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  • Valera vs Foppiano Civil document preview
  • Valera vs Foppiano Civil document preview
  • Valera vs Foppiano Civil document preview
  • Valera vs Foppiano Civil document preview
  • Valera vs Foppiano Civil document preview
  • Valera vs Foppiano Civil document preview
  • Valera vs Foppiano Civil document preview
  • Valera vs Foppiano Civil document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 283739 / 329046 - 119376 FOR COURT USE ONLY NAME: Elizabeth A. Fritzinger, Esq. / Monica J. Lehre, Esq. - Edward B. McCutchan, Esq. FIRM NAME: Berry & Fritzinger, P.C. - Sunderland McCutchan, LLP STREET ADDRESS:3550 Round Barn Blvd., Suite 312 - 1083 Vine Street, Suite 907 CITY: Santa Rosa - Healdsburg STATE: CA ZIP CODE: 95403 - 95448 TELEPHONE NO.: (707) 800-0550 / (707) 433-0377 FAX NO.: 707-800-0551 EMAIL ADDRESS: elizabeth@berryfritzlaw.com / monica@berryfritzlaw.com / emccutchan@sunmclaw.com ATTORNEY FOR (name): Defendants,Louis M. Foppiano, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA STREET ADDRESS: 3055 Cleveland Avenue MAILING ADDRESS: 600 Administration Drive CITY AND ZIP CODE: Santa Rosa, CA 95403 BRANCH NAME: Civil Family Courthouse PLAINTIFF/PETITIONER: SUSAN FOPPIANO VALERIA DEFENDANT/RESPONDENT: LOUIS M. FOPPIANO, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE SCV-269355 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 9, 2024 Time: 3:00 PM Dept.: 18 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Elizabeth A. Fritzinger, Esq. / Monica J. Lehre, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Defendants, Louis M. Foppiano, et al. 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 date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. January 1, 2024] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: SUSAN FOPPIANO VALERIA CASE NUMBER: DEFENDANT/RESPONDENT: LOUIS M. FOPPIANO, et al. SCV-269355 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): (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 triaI 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. 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): 1 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 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): Page 2 of 5 CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: SUSAN FOPPIANO VALERIA CASE NUMBER: DEFENDANT/RESPONDENT: LOUIS M. FOPPIANO, et al. SCV-269355 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation 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 ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): Page 3 of 5 CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: SUSAN FOPPIANO VALERIA CASE NUMBER: DEFENDANT/RESPONDENT: LOUIS M. FOPPIANO, et al. SCV-269355 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes 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: Foppiano, et al. v. Valeria, et al. (2) Name of court: Mendocino County Superior Court (3) Case number: 21CV00971 (4) Status: Ongoing partition and accounting. Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII 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. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Written Discovery Per CCP Defendants Depositions Per CCP c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Page 4 of 5 CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: SUSAN FOPPIANO VALERIA CASE NUMBER: DEFENDANT/RESPONDENT: LOUIS M. FOPPIANO, et al. SCV-269355 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. 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): 1 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 Monica J. Lehre, Esq. (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 Susan Foppiano Valera, an individual v. Louis M. Foppiano, an individual, et al. SCV-269355 18 1 1 1 PROOF OF SERVICE 2 I am employed in the County of Sonoma, California. 3 I am over the age of eighteen (18) years and not a party to the within cause; my business 4 address is 3550 Round Barn Blvd., Suite 312, Santa Rosa, CA 95403. On March 19, 2024, I 5 served a true copy of the attached: 6 DEFENDANT’S CASE MANAGEMENT STATEMENT 7 on the involved parties in said cause, in the manner indicated as follows: 8 James F. DeMartini, Esq. Attorneys for Plaintiff 9 Law Offices of James F. DeMartini SUSAN FOPPIANO VALERA 115 W. 1st Street 3550 Round Barn Blvd., Suite 312, Santa Rosa, CA 95403 10 Cloverdale, CA 95425 Telephone: (707) 800-0550 Facsimile: (707) 800-0551 Telephone: 707-894-5000 11 jim@cloverdalelaw.com Kori@cloverdalelaw.com B E R RY & F R I T Z I N G E R , P . C . 12 Amy Harrington, Esq. Attorney for Court Appointed Partition Harrington Law, P.C. Referee 13 846 Broadway LINDA POND Sonoma, CA 95476 14 Telephone: (415) 558-7700 Facsimile: (415) 558-7701 15 amy@amyharringtonlaw.com phoebe@amyharringtonlaw.com 16  (BY MAIL) By placing a true copy thereof in a sealed envelope, with postage thereon 17 fully prepaid for first-class mail, in the designated outgoing mail receptacle at Berry & Fritzinger, P.C. for collection by another employee who is responsible in the normal 18 course of business, for depositing the stamped envelopes for mailing this same day in the United States Mail at Santa Rosa, California. 19  (BY PERSONAL SERVICE) By placing a true and correct copy of the above- 20 referenced document(s) enclosed in a sealed envelope and causing such envelope to be delivered by hand to the addressee(s) at the address(es) noted above. 21  (BY E-MAIL) I caused a true and correct copy of the above-referenced document(s) to 22 be transmitted by e-mail to the above-referenced e-mail addresses. 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. Executed March 19, 2024 at Santa Rosa, California. 25 ____________________________ 26 Tracey Poueu-Guerrero 27 28 1 PROOF OF SERVICE