Preview
CM-110
[ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 208 148 FOR COURT USE ONLY
ame:Michael 0. Akhidenor Esq.
Firw Name: Akhidenor Law, PC
streeT appress.6454 Van Nuys Blvd. #150
cy: Van Nuys state: CA zip cone: 91401
TELEPHONE No.: (818)988-0855 Fax No.:(800)376-5094
EMAIL apDREss: Info@akhidenorlaw.com
JATTORNEY FOR (name):Bertha Ochoa
ISUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern
sTREET AppRess: 1215 Truxtun Ave
MAILING ADDRESS:
city an zip cove: Bakersfield 93301
BRANCH Nae: Metropolitan Division Justice Building
PLAINTIFF/PETITIONER: Bertha Ochoa
DEFENDANT/RESPONDENT: Eliseo Ramirez, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [47] UNLIMITED CASE ([) imirep CASE BCV-23-103370
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduied as follows:
Date: 04/08/2024 Time: 8:30 AM Dept.: Div.:H Room:
‘Address of court (if different from the address above):
[7] Notice of Intent to Appear by Telephone, by (name):Michael 0. Akhidenor Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided.
Party or parties (answer one):
a. [V7] This statement is submitted by party (name):Bertha Ochoa
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): 10/09/2023
b. [[7] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-compiainants only)
a. [W777] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. (7_] The following parties named in the complaint or cross-complaint
(1) [7] 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. [[7] 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 ofcase in [47] complaint () cross-complaint (Describe, including causes of action):
Breach of Warranty of Habitability and Related Actions
Page tof 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of Califomia rules 3.720-3.730
CM-110 [Rev, January 1, 2024] eww courts.ca gov
CM-110
PLAINTIFF/PETITIONER: Bertha Ochoa CASE NUMBER:
DEFENDANT/RESPONDENT: Eliseo Ramirez, et al. BCV-23-103370
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 eamings; if equitable relief is sought, describe the nature of the relief):
The problems included but not limited to, flooding under the home, holes in walls, peeling paint and plaster, inoperable outlets, bucked
floor in the hallways, no smoke alarms, rotted window castings, sink leaks, no fan in bathroom, no screens in any of the windows except the
bathroom, broken facets, cracked floor, inoperable light switches, broken window in bedroom, broken cabinets, and mold behind the stove.
([_] (f more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request (V1 a jury triat [J a nonjury trial. (if 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. [7] 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): There is no trial set yet.
c. 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. [V7] days (specify number):5 to 7 Days
b. [—] hours (short causes) (specify):
Trial representation (fo be answered for each party)
The party or parties wilt be represented at trial [¥7] by the attorney or party listed in the caption {1 by the following:
a. Attorney:
b. Firm:
c. Address;
d Telephone number: f Fax number:
2. Email address: g. Party represented:
[£7] 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 [J has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For seif-represented parties: Party [37] 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) [J 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 20f5
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Bertha Ochoa CASE NUMBER:
DEFENDANT/RESPONDENT: Eliseo Ramirez, Does et al. BCV-23-103370
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 tf the party or parties completing this form in the case have agreed to
this form are wilting 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):
[7] Mediation session not yet scheduled
(] Mediation session scheduled for (date):
(1) Mediation w [J Agreed to complete mediation by (date):
[] Mediation completed on (date):
(YJ 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):
(5 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 judiciat () Judicial arbitration scheduled for (date):
arbitration [] Agreed to complete judicial arbitration by (date):
(J Judicial arbitration completed an (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):
[J Agreed to complete ADR session by (date):
([) ADR completed on (date):
Page dof 5
OM-110 [Rev, January 1, 2024) CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Bertha Ochoa ‘CASE NUMBER:
DEFENDANT/RESPONDENT: Eliseo Ramirez, et al. BCV-23-103370
11. Insurance
a. [“] Insurance carrier, if any, for party filing this statement (name).
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.
(—) Bankruptcy [7 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 mation 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):
45. 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.
D. [__] The following discovery will be completed by the date specified (describe all anticipated discovery):
Date
Plaintiff Written Discovery No set date
Plaintiff Deposition No set date
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page 40f §
CM-120 (Rev. January
1, 2024] CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Bertha Ochoa CASE NUMBER:
DEFENDANT/RESPONDENT : Eliseo Ramirez, et al. BCV-23-103370
17. Economic litigation
a. [“] This is a limited civil case (ie., 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. [7] 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):
48. 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
lam completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative 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 conferanca, including the written authority of the party where required.
Date: 3-21. 2Dp2n
Michael 0. Akhidenor Esq. > Au
7
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
> (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
€M-110 (Rev. January 1, 2024) CASE MANAGEMENT STATEMENT Page Sot S
PROOF OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 6454 VAN NUYS BLVD., SUITE
150, VAN NUYS, CA 91401.
on March 22, 2024 I served on interested parties in said action the within:
CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF
On the following person(s):
Eliseo Ramirez
635 Del Mar Dr.
Bakersfield, CA 93307
10
11 _X_BY MAIL: By placing true copies thereofin sealed envelope(s) addressed as stated on
the attached mailing list and placing it for collection and mailing following ordinary business
12
practices.
13
BY FAX: I transmitted a copy of the foregoing document(s) this date via telecopy to the
14 facsimile numbers shown above.
BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the offices|
15:
of the addressee(s).
16
17 Executed on March 22, 2024 at Van Nuys, California.
18
(FES
19
(vinci Bertter
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Preview
CM-110 [ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 208 148 FOR COURT USE ONLY ame:Michael 0. Akhidenor Esq. Firw Name: Akhidenor Law, PC streeT appress.6454 Van Nuys Blvd. #150 cy: Van Nuys state: CA zip cone: 91401 TELEPHONE No.: (818)988-0855 Fax No.:(800)376-5094 EMAIL apDREss: Info@akhidenorlaw.com JATTORNEY FOR (name):Bertha Ochoa ISUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern sTREET AppRess: 1215 Truxtun Ave MAILING ADDRESS: city an zip cove: Bakersfield 93301 BRANCH Nae: Metropolitan Division Justice Building PLAINTIFF/PETITIONER: Bertha Ochoa DEFENDANT/RESPONDENT: Eliseo Ramirez, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [47] UNLIMITED CASE ([) imirep CASE BCV-23-103370 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduied as follows: Date: 04/08/2024 Time: 8:30 AM Dept.: Div.:H Room: ‘Address of court (if different from the address above): [7] Notice of Intent to Appear by Telephone, by (name):Michael 0. Akhidenor Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided. Party or parties (answer one): a. [V7] This statement is submitted by party (name):Bertha Ochoa 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): 10/09/2023 b. [[7] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-compiainants only) a. [W777] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. (7_] The following parties named in the complaint or cross-complaint (1) [7] 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. [[7] 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 ofcase in [47] complaint () cross-complaint (Describe, including causes of action): Breach of Warranty of Habitability and Related Actions Page tof 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of Califomia rules 3.720-3.730 CM-110 [Rev, January 1, 2024] eww courts.ca gov CM-110 PLAINTIFF/PETITIONER: Bertha Ochoa CASE NUMBER: DEFENDANT/RESPONDENT: Eliseo Ramirez, et al. BCV-23-103370 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 eamings; if equitable relief is sought, describe the nature of the relief): The problems included but not limited to, flooding under the home, holes in walls, peeling paint and plaster, inoperable outlets, bucked floor in the hallways, no smoke alarms, rotted window castings, sink leaks, no fan in bathroom, no screens in any of the windows except the bathroom, broken facets, cracked floor, inoperable light switches, broken window in bedroom, broken cabinets, and mold behind the stove. ([_] (f more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request (V1 a jury triat [J a nonjury trial. (if 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. [7] 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): There is no trial set yet. c. 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. [V7] days (specify number):5 to 7 Days b. [—] hours (short causes) (specify): Trial representation (fo be answered for each party) The party or parties wilt be represented at trial [¥7] by the attorney or party listed in the caption {1 by the following: a. Attorney: b. Firm: c. Address; d Telephone number: f Fax number: 2. Email address: g. Party represented: [£7] 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 [J has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For seif-represented parties: Party [37] 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) [J 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 20f5 CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Bertha Ochoa CASE NUMBER: DEFENDANT/RESPONDENT: Eliseo Ramirez, Does et al. BCV-23-103370 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 tf the party or parties completing this form in the case have agreed to this form are wilting 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): [7] Mediation session not yet scheduled (] Mediation session scheduled for (date): (1) Mediation w [J Agreed to complete mediation by (date): [] Mediation completed on (date): (YJ 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): (5 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 judiciat () Judicial arbitration scheduled for (date): arbitration [] Agreed to complete judicial arbitration by (date): (J Judicial arbitration completed an (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): [J Agreed to complete ADR session by (date): ([) ADR completed on (date): Page dof 5 OM-110 [Rev, January 1, 2024) CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Bertha Ochoa ‘CASE NUMBER: DEFENDANT/RESPONDENT: Eliseo Ramirez, et al. BCV-23-103370 11. Insurance a. [“] Insurance carrier, if any, for party filing this statement (name). 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. (—) Bankruptcy [7 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 mation 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): 45. 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. D. [__] The following discovery will be completed by the date specified (describe all anticipated discovery): Date Plaintiff Written Discovery No set date Plaintiff Deposition No set date c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Page 40f § CM-120 (Rev. January 1, 2024] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Bertha Ochoa CASE NUMBER: DEFENDANT/RESPONDENT : Eliseo Ramirez, et al. BCV-23-103370 17. Economic litigation a. [“] This is a limited civil case (ie., 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. [7] 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): 48. 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 lam completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative 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 conferanca, including the written authority of the party where required. Date: 3-21. 2Dp2n Michael 0. Akhidenor Esq. > Au 7 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) > (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. €M-110 (Rev. January 1, 2024) CASE MANAGEMENT STATEMENT Page Sot S PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 6454 VAN NUYS BLVD., SUITE 150, VAN NUYS, CA 91401. on March 22, 2024 I served on interested parties in said action the within: CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF On the following person(s): Eliseo Ramirez 635 Del Mar Dr. Bakersfield, CA 93307 10 11 _X_BY MAIL: By placing true copies thereofin sealed envelope(s) addressed as stated on the attached mailing list and placing it for collection and mailing following ordinary business 12 practices. 13 BY FAX: I transmitted a copy of the foregoing document(s) this date via telecopy to the 14 facsimile numbers shown above. BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the offices| 15: of the addressee(s). 16 17 Executed on March 22, 2024 at Van Nuys, California. 18 (FES 19 (vinci Bertter 20 21 22 23 24