Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 191432 FOR COURT USE ONLY
NAME: Christopher A. Fortunati
FIRM NAME: Law Offices of David A. Esquibias
ELECTRONICALLY FILED
STREET ADDRESS: 2625 Townsgate Road, Suite 330
Superior Court of California
CITY: Westlake Village STATE: CA ZIP CODE: 91361
County of Santa Barbara
TELEPHONE NO.: (805) 267-1141 FAX NO.: (805) 267-1140 Darrel E. Parker, Executive Officer
EMAIL ADDRESS: caf@trustandfamilylaw.com 5/2/2024 10:53 AM
ATTORNEY FOR (name): David Robert Corral By: Erin Josie , Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS: 1100 Anacapa Street 312 E. Cook Street
MAILING ADDRESS: Santa Maria, CA 93454
CITY AND ZIP CODE: Santa Barbara, CA 93101
BRANCH NAME: Cook Division
PLAINTIFF/PETITIONER: David Robert Corral
DEFENDANT/RESPONDENT: Laughlin Audio, Video, Electric, Inc., a California Corporation, Phillipe
Velasquez, An Individual, And Does 1-50
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE 24CV00206
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 05/15/2024 Time: 8:30 Dept.: 4 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
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): David Robert Corral
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): 1/16/2024
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):
Discrimination Based Upon Gender; Harassment Based on Gender and Creation of a Hostile Work Environment; Reprisal; Failure
to pay wages; Meal and Rest Period Violations; Retaliation; Non-Complaint Wage Statements; Emotional Distress;
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: David Robert Corral CASE NUMBER:
DEFENDANT/RESPONDENT: Laughlin Audio, Video, Electric, Inc., a California Corporation, Phillipe
24CV00206
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):
Plaintiff is making a variety of claims related to his constructive discharge based upon discrimination, harassment and violations of
the Labor Code. Plaintiff is also asserting that Defendants created and fostered a hostile work environment.
(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): 4
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: David Robert Corral CASE NUMBER:
DEFENDANT/RESPONDENT: Laughlin Audio, Video, Electric, Inc., a California Corporation, Phillipe
24CV00206
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: David Robert Corral CASE NUMBER:
DEFENDANT/RESPONDENT: Laughlin Audio, Video, Electric, Inc., a California Corporation, Phillipe
24CV00206
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:
(2) Name of court:
(3) Case number:
(4) Status:
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
Plaintiff Form Interrogatories October 2024
Plaintiff Special Interrogatories October 2024
Plaintiff Request for Production October 2024
Plaintiff Depo of Defendant January 2025
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: David Robert Corral CASE NUMBER:
DEFENDANT/RESPONDENT: Laughlin Audio, Video, Electric, Inc., a California Corporation, Phillipe
24CV00206
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):
After meeting and conferring with Defendants’ counsel Plaintiff filed a first amended complaint and is awaiting Defendant’s
responsive pleading
19. Meet and confer
a. x 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):
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: 04/30/2024
Christopher A. Fortunati
(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
1 PROOF OF SERVICE
2 State of California )
) ss
3 County of Ventura )
4
I am over the age of 18 and not a party to this action. I am
5 employed in the County of Ventura, State of California. My
business address is 2625 Townsgate Road, Suite 330, Westlake
6 Village, CA 91361.
7 On May 1, 2024, I served the foregoing PROOF OF SERVICE on
each party in this action by placing a true copy of thereof
8
enclosed in a sealed envelope addressed as follows:
9
Natalie Mutz, Attorney for Laughlin Audio Video Electric, Inc. and
10 Philipe Velasquez
Fauver, Large, Archbald & Spray, LLP
11 820 State Street, Fourth Floor
Santa Barbara, CA 93101
12
13 [x] (BY MAIL) As follows: I am familiar with the firm's
practice of collection and processing of correspondence for
14 mailing. Under this practice, on the same day that correspondence
is placed for collection and mailing with postage thereon fully
15 prepaid, the sealed envelope is deposited in the ordinary course
of business with the United States Postal Service located in
16 Westlake Village, California.
17
[ ] (BY E-MAIL OR ELECTRONIC TRANSMISSION) I caused such
18 document to be e-mailed to the addressee at the e-mail address set
forth beneath their above-listed address. I did not receive,
19 within a reasonable time after the transmission, any electronic
message or other indication that the transmission was
20 unsuccessful.
21
Executed on May 1, 2024, at Westlake Village, California.
22
I declare under penalty of perjury under the laws of the
23 State of California that the foregoing is true and correct.
24
_____________________________
25
Brittany Kapp
26
27
28
- 1 -
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 191432 FOR COURT USE ONLY NAME: Christopher A. Fortunati FIRM NAME: Law Offices of David A. Esquibias ELECTRONICALLY FILED STREET ADDRESS: 2625 Townsgate Road, Suite 330 Superior Court of California CITY: Westlake Village STATE: CA ZIP CODE: 91361 County of Santa Barbara TELEPHONE NO.: (805) 267-1141 FAX NO.: (805) 267-1140 Darrel E. Parker, Executive Officer EMAIL ADDRESS: caf@trustandfamilylaw.com 5/2/2024 10:53 AM ATTORNEY FOR (name): David Robert Corral By: Erin Josie , Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 1100 Anacapa Street 312 E. Cook Street MAILING ADDRESS: Santa Maria, CA 93454 CITY AND ZIP CODE: Santa Barbara, CA 93101 BRANCH NAME: Cook Division PLAINTIFF/PETITIONER: David Robert Corral DEFENDANT/RESPONDENT: Laughlin Audio, Video, Electric, Inc., a California Corporation, Phillipe Velasquez, An Individual, And Does 1-50 CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 24CV00206 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 05/15/2024 Time: 8:30 Dept.: 4 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): 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): David Robert Corral 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): 1/16/2024 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): Discrimination Based Upon Gender; Harassment Based on Gender and Creation of a Hostile Work Environment; Reprisal; Failure to pay wages; Meal and Rest Period Violations; Retaliation; Non-Complaint Wage Statements; Emotional Distress; 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: David Robert Corral CASE NUMBER: DEFENDANT/RESPONDENT: Laughlin Audio, Video, Electric, Inc., a California Corporation, Phillipe 24CV00206 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): Plaintiff is making a variety of claims related to his constructive discharge based upon discrimination, harassment and violations of the Labor Code. Plaintiff is also asserting that Defendants created and fostered a hostile work environment. (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): 4 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: David Robert Corral CASE NUMBER: DEFENDANT/RESPONDENT: Laughlin Audio, Video, Electric, Inc., a California Corporation, Phillipe 24CV00206 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: David Robert Corral CASE NUMBER: DEFENDANT/RESPONDENT: Laughlin Audio, Video, Electric, Inc., a California Corporation, Phillipe 24CV00206 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: (2) Name of court: (3) Case number: (4) Status: 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 Plaintiff Form Interrogatories October 2024 Plaintiff Special Interrogatories October 2024 Plaintiff Request for Production October 2024 Plaintiff Depo of Defendant January 2025 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: David Robert Corral CASE NUMBER: DEFENDANT/RESPONDENT: Laughlin Audio, Video, Electric, Inc., a California Corporation, Phillipe 24CV00206 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): After meeting and conferring with Defendants’ counsel Plaintiff filed a first amended complaint and is awaiting Defendant’s responsive pleading 19. Meet and confer a. x 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): 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: 04/30/2024 Christopher A. Fortunati (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 1 PROOF OF SERVICE 2 State of California ) ) ss 3 County of Ventura ) 4 I am over the age of 18 and not a party to this action. I am 5 employed in the County of Ventura, State of California. My business address is 2625 Townsgate Road, Suite 330, Westlake 6 Village, CA 91361. 7 On May 1, 2024, I served the foregoing PROOF OF SERVICE on each party in this action by placing a true copy of thereof 8 enclosed in a sealed envelope addressed as follows: 9 Natalie Mutz, Attorney for Laughlin Audio Video Electric, Inc. and 10 Philipe Velasquez Fauver, Large, Archbald & Spray, LLP 11 820 State Street, Fourth Floor Santa Barbara, CA 93101 12 13 [x] (BY MAIL) As follows: I am familiar with the firm's practice of collection and processing of correspondence for 14 mailing. Under this practice, on the same day that correspondence is placed for collection and mailing with postage thereon fully 15 prepaid, the sealed envelope is deposited in the ordinary course of business with the United States Postal Service located in 16 Westlake Village, California. 17 [ ] (BY E-MAIL OR ELECTRONIC TRANSMISSION) I caused such 18 document to be e-mailed to the addressee at the e-mail address set forth beneath their above-listed address. I did not receive, 19 within a reasonable time after the transmission, any electronic message or other indication that the transmission was 20 unsuccessful. 21 Executed on May 1, 2024, at Westlake Village, California. 22 I declare under penalty of perjury under the laws of the 23 State of California that the foregoing is true and correct. 24 _____________________________ 25 Brittany Kapp 26 27 28 - 1 - PROOF OF SERVICE