On February 13, 2019 a
Motion-Secondary
was filed
involving a dispute between
Burr, Tiffany,
Ryan Burr,
Tiffany Burr,
and
Antonio Jose Mendoza,
Gurney Trucking Inc,
Gurney Trucking, Inc.,
Mendoza, Antonio Jose,
for Auto Tort: Unlimited
in the District Court of Stanislaus County.
Preview
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ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME, ADDRESS, PHONE, BAR NUMBER) FOR C0 URT USE ONLY
COURT GENERATED
Attorney for:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISL.
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Street Address: City Towers Bldg., 801 10th St,
4m Floor, Modesto, C A .'
Civil Clerk’s Office: 801 10‘” Street, 4‘“ Floor, Modesto, CA 95354
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Plainfimpetitionlr‘: ”(1%“? gm“ OVV‘OK Wax“ g U r r
Dcfendant/Respondent:
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NOTICE 0F CASE MANAGEMENT CONFERENCE CASE NUMBER
Cv~M-—00\\ZG\
1. NOTICE is given that a Case Management Conference has been scheduled as follows:
Date: ?’ I g ) 20] q Time: q @PM
This case is assigned to Judge grad Okhak .
,
Dept 2’3 ,
for all purposes,
including trial. ‘
*Departments 21 & 22 axe located at 801 10““ Street, 6““ Floor, CA 95354 Modesto,
& 24 are located at 801 10th Street, 4th Floor, Modesto, CA 95354
*Departments 23
4th
All filings shall be filed in the Clerk’s Office at the City Towers, Floor address.
You have 30 calendar days to file a written response with this court after the legal papers and the summons
were served on you. You must also serve a copy of your written response on the plaintiff. ,
2. You must file and serve a completed Case Management Conference Statement at least fifteen (15) calendar days
before the case management conference.
3. You must be familiar with the case and be fully prepared to participate efi'ectively in the case management
conference.
4. At the case management conference the Court may make pretrial orders, including the following:
a. An order establishing a discovery schedule.
b. An order referring the case to arbitration.
c. A11 order dismissing fictitious defendants.
d. An order scheduling exchange of expert witness information.
e. An order setting subseqfient conferences and the trial date.
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‘Gov. Code, § 68600 et seq.).
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f. Other orders to achieve the goals ofthe rial Court Delay t
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Date:
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by //‘ I Y T 17:.
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Mandatory Forth
"SANCTIONS" 1 1/10
CV003 'file the Case Management Statement required by local rule, or attend the case
Ifyou do not
management conference or participate effectively in the conference, the court may impose
sanctions (including dismissal ofthe case, striking ofthe answer, and payment ofmoney).
Rule 3.110 of the California Rules 0f Court.
Time for Service of Complaint, Cross—Complaint, and Response
(a) [Application] This rule applies to the service ofpleadings in civil cases except for collection cases under Rule 3 .740
(a), Unlawful detainer actions, proceedings, under the Family Code, and other proceedings for which different
service requirements are prescribed by law.
(b) [Service of complaint] The complaint must be served on all named defendants and proofs of service on those
defendants'must be filed with the court within 60 days after the filing of the complaint. When the complaint is
amended to add a defendant, the added defendant must be served and pro of of service must be filed within 30 days
afier the filing ofthe amended complaint.
(C) [Service ofcross-complaint] A cross—complaint against a party who has appeared in the action must be accompanied
by proof of service ofthe cross—complaint at the time it is filed. Ifthe cross-complaint adds new parties, the cross-
complaint must be served on all parties and proofs ofservice on the new parties must be filed within 30 days ofthe
filing of the cross—complaint.
(d) [Timing ofresponsive pleadings] The parties may stipulate without leave of court to one 15-day extension beyond
the 30—day time period prescribed for the response afier service of the initial complaint.
(6) [Modification oftiming: application for order extending time] The court, on its own motion or on the applicafion of _
a party, may extend or otherwise modify the times provided in (b) -
(d). An application for a court order extending
the time to serve a pleading must be filed before the time for service has elapsed. The application must be
accompanied by a declaration showing why service has not been completed, documenting the efforts that have been
made to complete service, and specifying the date by which service is proposed to be completed.
(i) [Failure to serve] Ifa party fails to serve and file pleadings as required under this rule, and has not obtained an order
extending time to serve its pleadings, the court may issue an Order to Show Cause why sanctions shall not be
imposed.
(g) [Request for entry ofdefault] Ifa responsive pleading is not served within the time limits specified in this rule and
no extension oftime has been granted, the plaintiffmust file a request for entry of default within 10 days afier the
time for service has elapsed. The court may issue an Order to Show Cause why sanctions should not b; imposed if
the plaintifi‘ fails to timely file the request for the entry of default.
(h) [Default judgment] When a default is entered, the party who requested the entry of default must obtain a default
judgment against the defaulting party within 45 days afier the default was entered, unless the court has granted an
extension oftime. The coun: may issue an Order to Show Cause why sanctions should not be imposed ifthat party
fails to obtain entry ofjudgnent against a defaulting party or to request an extension oftime to apply for a default
‘
judgment within that time.
(i) [Order to Show Cause] Responsive papers to an Order to Show Cause issued under this rule must be‘filedéa'n'd ~
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served at least 5 calendar days before the hearing.
CV003 11/10
Document Filed Date
February 22, 2022
Case Filing Date
February 13, 2019
Category
Auto Tort: Unlimited
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