Motion for Case Management in Solinsky, Frank vs City of Chico et al| Trellis.Law

On November 04, 2019 a Party Statement was filed involving a dispute between Solinsky, Frank, and Brendan Vieg - Chico Director Of Community Development, City Council Of Chico, City Of Chico, for civil in the District Court of Butte County.

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Late Filed
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Walter P. McNeill SBN #95865
McNeill Law Offices
3330 Churn Creek Road, Suite D2
Redding, CA 96002

TELEPHONE NO.:(530) 222-8992 (530) 222-8892
FAX NO. (Optional):

wmcneill@mcnlaw.com
E-MAIL ADDRESS (Optional):
Plaintiff/Petitioner Frank Solinsky
ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
3/11/2020
sTREET ADDRESS:1775 Concord Avenue, Chico, CA
MAILING ADDREss:1775 Concord Avenue, Chico, CA
CITY AND ZIP cooE: Chico, CA
95928
BRANCH NAME: North Butte County Courthouse

PLAINTIFF/PETITIONER: Frank Solinsky

DEFENDANT/RESPONDENT: City of Chico, et al.

CASE MANAGEMENT STATEMENT CASE NUMBER:
19CV03324
(Check one): 0 UNLIMITED CASE 0 LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 3/18/2020 Time: 10:30 a.m. Dept.: 1 Div.: Room:
Address of court (if different from the address above):

D 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. 0 This statement is submitted by party (name): Plaintiff/Petitioner Frank Solinsky
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. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [RJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross-complaint
{1) D have not been served (specify names and explain why not):

(2) D have been served put 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 [K] complaint D cross-complaint (Describe, including causes of action).-

Page 1 of 5

Fonn Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720-3.730
CM-110 [Rev. July 1, 2011] www.courls.ca.gov
CM-110
PLAINTIFF/PETITIONER: Frank Solinsky CASE NUMBER:
19CV03324
DEFENDANT/RESPONDENT: City of Chico, 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.)
The Respondent/Defendant City of Chico unlawfully granted a land use entitlement to Real Party CHAT (on a lease from RP
Ball) to build a large, long term, housing facility for seniors/homeless through an "OPDI" [Official Planning Director's
Determination]- unlawfully evading municipal land use requirements , Ca. Building Codes, State Law for shelters, and without
CEQA review. Plaintiff -an adjacent land owner- seeks rescission , damages, CEQA review, and dec./injunctive relief.
D (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. The party or parties request D a jury trial 0 a nonjury trial.(If more than one party, provide the name of each party
requesting a jury trial):

6. Trial date
a. D The trial has been set for(date):
b. [KJ 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. 0 days (specify number): 1 (one) day
b. D hours (short causes) (specify):

8. Trial representation (to be answered for each party)
The party or parties will be represented at trial0 by the attorney or party listed in the captionD by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described in Attachment 8.
9. Preference
[KJ This case is entitled to preference (specify code section): Public Resources Code § 21167.1 -- CEQA
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 D has D 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 D has D has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) D 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) D 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) [KJ 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):

CM·11 0 (Rev. July 1, 2011] Page 2 of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Frank Solinsky CASE NUMBER:
19CV03324
DEFENDANT/RESPONDENT: City of Chico, et al.

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):

D Mediation session not yet scheduled
D Mediation session scheduled for (date):
(1) Mediation D D Agreed to complete mediation by (date):
D Mediation completed on (date):

D Settlement conference not yet scheduled
(2) Settlement D Settlement conference scheduled for(date):
conference D D Agreed to complete settlement conference by(date):
D Settlement conference completed on (date):

D Neutral evaluation not yet scheduled
D Neutral evaluation scheduled for (date):
(3) Neutral evaluation D D Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):

D Judicial arbitration not yet scheduled

(4) Nonbinding judicial D D (date):
Judicial arbitration scheduled for
arbitration D Agreed to complete judicial arbitration by(date):
D Judicial arbitration completed on (date):

D Private arbitration not yet scheduled

(5) Binding private D D Private arbitration scheduled for(date):
arbitration D Agreed to complete private arbitration by (date):
D Private arbitration completed on (date):

D ADR session not yet scheduled
D ADR session scheduled for (date):
(6) Other (specify): D D Agreed to complete ADR session by (date):
D ADR completed on (date):

CM-110 [Rev. July 1, 2011) Page 3 of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Frank Solinsky CASE NUMBER:
19CV03324
DEFENDANT/RESPONDENT: City of Chico, et al.

11. Insurance
a. D Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights:D Yes D No
c. D (explain):
Coverage issues will significantly affect resolution of this case

12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
D Bankruptcy D Other (specify):
Status:

13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.

b. D A motion to D consolidate D coordinate will be filed by (name party):

14. Bifurcation
D 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

D (specify moving party, type of motion, and issues):
The party or parties expect to file the following motions before trial

16. Discovery
a. D 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
TBD

c. [[] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
In regards to Declaratory and Injunctive relief Plaintiff may seek discovery of the City's documentation of Code Enforcement
violations by RP CHAT, grading without a permit, and stop work orders issued by the City. Additional discovery on that claim
may be directed to documentation relating to the USFWS Cease & Desist Order pertaining to removal/destruction of
endangered species habitat by CHAT at the project site.

CM-110 [Rev. July 1, 2011) Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Frank Solinsky CASE NUMBER:
19CV03324
DEFENDANT/RESPONDENT: City of Chico, et al.

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. CJ 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
OQ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Good faith settlement negotiations have occurred and will continue, though no specific outcome can be promised. Plaintiff will
advise the Court of the status at the upcoming hearing.

19. Meet and confer
a. OQ 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. CJ 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: 3/11/2020

Walter P. McNeill
(TYPE OR PRINT NAME)

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)

D Additional signatures are attached.

CM-110 [Rev. July 1. 2011) Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2 I am employed in Shasta County, California; I am over the age of 18 years and not a party to
3 the within action; my business address is MCNEILL LAW OFFICES, 3330 Churn Creek Rd.,
Suite D2, Redding, California 96002; on this date I served:
4
Plaintiff/Petitioner’s CASE MANAGEMENT STATEMENT
5
_X_BY U.S. MAIL: I mailed a true copy thereof in a sealed envelope, with postage thereon
6 fully prepaid, in the United States Mail at Redding, California, addressed as set forth below.
BY FACSIMILE : I caused a true copy of the above document to be sent via facsimile
7
transmission to the office(s) of the parties as set forth below on or before 5:00p.m.
8 ___BY PERSONAL SERVICE: I caused such true copy of the above document to be hand-
delivered to the office(s) of the parties as set forth below.
9 BY FEDERAL EXPRESS: I caused such true copy of the above document to be delivered
to Federal Express for overnight courier service to the office(s) of the parties as set forth
10 above.
__X_BY E-MAIL: I caused a true copy of the above document to be delivered as an
11 attachment to electronic mail sent to the E-mail address of the parties set forth below on or
12 before 5:00 pm.

13
A

Andrew Jared Christopher Heckman, Esq.
COLANTUONO, HIGHSMITH & WHATLEY, PC Jackson Glick, Esq.
14 790 E. COLORADO BLVD., SUITE 850 Sac Valley Law
Pasadena, CA 91101-2109 660 Ohio Street
15 Gridley, CA 95948
email: andrew.jared@chico.gov
16 AJared@chwlaw.us email: Chris@SacValleyLaw.com,
[City Attorney for the City of Chico, and Attorneys Jackson@SacValleyLaw.com
for Respondents] [Attys for Real Parties in Interest- CHAT]
17
18
19 ***************************************************************************************************
I am readily familiar with the firm’s practice of collection and processing correspondence
20 for mailing. Under that practice it would be deposited with the U.S. postal service on that
same day with postage thereon fully prepaid in the ordinary course of business. I am aware
21 that on motion of the party served, service is presumed invalid if postal cancellation date or
22 postage meter date is more than one day after date of deposit for mailing in affidavit.

23 X I hereby certify that the document(s) listed above was/were produced on paper
purchased as recycled.
24 X STATE: I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
25 FEDERAL: I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
26
27
28 Executed on MARCH 11, 2020
at Redding, California Walter P. McNeill

PROOF OF SERVICE

Case Info

Judge

Tamara L. Mosbarger Track Judge’s New Case

Case No.

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Document Filed Date

March 11, 2020

Case Filing Date

November 04, 2019

County

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Party Statement: Solinsky, Frank vs City of Chico et al

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