Preview
CM-110
PLAINTIFF/PETITIONER: Earl Patrick Kelly CASE NUMBER:
DEFENDANT/RESPONDENT: FORD MOTOR COMPANY 21CV01247
11. Insurance
a. D Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: D Yes D No
c. D Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate will be filed by (name party):
14. Bifurcation
D 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):
15. Other motions
D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. D The party or parties have completed all discovery.
b. [K] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written Discovery March 2022
Plaintiff Depositions of Dealership Technicians and PMQ March 2022
Plaintiff Depositions of Defendant's PMK March 2022
Plaintiff Expert Depositions Per Code
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021) Page 4 of 5
CASE MANAGEMENT STATEMENT
MC-025
CASE NUMBER:
SHORT TITLE:
Kelly, Earl Patrick v. Ford Motor Company 21CV01247
4a
ATTACHMENT (Number): -------
(This Attachment may be used with any Judicial Council form.)
The instant matter involves a 2020 Ford F-150 manufactured by Defendant.
Plaintiffs causes of action are numbered as follows:
1. VIOLATION OF SONG-BEVERLY ACT- BREACH OF EXPRESS WARRANTY
2. VIOLATION OF SONG-BEVERLY ACT- BREACH OF IMPLIED WARRANTY
3. VIOLATION OF SONG-BEVERLY ACT- SECTION 1793.2
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 6 of 7
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use
Judicial Council of California ATTACHMENT www.courtinfo.ca.gov
MC-025 [Rev. July 1, 2009] to Judicial Council Form
MC-025
CASE NUMBER:
SHORT TITLE:
Kelly, Earl Patrick v. Ford Motor Company 21CV01247
4b
ATTACHMENT (Number): -------
(This Attachment may be used with any Judicial Council form.)
Plaintiff purchased a 2020 Ford F-150 ("subject vehicle") from and manufactured by Defendant. Defendant
provided Plaintiff with express warranties accompanied the sale of the vehicle to Plaintiff by which
Defendants undertook to preserve or maintain the utility or performance of Plaintiffs vehicle or to provide
compensation if there was a failure in such utility or performance.
The vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed
other serious defects and nonconformities to warranty. Plaintiff delivered the vehicle to Defendants authorized
repair facilities multiple times. Defendant failed to repair the vehicle after a reasonable number of
opportunities.
Defendant violated the Song-Beverly Consumer Warranty Act by not replacing the vehicle or repurchasing the
vehicle after being given a reasonable number of opportunities to repair the vehicle.
Plaintiff seeks rescission of the purchase contract, restitution of all monies expended for the vehicle, incidental
and consequential damages, civil penalties in the amount of two times Plaintiffs actual damages, diminution in
value, prejudgment interest, reasonable attorneys' fees and costs of suit, general, special, and actual damages
according to proof at trial. Plaintiffs restitution damages are in excess of $50,000.00 and attorney's fees and
costs are currently in excess of $20,000.00.
Defendant has answered the Complaint and the matter is at issue. Plaintiff requests that the Court set trial.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 7 of 7
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use
Judicial Council of California ATTACHMENT www.courtinfo.ca.gov
MC-025 [Rev. July 1, 2009] to Judicial Council Form
PROOF OF SERVICE
1
2 I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 10900 Wilshire Blvd., Suite 300, Los
3 Angeles, CA 90024.
4 On November 8, 2023, I served the following document(s) described as:
5
CASE MANANGEMENT STATEMENT
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That document was served on parties herein in this proceeding by placing true copies of the original
7 in enclosed, sealed envelope(s) addressed as follows:
8
SEE ATTACHED SERVICE LIST
9
[](BY MAIL) I am “readily familiar” with the practices of QUILL & ARROW, LLP, in
10 collecting and processing correspondence and documents for mailing. Under that practice,
documents for mailing would be deposited with the US Postal Service on that same day this
11 affidavit is signed with postage fully prepaid at Los Angeles, California in the ordinary course of
business. I am aware that on motion of the party served, service is presumed invalid if the postal
12 cancellation date is more than 1-day after the day of deposit for mailing the affidavit. [CCP §
1013]
13
14 [] (BY OVERNIGHT MAIL) I am “readily familiar” with the practices of the QUILL &
ARROW, LLP, for collection and processing of documents for mailing via overnight delivery. I
15 caused such document(s) to be placed in a sealed envelope designated by the overnight service
carrier, addressed to the person(s) on whom it is to be served pursuant to the attached service list,
16 and deposited said envelope in a box or other facility regularly maintained by the overnight
service carrier with delivery fees paid or provided for. [CCP § 1013(c)]
17
[X] (BY ELECTRONIC MAIL) I caused the document(s) to be transmitted by electronic mail
18 to the e-mail addresses for each party indicated on the attached service list.
19 [] (BY PERSONAL DELIVERY) I caused to be delivered such envelope by hand to the
addressee at the address indicated on the attached service list.
20
21 I declare under penalty of perjury under the laws of the State of California that the foregoing is
22 true and correct.
23 Executed on November 8, 2023.
/s/Alexa Kendell
24 Alexa Kendell
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PROOF OF SERVICE
SERVICE LIST
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2 Kevin J. Tully, Esq. Counsel for Defendants
kevin@tullylaw.net
3 e-service@tullylaw.net
LAW OFFICES OF KEVIN J. TULLY
4
411 Borel Avenue, Suite 500
5 San Mateo, CA 94402
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PROOF OF SERVICE
Preview
CM-110 PLAINTIFF/PETITIONER: Earl Patrick Kelly CASE NUMBER: DEFENDANT/RESPONDENT: FORD MOTOR COMPANY 21CV01247 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D 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): 15. Other motions D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. [K] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery March 2022 Plaintiff Depositions of Dealership Technicians and PMQ March 2022 Plaintiff Depositions of Defendant's PMK March 2022 Plaintiff Expert Depositions Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021) Page 4 of 5 CASE MANAGEMENT STATEMENT MC-025 CASE NUMBER: SHORT TITLE: Kelly, Earl Patrick v. Ford Motor Company 21CV01247 4a ATTACHMENT (Number): ------- (This Attachment may be used with any Judicial Council form.) The instant matter involves a 2020 Ford F-150 manufactured by Defendant. Plaintiffs causes of action are numbered as follows: 1. VIOLATION OF SONG-BEVERLY ACT- BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT- BREACH OF IMPLIED WARRANTY 3. VIOLATION OF SONG-BEVERLY ACT- SECTION 1793.2 (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 6 of 7 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California ATTACHMENT www.courtinfo.ca.gov MC-025 [Rev. July 1, 2009] to Judicial Council Form MC-025 CASE NUMBER: SHORT TITLE: Kelly, Earl Patrick v. Ford Motor Company 21CV01247 4b ATTACHMENT (Number): ------- (This Attachment may be used with any Judicial Council form.) Plaintiff purchased a 2020 Ford F-150 ("subject vehicle") from and manufactured by Defendant. Defendant provided Plaintiff with express warranties accompanied the sale of the vehicle to Plaintiff by which Defendants undertook to preserve or maintain the utility or performance of Plaintiffs vehicle or to provide compensation if there was a failure in such utility or performance. The vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty. Plaintiff delivered the vehicle to Defendants authorized repair facilities multiple times. Defendant failed to repair the vehicle after a reasonable number of opportunities. Defendant violated the Song-Beverly Consumer Warranty Act by not replacing the vehicle or repurchasing the vehicle after being given a reasonable number of opportunities to repair the vehicle. Plaintiff seeks rescission of the purchase contract, restitution of all monies expended for the vehicle, incidental and consequential damages, civil penalties in the amount of two times Plaintiffs actual damages, diminution in value, prejudgment interest, reasonable attorneys' fees and costs of suit, general, special, and actual damages according to proof at trial. Plaintiffs restitution damages are in excess of $50,000.00 and attorney's fees and costs are currently in excess of $20,000.00. Defendant has answered the Complaint and the matter is at issue. Plaintiff requests that the Court set trial. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 7 of 7 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California ATTACHMENT www.courtinfo.ca.gov MC-025 [Rev. July 1, 2009] to Judicial Council Form PROOF OF SERVICE 1 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 10900 Wilshire Blvd., Suite 300, Los 3 Angeles, CA 90024. 4 On November 8, 2023, I served the following document(s) described as: 5 CASE MANANGEMENT STATEMENT 6 That document was served on parties herein in this proceeding by placing true copies of the original 7 in enclosed, sealed envelope(s) addressed as follows: 8 SEE ATTACHED SERVICE LIST 9 [](BY MAIL) I am “readily familiar” with the practices of QUILL & ARROW, LLP, in 10 collecting and processing correspondence and documents for mailing. Under that practice, documents for mailing would be deposited with the US Postal Service on that same day this 11 affidavit is signed with postage fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal 12 cancellation date is more than 1-day after the day of deposit for mailing the affidavit. [CCP § 1013] 13 14 [] (BY OVERNIGHT MAIL) I am “readily familiar” with the practices of the QUILL & ARROW, LLP, for collection and processing of documents for mailing via overnight delivery. I 15 caused such document(s) to be placed in a sealed envelope designated by the overnight service carrier, addressed to the person(s) on whom it is to be served pursuant to the attached service list, 16 and deposited said envelope in a box or other facility regularly maintained by the overnight service carrier with delivery fees paid or provided for. [CCP § 1013(c)] 17 [X] (BY ELECTRONIC MAIL) I caused the document(s) to be transmitted by electronic mail 18 to the e-mail addresses for each party indicated on the attached service list. 19 [] (BY PERSONAL DELIVERY) I caused to be delivered such envelope by hand to the addressee at the address indicated on the attached service list. 20 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is 22 true and correct. 23 Executed on November 8, 2023. /s/Alexa Kendell 24 Alexa Kendell 25 26 27 28 PROOF OF SERVICE SERVICE LIST 1 2 Kevin J. Tully, Esq. Counsel for Defendants kevin@tullylaw.net 3 e-service@tullylaw.net LAW OFFICES OF KEVIN J. TULLY 4 411 Borel Avenue, Suite 500 5 San Mateo, CA 94402 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE