On March 16, 2018 a
Party Statement
was filed
involving a dispute between
Charles Somers Individually And As Trustee For The Charles Somers Living Trust,
Somers, Charles,
and
Does 1-10,
Longoria, Dr. James,
for (Fraud (no contract))
in the District Court of Sacramento County.
Preview
CM-110
ATTORNEY OR PARTY WrTHOUT ATTORNEY (Name, Slate Bar number, and adOeas):
William R. Wame (SBN: 141280),.
Annie S. Amaral (SBN: 238189:)-^- - y-y
DOWNEY BRAND LLP
621 Capitol Mall, 18th Floor,^Sacramento, CA 95814 : \
TELEPHONENO.: ( 9 1 6 ) 4 4 4 - 1 0 0 0 FAX NO.rOptofiaO. ( 9 1 6 ) ' 4 4 4 - 2 1 0 0
E-MAIL ADDRESS (Opiibnat). b w a r n e ® d o w n e y b r a n d . c o m
ATTORNEY FOR (Namo;. P l a i n t i f f CHARLES SOMERS
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento
STREETADDRESS: 720 N i n t h S t r c s t
MAILING ADDRESS:
CITYANDZIPCODE: Sacramento, CA 9 5 8 1 4
BRANCH NAME:
PLAINTIFF/PETITIONER: CHARLES SOMERS, i n d i v i d u a l l y
a n d a s t r u s t e e o f SOMERS L I V I N G TRUST,
DEFENDANT/RESPONDENT: DR. JAMES LONGORIA, e t a l .
CASE MANAGEMENT STATEMENT
(Check one): | 7 | UNLIMITED CASE ( ^ U M I T E D CASE
(Amount demanded (Amount demanded ie $25,000
exceeds $25.000) or less)
A CASE MANAGEMENT CONFERENCE Is scheduled as follows:
Date: September 20, 2018 Time: 8:30 a.m. Dept.: 39
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the spedfied Information must be provided.
Party or parties (answer one):
a. ( Z l This statement is submitted by party fname;.- C h a r l e s Somers, Plaintiff BY FAX
b. Q This statement is submitted Jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The compiaint was filed on ^tyafe/- M a r c h 1 6 , 2 0 1 8
b. Q The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named In the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) Q have been served but have not appeared and have not been dismissed (specify names):
(3) Q have had a defeult entered against them (specify names):
c. Q The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
Description of case
a. Type of case In [Zl complaint Q cross-complaint (Describe, Including causes of action):
Fraud
Page 1 of 5
Fom AdoptBd fbr Mandatory Use
Judidal Courd' ol Callfomia CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720-3.730
CM-110[R«v July1,zai1l obLCom pjrenw www.0ourfs.ca.9ov
Somers, Charles
CM-110
PLAINTIFF/PETiTIONER:CHARLES SOMERS, i n d i v i d u a l l y CASE NUMBER:
and as t r u s t e e f o r SOMERS LIVING TRUST, 34-2018-00229212
DEFENDANT/RESPONDENT: DR. JAMES LONGORIA, et a l .
4. b. Provide a brief statement of the case. Including any damages. (If personal injury damages are sought, specity the injury and
damages claimed, including medical expenses to date [Indicate source and amount], estimated future medical expenses,
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Defendant James Longorla solicited plaintiff Charles Somers and induced Somers to
invest and loan several million dollars in a medical device company. He did so based
on several misrepresentations upon which Dr. Longoria never intended to follow
through. Somers now seeks the retum of his investments and locuis.
^] (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 a Jury trial Q a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. Q The trial has been set for (date):
b. No trial date has been set. This case will be ready fbr trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons for unavailabiiify):
. 7. Estimated length of trial
The party or parties estimate that the trial wili take (check one):
a. E l days (specify number): 5 - 7
b. Q hours (short causes) fspecAy;.-
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial E | by the attomey or party listed In the caption Q by the following:
a. Attomey:
b. Firni:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Q Additional representation Is described In Attachment 6.
9. Preference
d This case Is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR Information package. Please note that different ADR processes are available In different courts and communities; read
the ADR Information pacl-
DudensingKim
16 925 G Street
O 17 Sacramento, CA 95814
Q Ph: (916)448-3122
18 Fx: (916)448-1004
19
I am readily familiar with thefirm'spractice of collection and processing correspondence
20 for mailing. Under that practice it would be deposited with the U.S. Postal Service onttiatsame
day with postage thereon folly prepaid in the ordinary course of business. I am aware that on
21 motion ofthe party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
22
1 declare under penalty of perjury under the laws of the State of Califomia that the above
23 is true and correct.
24 Executed on September 5,2018, at Sacramento, Califomia.
25
26
"^^^^^Matus^
27
28
1330541.1
PROOF OF SERVICE
.iV ; •• c
Document Filed Date
September 05, 2018
Case Filing Date
March 16, 2018
Category
(Fraud (no contract))
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Preview
CM-110 ATTORNEY OR PARTY WrTHOUT ATTORNEY (Name, Slate Bar number, and adOeas): William R. Wame (SBN: 141280),. Annie S. Amaral (SBN: 238189:)-^- - y-y DOWNEY BRAND LLP 621 Capitol Mall, 18th Floor,^Sacramento, CA 95814 : \ TELEPHONENO.: ( 9 1 6 ) 4 4 4 - 1 0 0 0 FAX NO.rOptofiaO. ( 9 1 6 ) ' 4 4 4 - 2 1 0 0 E-MAIL ADDRESS (Opiibnat). b w a r n e ® d o w n e y b r a n d . c o m ATTORNEY FOR (Namo;. P l a i n t i f f CHARLES SOMERS SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento STREETADDRESS: 720 N i n t h S t r c s t MAILING ADDRESS: CITYANDZIPCODE: Sacramento, CA 9 5 8 1 4 BRANCH NAME: PLAINTIFF/PETITIONER: CHARLES SOMERS, i n d i v i d u a l l y a n d a s t r u s t e e o f SOMERS L I V I N G TRUST, DEFENDANT/RESPONDENT: DR. JAMES LONGORIA, e t a l . CASE MANAGEMENT STATEMENT (Check one): | 7 | UNLIMITED CASE ( ^ U M I T E D CASE (Amount demanded (Amount demanded ie $25,000 exceeds $25.000) or less) A CASE MANAGEMENT CONFERENCE Is scheduled as follows: Date: September 20, 2018 Time: 8:30 a.m. Dept.: 39 Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the spedfied Information must be provided. Party or parties (answer one): a. ( Z l This statement is submitted by party fname;.- C h a r l e s Somers, Plaintiff BY FAX b. Q This statement is submitted Jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The compiaint was filed on ^tyafe/- M a r c h 1 6 , 2 0 1 8 b. Q The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. All parties named In the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) Q have been served but have not appeared and have not been dismissed (specify names): (3) Q have had a defeult entered against them (specify names): c. Q The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): Description of case a. Type of case In [Zl complaint Q cross-complaint (Describe, Including causes of action): Fraud Page 1 of 5 Fom AdoptBd fbr Mandatory Use Judidal Courd' ol Callfomia CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 CM-110[R«v July1,zai1l obLCom pjrenw www.0ourfs.ca.9ov Somers, Charles CM-110 PLAINTIFF/PETiTIONER:CHARLES SOMERS, i n d i v i d u a l l y CASE NUMBER: and as t r u s t e e f o r SOMERS LIVING TRUST, 34-2018-00229212 DEFENDANT/RESPONDENT: DR. JAMES LONGORIA, et a l . 4. b. Provide a brief statement of the case. Including any damages. (If personal injury damages are sought, specity the injury and damages claimed, including medical expenses to date [Indicate source and amount], estimated future medical expenses, earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Defendant James Longorla solicited plaintiff Charles Somers and induced Somers to invest and loan several million dollars in a medical device company. He did so based on several misrepresentations upon which Dr. Longoria never intended to follow through. Somers now seeks the retum of his investments and locuis. ^] (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 a Jury trial Q a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. Q The trial has been set for (date): b. No trial date has been set. This case will be ready fbr trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons for unavailabiiify): . 7. Estimated length of trial The party or parties estimate that the trial wili take (check one): a. E l days (specify number): 5 - 7 b. Q hours (short causes) fspecAy;.- 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E | by the attomey or party listed In the caption Q by the following: a. Attomey: b. Firni: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Q Additional representation Is described In Attachment 6. 9. Preference d This case Is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR Information package. Please note that different ADR processes are available In different courts and communities; read the ADR Information pacl- DudensingKim 16 925 G Street O 17 Sacramento, CA 95814 Q Ph: (916)448-3122 18 Fx: (916)448-1004 19 I am readily familiar with thefirm'spractice of collection and processing correspondence 20 for mailing. Under that practice it would be deposited with the U.S. Postal Service onttiatsame day with postage thereon folly prepaid in the ordinary course of business. I am aware that on 21 motion ofthe party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 22 1 declare under penalty of perjury under the laws of the State of Califomia that the above 23 is true and correct. 24 Executed on September 5,2018, at Sacramento, Califomia. 25 26 "^^^^^Matus^ 27 28 1330541.1 PROOF OF SERVICE .iV ; •• c