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  • THE PEOPLE OF THE STATE OF CALIFORNIA VS GONZALEZ07-CV Business Tort - Civil Unlimited document preview
  • THE PEOPLE OF THE STATE OF CALIFORNIA VS GONZALEZ07-CV Business Tort - Civil Unlimited document preview
  • THE PEOPLE OF THE STATE OF CALIFORNIA VS GONZALEZ07-CV Business Tort - Civil Unlimited document preview
  • THE PEOPLE OF THE STATE OF CALIFORNIA VS GONZALEZ07-CV Business Tort - Civil Unlimited document preview
  • THE PEOPLE OF THE STATE OF CALIFORNIA VS GONZALEZ07-CV Business Tort - Civil Unlimited document preview
  • THE PEOPLE OF THE STATE OF CALIFORNIA VS GONZALEZ07-CV Business Tort - Civil Unlimited document preview
  • THE PEOPLE OF THE STATE OF CALIFORNIA VS GONZALEZ07-CV Business Tort - Civil Unlimited document preview
  • THE PEOPLE OF THE STATE OF CALIFORNIA VS GONZALEZ07-CV Business Tort - Civil Unlimited document preview
						
                                

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CM-110 ATTORNEY OR PARTY INITHOUT ATTORNEY STATE BAR NUMBER: 144063 FOR COURT USE OHLY NAME: Gregory J . Kohler, Deputy District Attorney FIRM NAME. CYNTHIA J . ZIMMER, District Attorney, County of Kem STREET ADDRESS: 1215 Truxtun Avenue, 4th Floor c1TY: Bakersfield STATE: CA ZIP CODE: 93301 TELEPHONE NO.: (661) 868-2340 FAX NO.: (661) 868-2700 EMAIL ADDRESS: gjkohler@kemda.org ATTORNEY FOR /Mme): 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 CASE MANAGEMENT STATEMENT CASE NUMBER: IT] UNLIMITED CASE LJ LIMITED CASE BCV-23-102684 TMS (Check one): (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 3, 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 IT] 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. IT] 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 15, 2023 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. IT] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D 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) D have had a default entered against them (specify names): c. D 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 IT] 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.). Pago 1 of 5 Cal. Rules of Court. Fonn Adopted for Mandalory Use CASE MANAGEMENT STATEMENT Nies 3.720-3.730 Judicial Cooocil of Caliomia CM-110 (Rev. Janua,y 1, 2024} WNW courts c.i1 ~ CM-1 10 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. 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 D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. T rial date a. D The trial has been set for (date): b. D 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): June 10, 2024 through July 5, 2024 - Jury Trial 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 D 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 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 W has Ohas 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) DThis 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) DPlaintiff 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) [TI 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 of 5 CM-110 (Rev. January 1, 20241 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 Mediation session scheduled for (date): (1) Mediation D 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 D ADR session scheduled for (date): (6) Other (specify): D D Agreed to complete ADR session by (date): D ADR completed on (date): Page 3 ol 5 CM-11 0 [Rev. January 1, 2024] 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 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 ofmotion, and reasons): 15. Other motions IT] 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. D The following discovery will be completed by the date specified (describe all anticipated discovery): E.a..ru Description Qfile c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 !Rev. January 1, 2024] Page4 of 5 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 17. Economic litigation 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 w The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Default Judgment. 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): N/A. Default entered. 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: March 19, 2024 Gregory J. Kohler, Deputy District Attorney ► (TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY) ► (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY} D Additional signatures are attached. Paga 5 of 5 CM-110 (Rev. Janua,y 1, 2024) CASE MANAGEMENT STATEMENT PROOF OF SERVICE I declare that I am employed in the County of Kern, State of California; that I am over the age of eighteen years; that I am not a party to this action; and that my business address is 1215 Truxtun Avenue, Bakersfield, California 93301. On March 19, 2024, I served a copy of the attached CASE MANAGEMENT CONFERENCE STATEMENT, in the case of People vs. Octavio Gonzalez, an individual; BCV-23-102684 TMS, on defendant's attorney ofrecord as follows: OCTAVIO GONZALEZ 1001 M STREET BAKERSFIELD, CA 93304 as follows: D PERSONAL DELIVERY -I personally served the above-described document on defendants in the above-numbered action by leaving it with the receptionist for the attorney's office named above; U.S. MAIL- (1) D Deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. (2) IZ! Pursuant to C.C.P. section 1013(a), I placed the envelope for collection and mailing, following ordinary business practices. I am readily familiar with this business's practice of collecting and processing documents for mailing. On the same day that document is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. D OVERNIGHT MAIL -pursuant to C.C.P. section 1013(c)(d), I caused such envelope with delivery fees fully prepared to be sent by FEDERAL EXPRESS. D ELECTRONIC MAIL- by transmitting the document(s) listed above, electronically, via the e-mail address( es) set forth above. Executed on March 19, 2024, at Bakersfield, California. (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.