Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slato Bar number, and address) FOR COURT USE ONLY
James F Waite, Esq, SBN 078475
Law Offices of Chnstian B Green
555 Mission Street,Suite 320, San Francisco, CA 94105
TELEPHONE NO41 5-932-7223 866-853-8846
FAX NO (Op"anat)
E-MAILADDRESS (Optronat)
ATTQRNEY FQR(Nemo)Equity One, InC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO 0 5 2015e
sTREETADDREssHall of Justiceand Records
MAILINGADDREss
4QQ County Center C Pr Ss If)af COIje
ciTYANDzip coDE
Redwood City, CA 94063
BRANGH NAME
91
Southern Branch
PLAINTIFF/PETITIQNER Luis Paez
LL DEFENDANT/REsPQNDENT Equity One, Inc,et al,
CASE MANAGEMENTSTATEMENT
K
CASE NUMBER
5 (Check one) UNLIMITEDCASE
(Amount demanded
H LIMITED CASE
(Amount demanded is $ 25,000
CIV 529263
exceeds $ 25,000) or less)
A CASE MANAGEMENTCONFERENCE is scheduledas follows
Date March 26, 2015 Time 9 00 a m Dept 7 Dlv Room
Address of court (if different from the address
above)
Notice of Intent to Appear
by Telephone, by(name) James F Waite/N La Force/R Lewne/S Chiappella
INSTRUCTIONS All applicableboxes must be checked, and the specifiedinformation must be prowded
Party or parties
(answer one)
~v'his
a
b ~ statement
This statement
is submitted
is submitted
by party (name) Equity One,
Iomtly by parties
(names)
lnc
2 Complaint and cross-complaint (to be answeredby plaintiffs and cross-complainants
only)
a The complaint was filed on (date)
b ~Z The cross-complaint,if any, was
filed on
(date) October 9, 2014
3 Serwce (to be answeredby plaintiffs and cross-complainants
only)
~v'll
a
b ~ (1)
parties
~
named in the complaint and cross-complaint
The following parties
have
named
not been
have been served,
in the complaint or cross-complaint
served (specify namesand explain why not)
have appeared, or havebeen dismissed
(2) ~ have been served but havenot appeared and have not beendismissed (specify names)
(3) ~ have had a default entered
againstthem (specify names)
c ~ The following additional
they may be served)
partiesmay be added (specify names,natureof involvement in case,
and dateby which
4 Descnption of case
a Type of casein ~v complaint cross-complaint (Descnbe, including causesof action)
Alleged personal in)uries
Page1of 5
Farm Adapted for Mandatory Use
Judtaal Coural of Cahfarnta CASE MANAGEMENTSTATEMENT Cal Rules of Court,
rules 3 720-3 730
CM-110 [Rev July 1,2011]
www courts ca gov
CM-110
PLA)NTIFF/PETITIONER Luis Paez CASE NUMBER
CIV 529263
DEFENDANT/RESPONDENT Equity One, Inc, et al,
4 b Provide a bnef statement
of the case,including any damages (Ifpersonal
in/ury damages are sought,specify the inlury and
damages claimed,including medical expensesto date
/indicate source
and amount), estimatedfuture medical expenses,lost
earningsto date,and estimated If equitable
future lost earnings relief is sought,
descnbe the natureof the relief)
Alleged personal in|uriesfrom fall at shoppingmall
(Ifmore spaceis needed,check this box and attach
a page designatedas Attachment 4b )
5 Jury or nonjury trial
The party or parties
requesting
request
a /ury tnal)
~V a lury tnal M a nonlury tnal (Ifmore than of each party
one party, provide the name
6
a
b
~
Trial date
~v
The tnal hasbeen
No trial date
has
set for (date)
been setThis case for tnal within 12 months
will be ready of the dateof the filing of the complaint (if
not, explain)
c Dates on which parties
or attorneys
will not be available
for tnal (specify dates
and explain reasonsfor unavailabikty)
Trials 5/22/15, 6/8/15,6/1 9/1 5, 6/23/1 5, 7/27/1 5,
7/1 3/1 5, 9/25/1 5,
8/1 0/1 5, 9/28/1 5,
10/5/1 5
7 Estimated length of tnal
The party or parties
estimate that the tnal will take
(check one)
a
b ~
CJ7 days
hours
(specify number)
(shoit causes)
Five
(specify)
8 Tnal representation
The party or parties
a Attorney
(to be answeredfor each
will be represented
at tnal ~
party)
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 Party represented
g
Additional representation
is descnbedin Attachment8
9 Preference
This caseis entitled to preference
(specify codesection)
10 Alternative disputeresolution (ADR)
a ADR information package Please note that different ADR processes
are availablein different courts
and communities, read
the ADR information package providedby the court under for information about the processes
rule 3 221 availablethroughthe
court andcommunity programs in this case
(1) For parties
represented by counselCounsel Me'as W has not provided the ADR information packageidentified
to the client and
in rule 3 221 reviewedADR options with the client
(2) For self-represented
partiesPartyH has M has not reviewed the ADR information packageidentified in rule 3221
b
(1) ~
Referralto judicial arbitration
This matter
mediation
statutory
under Code
limit
or civil action
is sublect
to mandatory
mediation
of Civil Procedure
section
(if available)
Iudicial arbitration
under Code of Civil Procedure
1775 3 because the amount
section
in controversy
1141
does
11 or to civil action
not exceedthe
(2) ~ Plaintiff elects
to refer this case
Civil Procedure
section1141 11
to judicial arbitration
and agreesto limit recovery
to the amountspecifiedin Code of
(3) ~ This caseis exempt from judicial arbitration
mediationunder Code of Civil Procedure
under
section
of the California Rules
rule 3 811
1775 et seq (specify exemption)
of Courtor from civil action
CM-110 [Rev July 1. 2011I
CASE MANAGEMENTSTATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER Luis Paez CASE NUMBER
DEFENDANT/RESPONDENT CIV 529263
Equity One, Inc, et al,
10 c Indicate the ADR process
or processes that the party or parties
are willing to participate
in, have agreedto partiapate
in, or
have alreadypartiapatedin (check all that apply and prowde the specified information)
The party or parties
completing If the party or parties
completing this form in the case
have agreed to
willing to
this form are participate
in or havealreadycompleted an ADR process or processes,
partiapatein the following ADR indicate the status
of the processes a copy of the parties'DR
(attach
processes (check all that apply)
stipulation)
Mediation sessionnot yet scheduled
Mediation sessionscheduled for (date)
(1) Mediation
Agreed to completemediation by (date)
Mediation completedon (date)
Settlementconference not yet scheduled
(2) Settlement Settlementconference scheduled for (date)
conference
Agreed to completesettlementconference by (date)
Settlementconference completed on (date)
Neutral evaluation
not yet scheduled
Neutral evaluation
scheduled for (date)
(3) Neutral evaluation
Agreed to completeneutralevaluationby (date)
Neutral evaluation
completed on (date)
Judiaalarbitration
not yet scheduled
(4) Nonbinding ludiaal Judiaalarbitration scheduled
for (date)
arbitration
Agreed to completeludicial arbitration
by (date)
Judiaalarbitration 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
1 2011] Page 3 of 5
CASE MANAGEMENTSTATEMENT
Cllti-110
PLAINTIFF/PETITIONER CASE NUMBER
Luis Paez
CIV 529263
DEFENDANT/RESPONDENT Equity One, Inc, et al,
11 Insurance
a
b
c
~v'nsurance
~
Reservation
earner,
of nghts
Coverage issues
~ for party filing this statement
if any,
Yes ~v No
(name)
will significantly affect resolution
of this case
National
(explain)
FireInsurance Company of Hartford
12 Junsdiction
~
Status
Bankruptcy ~
Indicate any matters
that may affect the court's lunsdiction or processing
Other (specify)
of this case
and descnbe the status
13
~
Related cases, consolidation,
There are
(1) Name
companion,
of case
and coordination
or related
underlying, cases
(2) Name of court
(3) Case number
~
~
(4) Status
~
Additional cases
b A motion to
are descnbed
~
in Attachment
consolidate
13a
coordinate will be filed by (name
party)
14
~
Bifurcation
The party or parties
action
intend to file a motion for an order bifurcating, sevenng,
type of motion, and reasons)
(specify moving party,
or coordinating
the following issues
or causes of
15
~
Other motions
The party or parties
expect to file the following motions
beforetnal type of motion, and issues)
(specify moving party,
16
a
b
~
Discovery
~v'he
The party or parties
have completed all discovery
following discovery will be completed
by the datespecified(descnbe alt anticipated
discovery)
~Part Descnotion Date
all ongoing ongoing
~ The following discovery
antiopated (specify)
issues,including issues
regardingthe discoveryof electronically stored
information, are
CM-110 [Rev July 1, 2011I
CASE MANAGEMENTSTATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER Luis Paez CASE NUMBER
CIV 529263
DEFENDANT/RESPONDENT Equity One, Inc, et al,
17
a ~
Economic litigation
This is a limited civil case
(I e,the amount 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 the economic
explain specifically why economic
ktigation procedures
or for additional
litigation procedures
relating to discovery or tnal
should not apply to this case)
18
~
C)therissues
The party or parties
conference
request
(specify)
that the following additional
mattersbe considered or determinedat the case
management
19
a ~
Meet and confer
The party or parties
have met and
of Court (ifnot, explain)
conferredwith all parties
on all sublects
requiredby rule 3 724 of the California Rules
b After meetingand confernngas requiredby rule 3 724 of the California Rules
of Court,the parties
agreeon the following
(specify)
20 Total number of pagesattached (ifany)
I am completely familiar with this case
and will be fully prepared
to discuss of discovery
the status and alternative
dispute resolution,
as well as
other issuesraised-bythis statement,
and will possess
the authonty to enter
into stipulations
on these issuesat the time of
the casemanagement conference,including the wntten
authonty of the party where
requird
Date March 5, 2015
James F Waite
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
~
(TYPE OR PRINT NAblE) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures
areattached
I, 2011]
Cb1-110 [Rev July
CASE MANAGEMENTSTATEMENT of 5
Page 5
PROOF OF SERVICE BY MAIL
[CCP ) 1013(a) and CCP ) 2015 5]
I, the undersigned, declare.
I am, and was at all times herein mentioned, employed in the City and County of San
Francisco, State of Cahfornia I am over 18 years of age and not a party to the within action
My business address is555 Mission Street, Suite 320, San Francisco, Cahfornia 94105
On the date set forth below, I served the within CASE MANAGEMENTSTATEMENT
on the interested parties in this action by placing a true copy thereof in a sealed envelope with
postage thereon fully prepaid in the United States mail at San Francisco, Cahfornia, addressed as
10 follows
Broderick H Brown, Esq Attorney for Plaintiff
12 Broderick H Brown Law Firm LUIS PAEZ
2831 Telegraph Avenue
13 Oakland, CA 94609
TEL 510-452-6300
14 FAX 510-417-9197
15 Alison K Hurley, Esq Attorneys for Cross-Defendant
Bremer, Whyte, Brown &, O'Meara LLP CROWN BUILDINGMAINTENANCECO
16 20320 S W Birch Street, Second Floor dba ABLE BUILDINGMAINTENANCECO
Newport Beach, CA 92660
17 TEL: 949-221-1000
FAX 949-221-1001
18
19 I am "readily famihar" with the firm's practice of collection and processing
20 correspondence for mailmg, that the correspondence would be deposited with the U.S Postal
21 Service on the same day in the ordinary course ofbusmess I am aware that on motion of a party
22 served, service is presumed invahd ifpostal cancellation date or postage meter date is more than
23 one day after date of deposit for maihng in the affidavit.
I declare under penalty of perjury under the laws of the State of Cahfornia that the
25 foregoing is true and correct
26
Dated March 5, 2015
27 , .&gsa
+Inriea C. Smedley
28