On October 16, 2023 a
Clerk Notice
was filed
involving a dispute between
Riguero, Petra,
and
Mendez, Richard,
for (16) Unlimited Fraud
in the District Court of Calaveras County.
Preview
SUPERIOR COURT 0F CALIFORNIA
COUNTY OF CALAVERAS
400 GOVERNMENT CENTER DRIVE
SAN ANDREAS, CA 95249
(209) 754-9800
PLAINTIFF: PETRA RIGUERO
VS.
DEFENDANT: RICHARD MENDEZ
NOTICE OF INCLUSION IN CIVIL CASE DELAY REDUCTION PROGRAM AND CASE NUMBER:
SETTING CASE MANAGEMENT CONFERENCE. CRC 3.700 23CV46995
TO ALL PARTIES AND THEIR ATTORNEYS OF - READ THIS NOTICE:
RIECORD
THIS CASE HAS BEEN INCLUDED in the Civil Case Delay Reduction Program pursuant to California Rules of
Coun. Rule 3.700 and the Local Rules for Calaveras SUperior Court.
COURT SUPERVISION UNTIL DISPOSITION Thisi case shall be subject to active coun management.
Disposition of this matter shall be no later than 12 months after the date the Complaint was filed absent a
showing of good cause per California Rules of Court. Rule 3. 715.
HEARING DATE This matter has a Case Conference scheduled for 02121I2024 at 1:30 PM in
Management
Courtroom 4. Counsel / parties must read and be familiarwith California Rules of Court, Rule 3. 722 and must
file and serve a Case Management Conference Statement (fonn CM--110) at least 15 days prior to the hearing.
APPEARANCE AT l-IEARlNG Provided Califomia Rules of Court. Rule 3.110 (tiling timelines) Is observed and
a timely Case Management Conference Statement is filed. counsel or parties may be notified by the court that
no appearance at the Case Management Conference is required. Counsel or parties not relieved of appearing
may appear telephonically but must contact CourtCall at (888) 8826878 ext. 831. Court at least 5 days prior to
the hearing date.
SERVE THIS NOTICE lt is the responsibility of the filing party to serve all other parties with a copy of this
Notice along with the ADR information Package. Summons and Complaint or Cross-Complaint. All parties
must be familiar with and comply with applicable State and Local rules governing Delay Reduction and Case
Management. Rules and forms are available at www. calaveras gguflsga.ggy
NOTICE TO DEFENDANT Failure to file an Answer or other appropriate response with the court within 30
days of service of the Complaint on you could result'In a judgment against you prior to the above hearing date.
You are advised to contact an attorney immediately.
JURY FEE With limited exceptions. each party mquésting a jury trial must pay a $150 non-refundable jury fee
on or before the initial Case Management Conference.' (Code of Civil Procedure Section 631.)
Dated: 10/1612023 Margaret Smith.
Clerk Court
crime
I
Phaivarin Prum
Deputy Clerk
NOTICE OF INCLUSION IN CIVIL CASE DELAY REDUCTION PROGRAM
AND SETTING CASE MANAGEMENT CONFERENCE
Govt. Code § 68600 at. Seq; CRC 10.900 et. Seq. I
Rev. 11-25-2013
IL 5'
l
SUPERIOR COURT OF CALIFORNIA
I."-
COUNTY OF CALAVERAS
*9?
5.;.-
?'I
um '
ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION
NOTICE: Pursuant to the Califomla Rules of Court,'t'11 all general clw'! cases1 filed after June 30, 2001,
plaintiffs must serve a capy of this ADR information 'package on each defendant along with the complaint.
Crasscomplainants shat! serve a copy of the ADR information package on any new parties to the action
along with the class-complaint.
I
SUMMARY OF CONTENTS. This ADR information package contains (a) general information about the principal
ADR processes. (b) information about ADR available at the court. and (c) an ADR stipulation form.
processes;
GENERAL INFORMATION ABOUT ADR. Did you know that most civil lawsuits settle without a trial? And did
you know that there are a number of ways to resolve civil disputes without having to sue somebody'?
These alternatives to a lawsuit are know as 'altemativtta dispute resolution" (ADR).
The most common forms of ADR are mediation. arbitration. and case evaluation. There are a number of other
kinds of ADR as well. In ADR trained. impartial persons decide disputes or help parties decide disputes
themselves. These persons are called 'n.eutrals" IFor example. in mediation. the neutral is the mediator.
Neutrals normally are chosen by the disputing parties 'or by the court. Neutrals can help parties resolve disputes
without having to go to court. ADR Is not new. ADR available"In many communities. through dispute resolution
programs and private neutrals.
I
Advantages of ADR- ADR can have a number of advantages over a lawsuit.
0 ADR can be speedier. A dispute often can be r'esolved'In a matter or months. even weeks. through ADR.
while a lawsuit can take years.
0 ADR can save money. Court costs attorneys fees. and expert fees can be saved
ADR can permit more participation. The partiesI may have more chances to tell their side of the story than
in court and may have more control over the outco'me.
0 ADR can be flexible. The parties can choose the ADR process that Is best for them For example. In
mediation the parties may decide how to resolve their dispute.
0 ADR can be cooperative. This means that the parties having a dispute may work together with the neutral
to resolve the dispute and agree to a remedy that makes sense to them. rather than work against each other
0 ADR can reduce stress. There are fewer. if any. court appearances. And because ADR can be speedier.
and save money. and because the parties are n'ormally cooperative. ADR is easier on the nerves The
parties don't have a lawsuit hanging over their heails for years.
. ADR can be more satisfying. For all the above reasons. many people have reported a high degree of
satisfaction with ADR
I
Because of these advantages. may parties chcose ADlR to resolve a dISpUIe. instead ofI filing a lawsuit. Even
when a lawsuit has been tiled, the court may refer the to a neutral before the parties' positions harden and
dispute
the lawsuit becomes costly. ADR has been used to'l resolve disputes even after a trial. when the result is
appealed.
!
Disadvantages of ADR- ADR may not be suitable for every diSpute.
. tf ADR'Is binding. the parties normally give up most court protections. including a decision by ajudge or jury
under formal rules of evidence and procedure, and I'eview for legal error by an appellate court.
0 There generally'Is less opportunity to find out about the other side' s case with ADR than with litigation. ADR
may not be effective if it takes place before the parties have sufficient information to resolve the dispute.
The neutral may charge a fee for his or her services.
If a dispute is not resalved through ADR. the may have to put time and money into both ADR and a
lawsuit parties
ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION
CRC 3 I. 10780etseq Page I ot4(rev Metros)
MRI-02:1 _
i
'
o Lawsuits must be brought within specified periods of time, known as statutes oi limitation. Parties must be
careful not to let a statute oi limitations run out while a dispute is in an ADR process.
Three common Types of ADR ~ Following are the three most common ADR methods.
1. Mediation. ln mediation. a neutral (the mediator) assists the parties in reaching a mutually acceptable
resolution of their dispute. Unlike lawsuits or some other types of ADR. the mediator does not decide how
the dispute is to be resolved. The parties do.
Mediation is a cooperative process. in which the parties work together toward a resolution that tries to meet
everyone's interests, instead of working against each other. Where at least one party loses. Mediation
normally leads to better relations between the parties and to resolutions that hold up. For example.
mediation has been very successful in family disputes. particularly with child custody and visitation.
Mediation is particularly effective when the parties have a condoning relationship, like neighbors or business
people. Mediation also is very effective where personal feelings are getting in the way oi a resolution. This
is because mediation normally gives the parties a chance to let out their feelings and find out how each other
sees things.
Mediation may not be a good idea Mien one party is unwimng to discuss a resolution or When one party has
been a victim of the other or cannot have enough bargaining power in mediation. However. mediation can
be successful for victims seeking restitution from offenders. A mediator can meet with the parties separately
when there has been violence between them.
2. Arbitration. In arbitration. a neutral (the arbitrator) reviews evidence. hears arguments. and makes a
decision (award) to resolve the dispute. This is very different from mediation. where the mediator helps the
parties reach their own resolution. Arbitration normally is more informal and much speedier and less
expensive than a lawsuit. Because of the large number or cases awaiting trial in many courts. a dispute
normally can be heard much more quickly by an arbitrator than by a judge. Often a case that may take a
week to try in court can be heard by an arbitrator in a matter or hours. because evidence can be submitted
by documents (like medical reports and bills and business records). rather than by testimony.
There are two kinds oi arbitration in California. Private arbitration. by agreement of the parties involved in
the dispute, takes place outside cf the courts and, normally. is binding. in most cases "binding" means tlIat
the arbitrator's decision (award) is final and there will not be a trail or an appeal of that decision. By contrast.
a decision by an arbitrator in a case referred by the courts. known as 'judicial arbitration." is not binding.
unless the parties agree to be bound. A party Who does not like the award may file a request for trial with the
court within a specified time. However. if that party does not do better in the trial than in arbitration. he or
she may have to pay a penalty.
Arbitration is best for cases where the parties want a decision withom the expense of atrial. Arbitration may
be better than mediation when the parties have no relationship except for the dispute. Arbitration may not be
a good idea when the parties want to resolve their dispute by themselves. or with the aid of a neutral.
3. Case Evaluation. In case evaluation, a neutral (the evaluator) gives an opinion on the strengths and
weaknesses of each party's evidence and arguments. and makes an evaluation of the case. Each paIty gets
a chance to present their case and hear the other side. This may lead to settlement. or at lease help the
parties prepare to resolve the dispute later on.
Case evaluation, ltke mediation. can come early in the dispute and save time and money. Cece evaluation is
most effective when someone has an unrealistic view of the dispute or when the only real issue is what the
case is worth. or when there are technical or scientific questions to be worked out.
Case evaluation may not be a good idea when it too soon to tell what the case is worth or when the
dispute is about something besides money. like a neighbor playing loud music late at night.
ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION
a 10.780et. seq. Pagez om (revamps)
232113?
l
I
Additional information- There are other types of ADR beside mediation. arbitration. and case evaluation. Some
of these are conciliation. settlement conferences. fact finding. mini-trials. and summary jury trials. Sometimes
parties will try a combination of ADR types. The important thing is to try to find the type or types of ADR that are
most likely to resolve your dispute.
The selection of a neutral is an important decision. (There is no legal requirement that the neutral be licensed or
hold any particular certificate. However. some programs have established qualification requirements for neutrals.
You may wish to' Inquire about the qualifications of neutral you are using.
ariy
Two widely used ADR services are the American Arbitration Association (www www..adror_q) 800177831879 and
Judicial Arbitration / Mediation Services (www.lamsadr. com) 916/921 -5300 Both services offer experienced
neutrals. often retired judges or attorney specialists. who can help you set up your ADR process. agree to
common rules and proceed to solving or limiting a dispute.
Agreements reached through ADR normally are put in writing by the neutral and. ii the parties wish, may become
binding contracts than can be enforced by a iudge. You may wish to seek the advice of any attorney as to your
legal rights and other matters relating to the dispute. '
COURT SUPERVISED A93. Calaveras County Superior Court expects all attorneys and litigants to seriously
consider and evaluate ADR options to be
implementedIn each case. The Court prefers that the parties choose
the ADR process that best fits the particular needs and facts of a given diapute (CCP § 1280 et. seq. CRC 3 .830)
Absent agreement by the parties. the Court requires certain cases to participate'In judicial arbitration
Court Ordered Judicial Arbitration For applicable cases. judicial arbitration will be required as follows:
0 Cases may be ordered into arbitration with or without agreement of the parties. (CCP § 114111. CRC 3. 810)
9 Unless named in a written agreement (see attached). 3 arbitrators will be selected by the court. (CRC 3. 815)
0 Within 10 days from the date the arbitrators are selected by the court. each party (or side) may reject one of
the 3 proposed arbitrators. and the court shall appoint one of the remaining proposed arbitrators. (CRC 3.815)
. Within 15 days from the date the arbitrator is appointed by the court. the arbitrator shall notify the parties and
the court of the date, time and place for the arbitration hearing.(CRC 3.815)
. No private (Ex Pane) communications with the arbitrator are allowed except as necessary for scheduling or
'
requesting a continuance. (CRC 3 .829)
.0 Parties that settle the case. must notify the arbitrator at least 2 days prior to the hearing. (CRC 3. 829)
Parties with authority to settle are required to be present at the arbitration hearing. (CRC 3. 874)
o The arbitration hearing shall be completed within 90 days of the appointment of the arbitrator. requests for
continuances to extend the 90 days, require a court order after noticed motion. (CRC 3. 817 & 3.821)
0 Within 10 days after the arbitration hearing. the arbitrator shall serve and file the award. (CRC 3. 825)
o The arbitration award shall be final and binding unless a partyIfiles a request for trial within 30 days after the
date the arbitration award was 1' led .(CCP 1141.20 CRC 3. 826)
o If a timely request for trial is tiled the case will be set on the case management calendar. (CCP § 114120)
0 if the judgment upon trial :3 not more favorable than' the arbitration award for the party who rejected the award
and requested the trial. that party may be assessed with the other side's nonrefundable attorneys fees and
costs (CCP § 1141 .21)
The following page is the court approved ADR stipulation form.
The Court Ordered Judicial Arbitration procedure outlined above is taken from the California Code of Civil
Procedure and Rules of Court. The procedure has been summarized and abbreviated in order to familiarize
parties with the procedure. it is not intended as legal advice or to be relied upon for any particular case. You
are directed to read the entire statutory section as cited and/or consult an attorney before making a decision
regarding selecting or rejecting an arbitrator, continuances, and aoceptrhg or rejecting an arbitration award.
ALTERNATlVE DlSPUTE (ADR) lNFORMATlON
ggglaofiar
310mg RESOLUTION Page3014 (rev 3124/08)
AmRNEY 0R PARTY W001" AmRNEY (NAME, ADDRESS, PHONE) FOR COURT USE ONLY
Ammvrommm
SUPERIOR COURT OF CALIFORNIA, COUNTY OF CALM/ERAS
0mm LOCA'ITON: 400 Government Center Drive
MAILING ADDRESS: 400 Government Center Drive
cm'azn'cooa San Andreas, CA 95249
PLAINTIFF:
VS
DEFENDANT: CASENO;
STIPULATION AND ORDER REFERRMG MATTER TO
ALTERNATIVE DISPUTE RESOLUTION
'l'hepartieshoteto stipulateandageetobeboundbyanadarefafingthisoosewtbetoflawingonamnvedispmeresoludonpm (checkonebox
below):
Private Mediation Binding Private Arbitration
Private Settlement Conference Nonbinding Private Arbitration
Private Neutral Evaluation Judicial Arbitration
Other ADR Process:
The ADR process will be conducted by (name of neutral):
Provider's Address:
Provider's Telephone: Fax:
The ADR process will be conducted on (date): OR
The ADR process Will be conducted on a date set by the neutral.
The costs for the ADR process will be shared equally by parties, OR
The costs will be borne as follows: .
Type or print name of party without attorney Altomey for (SIGNATURE) Attorneyorparty without attorney
Plaintifin'a itioner Defwdaut/Respondcnt/Corttesmm
Type or print name of party without attorney Attorney for (SIGNATURE) Attomeyot party without attorney
'
Plaiulimm'tionfl' Defendant/RspondattlContmnt
Additional patties' consents are attached hereto on (number) additional page(s).
It is ordered that the case is referred to the ADR process indicated above. Each party must
appear at such ADR process with persons having full authority to resolve the dispute.
Date:
JUDGE OF THE SUPERIOR COURT
ALTERNATIVE DISPUTE RESOLUTION (ADR) lNFORMATION
& 10.730 et. seq. Page 4 at 4 (rev. almost
gggrségt
.._...._..-.
CM-020
ATTORNEYOR PMWWAWOMEY (Nam M "W "mar FOROOURI'USEMY
IELEPfl ONE N0. mmo M l
MADDRESSM
ATTORNEY FOR (Nana)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
smmmss
""'Gmm CALAVERAS SUPERIOR COURT
CITY ANDZP CODE:
4oooovsRNMENTCENrER0RwE
BMW SAN ANDREAS, CA 95249
I
PLAINTIFFIPETITIONER.
DEFENDANT [RESPONDENI' I
"$5M
EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE
PLEADIN G AN D ORDER EXTENDING TiME TO SERVE AND
E3 ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Note: This ex parte appIicatton will be consldEIed withoutla petsonal appearance. "W0 DATE.
(See Cal. Rules of Court, rule 3.1207(2) 3 I DEPT.
1 Applicant {name} I
is
all:
.
plaintiff
Inf: I
I:
c.
crosscomplainant
petitioner
(LI defendant
ea
I
crossdefendant '
f. [:I respcndent
at: other (describe): I
z The cornplalnt or other initial pleading in this action was filed tin (date):
3. Applicant requests that the court grant an order extending time for service of the loflovring pleading:
3.1:: Comptaint
ct: Cross-complaint
at:
[3
d.
Petition
Answer orotiier responsive pleading
l
t
e. [:3 Other (describe):
!
l
4. Service and filing of the pleading iisted in item 3 is presently to be coinpleted by {date}:
re'quired
5. Previous applications. orders. or stipulations let an extension time to serve and tile in this action are:
a. [3 None
(if
E:
|
b. The following (describe all. including the Iengtli oranfitprevious extensions):
6. Appticenl requests an eidension of time to serve and tile the pleading listed in item 3 on the toilowing parties {name each):
. I fan: 1 at!
'mmdfiuflgge 5x PARTE APPLICATION FOR EXTENSION OF TIME w3_fi§g';;:gm
mm tam man To SERVE PLEADINks AND ORDERS mantle-aw
Olin-020
CASE NAME: CASE NUMBER:
7. The pleading has not yet been filed and served on the parties hated in item 6 tor the following reasons {describe the efforts that have
been made to serve the pleading and why service has not been completed):
B Continued on Attachment 7. ' '
8. An extension of time to serve and tile the pleading should be granted for the 'Q'Wiflgtééfiollfi 2"." Ir
l
. i.
"1' ..'.' I 3"!
..
|
[3 Continued on Attachment 8.
9. it an extension of time is granted. filing and service on the parties listed in item 6 will be completed by (date):
10. Notice of this application under rules 3.1200-3.1207 [:3 has been provided as required (describe all parties or counsel to whom
notice was given; the date, time. and manner of giving notice.~ what the parties or counsel were told and their responses; and
whether opposition? is expecteri) or E: is not required (stale reasons):
[3 Continued on Attachment 10.
11. Number of pages attached: __
i declare under penalty ot perjury under the lawns oi the State oi California that the foregoing is true and correct.
Date:
>
MMWMO'WORAWORNEYFORN'W WWWWORAWOMEVFORN'PUW'I')
Order on Application is 5 below D on a separate document.
ORDER
1. The application for an order extending time to serve and tile the pleading is C] granted [:3 denied.
2. The pleading must be served and tiled no later than (date):
3. C] The case management conference is rescheduled to:
a. Date:
1). Time:
c. Place:
4. Oil-rerorders:
5. A copy of this application and order must be served on all parties or their counsel that have appeared in the case.
Date:
m MEIER
EX PARTE APPLICATION FOR EXTENSION OF TIME M02"!
TO SERVE PLEADING AND ORDERS
Document Filed Date
October 16, 2023
Case Filing Date
October 16, 2023
Category
(16) Unlimited Fraud
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
SUPERIOR COURT 0F CALIFORNIA COUNTY OF CALAVERAS 400 GOVERNMENT CENTER DRIVE SAN ANDREAS, CA 95249 (209) 754-9800 PLAINTIFF: PETRA RIGUERO VS. DEFENDANT: RICHARD MENDEZ NOTICE OF INCLUSION IN CIVIL CASE DELAY REDUCTION PROGRAM AND CASE NUMBER: SETTING CASE MANAGEMENT CONFERENCE. CRC 3.700 23CV46995 TO ALL PARTIES AND THEIR ATTORNEYS OF - READ THIS NOTICE: RIECORD THIS CASE HAS BEEN INCLUDED in the Civil Case Delay Reduction Program pursuant to California Rules of Coun. Rule 3.700 and the Local Rules for Calaveras SUperior Court. COURT SUPERVISION UNTIL DISPOSITION Thisi case shall be subject to active coun management. Disposition of this matter shall be no later than 12 months after the date the Complaint was filed absent a showing of good cause per California Rules of Court. Rule 3. 715. HEARING DATE This matter has a Case Conference scheduled for 02121I2024 at 1:30 PM in Management Courtroom 4. Counsel / parties must read and be familiarwith California Rules of Court, Rule 3. 722 and must file and serve a Case Management Conference Statement (fonn CM--110) at least 15 days prior to the hearing. APPEARANCE AT l-IEARlNG Provided Califomia Rules of Court. Rule 3.110 (tiling timelines) Is observed and a timely Case Management Conference Statement is filed. counsel or parties may be notified by the court that no appearance at the Case Management Conference is required. Counsel or parties not relieved of appearing may appear telephonically but must contact CourtCall at (888) 8826878 ext. 831. Court at least 5 days prior to the hearing date. SERVE THIS NOTICE lt is the responsibility of the filing party to serve all other parties with a copy of this Notice along with the ADR information Package. Summons and Complaint or Cross-Complaint. All parties must be familiar with and comply with applicable State and Local rules governing Delay Reduction and Case Management. Rules and forms are available at www. calaveras gguflsga.ggy NOTICE TO DEFENDANT Failure to file an Answer or other appropriate response with the court within 30 days of service of the Complaint on you could result'In a judgment against you prior to the above hearing date. You are advised to contact an attorney immediately. JURY FEE With limited exceptions. each party mquésting a jury trial must pay a $150 non-refundable jury fee on or before the initial Case Management Conference.' (Code of Civil Procedure Section 631.) Dated: 10/1612023 Margaret Smith. Clerk Court crime I Phaivarin Prum Deputy Clerk NOTICE OF INCLUSION IN CIVIL CASE DELAY REDUCTION PROGRAM AND SETTING CASE MANAGEMENT CONFERENCE Govt. Code § 68600 at. Seq; CRC 10.900 et. Seq. I Rev. 11-25-2013 IL 5' l SUPERIOR COURT OF CALIFORNIA I."- COUNTY OF CALAVERAS *9? 5.;.- ?'I um ' ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION NOTICE: Pursuant to the Califomla Rules of Court,'t'11 all general clw'! cases1 filed after June 30, 2001, plaintiffs must serve a capy of this ADR information 'package on each defendant along with the complaint. Crasscomplainants shat! serve a copy of the ADR information package on any new parties to the action along with the class-complaint. I SUMMARY OF CONTENTS. This ADR information package contains (a) general information about the principal ADR processes. (b) information about ADR available at the court. and (c) an ADR stipulation form. processes; GENERAL INFORMATION ABOUT ADR. Did you know that most civil lawsuits settle without a trial? And did you know that there are a number of ways to resolve civil disputes without having to sue somebody'? These alternatives to a lawsuit are know as 'altemativtta dispute resolution" (ADR). The most common forms of ADR are mediation. arbitration. and case evaluation. There are a number of other kinds of ADR as well. In ADR trained. impartial persons decide disputes or help parties decide disputes themselves. These persons are called 'n.eutrals" IFor example. in mediation. the neutral is the mediator. Neutrals normally are chosen by the disputing parties 'or by the court. Neutrals can help parties resolve disputes without having to go to court. ADR Is not new. ADR available"In many communities. through dispute resolution programs and private neutrals. I Advantages of ADR- ADR can have a number of advantages over a lawsuit. 0 ADR can be speedier. A dispute often can be r'esolved'In a matter or months. even weeks. through ADR. while a lawsuit can take years. 0 ADR can save money. Court costs attorneys fees. and expert fees can be saved ADR can permit more participation. The partiesI may have more chances to tell their side of the story than in court and may have more control over the outco'me. 0 ADR can be flexible. The parties can choose the ADR process that Is best for them For example. In mediation the parties may decide how to resolve their dispute. 0 ADR can be cooperative. This means that the parties having a dispute may work together with the neutral to resolve the dispute and agree to a remedy that makes sense to them. rather than work against each other 0 ADR can reduce stress. There are fewer. if any. court appearances. And because ADR can be speedier. and save money. and because the parties are n'ormally cooperative. ADR is easier on the nerves The parties don't have a lawsuit hanging over their heails for years. . ADR can be more satisfying. For all the above reasons. many people have reported a high degree of satisfaction with ADR I Because of these advantages. may parties chcose ADlR to resolve a dISpUIe. instead ofI filing a lawsuit. Even when a lawsuit has been tiled, the court may refer the to a neutral before the parties' positions harden and dispute the lawsuit becomes costly. ADR has been used to'l resolve disputes even after a trial. when the result is appealed. ! Disadvantages of ADR- ADR may not be suitable for every diSpute. . tf ADR'Is binding. the parties normally give up most court protections. including a decision by ajudge or jury under formal rules of evidence and procedure, and I'eview for legal error by an appellate court. 0 There generally'Is less opportunity to find out about the other side' s case with ADR than with litigation. ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute. The neutral may charge a fee for his or her services. If a dispute is not resalved through ADR. the may have to put time and money into both ADR and a lawsuit parties ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION CRC 3 I. 10780etseq Page I ot4(rev Metros) MRI-02:1 _ i ' o Lawsuits must be brought within specified periods of time, known as statutes oi limitation. Parties must be careful not to let a statute oi limitations run out while a dispute is in an ADR process. Three common Types of ADR ~ Following are the three most common ADR methods. 1. Mediation. ln mediation. a neutral (the mediator) assists the parties in reaching a mutually acceptable resolution of their dispute. Unlike lawsuits or some other types of ADR. the mediator does not decide how the dispute is to be resolved. The parties do. Mediation is a cooperative process. in which the parties work together toward a resolution that tries to meet everyone's interests, instead of working against each other. Where at least one party loses. Mediation normally leads to better relations between the parties and to resolutions that hold up. For example. mediation has been very successful in family disputes. particularly with child custody and visitation. Mediation is particularly effective when the parties have a condoning relationship, like neighbors or business people. Mediation also is very effective where personal feelings are getting in the way oi a resolution. This is because mediation normally gives the parties a chance to let out their feelings and find out how each other sees things. Mediation may not be a good idea Mien one party is unwimng to discuss a resolution or When one party has been a victim of the other or cannot have enough bargaining power in mediation. However. mediation can be successful for victims seeking restitution from offenders. A mediator can meet with the parties separately when there has been violence between them. 2. Arbitration. In arbitration. a neutral (the arbitrator) reviews evidence. hears arguments. and makes a decision (award) to resolve the dispute. This is very different from mediation. where the mediator helps the parties reach their own resolution. Arbitration normally is more informal and much speedier and less expensive than a lawsuit. Because of the large number or cases awaiting trial in many courts. a dispute normally can be heard much more quickly by an arbitrator than by a judge. Often a case that may take a week to try in court can be heard by an arbitrator in a matter or hours. because evidence can be submitted by documents (like medical reports and bills and business records). rather than by testimony. There are two kinds oi arbitration in California. Private arbitration. by agreement of the parties involved in the dispute, takes place outside cf the courts and, normally. is binding. in most cases "binding" means tlIat the arbitrator's decision (award) is final and there will not be a trail or an appeal of that decision. By contrast. a decision by an arbitrator in a case referred by the courts. known as 'judicial arbitration." is not binding. unless the parties agree to be bound. A party Who does not like the award may file a request for trial with the court within a specified time. However. if that party does not do better in the trial than in arbitration. he or she may have to pay a penalty. Arbitration is best for cases where the parties want a decision withom the expense of atrial. Arbitration may be better than mediation when the parties have no relationship except for the dispute. Arbitration may not be a good idea when the parties want to resolve their dispute by themselves. or with the aid of a neutral. 3. Case Evaluation. In case evaluation, a neutral (the evaluator) gives an opinion on the strengths and weaknesses of each party's evidence and arguments. and makes an evaluation of the case. Each paIty gets a chance to present their case and hear the other side. This may lead to settlement. or at lease help the parties prepare to resolve the dispute later on. Case evaluation, ltke mediation. can come early in the dispute and save time and money. Cece evaluation is most effective when someone has an unrealistic view of the dispute or when the only real issue is what the case is worth. or when there are technical or scientific questions to be worked out. Case evaluation may not be a good idea when it too soon to tell what the case is worth or when the dispute is about something besides money. like a neighbor playing loud music late at night. ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION a 10.780et. seq. Pagez om (revamps) 232113? l I Additional information- There are other types of ADR beside mediation. arbitration. and case evaluation. Some of these are conciliation. settlement conferences. fact finding. mini-trials. and summary jury trials. Sometimes parties will try a combination of ADR types. The important thing is to try to find the type or types of ADR that are most likely to resolve your dispute. The selection of a neutral is an important decision. (There is no legal requirement that the neutral be licensed or hold any particular certificate. However. some programs have established qualification requirements for neutrals. You may wish to' Inquire about the qualifications of neutral you are using. ariy Two widely used ADR services are the American Arbitration Association (www www..adror_q) 800177831879 and Judicial Arbitration / Mediation Services (www.lamsadr. com) 916/921 -5300 Both services offer experienced neutrals. often retired judges or attorney specialists. who can help you set up your ADR process. agree to common rules and proceed to solving or limiting a dispute. Agreements reached through ADR normally are put in writing by the neutral and. ii the parties wish, may become binding contracts than can be enforced by a iudge. You may wish to seek the advice of any attorney as to your legal rights and other matters relating to the dispute. ' COURT SUPERVISED A93. Calaveras County Superior Court expects all attorneys and litigants to seriously consider and evaluate ADR options to be implementedIn each case. The Court prefers that the parties choose the ADR process that best fits the particular needs and facts of a given diapute (CCP § 1280 et. seq. CRC 3 .830) Absent agreement by the parties. the Court requires certain cases to participate'In judicial arbitration Court Ordered Judicial Arbitration For applicable cases. judicial arbitration will be required as follows: 0 Cases may be ordered into arbitration with or without agreement of the parties. (CCP § 114111. CRC 3. 810) 9 Unless named in a written agreement (see attached). 3 arbitrators will be selected by the court. (CRC 3. 815) 0 Within 10 days from the date the arbitrators are selected by the court. each party (or side) may reject one of the 3 proposed arbitrators. and the court shall appoint one of the remaining proposed arbitrators. (CRC 3.815) . Within 15 days from the date the arbitrator is appointed by the court. the arbitrator shall notify the parties and the court of the date, time and place for the arbitration hearing.(CRC 3.815) . No private (Ex Pane) communications with the arbitrator are allowed except as necessary for scheduling or ' requesting a continuance. (CRC 3 .829) .0 Parties that settle the case. must notify the arbitrator at least 2 days prior to the hearing. (CRC 3. 829) Parties with authority to settle are required to be present at the arbitration hearing. (CRC 3. 874) o The arbitration hearing shall be completed within 90 days of the appointment of the arbitrator. requests for continuances to extend the 90 days, require a court order after noticed motion. (CRC 3. 817 & 3.821) 0 Within 10 days after the arbitration hearing. the arbitrator shall serve and file the award. (CRC 3. 825) o The arbitration award shall be final and binding unless a partyIfiles a request for trial within 30 days after the date the arbitration award was 1' led .(CCP 1141.20 CRC 3. 826) o If a timely request for trial is tiled the case will be set on the case management calendar. (CCP § 114120) 0 if the judgment upon trial :3 not more favorable than' the arbitration award for the party who rejected the award and requested the trial. that party may be assessed with the other side's nonrefundable attorneys fees and costs (CCP § 1141 .21) The following page is the court approved ADR stipulation form. The Court Ordered Judicial Arbitration procedure outlined above is taken from the California Code of Civil Procedure and Rules of Court. The procedure has been summarized and abbreviated in order to familiarize parties with the procedure. it is not intended as legal advice or to be relied upon for any particular case. You are directed to read the entire statutory section as cited and/or consult an attorney before making a decision regarding selecting or rejecting an arbitrator, continuances, and aoceptrhg or rejecting an arbitration award. ALTERNATlVE DlSPUTE (ADR) lNFORMATlON ggglaofiar 310mg RESOLUTION Page3014 (rev 3124/08) AmRNEY 0R PARTY W001" AmRNEY (NAME, ADDRESS, PHONE) FOR COURT USE ONLY Ammvrommm SUPERIOR COURT OF CALIFORNIA, COUNTY OF CALM/ERAS 0mm LOCA'ITON: 400 Government Center Drive MAILING ADDRESS: 400 Government Center Drive cm'azn'cooa San Andreas, CA 95249 PLAINTIFF: VS DEFENDANT: CASENO; STIPULATION AND ORDER REFERRMG MATTER TO ALTERNATIVE DISPUTE RESOLUTION 'l'hepartieshoteto stipulateandageetobeboundbyanadarefafingthisoosewtbetoflawingonamnvedispmeresoludonpm (checkonebox below): Private Mediation Binding Private Arbitration Private Settlement Conference Nonbinding Private Arbitration Private Neutral Evaluation Judicial Arbitration Other ADR Process: The ADR process will be conducted by (name of neutral): Provider's Address: Provider's Telephone: Fax: The ADR process will be conducted on (date): OR The ADR process Will be conducted on a date set by the neutral. The costs for the ADR process will be shared equally by parties, OR The costs will be borne as follows: . Type or print name of party without attorney Altomey for (SIGNATURE) Attorneyorparty without attorney Plaintifin'a itioner Defwdaut/Respondcnt/Corttesmm Type or print name of party without attorney Attorney for (SIGNATURE) Attomeyot party without attorney ' Plaiulimm'tionfl' Defendant/RspondattlContmnt Additional patties' consents are attached hereto on (number) additional page(s). It is ordered that the case is referred to the ADR process indicated above. Each party must appear at such ADR process with persons having full authority to resolve the dispute. Date: JUDGE OF THE SUPERIOR COURT ALTERNATIVE DISPUTE RESOLUTION (ADR) lNFORMATION & 10.730 et. seq. Page 4 at 4 (rev. almost gggrségt .._...._..-. CM-020 ATTORNEYOR PMWWAWOMEY (Nam M "W "mar FOROOURI'USEMY IELEPfl ONE N0. mmo M l MADDRESSM ATTORNEY FOR (Nana) SUPERIOR COURT OF CALIFORNIA, COUNTY OF smmmss ""'Gmm CALAVERAS SUPERIOR COURT CITY ANDZP CODE: 4oooovsRNMENTCENrER0RwE BMW SAN ANDREAS, CA 95249 I PLAINTIFFIPETITIONER. DEFENDANT [RESPONDENI' I "$5M EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADIN G AN D ORDER EXTENDING TiME TO SERVE AND E3 ORDER CONTINUING CASE MANAGEMENT CONFERENCE Note: This ex parte appIicatton will be consldEIed withoutla petsonal appearance. "W0 DATE. (See Cal. Rules of Court, rule 3.1207(2) 3 I DEPT. 1 Applicant {name} I is all: . plaintiff Inf: I I: c. crosscomplainant petitioner (LI defendant ea I crossdefendant ' f. [:I respcndent at: other (describe): I z The cornplalnt or other initial pleading in this action was filed tin (date): 3. Applicant requests that the court grant an order extending time for service of the loflovring pleading: 3.1:: Comptaint ct: Cross-complaint at: [3 d. Petition Answer orotiier responsive pleading l t e. [:3 Other (describe): ! l 4. Service and filing of the pleading iisted in item 3 is presently to be coinpleted by {date}: re'quired 5. Previous applications. orders. or stipulations let an extension time to serve and tile in this action are: a. [3 None (if E: | b. The following (describe all. including the Iengtli oranfitprevious extensions): 6. Appticenl requests an eidension of time to serve and tile the pleading listed in item 3 on the toilowing parties {name each): . I fan: 1 at! 'mmdfiuflgge 5x PARTE APPLICATION FOR EXTENSION OF TIME w3_fi§g';;:gm mm tam man To SERVE PLEADINks AND ORDERS mantle-aw Olin-020 CASE NAME: CASE NUMBER: 7. The pleading has not yet been filed and served on the parties hated in item 6 tor the following reasons {describe the efforts that have been made to serve the pleading and why service has not been completed): B Continued on Attachment 7. ' ' 8. An extension of time to serve and tile the pleading should be granted for the 'Q'Wiflgtééfiollfi 2"." Ir l . i. "1' ..'.' I 3"! .. | [3 Continued on Attachment 8. 9. it an extension of time is granted. filing and service on the parties listed in item 6 will be completed by (date): 10. Notice of this application under rules 3.1200-3.1207 [:3 has been provided as required (describe all parties or counsel to whom notice was given; the date, time. and manner of giving notice.~ what the parties or counsel were told and their responses; and whether opposition? is expecteri) or E: is not required (stale reasons): [3 Continued on Attachment 10. 11. Number of pages attached: __ i declare under penalty ot perjury under the lawns oi the State oi California that the foregoing is true and correct. Date: > MMWMO'WORAWORNEYFORN'W WWWWORAWOMEVFORN'PUW'I') Order on Application is 5 below D on a separate document. ORDER 1. The application for an order extending time to serve and tile the pleading is C] granted [:3 denied. 2. The pleading must be served and tiled no later than (date): 3. C] The case management conference is rescheduled to: a. Date: 1). Time: c. Place: 4. Oil-rerorders: 5. A copy of this application and order must be served on all parties or their counsel that have appeared in the case. Date: m MEIER EX PARTE APPLICATION FOR EXTENSION OF TIME M02"! TO SERVE PLEADING AND ORDERS