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CM-11O 5/
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Barnumber. and address):
Roger S. Wilson, Deputy County Counsel (SBN 186741)
%
Butte County Counsel
25 County Center Drive, Suite 210
Oroville, CA 95965 __ ,
TELEPHONE N0.: (530)538_7621 FAXNO.(Opljona/):( _ 3-—
) F
E-MAIL ADDRESS (Optional):
l
County of Butte
l
County
ATTORNEY FOR (Name): of Butte
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
STREET ADDRESS:
MAILING ADDRESS:
1775 Concord Avenue
CITYANDZIP CODE:Chico CA, 95928
BRANCH NAME:
North Butte County Courthouse
PLAINTIFF/PETITIONER: Ernesto Orozco & Alberto Tejeda
DEFENDANT/RESPONDENT:
County of Butte
CASE NUMBER:
CASE MANAGEMENT STATEMENT
(Check one): C] UNLIMITED CASE IX] LIMITED CASE
16CV03152
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Dateiseptember 15, 2017 Time: 10:30 am. Dept-I Div.I 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):
[X]
a.
b. I: This statement is submitted by party (name):Butte County Respondents
This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintifi‘s and cross-complainants only)
a. The complaint was filed on (date):
b. l:l The cross—complaint, if any, was filed on (date):
3.
a.
b.
I:
Servlce (to be answered by plaintiffs and cross-complainants only)
CI
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
(1) l:l have not been served (specify names and explain why not):
(2) l:l have been served but have not appeared and have not been dismissed (specify names):
(3) l:l have had a default entered against them (specify names):
0. l:l 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 [XI complaint I: cross-complaint
Petition for Writ of Mandate filed December 29, 2016.
(Describe, including causes of action):
This case has settled. There are no pending
issues and the Writ is moot. Respondents have requested and are awaiting dismissal by Petitioner.
Page1of 5
Form Adopted for Mandatory Use Cal. Rules of Court.
Judicial Com” 0, California
CASE MANAGEMENT STATEMENT rules 3.7204130
CM-110 [Rev. July 1, 2011] www.couris.ce.gov
CM-110
CASE NUMBER:
_ PLAINT'FF/PET'TIONERI Ernesto Orozco & Alberto Tejeda
DEFENDANT/RESPONDENT:County 16CV03152
of Butte
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 data [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.)
Petition for Writ of Mandate filed December 29, 2016. This case has settled and Respondents have
requested and are awaiting dismissal by Petitioner. There will be no Administrative Record filed.
5.
I: (If more space is needed,
Jury or nonjury trial
check this box and attach a page designated as Attachment 4b.)
The party or parties request
requesting a jury trial):
|:] a jury trial [:1 a nonjury trial. (If more than one party, provide the name of each party
6. Trial date
a. CI The trial has been set for (date):
b. [:1 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):
0. 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. I:] days (specify number):
b. I:I hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial
a. Attorney:
|:| by the attorney or party listed in the captionI: by the following:
b. Firm:
0. Address:
d. Telephone number: f. Fax number.
e. E-mail address: 9. Party represented:
I:I 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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel I: has I: has not provided the ADR information package identified
b.
(2) For self-represented parties: PartyI: has i:
in rule 3.221 to the client and reviewed ADR options with the client.
has not reviewed the ADR information
Referral tojudicial arbitration or civil action mediation (if available).
package identified in rule 3.221.
(1) C] mediation under
1141.11 or to civil action
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section
ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit. ~
(2) El 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) [:1 of the California Rules of Courtor from civil action
This case is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-11U[Rev. July 1.2011] PageZotS
CASE MANAGEMENT STATEMENT
/ \‘,
CM-110
CASE NUMBER:
PLAINT'FF/PET‘T’ONER Ernesto Orozco & Alberto Tejeda
-
DEFENDANT/RESPONDENT County of Butte 16CV03152
10. c. 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 [:1 DUDE]
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference DUDE
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
HEIDI]
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Nonbinding judicial Judicial arbitration scheduled for (date):
(4)
arbitration DUDE
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
not yet scheduled
Private arbitration
Binding private Private arbitration scheduled for (date):
(5) HEIDI]
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): IIIIIIEIEI
Agreed to complete ADR session by (date):
ADR completed on (date):
July 1. 2011]
CM—110 [Ravi Page 3 of 5
CASE MANAGEMENT STATEMENT
l
’-‘._z" x, .
CMfllQ
CASE NUMBER‘
_ PLA'NT'FF/PET'T'ONERiEmesto Orozco & Alberto Tejeda .
DEFENDANT/RESPONDENT:County of Butte 16CV03152
11. Insurance
a. El Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: El Yes C] No
c. :1 Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Status:
Bankruptcy I:
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
[:1 Other (specify):
13. Related cases, consolidation, and coordination
a. |:] There are companion, underlying, or related cases.
Name of case:
(1)
(2)Name of court:
(3)Case number:
Status:
b.
I:
E
(4)
Additional cases are described in Attachment 13a.
A motion to (:1 consolidate [:1 coordinate will be filed by (name party):
14. Bifurcation
:1 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
E] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16.
a.
b.
I:
Discovery
[:1
The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
N/A
c, |:] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-l 10 [Rev. July
2011]
1.
CASE MANAGEMENT STATEMENT 0'5
Page 4
CM-110
. , CASE NUMBER:
PMINT'FF’PET'TIONER- & Alberto TeJeda
_ Ernesto Orozco
DEFENDANT/RESPONDENT: County of Butte 16CV03152
17.
a. I:
Economic litigation
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. I:] 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):
The County has received 11 identical Writ Petitions filed by Petitioner's counsel. Ten of the
underlying Code Enforcement cases have settled, but as of this date, only four Writs have been
dismissed. The County is awaiting dismissal of the remaining, settled Writs and respectfully requests
that this Court inquire with Petitioner's counsel regarding the dismissals.
19. Meet and confer
a. CI 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 Califomia Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
Iam 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: August Z’L, 2017
Roger S. Wilson P @IM/V
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
E] Additional signatures are attached.
CM-110[Rev.July1.2011] PageSofs
CASE MANAGEMENT STATEMENT
PROOF OF SERVICE
I am a citizen of the United States and employed in the County of Butte; Iam over
the age of eighteen years and not a party to the within action. My business address is
Office of the County Counsel, 25 County Center Drive, Oroville, California 95965. I am
readily familiar with the County's practice for collection and processing of
correspondence/documents for mailing with the United States Postal Service and that said
correspondence/documents are deposited with the United States Postal Service in the
ordinary course of business on the same day.
On August £41, 2017, Iserved the within CASE MANAGEMENT STATEMENT on
the interested parties in said action by placing a true copy thereof in a sealed envelope and
following ordinary business practices, said envelope was placed for mailing and collection
(in the offices of the Butte County Administration Building) in the appropriate place for mail
collected for deposit with the United States Postal Services on the above date and
addressed as indicated below.
Albert Tejeda Alberto Tejeda Charnel James, Esq.
0 Four Junes Way 1777 Taylor Street Law Office of Charnel James
Palermo, CA 95968 Yuba City, CA 95993 1110 Civic Center Blvd., Suite 304
Yuba City, CA 95993-3017
I declare under penalty of perjury that the foregoing is true and correct under the
laws of the State of California and that this declaration was executed this August ail,
2017, at Oroville, California.
Beverly Tafichman
My.
Preview
” . . .1 63:94 ”‘9 ”Wm" "°‘= ’“” V CM-11O 5/ é / W ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Barnumber. and address): Roger S. Wilson, Deputy County Counsel (SBN 186741) % Butte County Counsel 25 County Center Drive, Suite 210 Oroville, CA 95965 __ , TELEPHONE N0.: (530)538_7621 FAXNO.(Opljona/):( _ 3-— ) F E-MAIL ADDRESS (Optional): l County of Butte l County ATTORNEY FOR (Name): of Butte SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte STREET ADDRESS: MAILING ADDRESS: 1775 Concord Avenue CITYANDZIP CODE:Chico CA, 95928 BRANCH NAME: North Butte County Courthouse PLAINTIFF/PETITIONER: Ernesto Orozco & Alberto Tejeda DEFENDANT/RESPONDENT: County of Butte CASE NUMBER: CASE MANAGEMENT STATEMENT (Check one): C] UNLIMITED CASE IX] LIMITED CASE 16CV03152 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Dateiseptember 15, 2017 Time: 10:30 am. Dept-I Div.I 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): [X] a. b. I: This statement is submitted by party (name):Butte County Respondents This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintifi‘s and cross-complainants only) a. The complaint was filed on (date): b. l:l The cross—complaint, if any, was filed on (date): 3. a. b. I: Servlce (to be answered by plaintiffs and cross-complainants only) CI All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. The following parties named in the complaint or cross-complaint (1) l:l have not been served (specify names and explain why not): (2) l:l have been served but have not appeared and have not been dismissed (specify names): (3) l:l have had a default entered against them (specify names): 0. l:l 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 [XI complaint I: cross-complaint Petition for Writ of Mandate filed December 29, 2016. (Describe, including causes of action): This case has settled. There are no pending issues and the Writ is moot. Respondents have requested and are awaiting dismissal by Petitioner. Page1of 5 Form Adopted for Mandatory Use Cal. Rules of Court. Judicial Com” 0, California CASE MANAGEMENT STATEMENT rules 3.7204130 CM-110 [Rev. July 1, 2011] www.couris.ce.gov CM-110 CASE NUMBER: _ PLAINT'FF/PET'TIONERI Ernesto Orozco & Alberto Tejeda DEFENDANT/RESPONDENT:County 16CV03152 of Butte 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 data [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.) Petition for Writ of Mandate filed December 29, 2016. This case has settled and Respondents have requested and are awaiting dismissal by Petitioner. There will be no Administrative Record filed. 5. I: (If more space is needed, Jury or nonjury trial check this box and attach a page designated as Attachment 4b.) The party or parties request requesting a jury trial): |:] a jury trial [:1 a nonjury trial. (If more than one party, provide the name of each party 6. Trial date a. CI The trial has been set for (date): b. [:1 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): 0. 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. I:] days (specify number): b. I:I hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial a. Attorney: |:| by the attorney or party listed in the captionI: by the following: b. Firm: 0. Address: d. Telephone number: f. Fax number. e. E-mail address: 9. Party represented: I:I 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel I: has I: has not provided the ADR information package identified b. (2) For self-represented parties: PartyI: has i: in rule 3.221 to the client and reviewed ADR options with the client. has not reviewed the ADR information Referral tojudicial arbitration or civil action mediation (if available). package identified in rule 3.221. (1) C] mediation under 1141.11 or to civil action This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. ~ (2) El 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) [:1 of the California Rules of Courtor from civil action This case is exempt from judicial arbitration under rule 3.811 mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-11U[Rev. July 1.2011] PageZotS CASE MANAGEMENT STATEMENT / \‘, CM-110 CASE NUMBER: PLAINT'FF/PET‘T’ONER Ernesto Orozco & Alberto Tejeda - DEFENDANT/RESPONDENT County of Butte 16CV03152 10. c. 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 [:1 DUDE] Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference DUDE Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): HEIDI] (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Nonbinding judicial Judicial arbitration scheduled for (date): (4) arbitration DUDE Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): not yet scheduled Private arbitration Binding private Private arbitration scheduled for (date): (5) HEIDI] 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): IIIIIIEIEI Agreed to complete ADR session by (date): ADR completed on (date): July 1. 2011] CM—110 [Ravi Page 3 of 5 CASE MANAGEMENT STATEMENT l ’-‘._z" x, . CMfllQ CASE NUMBER‘ _ PLA'NT'FF/PET'T'ONERiEmesto Orozco & Alberto Tejeda . DEFENDANT/RESPONDENT:County of Butte 16CV03152 11. Insurance a. El Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: El Yes C] No c. :1 Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Status: Bankruptcy I: Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [:1 Other (specify): 13. Related cases, consolidation, and coordination a. |:] There are companion, underlying, or related cases. Name of case: (1) (2)Name of court: (3)Case number: Status: b. I: E (4) Additional cases are described in Attachment 13a. A motion to (:1 consolidate [:1 coordinate will be filed by (name party): 14. Bifurcation :1 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 E] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. a. b. I: Discovery [:1 The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date N/A c, |:] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-l 10 [Rev. July 2011] 1. CASE MANAGEMENT STATEMENT 0'5 Page 4 CM-110 . , CASE NUMBER: PMINT'FF’PET'TIONER- & Alberto TeJeda _ Ernesto Orozco DEFENDANT/RESPONDENT: County of Butte 16CV03152 17. a. I: Economic litigation 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. I:] 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): The County has received 11 identical Writ Petitions filed by Petitioner's counsel. Ten of the underlying Code Enforcement cases have settled, but as of this date, only four Writs have been dismissed. The County is awaiting dismissal of the remaining, settled Writs and respectfully requests that this Court inquire with Petitioner's counsel regarding the dismissals. 19. Meet and confer a. CI 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 Califomia Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): Iam 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: August Z’L, 2017 Roger S. Wilson P @IM/V (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E] Additional signatures are attached. CM-110[Rev.July1.2011] PageSofs CASE MANAGEMENT STATEMENT PROOF OF SERVICE I am a citizen of the United States and employed in the County of Butte; Iam over the age of eighteen years and not a party to the within action. My business address is Office of the County Counsel, 25 County Center Drive, Oroville, California 95965. I am readily familiar with the County's practice for collection and processing of correspondence/documents for mailing with the United States Postal Service and that said correspondence/documents are deposited with the United States Postal Service in the ordinary course of business on the same day. On August £41, 2017, Iserved the within CASE MANAGEMENT STATEMENT on the interested parties in said action by placing a true copy thereof in a sealed envelope and following ordinary business practices, said envelope was placed for mailing and collection (in the offices of the Butte County Administration Building) in the appropriate place for mail collected for deposit with the United States Postal Services on the above date and addressed as indicated below. Albert Tejeda Alberto Tejeda Charnel James, Esq. 0 Four Junes Way 1777 Taylor Street Law Office of Charnel James Palermo, CA 95968 Yuba City, CA 95993 1110 Civic Center Blvd., Suite 304 Yuba City, CA 95993-3017 I declare under penalty of perjury that the foregoing is true and correct under the laws of the State of California and that this declaration was executed this August ail, 2017, at Oroville, California. Beverly Tafichman My.