Preview
CM-110
[ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 332498 FOR COURT
USE ONLY
Name: James L. Arrasmith
FIRM NAME: The Law Offices of James L. Arrasmith
ISTREET ADDRESS: 9719 Lincoln Village Drive, Suite 500
city: Sacramento STATECA ZIP CODE:95827
TELEPHONE NO.: 916-704-3009 FAXNO.:
EMAIL ADDRESS: jarrasmith@pm.me
JATTORNEY FOR (name): Plaintiff, Charles King
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
‘STREET ADDRESS:400 County Center
MAILING ADDRESS:400 County Center
city AND ziP copE-Redwood City, CA 94063
BRANCH NAME:Superior Court of California, County of San Mateo
PLAINTIFF/PETITIONER: Charles King
DEFENDANT/RESPONDENT: Eric Stuart, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [_] UNLIMITED CASE [1 uitep case 23-ClV-01887
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
|A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 4/3/2024 Time: 9:00 am Dept.: Civil Comm. Div.: Room: Courtroom H
|Address of court (if different from the address above):
800 North Humboldt Street, San Mateo, CA 94401
[_x_] Notice of Intent to Appear by Telephone, by (name): James L. Arrasmith
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. [2] This statement is submitted by party (name): Plaintiff Charles King
b. [_] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 4/25/2023
b. (__] The cross-complaint, if any, was filed on (date):
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. [4] The following parties named in the complaint or cross-complaint
(1) [2] have not been served (specify names and explain why not):
Eric Stuart and Erica Stuart - unable to locate for personal service
(2) [[7] 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 involvementin case, and date by which
they may be served):
Description of case
a. Type of case in [7] complaint [1 cross-complaint (Describe, including causes of action):
Breach of Contract/Warranty, Breach of Warranty of Habitability, Intentional Infliction of Emotional Distress, Unfair Business
Practices, Untenantable Dwelling, and Negligence.
Page 1 ofS
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Couneil of California rules 3720-3.730
CM-110 [Rev. January 1, 2024) ‘eee courts.cagov
CM-110
PLAINTIFF/PETITIONER: Charles King (CASE NUMBER:
DEFENDANT/RESPONDENT: Eric Stuart, et al. 23-ClV-01887
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
earings to date, and estimated future lost earnings; if equitable relief is sought, describe the nature of the relief):
(1) Defendants failed to cure habitability issues inside plaintiffs apartment despite repeated requests for repair and/or
replacement, and (2) failed to provide adequate lighting and maintenance of the security gate to the premises which contributed
to plaintiff's brutal attack by the Stuarts which resulted in severe and possibly permanent medical problems.
[-] (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 [[) ajury trial [22] a nonjury trial. (/f 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. [2] 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):
¢. 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. Le] days (specify number): 2
b. [-_] hours (short causes) (specify):
Trial representation (fo be answered for each party)
The party or parties will be represented at trial [Ge] by the attomey or party listed in the caption [) by the following:
Attorney:
Firm:
Address:
Telephone number: f. Fax number.
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 [-%_] has [G2] 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) [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):
Damages exceed $50,000 limit
CM-110 [Rev. January1, 2024] CASE MANAGEMENT STATEMENT Page 20f 5
CM-110
PLAINTIFF/PETITIONER: Charles King CASE NUMBER:
DEFENDANT/RESPONDENT: Eric Stuart, et al. 23-ClV-01887
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 alf 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 ail that apply): |stipulation):
[2] Mediation session not yet scheduled
[-) Mediation session scheduled for (date):
(1) Mediation Ga [] Agreed to complete mediation by (date):
[J Mediation completed on (date):
[] Settlement conference not yet scheduled
(2) Settlement [] Settlement conference scheduled for(date):
conference [1 Agreed to complete settlement conference by (date):
[) Settlement conference completed on (date):
(] Neutral evaluation not yet scheduled
[1] Neutral evaluation scheduled for (date):
(3) Neutral evaluation
[] Agreed to complete neutral evaluation by (date):
[) Neutral evaluation completed on (date):
[J Judicial arbitration not yet scheduled
(4) Nonbinding judicial [) Judicial arbitration scheduled for (date):
arbitration [] Agreed to complete judicial arbitration by (date):
[1 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):
(CM-110 Rev. January1, 2024] CASE MANAGEMENT STATEMENT Page Sof §
CM-110
PLAINTIFF/PETITIONER: Charles King CASE NUMBER:
23-ClV-01887
DEFENDANT/RESPONDENT: Eric Stuart, et al.
11. Insurance
a. [—] Insurance carrier, if any, for party filing this statement (name): Not applicable
b. Reservation of rights: [__] Yes [Ne
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.
[-] Bankruptey [7] Other (specify): None
Status:
43, Related cases, consolidation, and coordination
a. [-_] There are companion, underlying, or related cases.
(1) Name of case: Not applicable
(2) Name of court:
(3) Case number:
(4) Status:
[-) Additional cases are described in Attachment 13a.
b. [-7] A motion to [) consolidate [-) coordinate will be filed by (name party):
14. Bifurcation
[-] The panty 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
[1] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. [(_] The party or parties have completed all discovery.
b. {[-] The following discovery will be completed by the date specified (describe ail anticipated discovery):
Party Description Date
Plaintiff Deposition of Defendants To be scheduled
Plaintiff Special Interrogatories To be prepared
Discovery would be considered if case is not resolved by mediation and/or settlement
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Habitability of premises
Defendants’ responsibility to maintain exterior area of premises
OM-110 [Rev. January 1, 2024) Page
4 of §
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Charles King (CASE NUMBER:
DEFENDANT/RESPONDENT: Eric Stuart, et al. 23-ClV-01887
17. Economic litigation
a. [_] This is a limited civil case (i.¢., 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):
Counsel for defendants AVG Investment and Alex Rubashevesky have briefly discussed a willingness to consider a
settlement offer from Plaintiff which is in the process of being prepared; if a settlement is not reached, plaintiff would
consider mediation in an attempt to resolve the issues in this case.
b. [[_] After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
The only agreement between the parties appears to be consideration of plaintiffs settlement demand which should be
completed within the next few weeks
20. Total number of pages attached (if any):
tam 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.
x
Date: March 8, 2024
James L. Arrasmith
(TYPE OR PRINT NAME}
> (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
> (SIGNATUREOF PARTY OR ATTORNEY)
(J Additional signatures are attached.
CM-110 (Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 5 of §
orivacy, please press the Clear This Form button after y« | Print this form ] Sa tt
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CM-110 [ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 332498 FOR COURT USE ONLY Name: James L. Arrasmith FIRM NAME: The Law Offices of James L. Arrasmith ISTREET ADDRESS: 9719 Lincoln Village Drive, Suite 500 city: Sacramento STATECA ZIP CODE:95827 TELEPHONE NO.: 916-704-3009 FAXNO.: EMAIL ADDRESS: jarrasmith@pm.me JATTORNEY FOR (name): Plaintiff, Charles King SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO ‘STREET ADDRESS:400 County Center MAILING ADDRESS:400 County Center city AND ziP copE-Redwood City, CA 94063 BRANCH NAME:Superior Court of California, County of San Mateo PLAINTIFF/PETITIONER: Charles King DEFENDANT/RESPONDENT: Eric Stuart, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [_] UNLIMITED CASE [1 uitep case 23-ClV-01887 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) |A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 4/3/2024 Time: 9:00 am Dept.: Civil Comm. Div.: Room: Courtroom H |Address of court (if different from the address above): 800 North Humboldt Street, San Mateo, CA 94401 [_x_] Notice of Intent to Appear by Telephone, by (name): James L. Arrasmith INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. [2] This statement is submitted by party (name): Plaintiff Charles King b. [_] This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 4/25/2023 b. (__] The cross-complaint, if any, was filed on (date): 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. [4] The following parties named in the complaint or cross-complaint (1) [2] have not been served (specify names and explain why not): Eric Stuart and Erica Stuart - unable to locate for personal service (2) [[7] 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 involvementin case, and date by which they may be served): Description of case a. Type of case in [7] complaint [1 cross-complaint (Describe, including causes of action): Breach of Contract/Warranty, Breach of Warranty of Habitability, Intentional Infliction of Emotional Distress, Unfair Business Practices, Untenantable Dwelling, and Negligence. Page 1 ofS Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Couneil of California rules 3720-3.730 CM-110 [Rev. January 1, 2024) ‘eee courts.cagov CM-110 PLAINTIFF/PETITIONER: Charles King (CASE NUMBER: DEFENDANT/RESPONDENT: Eric Stuart, et al. 23-ClV-01887 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 earings to date, and estimated future lost earnings; if equitable relief is sought, describe the nature of the relief): (1) Defendants failed to cure habitability issues inside plaintiffs apartment despite repeated requests for repair and/or replacement, and (2) failed to provide adequate lighting and maintenance of the security gate to the premises which contributed to plaintiff's brutal attack by the Stuarts which resulted in severe and possibly permanent medical problems. [-] (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 [[) ajury trial [22] a nonjury trial. (/f 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. [2] 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): ¢. 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. Le] days (specify number): 2 b. [-_] hours (short causes) (specify): Trial representation (fo be answered for each party) The party or parties will be represented at trial [Ge] by the attomey or party listed in the caption [) by the following: Attorney: Firm: Address: Telephone number: f. Fax number. 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 [-%_] has [G2] 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) [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): Damages exceed $50,000 limit CM-110 [Rev. January1, 2024] CASE MANAGEMENT STATEMENT Page 20f 5 CM-110 PLAINTIFF/PETITIONER: Charles King CASE NUMBER: DEFENDANT/RESPONDENT: Eric Stuart, et al. 23-ClV-01887 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 alf 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 ail that apply): |stipulation): [2] Mediation session not yet scheduled [-) Mediation session scheduled for (date): (1) Mediation Ga [] Agreed to complete mediation by (date): [J Mediation completed on (date): [] Settlement conference not yet scheduled (2) Settlement [] Settlement conference scheduled for(date): conference [1 Agreed to complete settlement conference by (date): [) Settlement conference completed on (date): (] Neutral evaluation not yet scheduled [1] Neutral evaluation scheduled for (date): (3) Neutral evaluation [] Agreed to complete neutral evaluation by (date): [) Neutral evaluation completed on (date): [J Judicial arbitration not yet scheduled (4) Nonbinding judicial [) Judicial arbitration scheduled for (date): arbitration [] Agreed to complete judicial arbitration by (date): [1 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): (CM-110 Rev. January1, 2024] CASE MANAGEMENT STATEMENT Page Sof § CM-110 PLAINTIFF/PETITIONER: Charles King CASE NUMBER: 23-ClV-01887 DEFENDANT/RESPONDENT: Eric Stuart, et al. 11. Insurance a. [—] Insurance carrier, if any, for party filing this statement (name): Not applicable b. Reservation of rights: [__] Yes [Ne 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. [-] Bankruptey [7] Other (specify): None Status: 43, Related cases, consolidation, and coordination a. [-_] There are companion, underlying, or related cases. (1) Name of case: Not applicable (2) Name of court: (3) Case number: (4) Status: [-) Additional cases are described in Attachment 13a. b. [-7] A motion to [) consolidate [-) coordinate will be filed by (name party): 14. Bifurcation [-] The panty 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 [1] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [(_] The party or parties have completed all discovery. b. {[-] The following discovery will be completed by the date specified (describe ail anticipated discovery): Party Description Date Plaintiff Deposition of Defendants To be scheduled Plaintiff Special Interrogatories To be prepared Discovery would be considered if case is not resolved by mediation and/or settlement c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Habitability of premises Defendants’ responsibility to maintain exterior area of premises OM-110 [Rev. January 1, 2024) Page 4 of § CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Charles King (CASE NUMBER: DEFENDANT/RESPONDENT: Eric Stuart, et al. 23-ClV-01887 17. Economic litigation a. [_] This is a limited civil case (i.¢., 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): Counsel for defendants AVG Investment and Alex Rubashevesky have briefly discussed a willingness to consider a settlement offer from Plaintiff which is in the process of being prepared; if a settlement is not reached, plaintiff would consider mediation in an attempt to resolve the issues in this case. b. [[_] After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): The only agreement between the parties appears to be consideration of plaintiffs settlement demand which should be completed within the next few weeks 20. Total number of pages attached (if any): tam 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. x Date: March 8, 2024 James L. Arrasmith (TYPE OR PRINT NAME} > (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) > (SIGNATUREOF PARTY OR ATTORNEY) (J Additional signatures are attached. CM-110 (Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 5 of § orivacy, please press the Clear This Form button after y« | Print this form ] Sa tt