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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address* FOR COURT USE ONLY
_Jasun C. Molinelli (SB#204456)
ARCHER NORRIS
655 University Avenue, Suite 225
Sacramento, CA 95825-6707
TELEPHONENO. (916) 646-2480 FAXNO (Qpbonelf (916) 646-5696
E-MAIL ADDRESS (Optional}
ATTORNEY FOR (Name} Richard Kirk Ruvbalid, CA Construction & Western Surety
/
Fl LED/ENDORSED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
STREET ADDRESS 720 Ninth Street N.
MAILING ADDRESS MAY - 5 2008
cnrr AND ZIP CODE Sacramento, CA 95818
J
BRANCH NAME
PLAINTIFF/PETITIONER RODNEY ABBOTT and FLORENTINE ABBOTT By:. T.CALAUSTRO
Deputy Clerk
DEFENDANT/RESPONDENT: RONALD PAUL BRITSCHGI, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): FY1 UNLIMITED CASE CD LIMITED CASE
(Amount demanded (Amount demanded is $25,000 07AS04450
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:May 22, 2008 Time:8:30 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. Party or parties (answer one):
3- CEH This Statement is Submitted by party fname^.'Rlchard Kirk Ruybalid, CA Construction & Western Surety
b. [. 1 This statement is submitted jointly by parties (names,):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) BY FAX
a. The complaint was filed on (date):
b. i. j The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. C_ ] All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. CU 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. H~H 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
Pago 1 of 4
Form Adopted for Mandatory Urn Cat Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT rutes 3.720-3.730
CM-110 [Rev January 1.2007]
CM-110
PLAINTIFF/PETITIONER: RODNEY ABBOTT and FLORENTINE ABBOTT CASE NUMBER
'DEFENDANT/RESPONDENTiRONALD PAUL BRITSCHGI, et al. 07AS04450
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 case involves allegations of construction defects at a custom single-
family home, located at 8601 Rolling Green Way in Fair Oaks, California.
The plaintiffs are the owners of the home, Rodney and Florentine Abbott.
(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~1 a jury trial F I a nonjury trial (if more than one party, provide the name of each party
requesting a jury trial): Reserved
6. Trial date
a. I I The trial has been set for (date,):
b. LED 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):
Trial date: 5/19/08
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. LX] days (specify number): 7 days
b. HZl 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 ..... 1 Additional representation is described in Attachment 8.
9. Preference
' . J This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a. Counsel LEJ has ! 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 j 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 jammry 1.20071 CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER RODNEY ABBOTT and FLORENTINE ABBOTT CASE NUMBER
DEFENDANT/RESPONDENT:RONALD PAUL BRITSCHGI, et al. 07AS04450
10. d. The party or parties are willing to participate in (check all that apply):
(1) 7*7 Mediation
(2) 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) [IlJ 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 Binding private arbitration
(6) \ | Neutral case evaluation
(7) \ X i Other (specify): Parties are willing to mediate following period of discovery
and further investigation anticipated to take 4 to 6 months.
e. L_i This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit.
f. r_T7i 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.
9- C_ > This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption):
11. Settlement conference
The party or parties are willing to participate in an early settlement conference (specify when):
12. Insurance
a. 11 X.I Insurance carrier, if any, for party filing this statement (name): Navigators Insurance
b. Reservation of rights: IX I Yes I I No
c. L.Z1 Coverage issues will significantly affect resolution of this case (explain):
13. Jurisdiction
Indicate any matters that may affect the courts jurisdiction or processing of this case, and describe the status.
T J Bankruptcy | | Other (specify):
Status:
14. Related cases, consolidation, and coordination
a. [___] There are companion, underlying, or related cases.
Name of case:
Name of court:
Case number:
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 J 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
; X'.' The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
• Motions in limine.
l>89B3of4
.2007, CASE MANAGEMENT STATEMENT .
CM-110
PLAINTIFF/PETITIONER: RODNEY ABBOTT and FLORENTINE ABBOTT CASE NUMBER:
DEFENDANT/RESPONDENT: RONALD PAUL BRITSCHGI, et al. 07AS04450
17. Discovery
a. ; j The party or parties have completed all discovery.
b. fxl The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendants Plaintiff depositions 6/08
Defendants ' Written discovery 7/08
Defendants Expert depositions 10/08
c. I" 1 The following discovery issues are anticipated (specify):
18. Economic Litigation
a. [ | 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.. ', 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. fx~l 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 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: May 5, 2008
JASUN C. MOLINELLI
vx
(TYPE OR PRINT NAME) - (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
I I Additional signatures are attached
.2007] CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2 Name of Action: Abbot v. Britschgi, et al.
Court and Action No: Sacramento County Superior No. 07AS04450
3
I, Connie S. Costanza, declare that I am over the age of eighteen years and not a party to
4 this action or proceeding. My business address is 655 University Avenue, Suite 225, Sacramento,
California 95825. On May 5, 2008, 1 caused the following document(s) to be served:
5
NOTICE OF COURTCALL and CASE MANAGEMENT
6 CONFERENCE STATEMENT
7 fO\ by placing a true copy of the documents) listed above, enclosed in a sealed envelope,
addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. I am readily familiar
with this business' practice for collection and processing of correspondence for
mailing with the United States Postal Service. On the same day that a sealed envelope
10 is placed for collection and mailing, it is deposited in the ordinary course of business
with the United States Postal Service with postage fully prepaid.
11
by having a true copy of the document(s) listed above transmitted by facsimile to the
12 CA^ person(s) at the facsimile numbers) set forth below before 5:00 p.m. The transmission
was reported as complete without error by a report issued by the transmitting facsimile
machine.
14
by placing a true copy of the document(s) listed above, in a box or other facility
15 regularly maintained by UPS, an express service carrier, or delivered to a courier or
driver authorized by the express service carrier to receive documents, in an envelope
16 designated by the express service carrier, with delivery fees paid or provided for,
addressed as set forth below.
18
RaziA. Shah Plaintiffs
Attorney at Law
19
2140 Shattuck Avenue, Suite 411 Tel: (510)486-1190
Berkeley, CA 94704 Fax:(510)486-1339
Email: razishah@sbcglobal.net
Craig N. Lundgren Defendant Ron Britschgi
Malovos & Mendoza, LLP
22
3620 American River Drive, Suite 215 Tel: (916) 974-8600
Sacramento, CA 95864 Fax: (916) 974-8608
I declare under penalty of perjury that the foregoing is true and correct. Executed on May
5, 2008, at Sacramento, California. x~\ ^
( Q (J
26
V JJL^-^^££s
Connie S. Cosi
27
28
NIC34 1/608293-1
PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address* FOR COURT USE ONLY _Jasun C. Molinelli (SB#204456) ARCHER NORRIS 655 University Avenue, Suite 225 Sacramento, CA 95825-6707 TELEPHONENO. (916) 646-2480 FAXNO (Qpbonelf (916) 646-5696 E-MAIL ADDRESS (Optional} ATTORNEY FOR (Name} Richard Kirk Ruvbalid, CA Construction & Western Surety / Fl LED/ENDORSED SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREET ADDRESS 720 Ninth Street N. MAILING ADDRESS MAY - 5 2008 cnrr AND ZIP CODE Sacramento, CA 95818 J BRANCH NAME PLAINTIFF/PETITIONER RODNEY ABBOTT and FLORENTINE ABBOTT By:. T.CALAUSTRO Deputy Clerk DEFENDANT/RESPONDENT: RONALD PAUL BRITSCHGI, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): FY1 UNLIMITED CASE CD LIMITED CASE (Amount demanded (Amount demanded is $25,000 07AS04450 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:May 22, 2008 Time:8:30 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. Party or parties (answer one): 3- CEH This Statement is Submitted by party fname^.'Rlchard Kirk Ruybalid, CA Construction & Western Surety b. [. 1 This statement is submitted jointly by parties (names,): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) BY FAX a. The complaint was filed on (date): b. i. j The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. C_ ] All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. CU 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. H~H 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 Pago 1 of 4 Form Adopted for Mandatory Urn Cat Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rutes 3.720-3.730 CM-110 [Rev January 1.2007] CM-110 PLAINTIFF/PETITIONER: RODNEY ABBOTT and FLORENTINE ABBOTT CASE NUMBER 'DEFENDANT/RESPONDENTiRONALD PAUL BRITSCHGI, et al. 07AS04450 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 case involves allegations of construction defects at a custom single- family home, located at 8601 Rolling Green Way in Fair Oaks, California. The plaintiffs are the owners of the home, Rodney and Florentine Abbott. (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~1 a jury trial F I a nonjury trial (if more than one party, provide the name of each party requesting a jury trial): Reserved 6. Trial date a. I I The trial has been set for (date,): b. LED 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): Trial date: 5/19/08 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. LX] days (specify number): 7 days b. HZl 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 ..... 1 Additional representation is described in Attachment 8. 9. Preference ' . J This case is entitled to preference (specify code section): 10. Alternative Dispute Resolution (ADR) a. Counsel LEJ has ! 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 j 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 jammry 1.20071 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER RODNEY ABBOTT and FLORENTINE ABBOTT CASE NUMBER DEFENDANT/RESPONDENT:RONALD PAUL BRITSCHGI, et al. 07AS04450 10. d. The party or parties are willing to participate in (check all that apply): (1) 7*7 Mediation (2) 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) [IlJ 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 Binding private arbitration (6) \ | Neutral case evaluation (7) \ X i Other (specify): Parties are willing to mediate following period of discovery and further investigation anticipated to take 4 to 6 months. e. L_i This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. r_T7i 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. 9- C_ > This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption): 11. Settlement conference The party or parties are willing to participate in an early settlement conference (specify when): 12. Insurance a. 11 X.I Insurance carrier, if any, for party filing this statement (name): Navigators Insurance b. Reservation of rights: IX I Yes I I No c. L.Z1 Coverage issues will significantly affect resolution of this case (explain): 13. Jurisdiction Indicate any matters that may affect the courts jurisdiction or processing of this case, and describe the status. T J Bankruptcy | | Other (specify): Status: 14. Related cases, consolidation, and coordination a. [___] There are companion, underlying, or related cases. Name of case: Name of court: Case number: 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 J 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 ; X'.' The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): • Motions in limine. l>89B3of4 .2007, CASE MANAGEMENT STATEMENT . CM-110 PLAINTIFF/PETITIONER: RODNEY ABBOTT and FLORENTINE ABBOTT CASE NUMBER: DEFENDANT/RESPONDENT: RONALD PAUL BRITSCHGI, et al. 07AS04450 17. Discovery a. ; j The party or parties have completed all discovery. b. fxl The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Plaintiff depositions 6/08 Defendants ' Written discovery 7/08 Defendants Expert depositions 10/08 c. I" 1 The following discovery issues are anticipated (specify): 18. Economic Litigation a. [ | 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.. ', 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. fx~l 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 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: May 5, 2008 JASUN C. MOLINELLI vx (TYPE OR PRINT NAME) - (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) I I Additional signatures are attached .2007] CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 Name of Action: Abbot v. Britschgi, et al. Court and Action No: Sacramento County Superior No. 07AS04450 3 I, Connie S. Costanza, declare that I am over the age of eighteen years and not a party to 4 this action or proceeding. My business address is 655 University Avenue, Suite 225, Sacramento, California 95825. On May 5, 2008, 1 caused the following document(s) to be served: 5 NOTICE OF COURTCALL and CASE MANAGEMENT 6 CONFERENCE STATEMENT 7 fO\ by placing a true copy of the documents) listed above, enclosed in a sealed envelope, addressed as set forth below, for collection and mailing on the date and at the business address shown above following our ordinary business practices. I am readily familiar with this business' practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope 10 is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service with postage fully prepaid. 11 by having a true copy of the document(s) listed above transmitted by facsimile to the 12 CA^ person(s) at the facsimile numbers) set forth below before 5:00 p.m. The transmission was reported as complete without error by a report issued by the transmitting facsimile machine. 14 by placing a true copy of the document(s) listed above, in a box or other facility 15 regularly maintained by UPS, an express service carrier, or delivered to a courier or driver authorized by the express service carrier to receive documents, in an envelope 16 designated by the express service carrier, with delivery fees paid or provided for, addressed as set forth below. 18 RaziA. Shah Plaintiffs Attorney at Law 19 2140 Shattuck Avenue, Suite 411 Tel: (510)486-1190 Berkeley, CA 94704 Fax:(510)486-1339 Email: razishah@sbcglobal.net Craig N. Lundgren Defendant Ron Britschgi Malovos & Mendoza, LLP 22 3620 American River Drive, Suite 215 Tel: (916) 974-8600 Sacramento, CA 95864 Fax: (916) 974-8608 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 5, 2008, at Sacramento, California. x~\ ^ ( Q (J 26 V JJL^-^^££s Connie S. Cosi 27 28 NIC34 1/608293-1 PROOF OF SERVICE