Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY 140607
STATE BAR NUMBER: FOR COURT USE ONLY
NAME: Jeffrey N. Stewart
FIRM NAME: Law Offices of Karen M. Johnson
STREET ADDRESS: 17771 Cowan, Suite 260
CITY: Irvine STATE: CA ZIP CODE: 92614
TELEPHONE NO.: (949) 590-4065 FAX NO.: (949) 774-4241
EMAIL ADDRESS: Jeffrey.Stewart@amtrustgroup.com
ATTORNEY FOR (name): Cross-Defendant, Xavier Sanchez Construction
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
STREET ADDRESS: 701 Ocean Street
MAILING ADDRESS: 701 Ocean Street
CITY AND ZIP CODE: Santa Cruz, CA 95060
BRANCH NAME:
PLAINTIFF/PETITIONER: CANDACE DEKKERT
DEFENDANT/RESPONDENT: LATALA HOMES, INC., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE 20CV02691
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 30, 2024 Time: 8:30 a.m. Dept.: 10 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Jeffrey N. Stewart
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Xavier Sanchez Construction
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. The cross-complaint, if any, was filed on (date):
3. 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) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
This is a construction defect case pertaining to the residence located at 170 Belvedere Terrace in Santa Cruz. Plaintiff has also
asserted a claim for Failure to Disclose.
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. January 1, 2024] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: CANDACE DEKKERT CASE NUMBER:
DEFENDANT/RESPONDENT: LATALA HOMES, INC., et al. 20CV02691
4. b. Provide a brief statement of the case, including any damages (if 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
earnings to date, and estimated future lost earnings; if equitable relief is sought, describe the nature of the relief):
Plaintiff claims that the seller did not disclose prior flooding of the property and drainage defects. Plaintiff also claims a wide
variety of construction defects.
(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 triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. 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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
TRIALS: 4/4/2024; 4/12/24; 4/15/24; 4/29/24; 5/20/2024; 6/3/2024; 6/17/2024; 6/24/2024; 9/30/24; 2/24/2025; 4/4/2025
7. Estimated length of trial
The party or parties estimate that the trial will take (check one)
a. days (specify number): 5 - 10
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. Email address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
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 has 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 has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) 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):
The amount in controversy exceeds $50,000.00.
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CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CANDACE DEKKERT CASE NUMBER:
DEFENDANT/RESPONDENT: LATALA HOMES, INC., et al. 20CV02691
10. c. In the table below, 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):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date): December 14, 2023
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
Page 3 of 5
CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CANDACE DEKKERT CASE NUMBER:
DEFENDANT/RESPONDENT: LATALA HOMES, INC., et al. 20CV02691
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name): AmTrust International Underwriters Limited
b. Reservation of rights: Yes No
c. 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.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. 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 consolidate coordinate wiII 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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motions in Limine
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Xavier Sanchez Construction Written Discovery Per Code
Xavier Sanchez Construction Depositions Per Code
Xavier Sanchez Construction Site Inspections Per Code
Xavier Sanchez Construction Expert Depositions Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page 4 of 5
CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CANDACE DEKKERT CASE NUMBER:
DEFENDANT/RESPONDENT: LATALA HOMES, INC., et al. 20CV02691
17. Economic litigation
a. This is a limited civil case (i.e., the amount demanded is $35,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. 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
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. 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):
I 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: January 16, 2024
Jeffrey N. Stewart
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT Page 5 of 5
1 PROOF OF SERVICE
2 I, the undersigned, declare as follows:
3 I am employed in the County of Orange, State of California. I am over the age of 18
4 years, and not a party to the within action. I am an employee of or agent for LAW OFFICES
OF KAREN M. JOHNSON, whose business address is 17771 Cowan, Ste. 260, Irvine, CA
5 92614.
6 On 1/16/2024, I served the foregoing document(s): XAVIER SANCHEZ
CONSTRUCTION’S CASE MANAGEMENT STATEMENT to the following party(ies) in
7
this action addressed as follows:
8
PLEASE SEE ATTACHED SERVICE LIST
9
(BY MAIL) I caused a true copy of each document, placed in a sealed envelope with
LAW OFFICES OF KAREN M. JOHNSON
10 postage fully paid, to be placed in the United States mail at Irvine, California. I am
“readily familiar” with this firm’s business practice for collection and processing of
11
mail, that in the ordinary course of business said document(s) would be deposited with
the U.S. Postal Service on that same day. I understand that the service shall be presumed
TEL 949.590.4065 • FAX 949.774.4241
12
invalid if the postal cancellation date or postage meter date on the envelope is more than
IRVINE, CALIFORNIA 92614
17771 COWAN, STE. 260
13 one day after the date of deposit for mailing contained in this affidavit.
14 (BY OVERNIGHT DELIVERY) I caused a true copy of each document, placed in a sealed
envelope with delivery fees provided for, to be deposited in a box regularly maintained
15
by Federal Express(Fedex). I am readily familiar with this firm’s practice for
16 collection and processing of documents for overnight delivery and know that in the
ordinary course of business practice the document(s) described above will be deposited
17 in a box or other facility regularly maintained by Fedex or delivered to a courier or driver
authorized by Fedex to receive documents on the same date it is placed for collection.
18
19 (BY FACSIMILE) By use of facsimile machine number (949) 774-4241, I served a copy
of the within document(s) on the above interested parties at the facsimile numbers listed
20 above. The transmission was reported as complete and without error. The transmission
report was properly issued by the transmitting facsimile machine.
21
(ONLY BY ELECTRONIC TRANSMISSION) Only by e-mailing the documents(s) to the
22 persons at the email address(es) listed, pursuant to California Code of Civil Procedure
section 1010.6(e)(1), effective January 1, 2021.
23
24 Executed on 1/16/2024, at Irvine, California. I declare under penalty of perjury under
the laws of the State of California that the above is true and correct.
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/s/ Stephanie Martinez
27 STEPHANIE MARTINEZ
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PROOF OF SERVICE
CANDACE DEKKERT v. PAUL LATALA, et al.
1 Santa Cruz Superior Court Case No: 20CV02691
2 SERVICE LIST
3 Candace Dekkert T: 831-457-0129
P.O. Box 2243
4 Santa Cruz, CA 95063 IN PROPRIA PERSONA
5 208 Forest Avenue
Santa Cruz, CA 95062-2215
6
Von Ryan Reyes, Esq. T: 669-317-4282
7 Jonathan C. Pai, Esq. E: vreyes@fgppr.com;
FORAN GLENNON jpai@fgppr.com;
8 1741 Technology Drive, Ste. 250
San Jose, CA 95110 Attorneys for Defendant/Cross-
9 Complainants, PAUL LATALA and
LATALA HOMES, INC.
LAW OFFICES OF KAREN M. JOHNSON
10
Nora A. Boardman, Esq. T: 714-571-0407 / D : 714-371-2740
11 LAW OFFICES OF JILL A. WOOD E: nora.boardman@thehartford.com;
One Point Drive, 6th Floor Crystal.Coleman@thehartford.com;
TEL 949.590.4065 • FAX 949.774.4241
12 Brea, CA 92821 CaliforniaLawOffice@thehartford.com;
IRVINE, CALIFORNIA 92614
17771 COWAN, STE. 260
13
Attorneys for Defendant/Cross-
14 Complainants, PAUL LATALA and
LATALA HOMES, INC.
15
Eric T. Hartnett, Esq. T: 408-290-8228
16 LAW OFFICE OF ERIC T. HARTNETT E: ehartnett@erichartnettlaw.com;
563 S. Murphy Avenue
17 Sunnyvale, CA 94086 Attorney for Defendants, TUAN ANH
PHAN and DOMINIKA PIETRYGA
18
19 dulcitacruz@sbcglobal.net; vreyes@fgppr.com; jpai@fgppr.com;
nora.boardman@thehartford.com; Crystal.Coleman@thehartford.com;
20 CaliforniaLawOffice@thehartford.com; ehartnett@erichartnettlaw.com;
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PROOF OF SERVICE