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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and FOR COURT USE ONLY
address)
_ CRAIG N. LUNDGREN. SB# 148842
MALOVOS & MENDOZA, LLP
3620 American River Drive, Suite 215
Sacramento, CA 95864
TELEPHONE NO 916/974-8600 FAX NO ro^a/j 916/974-8608
E-MAIL ADDRESS (Opuonaf) cnl@malovoslaw.com
ATTORNEY FOR (Name) Defendant and X-Complaint Britschgi
MAR 1 8 2008
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
STREET ADDRESS 720 Ninth Street
MAILING ADDRESS
CITY AND ZIP CODE Sacramento. CA 95814
BRANCH NAME
PLAINTIFF/PETITIONER RODNEY ABBOTT, et al.
DEFENDANT/RESPONDENT. RONALD PAUL BRITSCHGI, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): UNLIMITED CASE LIMITED CASE 07AS04450
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date. April 3,2008 Time. 8:30 a.m. Dept.: 39 Div.: Room.
Address of court (if different from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a I / I This statement is submitted by party (name). Def/X-C Ronald Britschgi, dba Britschgi Construction
b I I This statement is submitted jointly by parties (names).
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date). September 24, 2007
b. I I The cross-complaint, if any, was filed on (date): December 14. 2007
3. Service (to be answered by plaintiffs and cross-complainants only)
a. I I All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed,
b I / I The following parties named in the complaint or cross-complaint
(1) I I have not been served (specify names and explain why not):
(2) I / I have been served but have not appeared and have not been dismissed (specify names):
RICHARD KIRK RUYBALID dba CA Construction, WESTERN SURETY
(3) I I have had a default entered against them (specify names):
c I I The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
4. Description of case
a Type of case in I I complaint I / I cross-complaint (descnbe, including causes of action):
Cross-complaint for indemnity, contribution, and apportionment of fault in connection with breach of
construction contract and negligence action filed by plaintiff.
Page 1 of 4
Form Acooied for Ma.nca'.ory Use Cal Rules of Court.
Jud:aal Council of California CASE MANAGEMENT STATEMENT rules 3 720-3 730
CM-110 (Rev January-,.2007] www cournnfo ca gov
(American LegalNe;. l-.c
I www Fnrni q Wnritflny,- wvn I
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: RODNEY ABBOTT, et al.
'DEFENDANT/RESPONDENT: RONALD PAUL BRITSCHGI, et al.
4. b Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
This is a negligence action seeking damages for a house with an attached garage that is too low relative
to the street. There are allegations of flooding.
I I (If more space is needed, check this box and attach a page designated as Attachment 4b)
5. Jury or nonjury trial
The party or parties request I / I a jury trial I I a nonjury trial (if more than one party, provide the name of each party
requesting a jury trial) •
6. Trial date
a. I I The trial has been set for (date):
b. I / I No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability)'
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. I / I days (specify number). 3
b. I I hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial I / I by the attorney or party listed in the caption I I by the following:
a. Attorney:
b. Firm.
c. Address:
d Telephone number:
e. Fax number
f E-mail address:
g. Party represented'
I I Additional representation is described in Attachment 8
9. Preference
I I This case is entitled to preference (specify code section)-
10. Alternative Dispute Resolution (ADR)
a. Counsel I / I has I I has not provided the ADR information package identified in rule 3 221 to the client and has
reviewed ADR options with the client.
b I / I All parties have agreed to a form of ADR. ADR will be completed by (date):
c. I I The case has gone to an ADR process (indicate status)-
CM-110 [Rev January 1 2007] Pane 2 of 4
g
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER- RODNEY ABBOTT, et al.
f)7AS044SO
'DEFENDANT/RESPONDENT RONALD PAUL BRITSCHGI, et al.
10. d. The party or parties are willing to participate in (check all that apply):
(1) I / I Mediation
(2) I I Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 3.822)
(3) I I Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 3 822)
(4) I I Binding judicial arbitration
(5) I I Binding private arbitration
(6) I I Neutral case evaluation
(7) I I Other (specify):
e I I This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit.
f. I I Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil
Procedure section 1141.11.
g. I I This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption).
11. Settlement conference
I / I The party or parties are willing to participate in an early settlement conference (specify when):
12. Insurance
a. I I Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: I I Yes I I No
c. I I Coverage issues will significantly affect resolution of this case (explain).
13 Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
I I Bankruptcy I I Other (specify):
Status:
14 Related cases, consolidation, and coordination
a. I I There are companion, underlying, or related cases
(1) Name of case.
(2) Name of court.
(3) Case number
(4) Status:
I I Additional cases are described in Attachment 14a.
b I I A motion to I I consolidate I I coordinate will be filed by (name party)-
15. Bifurcation
I I The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons).
16 Other motions
I I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
CM-1W January,.2007, STATEMENT
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER RODNEY ABBOTT, et al.
DEFENDANT/RESPONDENT. RONALD PAUL BRITSCHGI, et al. 07AS04450
17. Discovery
a I I The party or parties have completed all discovery.
b. I / I The following discovery will be completed by the date specified (descnbe all anticipated discovery)-
Party Description Date
Def/X-C Depositions, interrogatories, 12/1/08
requests for admissions and requests
production of documents
c. I I The following discovery issues are anticipated (specify):
18. Economic Litigation
a I I This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90 through 98 will apply to this case.
b. I I This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
19 Other issues
I I The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
20. Meet and confer
a I / I The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
21. Case management orders
Previous case management orders in this case are (check one): I / I none I I attached as Attachment 21
22 Total number of pages attached (if any)- 0
I am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, as well as other issues
raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management
conference, including the written authority of the party where required
Date: March 17,2008
CRAIG N. LUNDGREN
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
I I Additional signatures are attached
CM 110IRevJanuarv1 20071 Pa9e4oM
- - CASE MANAGEMENT STATEMENT
1 Rodney Abbott, etal. v. Ronald Britschgi, etal.
Sacramento County Superior Court Case No. 07AS04450
2
DECLARATION OF SERVICE
3
I am a citizen of the United States, over the age of 18 years, and not a party to or
4 interested in this action. I am an employee of Malovos & Mendoza, LLP and my business
address is 3620 American River Drive, Suite 215, Sacramento, CA 95864. On this day I
5 caused to be served the following document(s):
6 CASE MANAGEMENT STATEMENT
7 [XI By placing a true copy, in a sealed envelope, with postage fully prepaid, in the United
States Post Office mail at Sacramento, California, addressed as set forth below. I am
8 familiar with this firm's practice whereby the mail, after being placed in a designated
area, is given the appropriate postage and is deposited in a U.S. mail box after the
9 close of the day's business.
10 D By personal delivery of a true copy to the person indicated and at the address set forth
below.
11
D By Federal Express Mail to the person and at the address set forth below.
12
D By transmitting a true copy by facsimile to the person and at the facsimile number set
13 forth below.
14 John A. Britton A ttorneys for plaintiff
Harold C.Wright RODNEY ABBOTT and
15 Wright & Britton FLORENTINE ABBOTT
3741 Douglas Blvd., Suite #380
16 Roseville. CA 95661
FAX (916) 782-7560
17
Jasun C. Molinelli Attorney for defendant and cross-
18 Archer Norris defendant RICHARD KIRK
655 University Avenue. Suite #225 RUYBALID, individually and dba CA
19 Sacramento. CA 95825 CONSTRUCTION
FAX (916) 646-5696
20
CT Corporation System Cross-Defendant
21 Agent for Service of Process WESTERN SURETY COMPANY
For Western Surety Company
22 818 West Seventh'Street
Los Angeles, C A 90017
23
24 I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct.
26 Executed on March 18, 2008, at Sacramento, California.
27
'SHAULA PATCHETT
28
1
k \bntschgi. ron\pleadmgs\pser.doc PROOF OF
SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and FOR COURT USE ONLY address) _ CRAIG N. LUNDGREN. SB# 148842 MALOVOS & MENDOZA, LLP 3620 American River Drive, Suite 215 Sacramento, CA 95864 TELEPHONE NO 916/974-8600 FAX NO ro^a/j 916/974-8608 E-MAIL ADDRESS (Opuonaf) cnl@malovoslaw.com ATTORNEY FOR (Name) Defendant and X-Complaint Britschgi MAR 1 8 2008 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREET ADDRESS 720 Ninth Street MAILING ADDRESS CITY AND ZIP CODE Sacramento. CA 95814 BRANCH NAME PLAINTIFF/PETITIONER RODNEY ABBOTT, et al. DEFENDANT/RESPONDENT. RONALD PAUL BRITSCHGI, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE LIMITED CASE 07AS04450 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date. April 3,2008 Time. 8:30 a.m. Dept.: 39 Div.: Room. Address of court (if different from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a I / I This statement is submitted by party (name). Def/X-C Ronald Britschgi, dba Britschgi Construction b I I This statement is submitted jointly by parties (names). 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date). September 24, 2007 b. I I The cross-complaint, if any, was filed on (date): December 14. 2007 3. Service (to be answered by plaintiffs and cross-complainants only) a. I I All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed, b I / I The following parties named in the complaint or cross-complaint (1) I I have not been served (specify names and explain why not): (2) I / I have been served but have not appeared and have not been dismissed (specify names): RICHARD KIRK RUYBALID dba CA Construction, WESTERN SURETY (3) I I have had a default entered against them (specify names): c I I The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a Type of case in I I complaint I / I cross-complaint (descnbe, including causes of action): Cross-complaint for indemnity, contribution, and apportionment of fault in connection with breach of construction contract and negligence action filed by plaintiff. Page 1 of 4 Form Acooied for Ma.nca'.ory Use Cal Rules of Court. Jud:aal Council of California CASE MANAGEMENT STATEMENT rules 3 720-3 730 CM-110 (Rev January-,.2007] www cournnfo ca gov (American LegalNe;. l-.c I www Fnrni q Wnritflny,- wvn I CM-110 CASE NUMBER PLAINTIFF/PETITIONER: RODNEY ABBOTT, et al. 'DEFENDANT/RESPONDENT: RONALD PAUL BRITSCHGI, et al. 4. b Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) This is a negligence action seeking damages for a house with an attached garage that is too low relative to the street. There are allegations of flooding. I I (If more space is needed, check this box and attach a page designated as Attachment 4b) 5. Jury or nonjury trial The party or parties request I / I a jury trial I I a nonjury trial (if more than one party, provide the name of each party requesting a jury trial) • 6. Trial date a. I I The trial has been set for (date): b. I / I No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability)' 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. I / I days (specify number). 3 b. I I hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial I / I by the attorney or party listed in the caption I I by the following: a. Attorney: b. Firm. c. Address: d Telephone number: e. Fax number f E-mail address: g. Party represented' I I Additional representation is described in Attachment 8 9. Preference I I This case is entitled to preference (specify code section)- 10. Alternative Dispute Resolution (ADR) a. Counsel I / I has I I has not provided the ADR information package identified in rule 3 221 to the client and has reviewed ADR options with the client. b I / I All parties have agreed to a form of ADR. ADR will be completed by (date): c. I I The case has gone to an ADR process (indicate status)- CM-110 [Rev January 1 2007] Pane 2 of 4 g CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER PLAINTIFF/PETITIONER- RODNEY ABBOTT, et al. f)7AS044SO 'DEFENDANT/RESPONDENT RONALD PAUL BRITSCHGI, et al. 10. d. The party or parties are willing to participate in (check all that apply): (1) I / I Mediation (2) I I Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 3.822) (3) I I Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 3 822) (4) I I Binding judicial arbitration (5) I I Binding private arbitration (6) I I Neutral case evaluation (7) I I Other (specify): e I I This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. I I Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. g. I I This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption). 11. Settlement conference I / I The party or parties are willing to participate in an early settlement conference (specify when): 12. Insurance a. I I Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: I I Yes I I No c. I I Coverage issues will significantly affect resolution of this case (explain). 13 Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. I I Bankruptcy I I Other (specify): Status: 14 Related cases, consolidation, and coordination a. I I There are companion, underlying, or related cases (1) Name of case. (2) Name of court. (3) Case number (4) Status: I I Additional cases are described in Attachment 14a. b I I A motion to I I consolidate I I coordinate will be filed by (name party)- 15. Bifurcation I I The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons). 16 Other motions I I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): CM-1W January,.2007, STATEMENT CM-110 CASE NUMBER PLAINTIFF/PETITIONER RODNEY ABBOTT, et al. DEFENDANT/RESPONDENT. RONALD PAUL BRITSCHGI, et al. 07AS04450 17. Discovery a I I The party or parties have completed all discovery. b. I / I The following discovery will be completed by the date specified (descnbe all anticipated discovery)- Party Description Date Def/X-C Depositions, interrogatories, 12/1/08 requests for admissions and requests production of documents c. I I The following discovery issues are anticipated (specify): 18. Economic Litigation a I I This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90 through 98 will apply to this case. b. I I This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 19 Other issues I I The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 20. Meet and confer a I / I The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 21. Case management orders Previous case management orders in this case are (check one): I / I none I I attached as Attachment 21 22 Total number of pages attached (if any)- 0 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required Date: March 17,2008 CRAIG N. LUNDGREN (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) I I Additional signatures are attached CM 110IRevJanuarv1 20071 Pa9e4oM - - CASE MANAGEMENT STATEMENT 1 Rodney Abbott, etal. v. Ronald Britschgi, etal. Sacramento County Superior Court Case No. 07AS04450 2 DECLARATION OF SERVICE 3 I am a citizen of the United States, over the age of 18 years, and not a party to or 4 interested in this action. I am an employee of Malovos & Mendoza, LLP and my business address is 3620 American River Drive, Suite 215, Sacramento, CA 95864. On this day I 5 caused to be served the following document(s): 6 CASE MANAGEMENT STATEMENT 7 [XI By placing a true copy, in a sealed envelope, with postage fully prepaid, in the United States Post Office mail at Sacramento, California, addressed as set forth below. I am 8 familiar with this firm's practice whereby the mail, after being placed in a designated area, is given the appropriate postage and is deposited in a U.S. mail box after the 9 close of the day's business. 10 D By personal delivery of a true copy to the person indicated and at the address set forth below. 11 D By Federal Express Mail to the person and at the address set forth below. 12 D By transmitting a true copy by facsimile to the person and at the facsimile number set 13 forth below. 14 John A. Britton A ttorneys for plaintiff Harold C.Wright RODNEY ABBOTT and 15 Wright & Britton FLORENTINE ABBOTT 3741 Douglas Blvd., Suite #380 16 Roseville. CA 95661 FAX (916) 782-7560 17 Jasun C. Molinelli Attorney for defendant and cross- 18 Archer Norris defendant RICHARD KIRK 655 University Avenue. Suite #225 RUYBALID, individually and dba CA 19 Sacramento. CA 95825 CONSTRUCTION FAX (916) 646-5696 20 CT Corporation System Cross-Defendant 21 Agent for Service of Process WESTERN SURETY COMPANY For Western Surety Company 22 818 West Seventh'Street Los Angeles, C A 90017 23 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. 26 Executed on March 18, 2008, at Sacramento, California. 27 'SHAULA PATCHETT 28 1 k \bntschgi. ron\pleadmgs\pser.doc PROOF OF SERVICE