Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
NAME: Amanda J. Fornwalt, Esq.,#231593/E. Jennie Barkinskaya, Esq., #231593
FIRM NAME: Chapman Glucksman
STREET ADDRESS: 11900 W. Olympic Blvd., Suite 800
CITY: Los Angeles STATE: CA ZIP CODE: 90064
TELEPHONE NO.: (310) 207-7722 FAX NO.: (310) 207-6550
EMAIL ADDRESS: afornwalt@cgdrlaw.com/jbarkinskaya@cgdrlaw.com
ATTORNEY FOR (name): Def. PARS-15 LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 3131 Arrow Street
MAILING ADDRESS:
CITY AND ZIP CODE: Bakersfield, CA 93308
BRANCH NAME:
PLAINTIFF/PETITIONER: Craig Wiggs
DEFENDANT/RESPONDENT: Krystal Waller, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one):
X UNLIMITED CASE LIMITED CASE BCV-23-100672
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: April 23, 2024 Time: 8:30 a.m. Dept.: T2 Div.: Room:
Address of court (if different from the address above):
X Notice of Intent to Appear by Telephone, by (name): E. Jennie Barkinskaya, Esq.
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): PARS-15, LLC
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): Plaintiff's
complaint alleges causes of action for Violation of California Civil Code §1942.4;
Tortious Breach of the Warranty of Habitability; Private Nuisance;Business &
Professions Code 17200 et seq., Negligence; Breach of Covenant of Private Enjoyment
and Intentional Infliction of Emotional Distress.
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
1601.011
CM-110
PLAINTIFF/PETITIONER: Craig Wiggs CASE NUMBER:
BCV-23-100672
DEFENDANT/RESPONDENT: Krystal Waller, et al.
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.)
This matter arises from Plaintiff's allegations of Defendant failing to correct the
alleged substandard conditions regarding his tenancy at the subject property
located at 3400 15th Street West, Unit 111, Rosamond, CA 93560. Defendant denies
Plaintiff's allegations.
(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
X 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):
5/10/24; 5/20/24; 6/3/24; 7/9/24; 7/23/24; 9/16/24; 9/23/24; 10/27/24;
10/28/24; 11/15/24; 11/18/24; 11/26/24; 1/7/25; 1/27/25; 5/20/25;
6/23/25; 7/1/25;7/8/25; 7/21/25
7. Estimated length of trial
The party or parties estimate that the trial will take (check one)
a. X days (specify number): 5-7 days
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial X 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 X 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) X 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):
amount in controversy exceeds $50,000
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: Craig Wiggs CASE NUMBER:
BCV-23-100672
DEFENDANT/RESPONDENT: Krystal Waller, et al.
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
CM-110
PLAINTIFF/PETITIONER: Craig Wiggs CASE NUMBER:
BCV-23-100672
DEFENDANT/RESPONDENT: Krystal Waller, et al.
11. Insurance
a. X Insurance carrier, if any, for party filing this statement (name): Am Trust North America
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. X There are companion, underlying, or related cases.
(1) Name of case: Crystal Fields v. PARS-15, LLC
(2) Name of court: Kern County Superior Court
(3) Case number: BCV-23-100850
(4) Status: Consolidated on March 28, 2024
X Additional cases are described in Attachment 13a.
b. A motion to X 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
X The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motions in limine; all other motions reserved.
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 Written discovery per code
Defendant Depositions per code
Defendant Expert discovery per code
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
CM-110
PLAINTIFF/PETITIONER: Craig Wiggs CASE NUMBER:
BCV-23-100672
DEFENDANT/RESPONDENT: Krystal Waller, et al.
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: April 8, 2024
E. Jennie Barkinskaya, 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
Attachment 13a
1. Name of Case: Kyle v. PARS-15, LLC Name
of Court: Kern County Superior Court Case
No.: BCV-23-100849-BCB
Status: Consolidated on March 28, 2024
2. Name of Case: Trish Carter v. PARS-15, LLC
Name of Court: Kern County Superior Court
Case No.: BCV-23-100851-DRZ
Status: Consolidated on March 28, 2024
3. Name of Case: Cooks v. PARS-15, LLC
Name of Court: Kern County Superior Court
Case No.: BCV-23-100851-DRZ
Status: Consolidated on March 28, 2024
4. Name of Case: Tracy v. PARS-15, LLC Name
of Court: Kern County Superior Court Case
No.: BCV-23-100996
Status: Consolidated on March 28, 2024
5. Name of Case: Esparza v. PARS-15, LLC
Name of Court: Kern County Superior Court
Case No.: BCV-23-101463
Status: Consolidated on March 28, 2024
6. Name of Case: Garcia v. PARS-15, LLC
Name of Court: Kern County Superior Court
Case No.: BCV-23-101748
Status: Consolidated on March 28, 2024
1 PROOF OF SERVICE
2 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 11900 W. Olympic Boulevard, Suite
3 800, Los Angeles, CA 90064.
4 On April 8, 2024, I served the foregoing document(s) described as: CASE
MANAGEMENT STATEMENT on the interested parties in this action, at the addresses listed
5 below, as follows:
6
SEE ATTACHED SERVICE LIST
7
8 ☐ For Collection. By placing a true copy (copies) thereof enclosed in a sealed
envelope(s), addressed as above, and by placing said sealed envelope(s) for collection and mailing
9 on that date following ordinary business practices. I am “readily familiar” with the business’
practice for collection and processing of correspondence for mailing the U.S. Postal Service. Under
10 that practice, it would be deposited with the U.S. Postal Service on that same day with postage
11900 WEST OLYMPIC BOULEVARD, SUITE 800
thereon fully prepaid at Los Angeles, California, in the ordinary course of business.
TELEPHONE (310) 207-7722 | FAX (310) 207-6550
11
LOS ANGELES, CALIFORNIA 90064
Electronic Mail. Via e-mail to the address shown below.
CHAPMAN GLUCKSMAN, P.C.
☐
12
☐ Eservice Stipulated to between the Parties. “Pursuant to the parties’ agreement to
SERVICE@CGDRLAW.COM
13 electronic service, I sent an electronic copy of the document(s) described herein to the persons at
the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission,
14 any electronic message or other indication that the transmission was unsuccessful.”
15 ☒ Eservice for Mandatory Courts. By transmitting a copy of the foregoing
document(s) via internet/electronic mail to a Court Approved e-filing/e-service portal ONELEGAL
16 for service on all parties in this case via their email addresses pursuant to the General Court Order
authorizing e-service of documents.
17
☒ State. I declare under penalty of perjury under the laws of the State of California
18 that the foregoing is true and correct.
19 Executed on April 8, 2024, at Los Angeles, California.
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21 KERI WINDRIM
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1601.011 3
PROOF OF SERVICE
1 SERVICE LIST
2
JACOB 0. PARTIYELI, ESQ. Silvia Chung Schaffer, Esq.
3 Law Office of Jacob 0. Partiyeli Natalie Oh, Esq.
Complex Litigation Bureau Everett Dorey LLP
4 4751 Whittier Blvd. 18300 Von Karman Avenue, Suite 900
Los Angeles, California. 90022 Irvine CA 92612
5 Phone: 310-801-1919 Tel:: 949.774.2005
Fax: 323-647-2387 Mobile: 949.975.9742
6 Attorneys for Plaintiff Fax: 949.377.3110
E-service Email: complex@jacobfights.com sschaffer@everettdorey.com
7 Armando@jacobfights.com noh@everettdorey.com
8
Karl Schlecht, Esq.
9 Jihoon Kim, Esq.
Tressler LLP
10 2 Park Plaza, Suite 1050
11900 WEST OLYMPIC BOULEVARD, SUITE 800
Irvine, CA 92614
TELEPHONE (310) 207-7722 | FAX (310) 207-6550
11 Tel: 949-336-1636
LOS ANGELES, CALIFORNIA 90064
Fax: 949-752-0645
CHAPMAN GLUCKSMAN, P.C.
12 jkim@tresslerllp.com
KSchlecht@tresslerllp.com
SERVICE@CGDRLAW.COM
13 MDardis@tresslerllp.com
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1601.011 4
PROOF OF SERVICE