Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY /Nome, Sfe)e Ber number, end eddress/i FOR COURT USE ONLY
Brent Edward Vallens 94372
Law Office of Brent Edward Vallens
21053 Devonshire Street ¹104 $
ifi
Chatsworth, CA 91311
TEiEPHONENO.: (818) 717-1885 (818)
FAXNO.(opanmlli 717-1865
E~ADOREss fops~d/:
ATIDRNEYFDR /Nome/:
BrentESq54
San
(I aol
Vito-Centreville
. Com
LLC, Saybur & Asso FIX EB
sUPERIoR coURT oF cALIFQRNIA, coUNTy oF San Mateo SAN MATEO COUNTY
sTREETADDREss: 400 County Center
MAIUNGADDREss 400 COunty Center JU 0 2013
cllYANDzIPGDDE: Redwood City, CA 94063
e flof 0LI ft
I-l
Southern Branch C
~f
sRANGH NAME
PIAINTIFF/PETITIONER: ADVANCE RESTAURANT FINANCE d LLC
QK
DEFENDANT/RESPoNoENT: MATTERS OF TASTE, LLC, et. al.
CASE MANAGEMENTSTATEMENT CASE NUMBER
(Check one): Qg UNLIMITEDCASE
(Amount demanded
~ LIMITEDCASE
(Amount demanded is $ 25,000
CIV 520146
exceeds $ 25,000) or less)
A CASE MANAGEMENTCONFERENCE Is scheduled as follows:
Date: August 1, 2013 Time: 9: 00 am Dept.: 7 Div.: Roofn
Address oi abortrir diirersor rrom ibe address
above):
Qg Notice of intent to Appearby Telephone, by(name): Brent Edward Vallens
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be providecL
Party or parties(answer one):
1.
a.
b.
~
gg
This statement
This statement
is submitted
is submitted
by party (name):
Jointly by parties(names):
SAN VITO — CENTREVILLE, a Virginia LLC and SAYBVR & ASSOCIATES, an Indiana LLC
2. Complaint and cross~plaint (to be answered by plaintiffs and cross-complalnantsonly)
a. The complaint was filed on (date):
b. ~ The cross-complaint, if any, was flied on (date):
3. Service (to be answered by plaintiffs snd cross-complainants
only)
a.
b.
~
~
named
All parties in the complaint and
The following partiesnamed
cross-complaint
in the complaint
have been
or cross-complaint
served, have appeared, or have been dismissed.
(1) ~ have not been served (specify names end explain why not):
(2) ~ have been served but have not appeared and have not been dismissed (specify names):
(3) ~ have had a default enteredagainstthem (specify names):
c. ~ The following additional
they may be served):
partiesmay be added (spedfy names, natura ofinvolvementin case, and the data by which
4. Description of case
a. Type of case
Complaint
in Qg
for
complaint
Money:
~
Breach
cross-complaint
of Written
(Describe,including causes
Agreement, Breach
of action):
of Guarantee,
Money Lent, Indebtedness, Unjust Enrichment, Account Stated
Pege1of 3
Form Adope)d for Mend)dory Use
Judldel Coundl of Califomle
CASE MANAGEMENTSTATEMENT Cei Rules of Court,
rules 3.7203.730
CM-110 IReni. July 1, 2011]
~esn
fgggg fgg» sisns oourl5L ors gov
Saybur & Associates, LLC
CM-110
PLAINTIFFIPETITIONER:ADVANCE RESTAURANT FINANCE, LLC CASE NUMBER:
CIV 520146
DEFENDANT/RESPONDENT: MATTERS OF TASTE, LLC, et . a j..
4. b. Provide a brief statementof the case,including any damages. (Ifpersonal injury damages are sought,specify theinjury and
damages claimed,including medical expenses to datefindlcatesource end amountj estimated futuremedical expenses, lost
earnings to date,and es5mated future lostearnings.Ifequitable is
relief sought, describe the nature ofthe relief)
~ (Ifmore space is needed, check this box and attacha page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties
requesting
request
a jury trial):
QQ a jury trial ~ a nonjury trial. (Ifmore than one patty,pmvide the name of each party
6. Trial date
a.
b.
~
Qg
The trial has
No trial date
been
has
set for (date):
been set.This case will be ready of the date
for trial within 12 months of the filing of the complaint (if
not,explain):
c. Dates on which parties or attorneyswill not be available end explain reasons
for trial (specify dates lbr unavailability):
10/29/13-11/7/13 Trial; 11/24/13-12/2/13 Vacation; and 6/26/14-7/14/14 Vacation
7. Estimated length of trial
The party or partiesesfimatethat the trial will take
(check one):
a. gg days (specify number): 3
b. ~ hours (short causes) (specify):
Trial representation (to be answered for each party)
8.
The party or parties
a. Attorney:
will be representedat trial Qg by the attorneyor 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 representationis describedin Attachment 8.
9. Preference
~ This case is entitled to preference
(specify code section)
10. Altemathre dispute resolution (ADR)
a. ADR information package. Please note that different ADR processesare availablein different courts
and communities; read
the ADR information package provided by the court underrule 3.221for inforination about
the processes availablethrough the
court and
(1)
community programs
For partiesrepresented
in rule 3221
in this case.
by counseL Counsel ~ has ~ has
reviewed ADA options with the dient.
to the client and
not provided the ADR information package identifie
(2) For self-represented Party
parties: ~ has ~ has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration
or civil actionmediation (if available).
(1) ~ This matter
mediation
issubject
under
to
of Code
mandatory judicial
arbitration
of Civil Proceduresection
under
1775.3
Code
because
of Civil Procedure
the amount
section 1141..11
in controversy does
or to civil action
not exceed the
statutorylimit.
(2) ~ to refer this case
Plaintiff elects
Civil Procedure section1141.11.
to judicial arbitration
and agrees to the amount
to limit recovery specifiedin Code of
(3) ~ This case
mediation
is exempt
under
from judicial arbitration
Code of Civil Procedure
under
section
rule 3.811of the California
1775 et seq.
Rules
(specify exemption):
of Court or from civil actiorl
CM-110 IRev. July
2011]
1, CASE MANAGEMENTSTATEIIENT page 2 or S
Sl B Sayhur 6 Associates, LLC
CM-110
PLAINTIFF/PETITIONER:ADVANCE RESTAURANT FINANCE, LLC CASE NUMSER
CIV 520146
DEFENDANT/RESPONDENT'ATTERS OF TASTE I LLC, et. al.
10. c. Indicate the ADR process or processes that the party or parties in, have
are willing to participate agreed to participate
in, or
have already participatedin (check all that apply and pmvide the specNedinforrmatfon):
The party or partiescompleting If the party or parties
completing this form in the case
have agreed to
this form are willing to participatein or havealready completed an ADR process or processes,
participatein the following ADR of the processes
indicate the status (attacha copy of the partfes'ADR
processes (check a/I that apply) stipulation):
~ Mediation session not yet scheduled
(1) Mediation
~ Mediation session scheduled for (date):
~ 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 settlementconference by (date):
~ Settlement conference completed on (date):
~ Neutral evaluationnot yet scheduled
(3) Neutralevaluation ~ Neutral evaluationscheduled for (date):
~ Agreed to complete neutralevaluation by (date):
~ Neutral evaluationcompleted on (date):
~ Judicial arbitration
not yet scheduled
(4) Nonbinding judicial ~ Judicialarbitration scheduledfor (date):
arbitration
~ Agreed to complete judicial arbitration by (date):
~ Judicialarbitration
completed on (date):
.
~ Privatearbitrationnot yet scheduled
(5) Binding private ~ Privatearbitration scheduledfor (date):
arbitration
~ Agreed to complete private arbitration by (date):
~ Privatearbitration completedon (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-1 10 Phnr. July 1. 2011} CASE MANAGEMENTSTATEMENT Pegesar0
2~I BBllllIlee
Saybur & Associates, LLC
CM-110
PLAINTIFF/PETITIONER:ADVANCE RESTAURANT FINANCE r LLC CASE NUMBER
CIV 520146
DEFENDANT/REsPQNDENT: MATTERS OF TASTE, LLC, et . a 1.
11. Insurance
a.
b.
~ Insurance
Reservation
camer,
of rights:
if any, for party filing this statement
~ Yes ~ No
(name):
~ Coverage issues of this case
will significantly affect resolution (axpiain):
12. Jurisdiction
Indicate any matters and
of this case,
that may affect the court's jurisdiction or processing describe the status.
gg Bankruptcy
Status:
..
Defendants
~ Other
Anne
(specify):
Sayre and John Sayre are in Chapter 7 Bankruptcy-The Ch. 7
Trustee may seize these answering Defendants assets.
13. Related cases, consolidation, and coordination
a. Qg There are companion, underlying, or relatedcases.
(1) Name of case: In Re: Anne Sayre and John Sayre
(2) Nameofcourt US Bankruptcy Court for Southern District of Indiana
(3) Case number. 13-03770-F JO-13
(4) Status: Pending-Case filed April 12, 2013
b.
~
~
Additional cases
A motion to ~ are described
consolidate
in Attachment
~
13a.
coordinate by (name
will be Sled party):
14. Bifurcation
~ The party or patties
acfion (specify moving party,type of motion,
or coordinating
order bifurcating, severing,
intend to file a motion for an
and reasons):
the following issuesor causes of
15. Other motions
~ The party or partiesexpect type of mot/on,
before trial (specify moving party,
to Sle the following motions andissues):
1B. Discovery
a.
b.
~
~
The party or partieshave completed all discovery.
The following discovery will be completedby the datespecified (describeaii anticipated
discovery):
Descriotion Date
c. ~ The following discovery
anticipated(specify):
issues, including issuesregarding the discoveryof electronically stored
information, are
CM-110 Pbnr. July 1, 2011I CASE MANAGEIIENTSTATEMENT
MSBBlBua- Saybur & Associates, LLC
CM-110
PIAINTIFF/PETITIONER: ADVANCE RESTAURANT FINANCE, LLC cAsE NUMBER
CIV 520146
oEFENoANT/REsPoNoENT: MATTERS OF TASTE, LLC, et. al.
17. Economic litigation
a. ~ (i.e., the amount
This is a limited civil case demanded is $ 25,000
90-98 will apply to this case.
and the economic
or less) litigation proceduresin Code
~ of Civil Proceduresections
and
This is a limited civil case a motion to withdraw the case
(ifchecked,
discovery will be Sled explain specNcally
from the economic
why economic litigation procedures
or hr'addiSonal
litigation procedures
relating to discovery or tn'al
should not apply to this case):
I
18. Other issues
gg The party or partiesrequest matters
that the following additional be considered or determined at the case management
conference(specify): If
the
Chapter 7 Trustee seizes
will be
these
extended
Defendants
to these
as assets,
cases.
Bankruptcy stay The
decision of the Chapter 7 Trustee is not expected until
after October 1, 2013.
19. Iieet and confer
a. ~ The party or parties
Court (ifnot
have
explain):
met and conferred on all subjects
with all parties requiredby rule 3.724 of
of the California Rules
b. After meeting and conferring asrequired by rule 3.724 of Court, the parties
of the California Rules agree on the following
(specify):
20. Total number of pages attached (ifany):
I am completely familiar with this case
and will be fully prepared
to discuss the statusof discoveryand alternativedispute resolution,
as well asother issues raisedby thisstatement, and willpossess theauthorityto enterinto on
stipulations these issues at the time of
the case management conference, including the written authority of the party where
requi d.-
Date: 7/29/2013
RRF.N'P F.T)WART) UAT.T,F.Mq
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
ITYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
~ Additional signaturesare attached.
CM-110 (Rev. July 1, 2011) CASE IIANAGEMENTSTATEMENT Page 4 or 4
0~47IIS+S-
Saybur & Associates, LLC
PROOF OF SERVICE BY FACSIMILE
3 STATE OF CALIFORNIA )
)ss.
4 COUNTY OF LOS ANGELES )
6 I am a resident of the County aforesaid; I am over the age of eighteen (18) years and not a
party to the above-entitled action; my business address is:
7
21053 Devonshire Street, ¹104
8 Chatsworth, CA 91311
9 On the 29~ day of July, 2013, I served the foregoing CASE MANAGEMENT
STATEMENT on all interested parties in said action by faxing a copy to the below listed fax
10 number:
Angela A. Velen, Esq
12 Collection At Law, Inc.
3835 East Thousand Oaks Blvd., Suite R349
13 Westlake Village, CA 91362
FACSIMILE 818-716-7775
14
I declare under penalty of perjury under the laws of the State of California that the
15 foregoing is true and correct of my own knowledge.
16 Executed this 29~ day of July, 2013, at Chatswo California.
17
18 KELLYA.@EELEYOST
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