Preview
CM-110
[ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 320532 FOR COURT USE ONLY
INamE: Kevin Y. Jacobson, Esq. (SBN 320532); Allen Amarkarian, Esq. (SBN 319117)
FirMName: QUILL & ARROW, LLP
STREETADDRESS: 10900 Wilshire Boulevard, Suite 300
city: Los Angeles STATE: CA zip CODE: 90024
TELEPHONE NO.: (310) 933-4271 FAXNO: (310) 889-0645
EMAIL ADDRESS: kjacobson@quillarrowlaw.com
ATTORNEY FOR (name): Plaintiff: EARL PATRICK KELLY
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: SANTA CRUZ COURTHOUSE
PLAINTIFF/PETITIONER: EARL PATRICK KELLY
DEFENDANT/RESPONDENT: FORD MOTOR COMPANY
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [Ge] UNLIMITED CASE [_] LIMITED CASE 21CV01247
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 7, 2024 Time: 8:30 a.m. Dept.: 10 Div.: Room:
Address of court (if different from the address above):
[_x_] Notice of Intent to Appear by Telephone, by (name): Kevin Y. Jacobson
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. [3] This statement is submitted by party (name): Plaintiff: EARL PATRICK KELLY
b. [_] 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): May 17, 2021
b. [__] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. [5c] 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):
Description of case
a. Type ofcasein [x ] complaint [] cross-complaint (Describe, including causes of action):
See Attachment 4a
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court,
Judicial Council of Califomia rules 3.720-3.730
(CM-110 (Rev, January 1, 2024] wow. courts. ca. go
CM-110
PLAINTIFF/PETITIONER: EARL PATRICK KELLY CASE NUMBER:
DEFENDANT/RESPONDENT: FORD MOTOR COMPANY 21C0V01247
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
eamings to date, and estimated future lost earnings; if equitable relief is sought, describe the nature of the relief).
[4€] (if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request [qa jury trial [J 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. [5c] 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):
Estimated length of trial
The party or parties estimate that the trial will take (check one)
a. [3X] days (specify number): 5-7
b. [__] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [6] by the attorney or party listed in the caption [1 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.
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 [x _] has [J 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.
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) [5<] 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 and involves multiple causes of actions pursuant to rule 3.811(b)(8).
(CM-110 (Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page
2 of
CM-110
PLAINTIFF/PETITIONER: EARL PATRICK KELLY CASE NUMBER:
DEFENDANT/RESPONDENT: FORD MOTOR COMPANY 21CV01247
10. c. Inthe 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):
[6] Mediation session not yet scheduled
[J Mediation session scheduled for (date):
(1) Mediation Ga [-] Agreed to complete mediation by (date):
[J Mediation completed on (date):
[4 {
\ ST
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
> (SIGNATURE OF PARTY OR ATTORNEY)
[J Additional signatures are attached.
CM-110 [Rev, January 1, 2024] CASE MANAGEMENT STATEMENT Page
5 of 5
MC-025
SHORT TITLE: CASE NUMBER:
| Kelly, Earl Patrick v. Ford Motor Company 21CV01247
ATTACHMENT (Number): 4a
(This Attachment may be used with any Judicial Council form.)
The instant matter involves a new 2020 Ford F-150 manufactured by Defendant.
Plaintiff's causes of action are numbered as follows:
1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY
2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY
3. VIOLATION OF SONG-BEVERLY ACT - SECTION 1793.2
(If the item that this Attachment concems is made under penalty of perjury, all statements in this Page 6 of 7
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use ATTACHMENT www courtinfo.ca. gov
Judicial Council of California
MC-025 (Rev. July 1, 2009] to Judicial Council Form
MC-025
SHORT TITLE: CASE NUMBER:
| Kelly, Earl Patrick v. Ford Motor Company 21CV01247
ATTACHMENT (Number): 4b
(This Attachment may be used with any Judicial Council form.)
Plaintiff purchased a new 2020 Ford F-150 ("subject vehicle") from and manufactured by Defendant.
Defendant provided Plaintiff with express warranties accompanied the sale of the vehicle to Plaintiff by which
Defendants undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide
compensation if there was a failure in such utility or performance.
The vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed
other serious defects and nonconformities to warranty. Plaintiff delivered the vehicle to Defendants authorized
repair facil: es multiple times. Defendant failed to repair the vehicle after a reasonable number of
opportunities.
Defendant violated the Song-Beverly Consumer Warranty Act by not replacing the vehicle or repurchasing the
vehicle after being given a reasonable number of opportunities to repair the vehicle.
Plaintiff seeks rescission of the purchase contract, restitution of all monies expended for the vehicle, incidental
and consequential damages, civil penalties in the amount of two times Plaintiff's actual damages, diminution in
value, prejudgment interest, reasonable attorneys' fees and costs of suit, general, special, and actual damages
according to proof at trial. Plaintiff's restitution damages are in excess of $50,000.00 and attorney's fees and
costs are currently in excess of $20,000.00.
Defendant has answered the Complaint and the matter is at issue. Plaintiff requests that the Court set trial.
7
(If the item that this Attachment concems is made under penalty of perjury, all statements in this Page of 7
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use ATTACHMENT www courtinfo.ca. gov
Judicial Council of California
MC-025 (Rev. July 1, 2009] to Judicial Council Form
PROOF OF SERVICE
Iam employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 10900 Wilshire Blvd., Suite 300, Los
Angeles, CA 90024.
On February 9, 2024, I served the following document(s) described as:
CASE MANAGEMENT STATEMENT
That document was served on parties herein in this proceeding by placing true copies of the original
in enclosed, sealed envelope(s) addressed as follows:
SEE ATTACHED SERVICE LIST
[(BY MAIL) I am “readily familiar” with the practices of QUILL & ARROW, LLP, in
10 collecting and processing correspondence and documents for mailing. Under that practice,
documents for mailing would be deposited with the US Postal Service on that same day this
11 affidavit is signed with postage fully prepaid at Los Angeles, California in the ordinary course of
business. I am aware that on motion of the party served, service is presumed invalid if the postal
12 cancellation date is more than 1-day after the day of deposit for mailing the affidavit. [CCP §
1013]
13
14 [] (BY OVERNIGHT MAIL) I am “readily familiar” with the practices of the QUILL &
ARROW, LLP, for collection and processing of documents for mailing via overnight delivery. I
15 caused such document(s) to be placed in a sealed envelope designated by the overnight service
carrier, addressed to the person(s) on whom it is to be served pursuant to the attached service list,
16 and deposited said envelope in a box or other facility regularly maintained by the overnight
service carrier with delivery fees paid or provided for. [CCP § 1013(c)]
17
[X] (BY ELECTRONIC MAIL) I caused the document(s) to be transmitted by electronic mail
18 to the e-mail addresses for each party indicated on the attached service list.
19 [] (BY PERSONAL DELIVERY) I caused to be delivered such envelope by hand to the
addressee at the address indicated on the attached service list.
20
21
I declare under penalty of perjury under the laws of the State of California that the foregoing is
22 true and correct.
23 Executed on February 9, 2024.
/s/Lilly Arauz
24 Lilly Arau:
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PROOF OF SERVICE
SERVICE LIST
Kevin J. Tully, Esq. Counsel
for Defendants
kevin@tullylaw.net
-service@tullylaw.net
LAW OFFICES OF KEVIN J. TULLY
411 Borel Avenue, Suite 500
San Mateo, CA 94402
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PROOF OF SERVICE
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CM-110 [ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 320532 FOR COURT USE ONLY INamE: Kevin Y. Jacobson, Esq. (SBN 320532); Allen Amarkarian, Esq. (SBN 319117) FirMName: QUILL & ARROW, LLP STREETADDRESS: 10900 Wilshire Boulevard, Suite 300 city: Los Angeles STATE: CA zip CODE: 90024 TELEPHONE NO.: (310) 933-4271 FAXNO: (310) 889-0645 EMAIL ADDRESS: kjacobson@quillarrowlaw.com ATTORNEY FOR (name): Plaintiff: EARL PATRICK KELLY 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: SANTA CRUZ COURTHOUSE PLAINTIFF/PETITIONER: EARL PATRICK KELLY DEFENDANT/RESPONDENT: FORD MOTOR COMPANY CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [Ge] UNLIMITED CASE [_] LIMITED CASE 21CV01247 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 7, 2024 Time: 8:30 a.m. Dept.: 10 Div.: Room: Address of court (if different from the address above): [_x_] Notice of Intent to Appear by Telephone, by (name): Kevin Y. Jacobson INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. [3] This statement is submitted by party (name): Plaintiff: EARL PATRICK KELLY b. [_] 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): May 17, 2021 b. [__] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. [5c] 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): Description of case a. Type ofcasein [x ] complaint [] cross-complaint (Describe, including causes of action): See Attachment 4a Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court, Judicial Council of Califomia rules 3.720-3.730 (CM-110 (Rev, January 1, 2024] wow. courts. ca. go CM-110 PLAINTIFF/PETITIONER: EARL PATRICK KELLY CASE NUMBER: DEFENDANT/RESPONDENT: FORD MOTOR COMPANY 21C0V01247 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 eamings to date, and estimated future lost earnings; if equitable relief is sought, describe the nature of the relief). [4€] (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request [qa jury trial [J 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. [5c] 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): Estimated length of trial The party or parties estimate that the trial will take (check one) a. [3X] days (specify number): 5-7 b. [__] hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [6] by the attorney or party listed in the caption [1 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. 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 [x _] has [J 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. 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) [5<] 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 and involves multiple causes of actions pursuant to rule 3.811(b)(8). (CM-110 (Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 2 of CM-110 PLAINTIFF/PETITIONER: EARL PATRICK KELLY CASE NUMBER: DEFENDANT/RESPONDENT: FORD MOTOR COMPANY 21CV01247 10. c. Inthe 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): [6] Mediation session not yet scheduled [J Mediation session scheduled for (date): (1) Mediation Ga [-] Agreed to complete mediation by (date): [J Mediation completed on (date): [4 { \ ST (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) > (SIGNATURE OF PARTY OR ATTORNEY) [J Additional signatures are attached. CM-110 [Rev, January 1, 2024] CASE MANAGEMENT STATEMENT Page 5 of 5 MC-025 SHORT TITLE: CASE NUMBER: | Kelly, Earl Patrick v. Ford Motor Company 21CV01247 ATTACHMENT (Number): 4a (This Attachment may be used with any Judicial Council form.) The instant matter involves a new 2020 Ford F-150 manufactured by Defendant. Plaintiff's causes of action are numbered as follows: 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF SONG-BEVERLY ACT - SECTION 1793.2 (If the item that this Attachment concems is made under penalty of perjury, all statements in this Page 6 of 7 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www courtinfo.ca. gov Judicial Council of California MC-025 (Rev. July 1, 2009] to Judicial Council Form MC-025 SHORT TITLE: CASE NUMBER: | Kelly, Earl Patrick v. Ford Motor Company 21CV01247 ATTACHMENT (Number): 4b (This Attachment may be used with any Judicial Council form.) Plaintiff purchased a new 2020 Ford F-150 ("subject vehicle") from and manufactured by Defendant. Defendant provided Plaintiff with express warranties accompanied the sale of the vehicle to Plaintiff by which Defendants undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. The vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty. Plaintiff delivered the vehicle to Defendants authorized repair facil: es multiple times. Defendant failed to repair the vehicle after a reasonable number of opportunities. Defendant violated the Song-Beverly Consumer Warranty Act by not replacing the vehicle or repurchasing the vehicle after being given a reasonable number of opportunities to repair the vehicle. Plaintiff seeks rescission of the purchase contract, restitution of all monies expended for the vehicle, incidental and consequential damages, civil penalties in the amount of two times Plaintiff's actual damages, diminution in value, prejudgment interest, reasonable attorneys' fees and costs of suit, general, special, and actual damages according to proof at trial. Plaintiff's restitution damages are in excess of $50,000.00 and attorney's fees and costs are currently in excess of $20,000.00. Defendant has answered the Complaint and the matter is at issue. Plaintiff requests that the Court set trial. 7 (If the item that this Attachment concems is made under penalty of perjury, all statements in this Page of 7 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www courtinfo.ca. gov Judicial Council of California MC-025 (Rev. July 1, 2009] to Judicial Council Form PROOF OF SERVICE Iam employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 10900 Wilshire Blvd., Suite 300, Los Angeles, CA 90024. On February 9, 2024, I served the following document(s) described as: CASE MANAGEMENT STATEMENT That document was served on parties herein in this proceeding by placing true copies of the original in enclosed, sealed envelope(s) addressed as follows: SEE ATTACHED SERVICE LIST [(BY MAIL) I am “readily familiar” with the practices of QUILL & ARROW, LLP, in 10 collecting and processing correspondence and documents for mailing. Under that practice, documents for mailing would be deposited with the US Postal Service on that same day this 11 affidavit is signed with postage fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal 12 cancellation date is more than 1-day after the day of deposit for mailing the affidavit. [CCP § 1013] 13 14 [] (BY OVERNIGHT MAIL) I am “readily familiar” with the practices of the QUILL & ARROW, LLP, for collection and processing of documents for mailing via overnight delivery. I 15 caused such document(s) to be placed in a sealed envelope designated by the overnight service carrier, addressed to the person(s) on whom it is to be served pursuant to the attached service list, 16 and deposited said envelope in a box or other facility regularly maintained by the overnight service carrier with delivery fees paid or provided for. [CCP § 1013(c)] 17 [X] (BY ELECTRONIC MAIL) I caused the document(s) to be transmitted by electronic mail 18 to the e-mail addresses for each party indicated on the attached service list. 19 [] (BY PERSONAL DELIVERY) I caused to be delivered such envelope by hand to the addressee at the address indicated on the attached service list. 20 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is 22 true and correct. 23 Executed on February 9, 2024. /s/Lilly Arauz 24 Lilly Arau: 25 26 27 28 PROOF OF SERVICE SERVICE LIST Kevin J. Tully, Esq. Counsel for Defendants kevin@tullylaw.net -service@tullylaw.net LAW OFFICES OF KEVIN J. TULLY 411 Borel Avenue, Suite 500 San Mateo, CA 94402 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE