Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 144063 FOR COURT USE ONLY
NAME: Gregory J. Kohler, Deputy District Attorney
FIRM NAME:CYNTHIA J. ZIMMER, District Attorney, County of Kern
STREET ADDRESS: 1215 Truxtun Avenue, 4th Floor
cITY: Bakersfield STATE: CA ZIP CODE: 93301
TELEPHONE NO: (661) 868-2340 FAX NO. (661) 868-2700
EMAIL ADDRESS: gjkohler@kernda.org
ATTORNEY FOR /name/: Plaintiff, the People of the State of California
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 TRUXTUN AVENUE
MAILING ADDRESS 1215 TRUXTUN AVENUE
CITY AND ZIP CODE: BAKERSFIELD 93301
BRANCH NAME: METROPOLITAN DIVISION
PLAINTIFF/PETITIONER: THE PEOPLE OF THE STATE OF CALIFORNIA
DEFENDANT/RESPONDENT: OCTAVIO GONZALEZ, an individual
AMENDED CASE MANAGEMENT SlATEMENT
w
CASE NUMBER:
(Check one): UNLIMITED CASE CJ LIMITED CASE BCV-23-102684 TMS
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 15, 2024 Time: 8:30 a.m. Dept.: T-2 Div.: Room:
Address of court (if different from the address above):
Bakersfield Traffic Courtroom, 3131 Arrow Street, Bakersfield, CA 93308
CK] Notice of Intent to Appear by Telephone, by (name): Gregory J. Kohler, Deputy District Attorney
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. CK] This statement is submitted by party (name): Plaintiff, the People of the State of California
b. D 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): August 10, 2023
b. CJ The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. w All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. CJ The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) CJ have been served but have not appeared and have not been dismissed (specify names):
(3) D 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 date by which
they may be served):
4. Description of case
a. Type of case in W complaint D cross-complaint (Describe, including causes of action):
Violation of the Drug Abatement Act (H&S Code §§11570-11587), Abatement of Public Nuisance Per Se (Civ. Code §3479 per
Govt. Code §25845(a)}, Violation of MAUCRSA (B&P Code §§26000 et seq.) and Violation of Unfair Competition Law (B&P
Code §§17200 et seq.).
Page 1 of 5
Form Adopted for Mandatory Use AMENDED CASE MANAGEMENT STATEMENT Cal. Rules of Court.
rules 3.72o-;J.730
Judicial Council of California
CM-110 [Rev. January 1, 2024] Y!tlWcourts ca gov
CM-110
PLAINTIFF/PETITIONER: THE PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBER:
DEFENDANT/RESPONDENT: OCTAVIO GONZALEZ, an individual BCV-23-102684 TMS
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):
Defendant operated an illegal cannabis and psilocybin mushroom dispensary at 1031 Mt. Vernon Avenue, in the
unincorporated area of Kern County. A request for entry of default has been filed.
CJ (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 CJ a jury trial D a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. CJ The trial has been set for (date):
b. CJ 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):
03/11 - 4/12/2024 - Jury Trial
7. Estimated length of trial
The party or parties estimate that the trial will take (check one)
a. CJ days (specify number):
b. CJ hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial CJ by the attorney or party listed in the caption CJ by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e.
Email address: g. Party represented:
CJ Additional representation is described in Attachment 8.
9. Preference
CJ 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 CK] has CJ 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 CJ has CJ has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) CJ 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) CJ 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) [KJ 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):
Complaint includes a non-frivolous and insubstantial prayer for injunctive relief.
Page 2 ol S
CM-110 [Rev. January 1. 2024] AMENDED CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: THE PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBER:
DEFENDANT/RESPONDENT: OCTAVIO GONZALEZ, an individual BCV-23-102684 TMS
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):
D Mediation session not yet scheduled
D D Mediation session scheduled for (date):
(1) Mediation
D Agreed to complete mediation by (date):
D Mediation completed on (date):
D Settlement conference not yet scheduled
(2) Settlement D Settlement conference scheduled for(date):
conference D D Agreed to complete settlement conference by(date):
D Settlement conference completed on (date):
D Neutral evaluation not yet scheduled
D Neutral evaluation scheduled for (date):
(3) Neutral evaluation D D Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
(4) Nonbinding judicial D D Judicial arbitration scheduled for (date):
arbitration D Agreed to complete judicial arbitration by (date):
D Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private D D Private arbitration scheduled for (date):
arbitration D Agreed to complete private arbitration by (date):
D Private arbitration completed on (date):
D ADR session not yet scheduled
(6) Other (specify): D D ADR session scheduled for (date):
D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-110 (Rev. January 1. 2024] AMENDED CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
PLAINTIFF/PETITIONER: THE PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBER:
DEFENDANT/RESPONDENT: OCTAVIO GONZALEZ, an individual BCV-23-102684 TMS
11. Insurance
a. CJ Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: D Yes D No
c. CJ 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
CJ 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
[KJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Application for default judgment.
16. Discovery
a. D The party or parties have completed all discovery.
b. CJ The following discovery will be completed by the date specified (describe all anticipated discovery):
E.a.cty Description Date
c. CJ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page 4 or 5
CM-110 IRev. January 1, 2024) AMENDED CASE MANAGEMENT STATEMENT
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 144063 FOR COURT USE ONLY NAME: Gregory J. Kohler, Deputy District Attorney FIRM NAME:CYNTHIA J. ZIMMER, District Attorney, County of Kern STREET ADDRESS: 1215 Truxtun Avenue, 4th Floor cITY: Bakersfield STATE: CA ZIP CODE: 93301 TELEPHONE NO: (661) 868-2340 FAX NO. (661) 868-2700 EMAIL ADDRESS: gjkohler@kernda.org ATTORNEY FOR /name/: Plaintiff, the People of the State of California SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 TRUXTUN AVENUE MAILING ADDRESS 1215 TRUXTUN AVENUE CITY AND ZIP CODE: BAKERSFIELD 93301 BRANCH NAME: METROPOLITAN DIVISION PLAINTIFF/PETITIONER: THE PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT/RESPONDENT: OCTAVIO GONZALEZ, an individual AMENDED CASE MANAGEMENT SlATEMENT w CASE NUMBER: (Check one): UNLIMITED CASE CJ LIMITED CASE BCV-23-102684 TMS (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 15, 2024 Time: 8:30 a.m. Dept.: T-2 Div.: Room: Address of court (if different from the address above): Bakersfield Traffic Courtroom, 3131 Arrow Street, Bakersfield, CA 93308 CK] Notice of Intent to Appear by Telephone, by (name): Gregory J. Kohler, Deputy District Attorney INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. CK] This statement is submitted by party (name): Plaintiff, the People of the State of California b. D 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): August 10, 2023 b. CJ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. w All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. CJ The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) CJ have been served but have not appeared and have not been dismissed (specify names): (3) D 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 date by which they may be served): 4. Description of case a. Type of case in W complaint D cross-complaint (Describe, including causes of action): Violation of the Drug Abatement Act (H&S Code §§11570-11587), Abatement of Public Nuisance Per Se (Civ. Code §3479 per Govt. Code §25845(a)}, Violation of MAUCRSA (B&P Code §§26000 et seq.) and Violation of Unfair Competition Law (B&P Code §§17200 et seq.). Page 1 of 5 Form Adopted for Mandatory Use AMENDED CASE MANAGEMENT STATEMENT Cal. Rules of Court. rules 3.72o-;J.730 Judicial Council of California CM-110 [Rev. January 1, 2024] Y!tlWcourts ca gov CM-110 PLAINTIFF/PETITIONER: THE PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBER: DEFENDANT/RESPONDENT: OCTAVIO GONZALEZ, an individual BCV-23-102684 TMS 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): Defendant operated an illegal cannabis and psilocybin mushroom dispensary at 1031 Mt. Vernon Avenue, in the unincorporated area of Kern County. A request for entry of default has been filed. CJ (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 CJ a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. CJ The trial has been set for (date): b. CJ 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): 03/11 - 4/12/2024 - Jury Trial 7. Estimated length of trial The party or parties estimate that the trial will take (check one) a. CJ days (specify number): b. CJ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial CJ by the attorney or party listed in the caption CJ by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. Email address: g. Party represented: CJ Additional representation is described in Attachment 8. 9. Preference CJ 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 CK] has CJ 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 CJ has CJ has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) CJ 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) CJ 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) [KJ 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): Complaint includes a non-frivolous and insubstantial prayer for injunctive relief. Page 2 ol S CM-110 [Rev. January 1. 2024] AMENDED CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: THE PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBER: DEFENDANT/RESPONDENT: OCTAVIO GONZALEZ, an individual BCV-23-102684 TMS 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): D Mediation session not yet scheduled D D Mediation session scheduled for (date): (1) Mediation D Agreed to complete mediation by (date): D Mediation completed on (date): D Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for(date): conference D D Agreed to complete settlement conference by(date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation D D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 (Rev. January 1. 2024] AMENDED CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: THE PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBER: DEFENDANT/RESPONDENT: OCTAVIO GONZALEZ, an individual BCV-23-102684 TMS 11. Insurance a. CJ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. CJ 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 CJ 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 [KJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Application for default judgment. 16. Discovery a. D The party or parties have completed all discovery. b. CJ The following discovery will be completed by the date specified (describe all anticipated discovery): E.a.cty Description Date c. CJ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Page 4 or 5 CM-110 IRev. January 1, 2024) AMENDED CASE MANAGEMENT STATEMENT