Preview
CM-110
ATTQRNEY QR pARTY wITHQUT ATTQRNEY
(Namestate Bar number, and address) FOR COURT USE ONLY
James F Waite, Esq, SBN 078475
LAW OFFICES OF SAMUEL G GRADER
)t'ai"'AM
555 Mission Street,Suite
TELEPHONB NO
320, San
415-932-7223
Francisco, CA 94105
866-853-8846
FaX NO (Optional)
F 3I: I( E
EMAILADDRESS (Optional) MATEQ C(ouM7Y
Equity One,
ATTDRNEY FQR (Name) Ino
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
sTREETADDREss Hall of Justice& Records
CleQD,f eQ
MAILiNBADDR ss400 County Center
cITYANDzipcoDE Redwood City CA 94063 Sy
BRANOH NAME Souther'n Branch
PLAINTIFF/PETITIQNER Luis Paez
DEFENDANT/REsPQNDENT Equity One, inc, et al,
*AMENDED
(Check one)
CASE
(Amount demanded
~
MANAGEMENTSTATEMENT
~v'NLIMITEDCASE LIMITEDCASE
(Amount demanded is $ 25,000
CASE NUViBER
CIV 529263
exceeds $ 25,000) orless)
A CASE MANAGEMENTCONFERENCE is scheduledas follows
Date 10/29/2014 Time 09 00 am Dept 7 Div Room 8B/2J
Address of court (if different from the address
above)
Notice of Intent to Appearby Telephone, by (name): James F Waite/N La Force/R Levine/S Chiappella
INSTRUCTIONS All applicableboxes must be checked, and the specifiedinformation must be provided
1 Party or parties(answerone)
~v'his
a
b ~ statement
This statement
is submitted
by party (name) Equity One,
lointly by parttes
is submitted (names)
Inc
2 Complaint and cross-complaint (to be answered by platntrtfs and cross-complainants
only)
a The complaint was filed on (date)
b ~v'he cross-complaint, was filed on (date)
if any, On or after 10/9/14
3 Service (to be answeredby platntiffs and cross-comp/a)nants
only)
M
a
b ~ All parties
(1) ~
named in the complaint and
The following parties
have
named
not been
cross-complainthave been served,
In the complaint or cross-complaint
served (specify namesand explain why not)
have appeared, or have been dismissed
Cross-complaint]ust being filed
(2) M have been servedbut have not appearedand have not been dismissed (specify names)
(3) ~ have had a default entered
againstthem (specify names)
c ~ The following additional
they may be served)
partiesmay be added (specify names,nature of involvement in case,
and date by which
4 Descnption of case
Type of casein CZ comp(aint C] cross-complaint (Descnbe, including causesof action)
Psqc1of 3
Form Adopled for Mandatory Use
Judicial Counal ot California CASE MANAGEMENTSTATEMENT Csl Rules of Court
rules 3 720-3 730
Ciu110 [Rev July 1
2011) www courts ca gov
CM-110
cAsE NUMBER
PLAINTIFF/PETITIONER Luis Paez
CIV 529263
DEFENDANT/RESPONDENT Equity One, Inc, et al,
4 b Provide a bnef statementof the case,
including any damages (Ifpersonalinlury damagesare sought,specify the inlury and
damages claimed,including medical expensesto date and amount),
(indicate source estimated future medical expenses,
lost
earningsto date,and estimated If equitable
future lost earnings relief is sought,
descnbe the natureof the relief)
alleged personal in)uries from fall at shoppingmall
(Ifmore space is needed,check this box and attach
a page designatedas Attachment 4b)
5 Jury or nonjury trial
request
The party or parties
requestinga fury thai)
~y' lury tnal M a nonlury tnal (Ifmore than one party,
prowde the name of each party
6
a
b
~
Trial date
~~
The tnal has
No tnal date
been
has
set
been
for (date)
set This casewill beready for tnal within 12 months of the filing of the complaint (if
of the date
not,explain)
c Dates on which parties
or attorneyswill not be and explain reasons
for tnal (specify dates
available for unavaflabflrty)
7 Estimated length of tnal
The party or parties
estimate that the tnal will take
(check one)
a
b ~
~I days
hours
(specify number)
(short causes)
F ive
(specify)
8 Trial representation
The party or parties
a Attorney
(to be answered
will be
for each
represented at tnal~
party)
by the attorney in the caption
or party listed ~ by the following
b Firm
c Address
d Telephone number f Fax number
e E-mail address Party represented
g
Additional representation
is descnbedin Attachment8
9 Preference
This caseis entitled to preference
(specify codesection)
10 Alternatwe dispute resolution (ADR)
a ADR information package. Please note that different ADR processes
are availablein different courts
and communities, read
the ADR information packageprowded by the court under
rule 3 221for information about
the processes available
through the
court andcommunity programs in this case
(1) For parties
represented by counsel Counsel Mv has M hasnot provided the ADR information package identified
to the client and
in rule 3 221 reviewedADR options with theclient
(2) For self-represented
partiesParty ~ has ~ has not reviewedthe ADRinformation package identifiedinrule3221
b
(1)~
Referralto )udtcial arbitration
This matter
mediation
statutory
under
limit
Code
or civil action
is subiect
to mandatory
mediation
of Cwil Procedure
(if available)
ludicial arbitration
section
under Code
1775 3 because
of Cwil Procedure
the amount
section1141
does
in controversy
11or to cwil action
not exceed the
(2)~ Plaintiff elects
Civil Proceduresection1141 11
to ludicial arbitration
to refer this case and agrees to the amount
to limit recovery specifiedin Codeof
(3)~ This case
mediation
is exempt from iudicial arbitration
under Code of Cwil Procedure
under
section
rule 3 811
1775 et seq(specify exemption)
of Courtor from cwil action
of the California Rules
CM 110 [Rav July
2011I Page 2 of 5
1
CASE MANAGEMENTSTATEMENT
CM-110
PLAINTIFF/PETITIONER Luis Paez CASE NUMBER
DEFENDANT/RESPONDENT CIV 529263
Equity One, inc,et al,
10 c Indicate the ADR processor processesthat theparty or parties
are willing to participate
in, haveagreed to participate
in, or
have alreadyparticipatedin (check al/ 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 havealreadycompleted an ADR process or processes,
participate
in the following ADR indicate the status
of the processes(affach a copy of Ihe parries'DR
processes (check al/ that apply)stipu/ation)
Mediation sessionnot yet scheduled
Mediation sessionscheduled for (date)
(1) Mediation
Agreed to completemediation by (date)
Mediation completed on (date)
Settlementconference not yet scheduled
(2) Settlement Settlementconference scheduled for (date)
conference
Agreed to completesettlement conference by (date)
Settlementconference completed on (date)
Neutralevaluationnot yet scheduled
Neutral evaluation
scheduled for (date)
(3) Neutral evaluation
Agreed to completeneutralevaluationby (date)
Neutral evaluation
completed on (date)
Judicial
arbitration
not yet scheduled
(4) Nonbindingludicial Judicial arbitration scheduled
for (date)
arbitration
Agreed to completeludicial arbitration
by (date)
Judicial arbitration
completed on (date)
Pnvate arbitration
not yet scheduled
(5) Binding pnvate Pnvate arbitration
scheduled for (date)
arbitration
Agreed to completepnvate arbitration
by (date)
Pnvate arbitration
completed on (date)
ADR session not yet scheduled
ADR session scheduled for (date)
(6) Other(specify)
Agreed to completeADR session by (date)
ADR completed on (date)
CM 110 [Rev July
12011I Pago 0 of
S
CASE MANAGEMENTSTATEMENT
Cllli-110
pLAINTIFF/pETITIONER cAsE NUMBER
Luis Paez
CIV 529263
DEFENDANT/REsPoNDENT Equity One, Inc, et al,
11 Insurance
~v Insurance earner,if any, for party filing this statement National FireInsurance of Hartford
a
b
c ~
Reservationof nghts
Coverage issues
H Yes Z3 No
(name)
will significantly affect resolution
of this case
Company
(explain)
12 Junsdiction
~
Indicate
Status
any matters
Bankruptcy ~
that may affect the court's lunsdiction
Other (specify)
or processingof this case
and describe the status
13
~
Related cases,
There
(1)
consolidation,
are
Name
companion,
ofcase
and coordination
underlying,or related
cases
(2) Name of court
(3) Casenumber
~
~
(4) Status
Additional cases
~aredescnbed in Attachment
b A motion to consolidate ~ 13a
coordinate will be filed by (name
party)
14
~
Bifurcation
The party or parties
action
intend to file a motion for an
(specify mowng party,
order bifurcating, sevenng,
type of motion, and reasons)
or coordinatingthe following issues
or causesof
15
~
Other motions
The party or parties
expectto file the following motions
before type of motion,
tnal (specify mowng party, and issues)
16
a
b
~
Discovery
~~
The party or parties
have
The following discovery
completed all discovery
will be completedby the date
specified(descnbe all anticipated
discovery)
Para Descnotion Date
all ongoing ongoing
c ~ The following discovery
anticipated(specify)
issues,including issues
regardingthe discovery of electronically stored
information, are
CM 110 [Rev July
2011) Page 4 of 5
1
CASE MANAGEMENTSTATEMENT
CM-110
PLAINTIFF/PETITIQNER Luis Paez CASE NUMBER
CIV 529263
pEFENpANTlRE8PONpENT Equity One, Inc, et al,
17
a ~
Economic litigation
li e, the amount
This is a limited civil case demanded is $ 25,000
or less)
and the economic litigation procedures
in Code
b ~ of Civil Procedure
sections90-98 will apply to this case
This is a limited civil case
and a motion to withdraw the case
discovery will be filed (ifchecked,
from theeconomic
explain specifically Ii(yhy economic
litigation procedures
or for additional
relating to discovery or tnal
ktigation procedures
should not apply to this case)
18
~Other issues
The party or parties
conference
request
(specify)
that the following additional
matters be consideredor determined at the case
management
19
a ~
Meet and confer
The party or parties
of Court (if not,
have
explain)
met andconferred with all parties
on all sublects
requiredby rule 3 724 of the California Rules
b After meetingand confernng asrequired by rule 3 724 of the California Rules
of Court, the
parties
agree on the following
(specify) I
20 Total number of pages attached(if any)
Iam completely familiar with this case
and will be fully prepared
to discussthe status alternative
of discovery and dispute resolution,
as well asother issues
raised by this statement,
and will possessthe authontyto enter on these
into stipulations issues at the time of
the casemanagement conference,including the wntten
authonty of the party where
requ d
Date October 14,2014
James F Waite, Esq
rryPE OR PRINT NAME) (SIGNATURE OF PARTY OR AWORNEY)
~
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures
areattached
CM 110 IRev July
2011) of g
1
CASE MANAGEMENTSTATEMENT Pago
S
PROOF OF SERVICE BY iVIAIL
[CCP $ 1013(a) and CCP $ 2015 5]
3 I, the undersigned, declare.
4 I am, and was at all times herein mentioned, employed in the City and County of San
Francisco, State of Cahforrua I am over 18 years of age and not a party to the withm action
My business address is 555 Mission Street, Suite 320, San Francisco, California 94105
7 On the date set forth below, I served the within AMENDED CASE MANAGEMENT
STATEMENT on the interested parties m this action by placmg a true copy thereof in a sealed
9 envelope with postage thereon fully prepaid in the Umted States mail at San Francisco,
10 California, addressed as follows:
Broderick H. Brown, Esq Attorney for Plaintiff
Broderick H Brown Law Firm LUIS PAEZ
2831 Telegraph Avenue
Oakland, CA 94609
TEL 510-452-6300
FAX 510-417-9197
15
16 I am "readily familiar" with the firm's practice of collection and processing
17 correspondence for maihng, that the correspondence would be deposited with the U S Postal
Service on the same day m the ordinary course ofbusmess I am aware that on motion of a party
19 served, service is presumed invahd ifpostal cancellation date or postage meter date is more than
20 one day after date of deposit for mailing in the affidavit
21 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct
23
24 Dated October 14, 2014
25
~)~
ennea C.
C.
Smedley
$ezki
26
27
28
Preview
CM-110 ATTQRNEY QR pARTY wITHQUT ATTQRNEY (Namestate Bar number, and address) FOR COURT USE ONLY James F Waite, Esq, SBN 078475 LAW OFFICES OF SAMUEL G GRADER )t'ai"'AM 555 Mission Street,Suite TELEPHONB NO 320, San 415-932-7223 Francisco, CA 94105 866-853-8846 FaX NO (Optional) F 3I: I( E EMAILADDRESS (Optional) MATEQ C(ouM7Y Equity One, ATTDRNEY FQR (Name) Ino SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO sTREETADDREss Hall of Justice& Records CleQD,f eQ MAILiNBADDR ss400 County Center cITYANDzipcoDE Redwood City CA 94063 Sy BRANOH NAME Souther'n Branch PLAINTIFF/PETITIQNER Luis Paez DEFENDANT/REsPQNDENT Equity One, inc, et al, *AMENDED (Check one) CASE (Amount demanded ~ MANAGEMENTSTATEMENT ~v'NLIMITEDCASE LIMITEDCASE (Amount demanded is $ 25,000 CASE NUViBER CIV 529263 exceeds $ 25,000) orless) A CASE MANAGEMENTCONFERENCE is scheduledas follows Date 10/29/2014 Time 09 00 am Dept 7 Div Room 8B/2J Address of court (if different from the address above) Notice of Intent to Appearby Telephone, by (name): James F Waite/N La Force/R Levine/S Chiappella INSTRUCTIONS All applicableboxes must be checked, and the specifiedinformation must be provided 1 Party or parties(answerone) ~v'his a b ~ statement This statement is submitted by party (name) Equity One, lointly by parttes is submitted (names) Inc 2 Complaint and cross-complaint (to be answered by platntrtfs and cross-complainants only) a The complaint was filed on (date) b ~v'he cross-complaint, was filed on (date) if any, On or after 10/9/14 3 Service (to be answeredby platntiffs and cross-comp/a)nants only) M a b ~ All parties (1) ~ named in the complaint and The following parties have named not been cross-complainthave been served, In the complaint or cross-complaint served (specify namesand explain why not) have appeared, or have been dismissed Cross-complaint]ust being filed (2) M have been servedbut have not appearedand have not been dismissed (specify names) (3) ~ have had a default entered againstthem (specify names) c ~ The following additional they may be served) partiesmay be added (specify names,nature of involvement in case, and date by which 4 Descnption of case Type of casein CZ comp(aint C] cross-complaint (Descnbe, including causesof action) Psqc1of 3 Form Adopled for Mandatory Use Judicial Counal ot California CASE MANAGEMENTSTATEMENT Csl Rules of Court rules 3 720-3 730 Ciu110 [Rev July 1 2011) www courts ca gov CM-110 cAsE NUMBER PLAINTIFF/PETITIONER Luis Paez CIV 529263 DEFENDANT/RESPONDENT Equity One, Inc, et al, 4 b Provide a bnef statementof the case, including any damages (Ifpersonalinlury damagesare sought,specify the inlury and damages claimed,including medical expensesto date and amount), (indicate source estimated future medical expenses, lost earningsto date,and estimated If equitable future lost earnings relief is sought, descnbe the natureof the relief) alleged personal in)uries from fall at shoppingmall (Ifmore space is needed,check this box and attach a page designatedas Attachment 4b) 5 Jury or nonjury trial request The party or parties requestinga fury thai) ~y' lury tnal M a nonlury tnal (Ifmore than one party, prowde the name of each party 6 a b ~ Trial date ~~ The tnal has No tnal date been has set been for (date) set This casewill beready for tnal within 12 months of the filing of the complaint (if of the date not,explain) c Dates on which parties or attorneyswill not be and explain reasons for tnal (specify dates available for unavaflabflrty) 7 Estimated length of tnal The party or parties estimate that the tnal will take (check one) a b ~ ~I days hours (specify number) (short causes) F ive (specify) 8 Trial representation The party or parties a Attorney (to be answered will be for each represented at tnal~ party) by the attorney in the caption or party listed ~ by the following b Firm c Address d Telephone number f Fax number e E-mail address Party represented g Additional representation is descnbedin Attachment8 9 Preference This caseis entitled to preference (specify codesection) 10 Alternatwe dispute resolution (ADR) a ADR information package. Please note that different ADR processes are availablein different courts and communities, read the ADR information packageprowded by the court under rule 3 221for information about the processes available through the court andcommunity programs in this case (1) For parties represented by counsel Counsel Mv has M hasnot provided the ADR information package identified to the client and in rule 3 221 reviewedADR options with theclient (2) For self-represented partiesParty ~ has ~ has not reviewedthe ADRinformation package identifiedinrule3221 b (1)~ Referralto )udtcial arbitration This matter mediation statutory under limit Code or civil action is subiect to mandatory mediation of Cwil Procedure (if available) ludicial arbitration section under Code 1775 3 because of Cwil Procedure the amount section1141 does in controversy 11or to cwil action not exceed the (2)~ Plaintiff elects Civil Proceduresection1141 11 to ludicial arbitration to refer this case and agrees to the amount to limit recovery specifiedin Codeof (3)~ This case mediation is exempt from iudicial arbitration under Code of Cwil Procedure under section rule 3 811 1775 et seq(specify exemption) of Courtor from cwil action of the California Rules CM 110 [Rav July 2011I Page 2 of 5 1 CASE MANAGEMENTSTATEMENT CM-110 PLAINTIFF/PETITIONER Luis Paez CASE NUMBER DEFENDANT/RESPONDENT CIV 529263 Equity One, inc,et al, 10 c Indicate the ADR processor processesthat theparty or parties are willing to participate in, haveagreed to participate in, or have alreadyparticipatedin (check al/ 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 havealreadycompleted an ADR process or processes, participate in the following ADR indicate the status of the processes(affach a copy of Ihe parries'DR processes (check al/ that apply)stipu/ation) Mediation sessionnot yet scheduled Mediation sessionscheduled for (date) (1) Mediation Agreed to completemediation by (date) Mediation completed on (date) Settlementconference not yet scheduled (2) Settlement Settlementconference scheduled for (date) conference Agreed to completesettlement conference by (date) Settlementconference completed on (date) Neutralevaluationnot yet scheduled Neutral evaluation scheduled for (date) (3) Neutral evaluation Agreed to completeneutralevaluationby (date) Neutral evaluation completed on (date) Judicial arbitration not yet scheduled (4) Nonbindingludicial Judicial arbitration scheduled for (date) arbitration Agreed to completeludicial arbitration by (date) Judicial arbitration completed on (date) Pnvate arbitration not yet scheduled (5) Binding pnvate Pnvate arbitration scheduled for (date) arbitration Agreed to completepnvate arbitration by (date) Pnvate arbitration completed on (date) ADR session not yet scheduled ADR session scheduled for (date) (6) Other(specify) Agreed to completeADR session by (date) ADR completed on (date) CM 110 [Rev July 12011I Pago 0 of S CASE MANAGEMENTSTATEMENT Cllli-110 pLAINTIFF/pETITIONER cAsE NUMBER Luis Paez CIV 529263 DEFENDANT/REsPoNDENT Equity One, Inc, et al, 11 Insurance ~v Insurance earner,if any, for party filing this statement National FireInsurance of Hartford a b c ~ Reservationof nghts Coverage issues H Yes Z3 No (name) will significantly affect resolution of this case Company (explain) 12 Junsdiction ~ Indicate Status any matters Bankruptcy ~ that may affect the court's lunsdiction Other (specify) or processingof this case and describe the status 13 ~ Related cases, There (1) consolidation, are Name companion, ofcase and coordination underlying,or related cases (2) Name of court (3) Casenumber ~ ~ (4) Status Additional cases ~aredescnbed in Attachment b A motion to consolidate ~ 13a coordinate will be filed by (name party) 14 ~ Bifurcation The party or parties action intend to file a motion for an (specify mowng party, order bifurcating, sevenng, type of motion, and reasons) or coordinatingthe following issues or causesof 15 ~ Other motions The party or parties expectto file the following motions before type of motion, tnal (specify mowng party, and issues) 16 a b ~ Discovery ~~ The party or parties have The following discovery completed all discovery will be completedby the date specified(descnbe all anticipated discovery) Para Descnotion Date all ongoing ongoing c ~ The following discovery anticipated(specify) issues,including issues regardingthe discovery of electronically stored information, are CM 110 [Rev July 2011) Page 4 of 5 1 CASE MANAGEMENTSTATEMENT CM-110 PLAINTIFF/PETITIQNER Luis Paez CASE NUMBER CIV 529263 pEFENpANTlRE8PONpENT Equity One, Inc, et al, 17 a ~ Economic litigation li e, the amount This is a limited civil case demanded is $ 25,000 or less) and the economic litigation procedures in Code b ~ of Civil Procedure sections90-98 will apply to this case This is a limited civil case and a motion to withdraw the case discovery will be filed (ifchecked, from theeconomic explain specifically Ii(yhy economic litigation procedures or for additional relating to discovery or tnal ktigation procedures should not apply to this case) 18 ~Other issues The party or parties conference request (specify) that the following additional matters be consideredor determined at the case management 19 a ~ Meet and confer The party or parties of Court (if not, have explain) met andconferred with all parties on all sublects requiredby rule 3 724 of the California Rules b After meetingand confernng asrequired by rule 3 724 of the California Rules of Court, the parties agree on the following (specify) I 20 Total number of pages attached(if any) Iam completely familiar with this case and will be fully prepared to discussthe status alternative of discovery and dispute resolution, as well asother issues raised by this statement, and will possessthe authontyto enter on these into stipulations issues at the time of the casemanagement conference,including the wntten authonty of the party where requ d Date October 14,2014 James F Waite, Esq rryPE OR PRINT NAME) (SIGNATURE OF PARTY OR AWORNEY) ~ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures areattached CM 110 IRev July 2011) of g 1 CASE MANAGEMENTSTATEMENT Pago S PROOF OF SERVICE BY iVIAIL [CCP $ 1013(a) and CCP $ 2015 5] 3 I, the undersigned, declare. 4 I am, and was at all times herein mentioned, employed in the City and County of San Francisco, State of Cahforrua I am over 18 years of age and not a party to the withm action My business address is 555 Mission Street, Suite 320, San Francisco, California 94105 7 On the date set forth below, I served the within AMENDED CASE MANAGEMENT STATEMENT on the interested parties m this action by placmg a true copy thereof in a sealed 9 envelope with postage thereon fully prepaid in the Umted States mail at San Francisco, 10 California, addressed as follows: Broderick H. Brown, Esq Attorney for Plaintiff Broderick H Brown Law Firm LUIS PAEZ 2831 Telegraph Avenue Oakland, CA 94609 TEL 510-452-6300 FAX 510-417-9197 15 16 I am "readily familiar" with the firm's practice of collection and processing 17 correspondence for maihng, that the correspondence would be deposited with the U S Postal Service on the same day m the ordinary course ofbusmess I am aware that on motion of a party 19 served, service is presumed invahd ifpostal cancellation date or postage meter date is more than 20 one day after date of deposit for mailing in the affidavit 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct 23 24 Dated October 14, 2014 25 ~)~ ennea C. C. Smedley $ezki 26 27 28