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Cllll-110
slele sar numeer end address)70546
ATTQRNEY QR PARTY IMTHDUT ATTDRNEY fNeme, FOR COURT USE ONLY
Jeffrey A. Clark
2999 Overland Avenue, Suite 127
Los Angeles, CA 90064 9/10/2020
rELEPHDNCNo. (310) 815-9440 FAR No fopdonss(310) 815-0518
E-MA ~ . ADDREss foprmneii jclark@clark-law.nst
ATTQRNEY FQRJNsmsiROCky TOp RentalS, LLC
8UPERI0R coURT oF GALIFoRNIA, coUNTY QF Butte
sTREETADDREss. 1775 Concord Avenue
MAILlNG ADDREss. 1 775 Collcol d Ave llUs
clTYANDzlPcDDE Chico, 95928
BRANGH NAME:
Nolth Butte County Courthouse
PLAINTIFF/PETITIQNER: Rocky ToP Rentals, LLC
DEFENDANT/REsPoNDENT'Mark L. Miller, an individual
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): H UNLIIIIIITED CASE
(Amount demanded
W~ LIMITED CASE
(Amount demanded is $ 25,000
20CVOI006
exceeds $ 25,000) orless)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 16, 2020 Time: 10:30 a.m. Dept.:1 Divd Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name)f Jeffrey A. Clark & Associates, A.P.L.C.
INSTRUCTIONS: All applicable boxes must be checked, snd the specified information must be provided.
1. Party or parties (answer one):
a.
b. ~
C/3 This statement is submitted by party (name): Rocky Top Rentals, LLC., a Limited Liability Company
This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs snd cross-compisinsnts only)
a.
b. ~
The complaint was filed on (date):May 13, 2020
The cross-complaint, if any, was filed on (dsie):
3. Service (fo be answered by plaintiffs and cross-complainanls only)
a.
b. ~
~d All parties named in the complaint and cross-complaint have been served, have appeared, or have bssn dismissed.
(1) ~
The following parties named in the complaint or cross-complaint
have not been served (specify names and exp/ain why nof):
(2) ~ have been sewed but have not appeared and have not been dismissed (specify names):
(3) ~W have had a default entered against them (specify names):
c. ~ Mark L. Miller, an individual
The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which
they msy be servedj:
Description of case
4.
a Type of case in K complaint H cross-complaint (Describe, including causes of ection):
Breach of Contract, Claim and Delivery. Defendant entered into a Rental Purchase Agreement for a portable
storage building and ceased making the payments when dus.
paerr
1of 6
Form Adopled for Mandatory Use
Judrdal Coundl of Caslomls
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3 720-3.T30
CM-11D [Rev. July 1, 2011I wwwoouds.oa.dov
CM-110
CASE NUMBER;
PLAINTIFF/PETITIONER; Rocky Top Rentals, LLC
20CV01006
DEFENDANT/RESPONDENT Mark L. Miller, an individual
b. Provide a brief statement of the case, including any damages. (Il personal injury damages are sought, specify lheinjury and
damages claimed, including medical expenses lo date (Indicate source and amount), estimated future medical expenses, lost
earnings Io date, snd estimated future lost earnings. If equitable relief is sought
describe the nature of the relief)
Breach of Contract, Claim and Delivery. Defendant entered into a Rental Purchase Agreement for a portable
storage building and ceased making the payments when due. Damages now in excess of $ 6,364.11, plus
attorney's fees and costs.
(If more space is needed, check this box snd attach a page designated as Attachment 4b.)
5 Jury or nonjury trial
The party or parties request
requesting ajury trial):
C] a jury trialK a nonjury trial. (lf more than one party, provide the name of each party
Plaintiff anticipates filing a full default judgment package submitted in the next 30 to 60 days.
6
a.
b.
~
Trial date
~ The trial has been set for (date):
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 (lf
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
a.
b.
~
The party or parties estimate that the trial will take (check one):
days (specify number):
~J'ours 2-4 hours.
(short causes) (specify):
a. Attorney:
~
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:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
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 H has H has not
in rule 3.221 to the client and reviewed ADR options with the client.
provided the ADR information package identified
(2) Forself-represented parties: PartyH has tX has not reviewed theADR information package identifiedinrule3.221.
b.
(1) ~
Referral to judicial arbitration or civil action mediation (if available).
This matter is subject to mandatory judicial arbitration under Cods 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
CivilProcedure section 1141.11.
(3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq(specify exempffonj:
CM-110 IReu. July 1,2011] eese 2 or 0
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER.
Rocky Top Rentals, LLC
EFENDANT/RESPONDENT:
20CV01006
Mark L. Miller, an individual !
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 participatedin(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 (Bllsch a copy of the parties'DR
processes (check all that apply):sll pulall on):
Mediation session not yet scheduled
Mediation session scheduled for (dele):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (dale):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (dale):
conference
Agreed to complete settlement conference by (dale):
Settlement conference completed on (dale):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (dale):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (dale):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (dale):
arbitration
Agreed to complete judicial arbitration by (dale):
Judicial arbitration completed on (dale):
Private arbitration not yst scheduled
(5) Binding private Private arbitration scheduled for (dale):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (dale):
ADR session not yet scheduled
ADR session scheduled for (dale):
(6) Other (specify):
Agreed to complete ADR session by (dale):
ADR completed on (date);
CM-110 [Reu. July 1, 2011) PageSole
CASE MANAGEMENT STATEMENT
PLAINTIFF/PETITIQNER. 'Rocky Top Rentals, LLC CASE NUMBER:
20CV01006
DEFENDANT/REsPQNDENT; Mark L. Miller, an individual
a. ~
11. Insurance
Insurance carrier, if any, for party filing this statement
H H (name):
b.
c. ~
Reservation of fights: Yes No
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.
M Bankruptcy H Other (specify):
Status:
a ~
13. Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
b.
~
H
(4) Status:
A motion to consolidate ~
Additional cases are described in Attachment 13a.
H coordinate willbe 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
and reasons):
action (specify moving party, lype of motion,
15. Other motions
The party or parties expect to file the following motions before trial (specify moving parry, type of motion, end issues):
Plaintiff anticipates filing a full default judgment package submitted in the next 30 to 60 days.
16.
a.
b.
~
Discovery
~ The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
~Part Descriotion Date
c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
antiapated (specify):
CM-1 10 IRev. July 1, 2041I page 4 014
CASE MANAGEMENT STATEMENT
CM-110
CASE NIJMSER.
PLAINTIFF/PETITIQNER: Rocky Top Rentals, LLC
20CV01006
pFFENOANTJRFspONOFNTI Mark L. Miller,an individual
17.
a. ~
Economic litigation
This is a limited civil case (i.eu the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code
b ~ of Civil Procedure sections 90-98 will apply to this case.
case and a motion to withdraw the case from the economic litigation procedures or for additional
This is a limited civil
discovery will be filed (il checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
16.
~
Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (speci fy):
Plaintiff anticipates filing a full default judgment package submitted in the next 30 to 60 days.
19.
a, ~
Meet and confer
The party or parties have met and conferred with afi parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferringas required agree on the following
by rule 3.724 of the California Rules of Court, the parties
(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
nter into stipulations on these issues at the time of
the case managemegconference, including the written authority of the
party@He
Date: September t)2020
Jeffrey A. Clark, SBN 70546
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
~ (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 IRav July I, 2011] Page 6 of 6
CASE MANAGEMENT STATEMENT
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Cllll-110 slele sar numeer end address)70546 ATTQRNEY QR PARTY IMTHDUT ATTDRNEY fNeme, FOR COURT USE ONLY Jeffrey A. Clark 2999 Overland Avenue, Suite 127 Los Angeles, CA 90064 9/10/2020 rELEPHDNCNo. (310) 815-9440 FAR No fopdonss(310) 815-0518 E-MA ~ . ADDREss foprmneii jclark@clark-law.nst ATTQRNEY FQRJNsmsiROCky TOp RentalS, LLC 8UPERI0R coURT oF GALIFoRNIA, coUNTY QF Butte sTREETADDREss. 1775 Concord Avenue MAILlNG ADDREss. 1 775 Collcol d Ave llUs clTYANDzlPcDDE Chico, 95928 BRANGH NAME: Nolth Butte County Courthouse PLAINTIFF/PETITIQNER: Rocky ToP Rentals, LLC DEFENDANT/REsPoNDENT'Mark L. Miller, an individual CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): H UNLIIIIIITED CASE (Amount demanded W~ LIMITED CASE (Amount demanded is $ 25,000 20CVOI006 exceeds $ 25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 16, 2020 Time: 10:30 a.m. Dept.:1 Divd Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name)f Jeffrey A. Clark & Associates, A.P.L.C. INSTRUCTIONS: All applicable boxes must be checked, snd the specified information must be provided. 1. Party or parties (answer one): a. b. ~ C/3 This statement is submitted by party (name): Rocky Top Rentals, LLC., a Limited Liability Company This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs snd cross-compisinsnts only) a. b. ~ The complaint was filed on (date):May 13, 2020 The cross-complaint, if any, was filed on (dsie): 3. Service (fo be answered by plaintiffs and cross-complainanls only) a. b. ~ ~d All parties named in the complaint and cross-complaint have been served, have appeared, or have bssn dismissed. (1) ~ The following parties named in the complaint or cross-complaint have not been served (specify names and exp/ain why nof): (2) ~ have been sewed but have not appeared and have not been dismissed (specify names): (3) ~W have had a default entered against them (specify names): c. ~ Mark L. Miller, an individual The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which they msy be servedj: Description of case 4. a Type of case in K complaint H cross-complaint (Describe, including causes of ection): Breach of Contract, Claim and Delivery. Defendant entered into a Rental Purchase Agreement for a portable storage building and ceased making the payments when dus. paerr 1of 6 Form Adopled for Mandatory Use Judrdal Coundl of Caslomls CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3 720-3.T30 CM-11D [Rev. July 1, 2011I wwwoouds.oa.dov CM-110 CASE NUMBER; PLAINTIFF/PETITIONER; Rocky Top Rentals, LLC 20CV01006 DEFENDANT/RESPONDENT Mark L. Miller, an individual b. Provide a brief statement of the case, including any damages. (Il personal injury damages are sought, specify lheinjury and damages claimed, including medical expenses lo date (Indicate source and amount), estimated future medical expenses, lost earnings Io date, snd estimated future lost earnings. If equitable relief is sought describe the nature of the relief) Breach of Contract, Claim and Delivery. Defendant entered into a Rental Purchase Agreement for a portable storage building and ceased making the payments when due. Damages now in excess of $ 6,364.11, plus attorney's fees and costs. (If more space is needed, check this box snd attach a page designated as Attachment 4b.) 5 Jury or nonjury trial The party or parties request requesting ajury trial): C] a jury trialK a nonjury trial. (lf more than one party, provide the name of each party Plaintiff anticipates filing a full default judgment package submitted in the next 30 to 60 days. 6 a. b. ~ Trial date ~ The trial has been set for (date): 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 (lf not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial a. b. ~ The party or parties estimate that the trial will take (check one): days (specify number): ~J'ours 2-4 hours. (short causes) (specify): a. Attorney: ~ 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: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 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 H has H has not in rule 3.221 to the client and reviewed ADR options with the client. provided the ADR information package identified (2) Forself-represented parties: PartyH has tX has not reviewed theADR information package identifiedinrule3.221. b. (1) ~ Referral to judicial arbitration or civil action mediation (if available). This matter is subject to mandatory judicial arbitration under Cods 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 CivilProcedure section 1141.11. (3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq(specify exempffonj: CM-110 IReu. July 1,2011] eese 2 or 0 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER. Rocky Top Rentals, LLC EFENDANT/RESPONDENT: 20CV01006 Mark L. Miller, an individual ! 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 participatedin(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 (Bllsch a copy of the parties'DR processes (check all that apply):sll pulall on): Mediation session not yet scheduled Mediation session scheduled for (dele): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (dale): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (dale): conference Agreed to complete settlement conference by (dale): Settlement conference completed on (dale): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (dale): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (dale): arbitration Agreed to complete judicial arbitration by (dale): Judicial arbitration completed on (dale): Private arbitration not yst scheduled (5) Binding private Private arbitration scheduled for (dale): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (dale): ADR session not yet scheduled ADR session scheduled for (dale): (6) Other (specify): Agreed to complete ADR session by (dale): ADR completed on (date); CM-110 [Reu. July 1, 2011) PageSole CASE MANAGEMENT STATEMENT PLAINTIFF/PETITIQNER. 'Rocky Top Rentals, LLC CASE NUMBER: 20CV01006 DEFENDANT/REsPQNDENT; Mark L. Miller, an individual a. ~ 11. Insurance Insurance carrier, if any, for party filing this statement H H (name): b. c. ~ Reservation of fights: Yes No 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. M Bankruptcy H Other (specify): Status: a ~ 13. Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: b. ~ H (4) Status: A motion to consolidate ~ Additional cases are described in Attachment 13a. H coordinate willbe 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 and reasons): action (specify moving party, lype of motion, 15. Other motions The party or parties expect to file the following motions before trial (specify moving parry, type of motion, end issues): Plaintiff anticipates filing a full default judgment package submitted in the next 30 to 60 days. 16. a. b. ~ Discovery ~ The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): ~Part Descriotion Date c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are antiapated (specify): CM-1 10 IRev. July 1, 2041I page 4 014 CASE MANAGEMENT STATEMENT CM-110 CASE NIJMSER. PLAINTIFF/PETITIQNER: Rocky Top Rentals, LLC 20CV01006 pFFENOANTJRFspONOFNTI Mark L. Miller,an individual 17. a. ~ Economic litigation This is a limited civil case (i.eu the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code b ~ of Civil Procedure sections 90-98 will apply to this case. case and a motion to withdraw the case from the economic litigation procedures or for additional This is a limited civil discovery will be filed (il checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 16. ~ Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (speci fy): Plaintiff anticipates filing a full default judgment package submitted in the next 30 to 60 days. 19. a, ~ Meet and confer The party or parties have met and conferred with afi parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferringas required agree on the following by rule 3.724 of the California Rules of Court, the parties (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 nter into stipulations on these issues at the time of the case managemegconference, including the written authority of the party@He Date: September t)2020 Jeffrey A. Clark, SBN 70546 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) ~ (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 IRav July I, 2011] Page 6 of 6 CASE MANAGEMENT STATEMENT