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  • ROSEMARIE BENTER VS. LAURA FERRIS BICHE ET AL QUIET TITLE - REAL PROPERTY document preview
  • ROSEMARIE BENTER VS. LAURA FERRIS BICHE ET AL QUIET TITLE - REAL PROPERTY document preview
  • ROSEMARIE BENTER VS. LAURA FERRIS BICHE ET AL QUIET TITLE - REAL PROPERTY document preview
  • ROSEMARIE BENTER VS. LAURA FERRIS BICHE ET AL QUIET TITLE - REAL PROPERTY document preview
  • ROSEMARIE BENTER VS. LAURA FERRIS BICHE ET AL QUIET TITLE - REAL PROPERTY document preview
  • ROSEMARIE BENTER VS. LAURA FERRIS BICHE ET AL QUIET TITLE - REAL PROPERTY document preview
  • ROSEMARIE BENTER VS. LAURA FERRIS BICHE ET AL QUIET TITLE - REAL PROPERTY document preview
  • ROSEMARIE BENTER VS. LAURA FERRIS BICHE ET AL QUIET TITLE - REAL PROPERTY document preview
						
                                

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cM-l10 AfiORNEY OR PARTY WITHOUT ATToRNEY fName State Bar numbq, and address): FOR COURI USE ONLY Larry M. Arnold (060459) Eric M. Khodadian (288146) Jiaying Li (348582) Cummins & White, LLP 2424 S.E. Bristol Street, Suite 300 Newport Beach, CA 92660 ELECTRONICALLY TELEPHoNENo.:(949) 852-1800 FnxNo.(oprhrsr)j(949) 852-8510 FILED E-MA1L ADDREss; larnold@cwlawyers.com; ekhodadian@cwlawyers'colTl ;jli@cwlr lvyers.com Superior Court of California, County of San Francisco ATToRNEYFoR(Namet,DefendantsMichaelBrunoandcal:@ SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 12/06/2023 srREEr ADDRESS, 400 McAllister Street Clerk of the Court MAILINGADDRESS. SAME BY: RONNIE OTERO Deputy Clerk crrY AND zlP coDE, San FranciscO, CA 94102 BMNCH NAME: CiViC Centef PLAINTIFF/PETITIoNER: Rosemarie Benter, etc. DEFENDANT/RESPONDENT: LaUra FerriS BiChe, et al CASE MANAGEMENT STATEMENT CASE NUMBER: cGc-23-606023 one): X uNLtMtrED cAsE (Amount demanded ! LrMrrED cAsE (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENGE is scheduled as follows: Date: January 3,2024 Time: 10:30 a.m. Dept': 610 Div Room: Address of court (if different from the address above): Same as above X Notice of Intent to Appear by Telephone,by (name): Jiaying Li All appllcable must be checked, and the lnformation must be p 1. Party or parties (answer one): a. X This statement is submifted by party (name): Defendants Michael Bruno and Cal-West Home Loans, lnc. b. n This statement is submitted Jolntly by parties (names): 2. Compfaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaintwas filed on (date): April 24, 2023 b. X The cross-complaint, if any, was filed on (date): July il,2A23 3. Servlce (to be answered by plaintiffs and cross+omplainants only) a. I Al parties named in the complaint and cross.complaint have been served, have appeared, or have been dismissed b. I The following parties named in the complaint or cross-complaint (1) n have not been served (specify names and explainwhy not): (2) tr have been served but have not appeared and have not been dismissed (specify names): (3) tr have had a default entered against them (specfy names): c. ! fne following additional parties may be added (spectfy names, nature of involvement in case, and date by which they may be served): 4. Descrlption of case a, Type of case in X complaint I cross-complaint (Describa, including causes of action): Please see attachment to No, 4(a). Paoe t of 5 Folm Adopt€d for Msndalory U3c Csl Rules of Courl, Judiclal Councll of CElifornis CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-1 10 [Rev. September 1, 2021] ww couds ca qov cM-l10 PLAINTIFF/PETITIONER: ROSEMATiE BENIET, EtC, CASE NUMBER: DEFENDANT/RESPONDENT: LAUTA FETT|S BiChE, Et AI. cGc-23-606023 4. b. statement of the case, including any damages. lnjury damages are soughf, spectfy the injury and damages clalmed, lncludlng medicalexpensos to date [indicate source and amount], estimated future madical expenseq ,ost earniigs to date, and estimaled future lost earnlngs. lf equitable relief is sought, describe the nature of the relief.) Please see attachment to No. 4(b), I 6 nore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request X a jury trial n a nonjury trial. (lf more than one pafty, provide the name of each pafty requesting a jury trlal): 6. Trial date a. X The trlal has been set for (dafe): b. n ruo trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (lf not, explain): c. Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons for unavailability): Please see attachment to No. 6(c). 7. Estimated length of trlal The party or parties estimate that the hialwill lake (check one): a. X days (specify number):5 to 7 days. b. tr hours (short causes) (specify): 8. Trial representatlon (to be answered for each pafty) The party or parties will be represented at trial [l ny me attorney or party listed in the caption ! Oy tne following: a. Attomey: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: tr Additional representation is described in Attachment 8. 9. Preference tr This case is entitled to preference (specify code section): 10. Alternatlve dispute resolution (ADR) a. ADR informatlon 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 thls case. (1) For parties represented by counsel: Counsel ffi tras nasI 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 n nas n has not reviewed the ADR information package identified in rule 3.221. b. Referral to fudlcial arbitration or civil actlon medlatlon (if available). (1 ) [ This matter is subject to mandatory Judicial arbitration under Code of Civil Procedure section 1141.1'l or to civil action mediation under Code of Civil Procedure soction 1775,3 because the amount in controversy does not exceed the statutory llmlt. (2) fJ Plaintiff elects to refer this case to judicial arbitration and agrees to limit rscovery to the amount specified in Code of Civil Procedure s€ctlon 1141.1'l'. (3) n This case is exempt from Judicial arbitration under rule 3,81 1 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 el seq. (specify exemption): cM-110 [R€v. Seplembet 1,20211 CASE MANAGEMENT STATEMENT Pago 2 ot 5 10 PLAINTIFF/PETITIONER: ROSEMAT|E BENIET, EtC. CASE NUMBER: DEFENDANT/RESPONDENT: LAUTA FETT|S BiChE, Ct AI cGc-23-606023 10. c, lndicate 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 lf the party or parties completing this form in the case have agreed to this form are wllllng to participate in or have already completed an ADR process or processesr participate ln the following ADR indicate the status of the processes (attach a copy of the pafties'ADR processes (check all that aPPly): stipulation): tr Mediatlon session not yet scheduled (1) Mediation tr Mediation session scheduled lor (date): tr Agreed to complete mediation by (date): n Mediation completed on (date): X Settlement conference not yet scheduled (2) Settlement tr Settlement conference scheduled for (dafe); conference ! Agreed to complete settlement conference by (dafe); I Settlement conference completed on (dafa); X Neutral evaluation not yet scheduled (3) Neutral evaluation n Neutral evaluation scheduled tor (dat$: n Agreed to complete neutralevaluation by (dafe); n Neutral evaluation completed on (date): n Judicial arbitration not yet scheduled (4) Nonbinding judicial n t] Judicial arbitration scheduled tor (date): arbitration n Agreed to complete Judicial arbitrationby (date): n Judicial arbitration completed on (date): n Private arbilration not yet scheduled (5) Blnding private D Private arbitration scheduled lor (date): arbitration tr n Agreed to complete private arbitration by (datQ: n Private arbitration completed on (dale): X ADR session not yet scheduled (6) Other (spec/fy): n ADR session scheduled lor (date): tr Agreed to complete ADR session by (date): n ADRcompleted on (date): CM-1'10 lRev. September 1, 20211 CASE MANAGEMENT STATEMENT Prgo 3 of 5 cM.l10 PLAINTIFF/PETITIONER: Rosemarie Benter, etc. CASE NUMBER: DEFENDANT/RESPONDENT: LAUTA FETT|S BiChE, Et AI. cGc-23-606023 11. lneurance a. X lnsurance carrier, if any, for party filing this statement (name): Benchmark lnsurance Company b. Reservation of rights: X Yes ! ruo c, tr Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction lndicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. n Bankruptcy fl otner gpecffy): Status: 13. Related cases, consolidatlon, and coordinatlon a. tr There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: n Additional cas6s are described in Attachment 13a. b. tr Amotionto ! consolidate tr coordinate will be filed by (name pafty); '14. Bifurcation n The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specrfz moving pafty, type of motion, and reasons): 15. Other motions X The party or parties expect to file the following motions before trial (spec$ moving pafty, type of motion, and lssues); Defendants Bruno and Cal-West Home Loans, lnc, anticpate filing a Motion for Summary Judgment and/or Summary Adjudication. 16. Dlscovery a. I fne party or parties have completed all discovery. b. X fne following discovery will be completed by the date specilied (describe all anticipated discovery): Partv Dg.scription Date Michael Bruno; Cal West Written Discovery February 2024 Michael Bruno; CalWest Depositions March2024 Michael Bruno; CalWest Expert Depositions Per Code c. fl fne following discovery issues, including issues regarding the discovery of electronlcally stored information, are anticipated (specify): CM-1 10 [R6v. Soptembsr 1, 20211 CASE MANAGEMENT STATEMENT Pag! 4 ot 5 M-110 PLAINTIFF/PETITIoNER: Rosem arie Benter, etc, CASE NUMBER: DEFENDANT/RESPONDENT: LAUTA FETT|S BiChE, Et AI. cGc-23-606023 17. Economic litignUon a. E This is a llmlted clvll case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90€8 will apply to this case. b. fl This is a limitgd civil case and a motion to withdraw the case from the economic litigation procedures or for addltional discovery wlll be liled (if checked, exptain specifically why economic litigation proeedures relating to discovery or trial should not apply to thls caseJ; 18. Other issues E fne 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 confened with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. ! After meeting and confering as required by rule 3.724 of the California Rules of Court, the parties agrse on the following (speaify): 20. Total number of pages altachod (lf any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and altematlve dlspute resolution, as well a6 othe-r issues raised by this statement, and will possess the authority to enter lnto stipulations on these lssues at the time of the case management conference, including the written authority of the party where required, l*'7 Date: December Jiayins Li 6,2023 -:+ f t -* - -+ 4.Ft (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY} (TYPE OR PRINT MME) (SIGNATURE OF PARTY OR ATTORNEY) n Rdditionat signatures are attached. CM-1 10 [Rev. September'1, 20211 CASE MANAGEMENT STATEMENT Pago 5 of 5 MC-025 I sxonrrrle' CASE NUMBER: ccc-23-606023 -Benterv. Biche | ATTACHMENT (Number): (Thls Altechment may be used with any Judlclal Council form') Altachment to Case Management Statement No. 4 (a) - Description of Case: plalnttffs Complaint: Fraudulent Misrepresentation, Negligent Mlsrepr€sentation, Breach of Fiduciary Duty agalnst Defendant Ladra Ferris Biche; Wrongful Foreclosure against Defendants Michael Bruno and Cal'West; Qulet Title against Defendant Eugene Gardner; and Eld-er Financial Abuse and Declaratory Relief againsl alldefendants. Cross-Complaint of Michael Bruno and Cal-West Home Loans, lnc.: lmplied Contractual lndemnlty; Enuitable lndemnity; and Negligent Mlsrepresentaflon agalnst Defendant/Cross-Defendant Laura Ferris Biche and Cross-Defendanl Bayview Residential Brokerage. No.4(b) - Brief Statement: plalntiff claims that she was a vlctlm of a conspiracy to defraud her out of her home by Defendant Biche' Defendants Bruno and Cal-West Home Loans, lnc. took pirt inho consplracyand made no misrepresentations regardlng the term and condilions of its small loan to Plaintffi, which was brokered 6n Plaintiffs behalf by Biche of Bayview Residential Brokerage. No. 6(c) - Dates on which Parties are Not Available for Trial: 12tj}-29t2i;'t2t21-29t23;111-5124;1t16-19t24;1131-2t2124;2113-23124;2t14t24-2123124t 2128124;314-8124;3111'12124; 3117-20t24;'4tl17tZ4; gil-,nnqiSt13-20124;612o-22124;815-30124;st26-30124; sl28-914124;9!9-13124;919-9116124; git,n-zotzqitot4-i1pa; fit21-25t24; lolgo-11t'tst24;11125-29124;1212'6124; 12116-27124;12130-1l3t2s- Prg. .- (tf lhe ilen that lhis Aftachment concorns is made under pemlly of perJury, all sletemonts in this Atlachment are made under penalty of perJury,) (Add pages as requhed) --- -------6iii wt t a. i Fom Apprcvrd lor Opllmd Use Judiolal Councll ot Clllfomb nfrlCttnrtetlr n c a. s o' MC{25 [R€v. July 1, 2000t to Judlclal councll Form I PROOF OF SERVICE (Declaration) 2 (c.C.P, $$1013(a) and 2015.5) 3 STATE OF CALIFORNIA ss. 4 COI.]NTY OF ORANGE 5 I, the undersigned, declate: 6 I arrrerlnloved in the Courrtv of Orange. State of Califomia, I am over the age of 18 an6 noia patlt i"ifi *itttin a.tiotr,'My busirr6ss address is2424 S.E. Bristol Street, Suite 300, 7 Newport Beaclt, CA 92660-07 64, 8 On Decernber 6,2023,I served the f