Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
MARIO A. JUAREZ, ESQ. 205350
JUAREZ, ADAM & FARLEY, LLP
625 E. Chapel Street
Santa Maria, CA 93454
tevepHonewo. (805) 922-4553 FAX NO (Optonay: (B05) 928-7262
E-mail Apress: Mjuarez@smvlaw.com
ATTORNEY FOR (Name): Plaintiff Arthur Bauer
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Barbara
STREET ADDRESS 312-C East Cook Street
MAILING ADDRESS:
CITY AND ZIP CODE, Santa Maria, CA 93454
BRANCH NAME. Cook Division
PLAINTIFF/PETITIONER: Arthur Bauer
DEFENDANT/RESPONDENT: Townhomes East - Two Owner's Association, Inc.
and Does 1-20, inclusive
CASE MANAGEMENT STATEMENT CASE NUMBER,
(Check one): (] UNLIMITED CASE (2 uimitep case 22CV00638
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 5, 2023 Time: 8:30 a.m. Dept.: SM1 Div.: Room:
Address of court (if different from the address above):
CC] Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a [EJ This statement is submitted by party (name): Plaintiff Arthur Bauer
b. (J This statement is submitted jointly by parties (names):
Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date): February 15, 2022
b. CJ 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) (CD have been served but have not appeared and have not been dismissed (specify names):
(3) (CD have had a default entered against them (specify names):
c. CJ 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 GQ complaint C) cross-complaint (Describe, including causes of action):
Violations of Civil Code section 4000 et seq. (Davis-Sterling Common Interest Development Act);
Violations of Covenants, Conditions & Restrictions and Bylaws; and Declaratory Relief.
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Form Adopted for Mandatory Use
age 1 of
CASE MANAGEMENT STATEMENT Cal. Rulgs of Court,
Judicial Council of California
M-110 [Rev. September 1, 2024] ICES |Essential rules 3720-3 730
wuww.courts.ca gov
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Bauer, Arthur
CM-110
PLAINTIFF/PETITIONER: Arthur Bauer T GASE NUMBER
22CV00638
DEFENDANT/RESPONDENT: Townhomes East - Two Owner's Association, Inc.
and Does 1-20, inclusive
4. b. Provide a brief statement of the case, including any damages. (/f 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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff owns a condominium that is a member of Defendant Assocation. From February, 2021 to the
present, the Defendant has violated CA Civ. Code sections 4930, 4935, 4055, 4065, 4070, 4910, 4920, 4925, 4935, 4950. ,
5000, 5100, 5501, 5095 and 5910. Plaintiff has requested Defendant cease the violations on numerous occasions;
Defendant has refused and continues to violate the Davis-Sterling Act.
[) (/f more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request GQ) a jury trial CY a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. () The trial has been set for (date):
b. [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):
6. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
December 11 and 13, 2023; January 4, February 26-27, June 3-5, and December 9-11, 2024
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a [KX] days (specify number): 3
b. CD hours (short causes) (specify):
Trial representation (fo be answered for each party)
The party or parties will be represented at trial () by the attorney or party listed in the caption (2) by the following:
a. Attorney:
b. Firm:
c. Address:
d Telephone number: f. Fax number:
e. E-mail address: g Party represented:
a Additional representation is described in Attachment 8.
Preference
C1 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 package provided by the court under rule 3.221 of the California Rules of Court for information about the
processes available through the court and community programs in this case.
(1) For parties represented by counsel: Counsel Eq has (Cy has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party [oJ has (J has not reviewed the ADR information package identified in rule 3.221
Referral to judicial arbitration or civil action mediation (if available).
(1) (2) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) (CC) 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.
(3) (-} This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
BICEB | Essential
ceb.com | J:|Forms: Bauer, Arthur
CM-110
PLAINTIFF/PETITIONER: Arthur Bauer CASE NUMBER:
22CV00638
DEFENDANT/RESPONDENT: Townhomes East - Two Owner's Association, Inc.
and Does 1-20, inclusive |
10. ©. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties’ ADR
processes (check all that apply): stipulation):
C2 Mediation session not yet scheduled
(1) Mediation
(CC) Mediation session scheduled for (date):
C1 Agreed to complete mediation by (date):
[Q] Mediation completed on (date): private session 8/23/2021
os
[] Settlement conference not yet scheduled
(2) Settlement (J Settiement conference scheduled for (date):
conference
(2) Agreed to complete settlement conference by (date):
(J Settlement conference completed on (date)
() Neutral evaluation not yet scheduled
(CD Neutral evaluation scheduled for (date):
(3) Neutral evaluation
(1 Agreed to complete neutral evaluation by (date):
(CC) Neutral evaluation completed on (date):
(C) Judicial arbitration not yet scheduled
(4) Nonbinding judicial (2) Judicial arbitration scheduled for (date):
arbitration
() Agreed to complete judicial arbitration by (date):
() Judicial arbitration completed on (date):
—
(C) Private arbitration not yet scheduled
(5) Binding private (2 Private arbitration scheduled for (date):
arbitration
[) Agreed to complete private arbitration by (date):
(2) Private arbitration completed on (date):
(J ADR session not yet scheduled
(6) Other (specify): COV ADR session scheduled for (date):
() Agreed to complete ADR session by (date).
(CV ADR completed on (date):
CM-110 [Rev Soptember 1, 2021] CASE MANAGEMENT STATEMENT Page
3 of 5
@iCEB
ceb.com ise Bauer, Arthur
CM-110
PLAINTIFF/PETITIONER:
Arthur Bauer | CASE NUMBER:
22CV00638
DEFENDANT/RESPONDENT: Townhomes East - Two Owner's Association, Inc.
and Does 1-20, inclusive
11. Insurance
a (2 Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: CQ Yes CQ No
c. CD 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.
(CD Bankruptcy () Other (specify):
Status:
13, Related cases, consolidation, and coordination
a (J There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
() Additional cases are described in Attachment 13a
b. () A motion to (J consolidate C2) coordinate will be filed by (name party):
14. Bifurcation
() 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
(CC) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a (CQ The party or parties have completed all discovery.
b. LG] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptio Date
Plaintiff written discovery Per Code
Plaintiff Depositions Per Code
©. (] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 (Rev, September 1, 2027] ~ CASE MANAGEMENT STATEMENT Page
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GECEB
| Esse
ceb.com a Bauer, Arthur
CM-110
PLAINTIFF/PETITIONER: Arthur Bauer CASE NUMBER:
22CV00638
DEFENDANT/RESPONDENT: Townhomes East - Two Owner's Association, Inc.
and Does 1-20, inclusive
17. Economic litigation
a C) This is a limited civil case (ie. , the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. (CJ 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):
18. Other issues
(CQ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a (] 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. (1 After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any): Qh.
|am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
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: November |(, 2023
Mario A. Juarez, Fsq os —_
(TYPE OR PRINT NAME) (SIGNATURE OF P/ 'Y OR ATTORN}
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
CC) Additional signatures are attached.
€M-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5
GECEB [Essential
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Bauer, Arthur
PROOF OF SERVICE
|_am employed in the County of Santa Barbara, State of California, am over the
age of 18 years, am not a party to this action, and my business address is 625 East
Chapel Street, Santa Maria, California 93454.
On November 17, 2023 | served the foregoing document entitled CASE
MANAGEMENT STATEMENT, on the interested parties in this action as follows:
Gerald B. Velasco, Esq. Attorney for Defendant Townhomes East
Stratman & Williams-Abrego — Two Owner's Association
PO Box 258829
Oklahoma City, OK 73125-8829
Tel: (805) 67-4312
Email: la.leqal@farmersinsurance.com
10 (Via Mail) | placed the original, or a true and correct copy thereof, in a separate
sealed envelope for each addressee as listed on the attached service list and/or
11 above, with sufficient postage paid, in the United States mail in this County on
this date, following my employer's business practice for collection and
OSe 12 processing of correspondence for mailing with the United States Postal Service.
13 (Via Overnight) This document was sent via overnight courier to each address
list on the attached mailing list and/or above.
14
(Via Facsimile) | transmitted the above-named document(s) by telephone
15 facsimile to the facsimile numbers listed on the attached service list and/or
above. Such transmission was reported as complete and without error on this
16 date.
17 (Via email) | transmitted the above-named document, as agreed upon by
counsel, by email to the email addresses listed on the attached service list
18 and/or above. Such transmission was reported as complete and without error
on this date.
19
(Via Personal Service) | delivered such envelope by hand to the offices of the
20 addressee(s).
21
22 | declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on this 17 day of November, 2023 at Santa
23 Maria, California.
24
25 Annie A. Cunningham
26
27
28
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PROOF OF SERVICE —- CASE MANAGEMENT STATEMENT