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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
NAME: BRAD BRERETON 111266/MARICA O'DONNELL 340672
FIRM NAME: Brereton, Mohamed, & Terrazas, LLP
STREET ADDRESS: 1362 Pacific Avenue, Second Floor
CITY: Santa Cruz STATE: CA ZIP CODE: 95060
TELEPHONE NO.: (831) 429-6391 FAX NO.: (831) 459-8298
EMAIL ADDRESS: mod@brereton.law
ATTORNEY FOR (name): MICHAEL BLAS
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Cruz
STREET ADDRESS: 701 Ocean Street, Room 110
MAILING ADDRESS:
CITY AND ZIP CODE: Santa Cruz, CA 95060
BRANCH NAME:
PLAINTIFF/PETITIONER: STEVEN BRACCINI, et al.
DEFENDANT/RESPONDENT: MICHAEL BLAS
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): ‰
X UNLIMITED CASE ‰ LIMITED CASE 23CV02820
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 3/29/2024 Time: 8:30 Dept.: 5 Div.: Room:
Address of court (if different from the address above):
‰ Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. ‰ X This statement is submitted by party (name): MICHAEL BLAS
b. ‰ 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):
b. ‰ The cross-complaint, if any, was filed on (date):
3. 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. ‰ 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 the date by which
they may be served):
4. Description of case
a. Type of case in ‰
X complaint ‰ cross-complaint (Describe, including causes of action):
Complaint for Damages for Negligence, Breach of Fiduciary Duty and
Conversion
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California rules 3.720–3.730
CM-110 [Rev. January 1, 2024] www.courts.ca.gov
BLAS, Michael
CM-110
PLAINTIFF/PETITIONER: STEVEN BRACCINI, et al. CASE NUMBER:
23CV02820
DEFENDANT/RESPONDENT: MICHAEL BLAS
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 is CPA who has provided tax services for Plaintiffs for many years. The California
Franchise Tax Board withdrew $170,000 at issue in this matter directly from Plaintiff's account.
Defendant has never been in control of the funds. Defendant denies all allegations against him.
‰ (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 ‰ a jury trial ‰ a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. ‰ The trial has been set for (date):
b. ‰ X 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):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one)
a. ‰ days (specify number):
b. ‰ hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial ‰ by the attorney or party listed in the caption ‰ 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.
9. 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 ‰ 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.
b. 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 of 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) ‰ 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-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 2 of 5
BLAS, Michael
CM-110
PLAINTIFF/PETITIONER: STEVEN BRACCINI, et al. CASE NUMBER:
23CV02820
DEFENDANT/RESPONDENT: MICHAEL BLAS
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):
‰
X Mediation session not yet scheduled
(1) Mediation ‰
X ‰ Mediation session scheduled for (date):
‰ Agreed to complete mediation by (date):
‰ Mediation completed on (date):
‰
X Settlement conference not yet scheduled
(2) Settlement
‰
X ‰ Settlement conference scheduled for (date):
conference
‰ Agreed to complete settlement conference by (date):
‰ Settlement conference completed on (date):
‰ Neutral evaluation not yet scheduled
(3) Neutral evaluation ‰ ‰ Neutral evaluation scheduled for (date):
‰ Agreed to complete neutral evaluation by (date):
‰ Neutral evaluation completed on (date):
‰ Judicial arbitration not yet scheduled
(4) Nonbinding judicial ‰ ‰ Judicial arbitration scheduled for (date):
arbitration
‰ Agreed to complete judicial arbitration by (date):
‰ 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
(6) Other (specify): ‰ ‰ ADR session scheduled for (date):
‰ Agreed to complete ADR session by (date):
‰ ADR completed on (date):
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 3 of 5
BLAS, Michael
CM-110
PLAINTIFF/PETITIONER: STEVEN BRACCINI, et al. CASE NUMBER:
23CV02820
DEFENDANT/RESPONDENT: MICHAEL BLAS
11. Insurance
a. ‰ X Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: ‰ Yes ‰ X No
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.
‰ Bankruptcy ‰ Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. ‰ There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
‰ Additional cases are described in Attachment 13a.
b. ‰ A motion to ‰ consolidate ‰ coordinate will be filed by (name party):
14. Bifurcation
‰ 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
‰ 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. ‰X The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Deposition of Plaintiffs TBA
c. ‰ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 4 of 5
BLAS, Michael
CM-110
PLAINTIFF/PETITIONER: STEVEN BRACCINI, et al. CASE NUMBER:
23CV02820
DEFENDANT/RESPONDENT: MICHAEL BLAS
17. Economic litigation
a. ‰ 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. ‰ 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. ‰X 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. ‰ 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: 3/13/2024
Marica O'Donnell
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
‰ Additional signatures are attached.
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 5 of 5
BLAS, Michael
1 PROOF OF SERVICE BY U.S. MAIL AND EMAIL,
2
3 I, the undersigned, declare:
4 I am now and at all times herein mentioned have been over the age of eighteen
5 years, a resident of and employed in the County of Santa Cruz, California, and not a
6 party of the within entitled action or cause. My business address is BRERETON,
7 MOHAMED, & TERRAZAS, LLP, 1362 Pacific Avenue, Suite Second Floor, Santa
8 Cruz, California 95060.
9 On March 13, 2024, I served a true copy of the foregoing:
10
11 Case Management Statement
12
by placing said copy(ies) in the United States mail with postage prepaid and
13 addressed, and via electronic mail as follows:
14 Paul A. Frassetto
Frassetto Law Offices
15 505 Mongomery Street, 10th Floor
16 San Francisco CA, 94111
paulfrassetto@yahoo.com
17
18 X (By U.S. Mail) I am readily familiar with this office's business practice for
collection and processing of correspondence for mailing with the United States
19 Postal Service and that this document with postage fully prepaid will be
deposited with the United States Postal Service this date in the ordinary course
20 of business.
21
22 X (By email). I sent copies of the aforementioned documents via email to the
recipient, above.
23
24 I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
25
26
27 Dated: March 13, 2024 ______________________________
28 Thomas Chestnut
1
Proof of Service
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: BRAD BRERETON 111266/MARICA O'DONNELL 340672 FIRM NAME: Brereton, Mohamed, & Terrazas, LLP STREET ADDRESS: 1362 Pacific Avenue, Second Floor CITY: Santa Cruz STATE: CA ZIP CODE: 95060 TELEPHONE NO.: (831) 429-6391 FAX NO.: (831) 459-8298 EMAIL ADDRESS: mod@brereton.law ATTORNEY FOR (name): MICHAEL BLAS SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Cruz STREET ADDRESS: 701 Ocean Street, Room 110 MAILING ADDRESS: CITY AND ZIP CODE: Santa Cruz, CA 95060 BRANCH NAME: PLAINTIFF/PETITIONER: STEVEN BRACCINI, et al. DEFENDANT/RESPONDENT: MICHAEL BLAS CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ‰ X UNLIMITED CASE ‰ LIMITED CASE 23CV02820 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 3/29/2024 Time: 8:30 Dept.: 5 Div.: Room: Address of court (if different from the address above): ‰ Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ‰ X This statement is submitted by party (name): MICHAEL BLAS b. ‰ 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): b. ‰ The cross-complaint, if any, was filed on (date): 3. 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. ‰ 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 the date by which they may be served): 4. Description of case a. Type of case in ‰ X complaint ‰ cross-complaint (Describe, including causes of action): Complaint for Damages for Negligence, Breach of Fiduciary Duty and Conversion Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California rules 3.720–3.730 CM-110 [Rev. January 1, 2024] www.courts.ca.gov BLAS, Michael CM-110 PLAINTIFF/PETITIONER: STEVEN BRACCINI, et al. CASE NUMBER: 23CV02820 DEFENDANT/RESPONDENT: MICHAEL BLAS 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 is CPA who has provided tax services for Plaintiffs for many years. The California Franchise Tax Board withdrew $170,000 at issue in this matter directly from Plaintiff's account. Defendant has never been in control of the funds. Defendant denies all allegations against him. ‰ (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 ‰ a jury trial ‰ a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. ‰ The trial has been set for (date): b. ‰ X 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one) a. ‰ days (specify number): b. ‰ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ‰ by the attorney or party listed in the caption ‰ 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. 9. 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 ‰ 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. b. 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 of 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) ‰ 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-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 2 of 5 BLAS, Michael CM-110 PLAINTIFF/PETITIONER: STEVEN BRACCINI, et al. CASE NUMBER: 23CV02820 DEFENDANT/RESPONDENT: MICHAEL BLAS 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): ‰ X Mediation session not yet scheduled (1) Mediation ‰ X ‰ Mediation session scheduled for (date): ‰ Agreed to complete mediation by (date): ‰ Mediation completed on (date): ‰ X Settlement conference not yet scheduled (2) Settlement ‰ X ‰ Settlement conference scheduled for (date): conference ‰ Agreed to complete settlement conference by (date): ‰ Settlement conference completed on (date): ‰ Neutral evaluation not yet scheduled (3) Neutral evaluation ‰ ‰ Neutral evaluation scheduled for (date): ‰ Agreed to complete neutral evaluation by (date): ‰ Neutral evaluation completed on (date): ‰ Judicial arbitration not yet scheduled (4) Nonbinding judicial ‰ ‰ Judicial arbitration scheduled for (date): arbitration ‰ Agreed to complete judicial arbitration by (date): ‰ 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 (6) Other (specify): ‰ ‰ ADR session scheduled for (date): ‰ Agreed to complete ADR session by (date): ‰ ADR completed on (date): CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 3 of 5 BLAS, Michael CM-110 PLAINTIFF/PETITIONER: STEVEN BRACCINI, et al. CASE NUMBER: 23CV02820 DEFENDANT/RESPONDENT: MICHAEL BLAS 11. Insurance a. ‰ X Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: ‰ Yes ‰ X No 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. ‰ Bankruptcy ‰ Other (specify): Status: 13. Related cases, consolidation, and coordination a. ‰ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: ‰ Additional cases are described in Attachment 13a. b. ‰ A motion to ‰ consolidate ‰ coordinate will be filed by (name party): 14. Bifurcation ‰ 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 ‰ 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. ‰X The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Deposition of Plaintiffs TBA c. ‰ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 4 of 5 BLAS, Michael CM-110 PLAINTIFF/PETITIONER: STEVEN BRACCINI, et al. CASE NUMBER: 23CV02820 DEFENDANT/RESPONDENT: MICHAEL BLAS 17. Economic litigation a. ‰ 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. ‰ 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. ‰X 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. ‰ 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: 3/13/2024 Marica O'Donnell (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ‰ Additional signatures are attached. CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 5 of 5 BLAS, Michael 1 PROOF OF SERVICE BY U.S. MAIL AND EMAIL, 2 3 I, the undersigned, declare: 4 I am now and at all times herein mentioned have been over the age of eighteen 5 years, a resident of and employed in the County of Santa Cruz, California, and not a 6 party of the within entitled action or cause. My business address is BRERETON, 7 MOHAMED, & TERRAZAS, LLP, 1362 Pacific Avenue, Suite Second Floor, Santa 8 Cruz, California 95060. 9 On March 13, 2024, I served a true copy of the foregoing: 10 11 Case Management Statement 12 by placing said copy(ies) in the United States mail with postage prepaid and 13 addressed, and via electronic mail as follows: 14 Paul A. Frassetto Frassetto Law Offices 15 505 Mongomery Street, 10th Floor 16 San Francisco CA, 94111 paulfrassetto@yahoo.com 17 18 X (By U.S. Mail) I am readily familiar with this office's business practice for collection and processing of correspondence for mailing with the United States 19 Postal Service and that this document with postage fully prepaid will be deposited with the United States Postal Service this date in the ordinary course 20 of business. 21 22 X (By email). I sent copies of the aforementioned documents via email to the recipient, above. 23 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 25 26 27 Dated: March 13, 2024 ______________________________ 28 Thomas Chestnut 1 Proof of Service