Preview
CM-110
~
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address):
Christopher Q. Heckman, Esq. 300526
SacValIeyLaw LLP
660 Ohio Street/PO Box 908 Late Filed
Gridley, CA 95948
530-846-5691 FAX No.(0priona/): 530-846-5738 Superb! Guu of Cliil'mll
TELEPHONE No.:
ChriS@Sacva”eylaW.C0m
E-MAIL ADDRESS (Optional):
F
Count! 0f Bum
Chico
ATTORNEY FOR (Name): Housing Action Team
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Butte
STREET ADDRESS: 1775 CONCORD AVENUE Eumr—m
3/10/2020 gUr—
MAILING ADDRESS:
CITY AND ZIP CODE:CHICO, CA 95928
BRANCH NAME: Civil Division
PLAINTIFF/PETITIONER; Frank Solinsky r FILED
DEFENDANT/RESPONDENT: City of Chico, et al
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): m UNLIMITED CASE
(Amount demanded
D LIMITED CASE
(Amount demanded is $25,000
19CV03324
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
10:30 a.m. Dept: 1 Div.: Room:
Date: 03/18/2020 Time:
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 specied information must be provided.
1. Party or parties (answer one):
a. m This statement is submitted by party (name): Chico Housing Action Team
b. D This statement is submitted jointly byparties(names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was led on (date):
b. D The cross-complaint. if any, was led on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. D All parties named in the complaint and cross-complaint have been sewed, 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 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
they
following additional parties may be added (specify names, nature of involvement in case, and the date by
may be served):
which
4. Description of case
a. Type of case in m complaint D cross-complaint (Describe, including causes ofaction):
injunctive relief for alleged unlawful approval of land use
Petition and Complaint for writ, declaratory and
entitlement and alleged violation of CEQA (Pub. Resources Code, sec. 21000 et seq.)
Page1of 5
CASE MANAGEMENT STATEMENT Cal. Rules of Court.
Em
Form Adopted for Mandatory Use, . rules 3.7203730
CEB
Judicial Council «California Esselld www.courtscagov
CM-t 10 [Rev. July 1, 201 1]
I
CM-110
PLAINTIFF/PETITIONER: Frank Solinsky CASE NUMBER:
19CV03324
DEFENDANT/RESPONDENT: City of Chico, et al
the injury and
4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify
source and amount], estimated future medical expenses, lost
damages claimed, including medical expenses to date ndicate
earnings to date, and estimated future lost eamings. Ifequitablereliefissought, describe the nature of therelief.)
Resources Code,
Petitioner alleges the City of Chico vioIated its Municipal Code, the California Building Code, and CEQA (Pub.
development project on a parcel near property Petitioner
sec 21000 et seq.) when the City issued decision regarding a
sustained from
owns. Petitioner seeks to set aside the City's decision and to recover damages Petitioner allegedly
that decision. Chico Housing Action Team contends allrelevant actions ittook were lawful.
D (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 D a jury trial m a nonjury trial. (Ifmore than one party, provide the name of each party
requesting a jury tn'al):
6. Trial date
a. D The trial has been set for (date):
of the complaint (if
b. m No trial date has been set. This case will be ready for trial within 12 months of the date of the
ling
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. D days (specify number):
b. m hours (short causes) (specify): 4
Trial representation (to be answered for each party)
8.
The party or parties will be represented at trial m by the attorney or party listed in the caption D 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
D 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 m has D has not provided the ADR information package identied
in rule 3.221to 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 identied in rule3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) D mediation under of Code ofCivilProcedure section 1775.3 because the amount incontroversy does
or to civil action
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11
not exceed the
statutory limit.
(2) D in Code of
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied
Civil Procedure section 1141 .1 1.
(3) m of the California Rules of Court or 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):
California Rules of Court, rule 3.811(b)(1)
CM-110iRev. July
1.2011i CASE MANAGEMENT STATEMENT Paaews
CEB' Essential
alum [FIFO—"'3'
CM-110
PLAINTIFF/PETITIONER:Frank Solinsky CASE NUMBER:
19CVO3324
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 app/y and provide the specied information):
The party or parties completing lf 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):
W Mediation session not yet scheduled
(1) Mediation m D Mediation session scheduled for (date):
D Agreed to complete mediation by (date):
D Mediation completed on (date):
m Settlement conference not yet scheduled
(2) Settlement
m D Settlement conference scheduled for(date):
conference
D Agreed to complete settlement conference I
by (date).
D Settlement conference completed on (date):
D Neutral evaluation not yetscheduled
(3) Neutral evaluation D a Neutral evaluation scheduled for (date):
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 Judicial arbitration scheduled for (date):
arbitration
D Agreed to complete judicial arbitration by (date):
D Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private a D Private arbitration scheduled for (date):
arbitrat'on
I
a Agreed to complete private arbitration by (date):
D Private arbitration completed on (date):
D ADR session not yet scheduled
(6) Other (specify): D D ADR session scheduled for (date):
D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-1 1o (Rev. July 1. 201 1) CASE MANAGEMENT STATEMENT page 3 or s
~
' Essentld
CM-110
PLAINTIFF/PETITIONER: Frank Solinsky cAse NUMBER:
19CV03324
DEFENDANT/RESPONDENT: City of Chico, et al
11. Insurance
a.
b.
D
Reservation of rights: D Yes
this statement (name):
Insurance carrier, if any, for party ling
D No
c. D Coverage issues will signicantlyaffect 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.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
Name of case:
(1)
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
D D
b. D A motion to consolidate coordinate will be led by (name party):
14. Bifurcation
D The party or parties intend to lea 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
m The party or parties expect tole the following motions before trial (specify moving party, type of motion, and issues):
a Motion for Summary Adjudication if/when
If settlement negotiations fail, CHAT is likely to e
CHAT renders case moot by withdrawing application regarding contested project.
16. Discovery
a. D The party or parties have completed all discovery.
b. m The following discovery will be completed by the date specied (describe all anticipated discovery):
Date
Party Description
Frank SOlinSky Written discovery related to party standing to seek relief requested05/2020
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-Ho [Revs July
1. 201 11 CASE MANAGEMENT STATEMENT Page 4 at s
CEB'
«boom E m
Essentld
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 Iitigation 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 led (if checked, explain Specically why economic Iitigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
D 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. m 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): _—__. dispute resolution,
l am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative
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: 03/10/2020
Christopher O Heckman
(TYPE 0R PRINT NAME)
’ v
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE 0R PRINT NAME) (SIGNATURE OF PARTY 0R ATTORNEY)
D Additional signatures are attached.
CM-1 10 [Rem July 1. 201 11 CASE MANAGEMENT STATEMENT Page 5 or 5
ff
PROOF OF SERVICE
I am employed in the County of Butte, State of California. I am over the age of eighteen
years and not a party to the within above-entitled action; my business address is: 660 Ohio Street
P.O. Box 908, Gridley, CA 95948.
On March 10, 2020, I served the following documents:
Case Management Statement
in the following manner:
(BY MAIL) By placing a true copy thereofenclosed in a sealed envelope, postage prepaid
with the U. S. Postal Service at Gridley, California 95948, addressed as follows:
10
Jon R. di Cristina
11
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Boulevard, Suite 850
12
Pasadena, CA 91101-2109
13 JdiCristina@chwlaw.us
14 Walter P. McNeill
15
McNeill Law Ofces
3330 Churn Creek Road, Suite D2
16 Redding, CA 96002
WMcNeill@Manaw.com
17
Robert L. Berry
l8
448 w. 2nd Avenue
19 Chico, CA 95926
rob@rlbegylaw.com
20
21 I, SARA MULL, declare under penalty of perjury under the laws of the State of California
22 that the foregoing is true and correct.
23 Executed on March 10, 2020, at Gridley, California.
24
25
26
27
28
Preview
CM-110 ~ FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address): Christopher Q. Heckman, Esq. 300526 SacValIeyLaw LLP 660 Ohio Street/PO Box 908 Late Filed Gridley, CA 95948 530-846-5691 FAX No.(0priona/): 530-846-5738 Superb! Guu of Cliil'mll TELEPHONE No.: ChriS@Sacva”eylaW.C0m E-MAIL ADDRESS (Optional): F Count! 0f Bum Chico ATTORNEY FOR (Name): Housing Action Team SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Butte STREET ADDRESS: 1775 CONCORD AVENUE Eumr—m 3/10/2020 gUr— MAILING ADDRESS: CITY AND ZIP CODE:CHICO, CA 95928 BRANCH NAME: Civil Division PLAINTIFF/PETITIONER; Frank Solinsky r FILED DEFENDANT/RESPONDENT: City of Chico, et al CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): m UNLIMITED CASE (Amount demanded D LIMITED CASE (Amount demanded is $25,000 19CV03324 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: 10:30 a.m. Dept: 1 Div.: Room: Date: 03/18/2020 Time: 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 specied information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): Chico Housing Action Team b. D This statement is submitted jointly byparties(names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was led on (date): b. D The cross-complaint. if any, was led on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been sewed, 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 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 they following additional parties may be added (specify names, nature of involvement in case, and the date by may be served): which 4. Description of case a. Type of case in m complaint D cross-complaint (Describe, including causes ofaction): injunctive relief for alleged unlawful approval of land use Petition and Complaint for writ, declaratory and entitlement and alleged violation of CEQA (Pub. Resources Code, sec. 21000 et seq.) Page1of 5 CASE MANAGEMENT STATEMENT Cal. Rules of Court. Em Form Adopted for Mandatory Use, . rules 3.7203730 CEB Judicial Council «California Esselld www.courtscagov CM-t 10 [Rev. July 1, 201 1] I CM-110 PLAINTIFF/PETITIONER: Frank Solinsky CASE NUMBER: 19CV03324 DEFENDANT/RESPONDENT: City of Chico, et al the injury and 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify source and amount], estimated future medical expenses, lost damages claimed, including medical expenses to date ndicate earnings to date, and estimated future lost eamings. Ifequitablereliefissought, describe the nature of therelief.) Resources Code, Petitioner alleges the City of Chico vioIated its Municipal Code, the California Building Code, and CEQA (Pub. development project on a parcel near property Petitioner sec 21000 et seq.) when the City issued decision regarding a sustained from owns. Petitioner seeks to set aside the City's decision and to recover damages Petitioner allegedly that decision. Chico Housing Action Team contends allrelevant actions ittook were lawful. D (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 D a jury trial m a nonjury trial. (Ifmore than one party, provide the name of each party requesting a jury tn'al): 6. Trial date a. D The trial has been set for (date): of the complaint (if b. m No trial date has been set. This case will be ready for trial within 12 months of the date of the ling 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. D days (specify number): b. m hours (short causes) (specify): 4 Trial representation (to be answered for each party) 8. The party or parties will be represented at trial m by the attorney or party listed in the caption D 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 D 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 m has D has not provided the ADR information package identied in rule 3.221to 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 identied in rule3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D mediation under of Code ofCivilProcedure section 1775.3 because the amount incontroversy does or to civil action This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 not exceed the statutory limit. (2) D in Code of Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied Civil Procedure section 1141 .1 1. (3) m of the California Rules of Court or 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): California Rules of Court, rule 3.811(b)(1) CM-110iRev. July 1.2011i CASE MANAGEMENT STATEMENT Paaews CEB' Essential alum [FIFO—"'3' CM-110 PLAINTIFF/PETITIONER:Frank Solinsky CASE NUMBER: 19CVO3324 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 app/y and provide the specied information): The party or parties completing lf 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): W Mediation session not yet scheduled (1) Mediation m D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on (date): m Settlement conference not yet scheduled (2) Settlement m D Settlement conference scheduled for(date): conference D Agreed to complete settlement conference I by (date). D Settlement conference completed on (date): D Neutral evaluation not yetscheduled (3) Neutral evaluation D a Neutral evaluation scheduled for (date): 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 Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private a D Private arbitration scheduled for (date): arbitrat'on I a Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-1 1o (Rev. July 1. 201 1) CASE MANAGEMENT STATEMENT page 3 or s ~ ' Essentld CM-110 PLAINTIFF/PETITIONER: Frank Solinsky cAse NUMBER: 19CV03324 DEFENDANT/RESPONDENT: City of Chico, et al 11. Insurance a. b. D Reservation of rights: D Yes this statement (name): Insurance carrier, if any, for party ling D No c. D Coverage issues will signicantlyaffect 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. Name of case: (1) (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. D D b. D A motion to consolidate coordinate will be led by (name party): 14. Bifurcation D The party or parties intend to lea 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 m The party or parties expect tole the following motions before trial (specify moving party, type of motion, and issues): a Motion for Summary Adjudication if/when If settlement negotiations fail, CHAT is likely to e CHAT renders case moot by withdrawing application regarding contested project. 16. Discovery a. D The party or parties have completed all discovery. b. m The following discovery will be completed by the date specied (describe all anticipated discovery): Date Party Description Frank SOlinSky Written discovery related to party standing to seek relief requested05/2020 c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-Ho [Revs July 1. 201 11 CASE MANAGEMENT STATEMENT Page 4 at s CEB' «boom E m Essentld 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 Iitigation 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 led (if checked, explain Specically why economic Iitigation procedures relating to discovery or trial should not apply to this case): 18. Other issues D 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. m 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): _—__. dispute resolution, l am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative 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: 03/10/2020 Christopher O Heckman (TYPE 0R PRINT NAME) ’ v (SIGNATURE OF PARTY OR ATTORNEY) (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY 0R ATTORNEY) D Additional signatures are attached. CM-1 10 [Rem July 1. 201 11 CASE MANAGEMENT STATEMENT Page 5 or 5 ff PROOF OF SERVICE I am employed in the County of Butte, State of California. I am over the age of eighteen years and not a party to the within above-entitled action; my business address is: 660 Ohio Street P.O. Box 908, Gridley, CA 95948. On March 10, 2020, I served the following documents: Case Management Statement in the following manner: (BY MAIL) By placing a true copy thereofenclosed in a sealed envelope, postage prepaid with the U. S. Postal Service at Gridley, California 95948, addressed as follows: 10 Jon R. di Cristina 11 Colantuono, Highsmith & Whatley, PC 790 E. Colorado Boulevard, Suite 850 12 Pasadena, CA 91101-2109 13 JdiCristina@chwlaw.us 14 Walter P. McNeill 15 McNeill Law Ofces 3330 Churn Creek Road, Suite D2 16 Redding, CA 96002 WMcNeill@Manaw.com 17 Robert L. Berry l8 448 w. 2nd Avenue 19 Chico, CA 95926 rob@rlbegylaw.com 20 21 I, SARA MULL, declare under penalty of perjury under the laws of the State of California 22 that the foregoing is true and correct. 23 Executed on March 10, 2020, at Gridley, California. 24 25 26 27 28