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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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Andrew L. Jared (SBN 216935); Jon R. di Cristina (SBN 282278)
Colantuono, Highsmith & Whatley, PC Exempt from Filing Fees
790 E. Colorado Boulevard, Suite 850 Government Code § 6103
Pasadena, CA 91101-2109
TELEPHONE NO.: (213) 542-5700 FAX NO. (Optional): (213) 542-5710

E-MAIL ADDRESS (Optional): JdiCristina@chwlaw.us

ATTORNEY FOR (Name): City of Chico; City Council of Chico

SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
5/26/2020
STREET ADDRESS: 1775 Concord Avenue

MAILING ADDRESS:

Chico 95928
CITY AND ZIP CODE:

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): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)

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

Notice of Intent to Appear by Telephone, by (name): Jon R. di Cristina

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): City of Chico and City Council of Chico
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): November 4, 2019
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):
Petition and complaint for writ, declaratory, and injunctive relief for alleged unlawful approval of land use
entitlement and alleged violation of CEQA (Pub. Resources Code, sec. 21000 et seq.)
Page 1 of 5
Form 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.courts.ca.gov
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Frank Solinsky
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.)
Petitioner alleges the City of Chico violated its Municipal Code, the California Building Code, and CEQA (Pub.
Resources Code, sec. 21000 et seq.) when the City issued a decision regarding a development project on a
parcel near property Petitioner owns. Petitioner seeks to set aside the City's decision and to recover damages
Petitioner allegedly sustained from that decision. The City contends all relevant actions it took were lawful.

(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):
b. hours (short causes) (specify): 4 hours

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. E-mail 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 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):
California Rules of Court, rule 3.811(b)(1)
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Frank Solinsky
19CV03324
DEFENDANT/RESPONDENT: City of Chico, et seq.

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
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

(6) Other (specify): ADR session scheduled for (date):

Agreed to complete ADR session by (date):

ADR completed on (date):

CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Frank Solinsky
19CV03324
DEFENDANT/RESPONDENT:

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):
Please see section 18.

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

c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):

CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
Frank Solinsky
PLAINTIFF/PETITIONER:
19CV03324
DEFENDANT/RESPONDENT: City
of Chico, et seq.

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.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 filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):

18. Other issues
C8:I
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Real Party CHAT has withdrawn the project application that Petitioner challenges, rendering
this matter moot. The City expects the parties to dismiss the case by stipulation or motion very soon. After that,
the City expects a motion for attorney fees from Petitioner, which the City plans to oppose.

19. Meet and confer
a. cg)
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: May 26, 2020

Jon R. di Cristina (SBN 282278)
(TYPE OR PRINT NAME)
► Ip,£~
-- (SIGNATURE OF PARTY OR ATTORNEY)

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

0 Additional signatures are attached.

CM-110 [Rev. July 1, 2011) Page 5 of5
CASE MANAGEMENT STATEMENT
AmerlcaaLeplNet,lnc.
( www Form,Wnckf1ow mm
1 PROOF OF SERVICE
Frank Solinsky v. City of Chico et al.
2 Butte County Case No. 19CV03324
3 I, Maria Oba Minassian, declare:
4 I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 790 E. Colorado Boulevard, Suite 850,
5 Pasadena, California 91101-2109. My email address is: mobaminassian@chwlaw.us. On May 26,
2020, I served the document(s) described as CASE MANAGEMENT STATEMENT on the
6 interested parties in this action addressed as follows:
7 SERVICE LIST ATTACHED
8  BY MAIL: The envelope was mailed with postage thereon fully prepaid. I am readily
familiar with the firm’s practice of collection and processing correspondence for mailing.
9 Under that practice it would be deposited with the U.S. Postal Service on that same day with
postage thereon fully prepaid at Pasadena, California, in the ordinary course of business. I
10 am aware that on motion of the party served, service is presumed invalid if the postal
cancellation date or postage meter date is more than one day after service of deposit for
mailing in affidavit.
PC

11
SUITE 850
W h a t l e y,

12  BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
PASADENA, CA 91101-2109

agreement of the parties to accept service by e-mail or electronic transmission, by causing the
790 E. COLORADO BOULEVARD,

13 documents to be sent to the persons at the e-mail addresses listed on the service list on July 3,
&

2018, from e-mail address: _____________ @chwlaw.us. No electronic message or other
Highsmith

14 indication that the transmission was unsuccessful was received within a reasonable time after
the transmission.
15
I declare under penalty of perjury under the laws of the State of California that the above is
Colantuono,

16 true and correct.
17 Executed on May 26, 2020, at Pasadena, California.
18

19 /s/ Maria Oba Minassian
_________________
20 Maria Oba Minassian

224217.1
1 Service List
2
Walter P. McNeill Attorneys for Petitioner/Plaintiff
3 McNeill Law Offices Frank Solinsky
3330 Churn Creek Road, Suite D2
4 Redding, CA 96002
WMcNeil@McnLaw.com
5 (530) 222-8992
6 Robert L. Berry Attorneys for Petitioner/Plaintiff
448 W. 2nd Ave. Frank Solinsky
7 Chico, CA 95926
rob@rlberrylaw.com
8 (831) 334-4066
9 Christopher Heckman, Esq. Attorneys for Real Parties in Interest
Jackson Glick, Esq.
10 Sac Valley Law
660 Ohio Street
Gridley, CA 95948
PC

11
SUITE 850

Chris@SacValleyLaw.com
W h a t l e y,

12 Jackson@SacValleyLaw.com
PASADENA, CA 91101-2109
790 E. COLORADO BOULEVARD,

13
Highsmith &

15
Colantuono,

224217.1

Case Info

Judge

Tamara L. Mosbarger Track Judge’s New Case

Case No.

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Document Filed Date

May 26, 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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