Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
RICHARD W. FREEMAN, JR., SBN: 50533
Richad Freeman Law Offices
703 Second Street, Suite 350 Santa Rosa, CA 95404
TELEPHONE NO. (707) 757-8206 FAX NO (Optional) (707) 921-7329
E-MAIL ADDRESS (Optional) rfreemanattorney@soniC.net
ATTORNEYFOR(NameJ Defendants & Cross-Complainants Cookman & Toppinq
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
STREET ADDREss 600 Administration Drive
MAILING ADDRESS:
cITY AND zIP coDE Santa Rosa, CA 95403
BRANCH NAME:
PLAINTIFF/PETITIONER: HARMONY HOME INMPROVEMENTS, INC
DEFENDANT/RESPONDENT: KEVIN COOKMAN & KELLY TOPPING
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): W UNLIMITED CASE O LIMITED CASE SCV-272568
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 4-4-24 Time: 3:00 p.m. Dept.: 17 Div.: Room:
Address of court (if different from the address above):
3035 Cleveland Ave, Santa Rosa, CA 95403
[ZJ Notice of Intent to Appear by Telephone, by (name): Richard Freeman
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [lJ This statement is submitted by party (name): Defendants and Cross-Complainants Cookman & Topping
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):
b. [lJ The cross-complaint, if any, was filed on (date): May 5, 2023
3. Service (to be answered by plaintiffs and cross-complainants only)
a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [ZJ The following parties named in the complaint or cross-complaint
(1) [ZJ have not been served (specify names and explain why not):
Clayton Homes & Robin Youngdahl being served; American Contrtactors not yet served
(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 D complaint W cross-complaint (Describe, including causes of action):
RECISSION, FRAUD; Negligent Misrepresenation; Negligence, Money had & Received; Recover on
Contractor's Bond;
Pa e1 of5
Form Adopted for Mandatory Use
Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3. 720-3. 730
CM-110 [Rev. July 1, 2011] www.cowts.ca.gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: HARMONY HOME INMPROVEMENTS, INC
SCV-272568
DEFENDANT/RESPONDENT: KEVIN COOKMAN & KELLY TOPPING
17. Economic litigation
a. D
This is a limited civil case (i.e., the amount demanded is $25,000 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
[I] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Continue CMC for 60 days to allow for service and appearance of Parties on First Amended
Cross-Complaint and of new parties on Harmony Homes Cross-Complaint with Appearances of Counsel
19. Meet and confer
a. W 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 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 re
Date: March 25, 2024
Richard W. Freeman, Jr.
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME)
â–º (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
Page 5 of 5
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT
1
2 PROOF OF SERVICE
3 I am employed in the County of Sonoma, State of California. I am over the age of 18 years
and not a party to the within action. My business address is 50 Santa Rosa Avenue, Suite 400,
4 Santa Rosa, CA 95404. On March 25, 2024 I served the Defendants & Cross-Complainants'
CMC STATEMENT on the parties to this action by serving:
5
6 STEVEN J. BLEASDELL (Bar No. 191522) SEE ATTACHED SERVICE LIST
BEYERS COSTIN SIMON
7 A Professional Corporation
200 Fourth Street, Suite 400
8 P.O. Box 878
Santa Rosa, CA 95402-0878
9
Tel: 707.547.2000
10 Fax: 707.526.2746
sbleasdell@beyerscostin.com
11
II BY U.S. MAIL: I placed each such sealed envelope, with postage thereon fully prepaid for
12 first-class mail, for collection and mailing at the address above, following ordinary business
13 practices. I am readily familiar with the practice for processing of correspondence, said practice
being that in the ordinary course of business, correspondence is deposited in the United States
14 Postal Service the same day as it is placed for processing.
15 // BY PERSONAL SERVICE: I caused each such envelope to be delivered by hand to the
addressee(s) noted above.
16
17 // BY FACSIMILE: I caused the said document(s) to be transmitted by fax to the persons
listed above. The transmission(s) was reported as completed and without error and was properly
18 issued by the transmitting facsimile machine.
19
II BY FEDERAL EXPRESS/OVERNIGHT MAIL: I caused the above-described
20 document(s) to be served by Federal Express or via overnight delivery to the offices of the
addressee(s).
21
22 /xi BY EMAIL OR ELECTRONIC TRANSMISSION: I caused the documents to be sent to
the persons at the e-mail addresses listed above. No electronic message or other indication that the
23 transmission was unsuccessful was received within a reasonable time after the transmission.
24 I declare under penalty of perjury under the la of the State of California that the
foregoing is true and correct.
25
26
Dated: March 25, 2024
27 Richard Freeman
28
POS -1-
1
PROOF OF SERVICE ATTACHMENT
2
HARMONY HOME IMPORVEMENTS INC. v. KEVIN COOKMAN & KELLY TOPPING
3
SCV-272258
4
5
JAMES C. NIELSEN (111889)
6 jnielsen@NKLLP.law
MEGAN W.WENDELL (238423)
7 mwendell@NKLLP.law
NIELSEN KATIBAH LLP
8 100 Smith Ranch Road, Suite 350
San Rafael, California 94903
9 Telephone: (415) 693-0900
Facsimile: (415) 693-9674
10 Attorneys for Plaintiff/Cross-Defendants/Cross-Complainants
HARMONY HOME IMPROVEMENTS, INC.
11 FEDOR CHERNIOGLO
12
Attorneys for Alpha Fire Suppression Systems, Inc. (not yet appeared)
13 TREVIS J. NIEMEYER
WOLFE & WYMAN LLP
14 2033 N. Main Street, Suite 365
Walnut Creek, CA 94596-3726
15 Tel: (925) 708-7000
16 Fax: (925) 475-9203
Email: tjniemeyer@ww.law
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Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY RICHARD W. FREEMAN, JR., SBN: 50533 Richad Freeman Law Offices 703 Second Street, Suite 350 Santa Rosa, CA 95404 TELEPHONE NO. (707) 757-8206 FAX NO (Optional) (707) 921-7329 E-MAIL ADDRESS (Optional) rfreemanattorney@soniC.net ATTORNEYFOR(NameJ Defendants & Cross-Complainants Cookman & Toppinq SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA STREET ADDREss 600 Administration Drive MAILING ADDRESS: cITY AND zIP coDE Santa Rosa, CA 95403 BRANCH NAME: PLAINTIFF/PETITIONER: HARMONY HOME INMPROVEMENTS, INC DEFENDANT/RESPONDENT: KEVIN COOKMAN & KELLY TOPPING CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): W UNLIMITED CASE O LIMITED CASE SCV-272568 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 4-4-24 Time: 3:00 p.m. Dept.: 17 Div.: Room: Address of court (if different from the address above): 3035 Cleveland Ave, Santa Rosa, CA 95403 [ZJ Notice of Intent to Appear by Telephone, by (name): Richard Freeman INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [lJ This statement is submitted by party (name): Defendants and Cross-Complainants Cookman & Topping 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): b. [lJ The cross-complaint, if any, was filed on (date): May 5, 2023 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [ZJ The following parties named in the complaint or cross-complaint (1) [ZJ have not been served (specify names and explain why not): Clayton Homes & Robin Youngdahl being served; American Contrtactors not yet served (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 D complaint W cross-complaint (Describe, including causes of action): RECISSION, FRAUD; Negligent Misrepresenation; Negligence, Money had & Received; Recover on Contractor's Bond; Pa e1 of5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3. 720-3. 730 CM-110 [Rev. July 1, 2011] www.cowts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: HARMONY HOME INMPROVEMENTS, INC SCV-272568 DEFENDANT/RESPONDENT: KEVIN COOKMAN & KELLY TOPPING 17. Economic litigation a. D This is a limited civil case (i.e., the amount demanded is $25,000 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 [I] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Continue CMC for 60 days to allow for service and appearance of Parties on First Amended Cross-Complaint and of new parties on Harmony Homes Cross-Complaint with Appearances of Counsel 19. Meet and confer a. W 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 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 re Date: March 25, 2024 Richard W. Freeman, Jr. (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) â–º (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. Page 5 of 5 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT 1 2 PROOF OF SERVICE 3 I am employed in the County of Sonoma, State of California. I am over the age of 18 years and not a party to the within action. My business address is 50 Santa Rosa Avenue, Suite 400, 4 Santa Rosa, CA 95404. On March 25, 2024 I served the Defendants & Cross-Complainants' CMC STATEMENT on the parties to this action by serving: 5 6 STEVEN J. BLEASDELL (Bar No. 191522) SEE ATTACHED SERVICE LIST BEYERS COSTIN SIMON 7 A Professional Corporation 200 Fourth Street, Suite 400 8 P.O. Box 878 Santa Rosa, CA 95402-0878 9 Tel: 707.547.2000 10 Fax: 707.526.2746 sbleasdell@beyerscostin.com 11 II BY U.S. MAIL: I placed each such sealed envelope, with postage thereon fully prepaid for 12 first-class mail, for collection and mailing at the address above, following ordinary business 13 practices. I am readily familiar with the practice for processing of correspondence, said practice being that in the ordinary course of business, correspondence is deposited in the United States 14 Postal Service the same day as it is placed for processing. 15 // BY PERSONAL SERVICE: I caused each such envelope to be delivered by hand to the addressee(s) noted above. 16 17 // BY FACSIMILE: I caused the said document(s) to be transmitted by fax to the persons listed above. The transmission(s) was reported as completed and without error and was properly 18 issued by the transmitting facsimile machine. 19 II BY FEDERAL EXPRESS/OVERNIGHT MAIL: I caused the above-described 20 document(s) to be served by Federal Express or via overnight delivery to the offices of the addressee(s). 21 22 /xi BY EMAIL OR ELECTRONIC TRANSMISSION: I caused the documents to be sent to the persons at the e-mail addresses listed above. No electronic message or other indication that the 23 transmission was unsuccessful was received within a reasonable time after the transmission. 24 I declare under penalty of perjury under the la of the State of California that the foregoing is true and correct. 25 26 Dated: March 25, 2024 27 Richard Freeman 28 POS -1- 1 PROOF OF SERVICE ATTACHMENT 2 HARMONY HOME IMPORVEMENTS INC. v. KEVIN COOKMAN & KELLY TOPPING 3 SCV-272258 4 5 JAMES C. NIELSEN (111889) 6 jnielsen@NKLLP.law MEGAN W.WENDELL (238423) 7 mwendell@NKLLP.law NIELSEN KATIBAH LLP 8 100 Smith Ranch Road, Suite 350 San Rafael, California 94903 9 Telephone: (415) 693-0900 Facsimile: (415) 693-9674 10 Attorneys for Plaintiff/Cross-Defendants/Cross-Complainants HARMONY HOME IMPROVEMENTS, INC. 11 FEDOR CHERNIOGLO 12 Attorneys for Alpha Fire Suppression Systems, Inc. (not yet appeared) 13 TREVIS J. NIEMEYER WOLFE & WYMAN LLP 14 2033 N. Main Street, Suite 365 Walnut Creek, CA 94596-3726 15 Tel: (925) 708-7000 16 Fax: (925) 475-9203 Email: tjniemeyer@ww.law 17 18 19 20 21 22 23 24 25 26 27 28 -1-