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  • CREDITORS ADJUSTMENT BUREAU, INC. VS LEAL ET AL06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS LEAL ET AL06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS LEAL ET AL06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS LEAL ET AL06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS LEAL ET AL06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS LEAL ET AL06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS LEAL ET AL06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • CREDITORS ADJUSTMENT BUREAU, INC. VS LEAL ET AL06-CV Breach of Contract/Warranty-Civil Unlimited document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: Kenneth J. Freed 125349 / Eric J. Jun 263502 FIRM NAME: Law Offices of Kenneth J. Freed STREET ADDRESS: 4340 Fulton Avenue, Third Floor cITY: Sherman Oaks sTATE: CA zIPcoDE: 91423 TELEPHONE NO.: (818) 990-0888 FAX NO.: (818) 990-1047 EMAILADDRESS: kfreed@kjfesq.com / ejun@kjfesq.com ATTORNEYFOR(name): CREDITORS ADWSTMENT BUREAU, INC., SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: cITYANDzIPcooE: Bakersfield, CA 93301 BRANCH NAME: METROPOLITAN DMSION PLAINTIFF/PETITIONER: CREDITORS ADJUSTMENT BUREAU, INC., DEFENDANT/RESPONDENT: SALVADOR I.EAL CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): IX) UNLIMITED CASE □ LIMITED CASE BCV-23-100577 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 03/05/2024 Time: 08:30 a.m. Dept.: Div.: Room: T-2 Address of court (if different from the address above): 3131 Arrow Street, Bakersfield, CA 93308. IX] Notice of Intent to Appear by Telephone, by (name): Attorney for Plaintiff, Creditors Adjustment Bureau, Inc. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. IX] This statement is submitted by party (name): CREDITORS ADJUSTMENT BUREAU, INC. 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): 2/24/23 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. DAll parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. IX] The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) IX] have had a default entered against them (specify names): Salvador Leal and Sitrep Security Solutions, Inc. A new default judgment package against both defendants was submitted to the court on January 26, 2024, but it has not been processed yet. c. D The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type of case inIX] complaint D cross-complaint (Describe, including causes of action): Complaint for money sounding in Breach of Contract, Open Book Account, Account Stated, and Reasonable Value. Page1 of6 Fonn Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of Califomia • CEB' IEssential rules 3.720-3.730 CM-110 [Rev. January 1, 2024) ceb.com l!)Forms· www.courts.ca.gov 6086570 CM-110 PLAINTIFF/PETITIONER: CREDITORS ADJUSTMENT BUREAU, INC. CASE NUMBER: BCV-23-100577 DEFENDANT/RESPONDENT: SALVADOR IBAL 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 is a collection agency assigned this matter by State Compensation Insurance Fund ("SCIF''). SCIF and defendants entered into a written agreement wherein SCIF agreed to provide policies of worlcers compensation insurance to defendants, and defendants agreed to pay premiums in accordance with the terms and and conditions of said policies. Defendants breached the agreement by failing to make the required premium payments and defendants owe the principal sum of $141,093.09, plus interest at the rate of 10% per annum, statutory attorney's fees and costs. D (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 D a jury trial IX) a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial data a. DThe trial has been set for (date): b. DNo 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one) a. D days (specify number): b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial IX) by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. Email address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 infonnation 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 IX) has D 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 D D has not reviewed the ADR information package identified in rule 3.221. b. Referral to Judlclal arbitration or clvll action mediation (if available). (1} D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D 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) D 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): CM-11 O[Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page2of5 •cEB"I Essential ceb.com 0Forms· 6086570 CM-110 PLAINTIFF/PETITIONER: CREDITORS ADJUSTMENT BUREAU, INC. CASE NUMBER: BCV-23-100577 DEFENDANT/RESPONDENT: SALVADOR IBAL 10. c. In the table below, indicate the ADA 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 ADA process or processes, participate in the following ADA 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 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 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 Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial □ 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 Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADA session not yet scheduled (6) Other (specify): □ DADA session scheduled for (date): D Agreed to complete ADA session by (date): D ADA completed on (date): CM-110 [Rev. January 1, 2024) CASE MANAGEMENT STATEMENT Page3of5 •cEB"I Essential ceb.com 0Fonns· 6086570 CM-110 , , CASE NUMBER: BCV-23-100577 DEFENDANT/RESPONDENT: SALVADOR LEAL 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D 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 D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. D The following discovery will be completed by the date specified (describe all anticipated discovery): fiir:bL Description Q5ml c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-11 O[Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page4of5 •cEs·1 Essential ceb.com 0Forms· 6086570 CM-110 PLAINTIFF/PETITIONER: CREDITORS ADJUSTMENT BUREAU, INC. CASE NUMBER: BCV-23-100577 DEFENDANT/RESPONDENT: SALVADOR LEAL 17. Economic lltlgatlon a. D 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. D 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 IX) The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Plaintiffs new judgment packet was submitted to the court on January 26, 2024, but it has yet to be processed. Plaintiff respectfully requests a 60-day continuance of the CMC hearing to allow time for the judgment packet to be reviewed and judgment to be entered. 19. Meet and confer a. D 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. D 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: Feb 16, 2024 ► f5t((,J@ Eric Jun (Feb 16, 202416:19 PST) Eric T Tun -------- (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ►-------- (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 5 or 5 •cEB"I Essential ceb.com 0Forms· 6086570 1 PROOF OF SERVICE 2 ESTELA I, _ _ _ _G.MENJIVAR _ _ _ _ _ _, hereby state and declare as follows: 3 1. I am employed in the county of Los Angeles, State of California. I am over the age of 18-years, and not a party to the within action. My business address is 4340 Fulton Ave., 4 Third Floor, Sherman Oaks, CA 91423. 5 2. On February 19 __, 2024, I served the document(s) described as: CASE MANAGEMENT STATEMENT on the interested parties to this action by placing the true 6 copy(ies) thereof enclosed in sealed envelopes addressed as follows: 7 SALVADOR LEAL AKA SALVADOR J LEAL AKA 8 SALVADOR LEAL JR DBA SITREP SECURITY SOLUTIONS 9 2521 Kramer Dr. Bakersfield, CA 93309 10 SITREP SECURITY SOLUTIONS, INC. 11 AKA SITREP SECURITY SOLUTIONS c/o Salvador Leal, Registered Agent 12 2521 Kramer Dr. Bakersfield, CA 93309 13 14 [ X ] (By Mail): I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. postal service with postage fully 15 prepaid on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is 16 more than 1-day after date of deposit for mailing affidavit. 17 [ ] (By e-mail): I caused the above-referenced document to be sent to the person(s) listed above at the email address(es) listed above. I did not receive, within a reasonable time after 18 the transmission, any electronic message or other indication that the transmission was unsuccessful. 19 [ ] (By messenger service): I served the above-referenced document by placing them in an 20 envelope or package addressed to the persons at the addresses listed above and providing them to a professional messenger service for service. 21 [ ] (By Overnight Delivery): I am "readily familiar" with the firm's practice of collection 22 and processing correspondence for overnight delivery by an express service carrier. It is deposited with a facility regularly maintained by an express service carrier on that same day 23 in the ordinary course of business, in an envelope or package designated by the express service carrier with delivery fees paid. 24 [X] (State): I declare under penalty of perjury under the laws of the State of California that 25 the foregoing is true and correct. 26 19_, 2024, at Sherman Oaks, California. Executed on February _ 27 ~~~ ESTELA G. MENJIVAR 28 1