Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, ana FOR COURT USE ONLY
address} Razi A. Shah, CSBN: 181968
— Attorney at Law
2140- Shattuck-Avenue, Suite 411
Berkeley, CA'94704.
TELEPHONENO 510-486-1190 FAXNO (Optional) 510 -4 86 - 13 3 9
r
, , ' , „ : • ( - -~: ' -'( C >,",-- -1 - - ; - - - . :- •_ . ; ..;,.,. • < i , - I ... . -
E-MAiLADDRESsfOp/iona/^razishahOsbcglobal .net _
ATTORNEY FOR (warns; P l a i n t i f f s Rodney and Florentine Abbot
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 ABBOT and FLORENTINE ABBOT
DEFENDANT/RESPONDENT. RONALD PAUL BRITSCHGI, et al .
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): UNLIMITED CASE LIMITED CASE 07-AS-04450
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows.
Date.May 22, 2008 Time:08.30 am 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
1 -Party or parties (answer one):
a I I This statement is submitted by party (name)'
b I X I This statement is submitted jointly by parties (names): Rodney Abbot and Florentine Abbot
2 Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date).
b. I I The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. I X 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)
(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 X I complaint I I cross-complaint (describe, including causes of action).
Construction Defect
Page 1 of 4
Form Adopted for Mandatory Use Cal Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT @EB rules 3 720-3 730
CM-110 [Rev January 1. 2007]
www courtm/b ca gov
CM-110
CASE NUMBER
' PLAINTIFF/PETITIONER' RODNEY ABBOT and FLORENTINE ABBOT
07-AS-04450
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, descnbe the nature of the relief.)
The case involves allegations of construction defects at a custom single
family home, located at 8601-Rolling Green Way, Fair Oaks, California. The
plaintiff Rodney Abbot and Florentine Abbot are the owners of the house and
plaintiff.
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 X 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 x 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 X I days (specify number): 7 days
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 X 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 ] 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 X I has I I has not provided the ADR information package identified in rule 3221 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|RavJanuaryr20071
-
CASE MANAGEMENT STATEMENT @EB
CM-110
CASE NUMBER
' PLAINTIFF/PETITIONER RODNEY ABBOT and FLORENTINE ABBOT
07-AS-04450
DEFENDANT/RESPONDENT. RONALD PAUL BRITSCHGI, et al.
10. d The party or parties are willing to participate in (check all that apply)'
(1) fX~l Mediation
(2) I X I Nonbindmg 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 Nonbindmg 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 X I Other (specify): Parties are willing to mediate following period of discovery
and further investigation anticipated to take 4 to 6 months.
e. C I This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit
f. [ 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 C I This case is exempt from judicial arbitration under rule 3811 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)1
12. Insurance
a Ex I insurance carrier, if any, for party filing this statement (name):Navigators Insurance
b Reservation of rights I X I Yes I I No
c. C 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. C I There are companion, underlying, or related cases
(1) Name of case.
(2) Name of court
(3) Case number
(4) Status-
CHI Additional cases are described in Attachment 14a.
b. C 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 X I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues)
Motions in Limine
cM-no^anuar,™ CASE MANAGEMENT STATEMENT ^D P-»*«
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: RODNEY ABBOT and FLORENTINE ABBOT
07-AS-04450
DEFENDANT/RESPONDENT' RONALD PAUL BRITSCHGI, et al.
17 Discovery
a I I The party or parties have completed all discovery
b I X I The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Defendants Depositions 07/08
Palintiffs Defendants Written Discovery 08/08
Plaintiffs Expert Depositions 10/08
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 X 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).
I am completely familiar with this case and will be fully prepared to discuss the status f discovery and ADR, as well as other issues
raised by this statement, and will possess the authority to enter into stipulations on Hi >e issues at the time of the case management
conference, including the written authority of the party where required
Date May 5, 2008
Razi A. Shah
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
I | Additional signatures are attached
CM-110 [Rev January 1. 2007] Pa9e40f4
CASE MANAGEMENT STATEMENT
PROOF OF SERVICE
[CCP Section 1013(A); 2015.5]
STATE OF CALIFORNIA ) Case No: 07 - AS - 04450
) ss.
COUNTY OF SACRAMENTO ) Abbot v. Britschgi
5
I am a citizen of the United States and a resident of the County of Alameda. I am over the age of 18
6 years and not a party to the within above-entitled action; my business address is 2140 - Shattuck Avenue,
Suite 411. Berkeley. California 94704. On May 5. 2008.1 served the following:
7
'CASE MANAGEMENT STATEMENT"
8
on the persons listed on the service list by placing a true copy thereof in a sealed envelope, postage fully
9 prepaid, and served same as follows:
_XX : VIA MAIL: By placing an original or true copy thereof to be placed in sealed envelopes,
first class mail with postage fully prepaid for deposit with the U.S. Postal Service, addressed as indicated below, and at
1 1 my place of business, placed for collection, processing, and mailing on that date following ordinary business practices.
I am readily familiar with the business practice at the Law Offices of Razi A. Shah for collection and processing of
correspondence for mailing with the U.S. Postal Service. Pursuant to such practice, correspondence so collected and
*^ processed is deposited with the U.S Postal Service that same day in the ordinary course of business.
13 I declare under penalty of perjury that the foregoing is true and (correct and that this^ocument is
executed on May 5. 2008. at Berkeley, California.
14
15 ._
Razi A. Shah
16
1? SERVICE LIST
Jasun C. Molinelli, Esquire
Arche - Norris
19 655 - University Avenue, Suite 225
Sacramento, California 95825 - 6707
20
Craig N. Lundgren, Esquire
21 Malovos & Mendoza, LLP
3620 - American River Drive, Suite 215
22 Sacramento, California 95864
23
24
25
26
27
28
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, ana FOR COURT USE ONLY address} Razi A. Shah, CSBN: 181968 — Attorney at Law 2140- Shattuck-Avenue, Suite 411 Berkeley, CA'94704. TELEPHONENO 510-486-1190 FAXNO (Optional) 510 -4 86 - 13 3 9 r , , ' , „ : • ( - -~: ' -'( C >,",-- -1 - - ; - - - . :- •_ . ; ..;,.,. • < i , - I ... . - E-MAiLADDRESsfOp/iona/^razishahOsbcglobal .net _ ATTORNEY FOR (warns; P l a i n t i f f s Rodney and Florentine Abbot 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 ABBOT and FLORENTINE ABBOT DEFENDANT/RESPONDENT. RONALD PAUL BRITSCHGI, et al . CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE LIMITED CASE 07-AS-04450 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows. Date.May 22, 2008 Time:08.30 am 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 1 -Party or parties (answer one): a I I This statement is submitted by party (name)' b I X I This statement is submitted jointly by parties (names): Rodney Abbot and Florentine Abbot 2 Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date). b. I I The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. I X 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) (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 X I complaint I I cross-complaint (describe, including causes of action). Construction Defect Page 1 of 4 Form Adopted for Mandatory Use Cal Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT @EB rules 3 720-3 730 CM-110 [Rev January 1. 2007] www courtm/b ca gov CM-110 CASE NUMBER ' PLAINTIFF/PETITIONER' RODNEY ABBOT and FLORENTINE ABBOT 07-AS-04450 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, descnbe the nature of the relief.) The case involves allegations of construction defects at a custom single family home, located at 8601-Rolling Green Way, Fair Oaks, California. The plaintiff Rodney Abbot and Florentine Abbot are the owners of the house and plaintiff. 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 X 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 x 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 X I days (specify number): 7 days 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 X 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 ] 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 X I has I I has not provided the ADR information package identified in rule 3221 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|RavJanuaryr20071 - CASE MANAGEMENT STATEMENT @EB CM-110 CASE NUMBER ' PLAINTIFF/PETITIONER RODNEY ABBOT and FLORENTINE ABBOT 07-AS-04450 DEFENDANT/RESPONDENT. RONALD PAUL BRITSCHGI, et al. 10. d The party or parties are willing to participate in (check all that apply)' (1) fX~l Mediation (2) I X I Nonbindmg 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 Nonbindmg 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 X I Other (specify): Parties are willing to mediate following period of discovery and further investigation anticipated to take 4 to 6 months. e. C I This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit f. [ 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 C I This case is exempt from judicial arbitration under rule 3811 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)1 12. Insurance a Ex I insurance carrier, if any, for party filing this statement (name):Navigators Insurance b Reservation of rights I X I Yes I I No c. C 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. C I There are companion, underlying, or related cases (1) Name of case. (2) Name of court (3) Case number (4) Status- CHI Additional cases are described in Attachment 14a. b. C 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 X I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues) Motions in Limine cM-no^anuar,™ CASE MANAGEMENT STATEMENT ^D P-»*« CM-110 CASE NUMBER PLAINTIFF/PETITIONER: RODNEY ABBOT and FLORENTINE ABBOT 07-AS-04450 DEFENDANT/RESPONDENT' RONALD PAUL BRITSCHGI, et al. 17 Discovery a I I The party or parties have completed all discovery b I X I The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs Defendants Depositions 07/08 Palintiffs Defendants Written Discovery 08/08 Plaintiffs Expert Depositions 10/08 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 X 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). I am completely familiar with this case and will be fully prepared to discuss the status f discovery and ADR, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on Hi >e issues at the time of the case management conference, including the written authority of the party where required Date May 5, 2008 Razi A. Shah (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) I | Additional signatures are attached CM-110 [Rev January 1. 2007] Pa9e40f4 CASE MANAGEMENT STATEMENT PROOF OF SERVICE [CCP Section 1013(A); 2015.5] STATE OF CALIFORNIA ) Case No: 07 - AS - 04450 ) ss. COUNTY OF SACRAMENTO ) Abbot v. Britschgi 5 I am a citizen of the United States and a resident of the County of Alameda. I am over the age of 18 6 years and not a party to the within above-entitled action; my business address is 2140 - Shattuck Avenue, Suite 411. Berkeley. California 94704. On May 5. 2008.1 served the following: 7 'CASE MANAGEMENT STATEMENT" 8 on the persons listed on the service list by placing a true copy thereof in a sealed envelope, postage fully 9 prepaid, and served same as follows: _XX : VIA MAIL: By placing an original or true copy thereof to be placed in sealed envelopes, first class mail with postage fully prepaid for deposit with the U.S. Postal Service, addressed as indicated below, and at 1 1 my place of business, placed for collection, processing, and mailing on that date following ordinary business practices. I am readily familiar with the business practice at the Law Offices of Razi A. Shah for collection and processing of correspondence for mailing with the U.S. Postal Service. Pursuant to such practice, correspondence so collected and *^ processed is deposited with the U.S Postal Service that same day in the ordinary course of business. 13 I declare under penalty of perjury that the foregoing is true and (correct and that this^ocument is executed on May 5. 2008. at Berkeley, California. 14 15 ._ Razi A. Shah 16 1? SERVICE LIST Jasun C. Molinelli, Esquire Arche - Norris 19 655 - University Avenue, Suite 225 Sacramento, California 95825 - 6707 20 Craig N. Lundgren, Esquire 21 Malovos & Mendoza, LLP 3620 - American River Drive, Suite 215 22 Sacramento, California 95864 23 24 25 26 27 28