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l
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
William R. Warhurst SBN: 95551
Warhurst Law Office
200 Main St., Ste 21
Redwood City, CA 94063
TELEPHONENQ:650-288-3390
E-MAILADDRESS (Optional):
Mark P. Monsarrat
ATTORNEY FOR (Name):
FAXNO.(Optiona01650-568-0800
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SAN MATEO COUNTV
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO N 0V '0:I
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2017
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STREETADDRessr400County Center -
MAILING ADDRESS:4OO County Center
CITY AND ZIP CODE: Redwood City, 94063
BRANCH NAME Southern Branch: Hall of Justice and Records
PLAINTIFF/PETITIONER: MARK P, MONSARRAT
DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is $25,000
”CR/03098
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:Nov. 11, 2017 Time:9:00 am Dept: 21 Div.: Room:
Address of court (if different from the address above):
[:1 Notice of Intent to Appear by Telephone, 'by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one): FILE BY F AX
a. This statement is submitted by party (name):Mark P. Monsarrat
b. E] This statement is submitted jointly by parties (names):
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17—0Iv- 03098
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2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only)l
797294 sMfement
:; seems:gifts:is:$52.11....
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3. Service (to be answered by plaintiffs and cross-complainants only)
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a. 1:] All parties named in the complaint and cross—complaint have been sewed,
have appeared, or have been dismissed?
b. The following parties named in the complaint or cross—complaint
(1) :1 have not been served (specify names and explain why not):
(2) Cl have been sewed but have not appeared and have not been dismissed (speciiy names):
(3) have had a default entered against them (specify names):
Marvin Flor; Scott Bogart
C. The following additional paIties may be added (specify names, nature of involvement in case, and date by which
they may be served): Discovery needed to determine identity of doe defendants who either participated in fraud
or received missing money.
Description of case
4.
a. Type Of case in complaint l:| cross-complaint
defendants to reconstruct a house and paid $239,000. B
(Describe, including causes of action):
Plaintiff hired
defendants' own "accounting" they did not spend $167 000 on thehouse,
'
but on their personal expenses, thus, defrauding plainti f. In addition, the defendant were not properly licensed dun'ng their work,
so plaintiff is entitled to return of all funds pursuant to Bus. & Prof. Code 7031. Plaintiff believes others assisted defendants in
the fraud, but cannot yet identify the doc defendants. Page, 0,5
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“STdta‘v’Qpéi‘l‘nfliétEiiiflfiw CASE MANAGEMENT STATEMENT .
Ci.§“f§£é§i’¥§d
CM-110 [Rev. July 1, 2011] www.courls.w.gov
\
WattawDocai Form Buddy-
CM—1 10
CASE NUMBER:
PLAINTIFF/PETITIONER: MARK P_MONSARRAT
17CIV03098
DEFENDANT/RESPONDENTI MARVIN FLOR dba Good Relations Builder, 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.)
In addition to loss of his contract deposits as described in 4.3. above, plaintiff has suffered loss of use of his property for very
long construction delays and other significant consequential damages. Plaintiff expects to develop additional evidence
supporting punitive damage claims.
[:1 (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 El
a jury trial a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a.
b.
i:i 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 (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.
b. i: days (specify number).'4 days
hours (short causes) (specify):
8. Trial representation(to be answered for each party)
The party or parties will be represented at trial
a. Attorney:
[:I
by the attorney or party listed in the caption by the following:
b. Firm:
0. Address:
d. Telephone number: f. Fax number:
e E—mail address:
E Additional representation is described in Attachment 8.
9. Party represented:
9. Preference
[:I . This case is entitled to preference (specily 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 i:i has not
in rule 3.221 to the client and reviewed ADR options with the client.
provided the ADR information package identified
(2) i:i
For self—represented parties: Party has i:i has not reviewed the ADR information package identified in rule 3.221.
b. Referral tojudicial arbitration or civil action mediation (if available).
(1) |:] This matter is subject to mandatoryjudicial 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 section1141.11.
(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 exemption): No one to mediate with.
Amount in controversy far exceeds $50,000
Gil-“Ore“ Ju'v 1- 20111 CASE MANAGEMENT STATEMENT Pagan“
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: MARK P. MONSARRAT
DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, ct a1.
17CIV03098
10. 0. 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
(1) Mediation l:l DDDD
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 DDDD
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 DDDD
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Nonbinding judicial Judicial arbitration scheduled for (date):
(4)
DDDD
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Binding private Private arbitration scheduled for (date):
(5)
DDDD
arbitration
Agreed to complete private arbitration
by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify): DDDD
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rem July1. 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONERMARK P. MONSARRAT
—
17CIV03098
DEFENDMIT/RESPONDENTMARVIN FLOR dba Good Relations Builder, ct a1.
11.Insurance
a. C] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: El Yes |:] No
c. [:1 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.
I:] Bankruptcy C! Other (specify):
Status: f
13. Related cases, consolidation, and coordination
a. [3 There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
b.
I:
E]
(4) Status:
Additional cases are described in Attachment 13a.
A motion to I:] consolidate |:l coordinate will be filed by (name party):
14.Bifurcation
CI The party or parties intend to file a motion for an order biturcatlng, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15.Other motions
[:1 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. Ci 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
Plaintiff Depositions of defs. Bogart & Flor 2—15—1 8
Plaintiff Depositions, etc. of any does identified and served 4—15-18
0. :1 The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (spec/M:
CM-110IRev-Ju'v1-2WI
CASE MANAGEMENT STATEMENT P6924“
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONERZMARK P. MONSARRAT
17CIV03098
DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, et al.
17. Economic litigation
8. [:1 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. [:I 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
[:1 The party or parties request that the following additional matters be considered or determined at the case management
conference (spec/M:
19. Meet and confer
a. 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):
No one to confer with.All named defendants have been defaulted.
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):
l 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 conferenC'e; including-the written authority of the party'where'required.
Date: October 31, 2017
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William R. Warhurst
(TYPE OR PRINT NAME)
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(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
E: Additional signatures are attached.
CM-110 [Rev. July 1. 2011] of5
Page 5
CASE MANAGEMENT STATEMENT
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l CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY William R. Warhurst SBN: 95551 Warhurst Law Office 200 Main St., Ste 21 Redwood City, CA 94063 TELEPHONENQ:650-288-3390 E-MAILADDRESS (Optional): Mark P. Monsarrat ATTORNEY FOR (Name): FAXNO.(Optiona01650-568-0800 F " I' L SAN MATEO COUNTV E “"7" ‘2 B . ' SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO N 0V '0:I _. 2017 ’ "" STREETADDRessr400County Center - MAILING ADDRESS:4OO County Center CITY AND ZIP CODE: Redwood City, 94063 BRANCH NAME Southern Branch: Hall of Justice and Records PLAINTIFF/PETITIONER: MARK P, MONSARRAT DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE (Amount demanded E LIMITED CASE (Amount demanded is $25,000 ”CR/03098 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:Nov. 11, 2017 Time:9:00 am Dept: 21 Div.: Room: Address of court (if different from the address above): [:1 Notice of Intent to Appear by Telephone, 'by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): FILE BY F AX a. This statement is submitted by party (name):Mark P. Monsarrat b. E] This statement is submitted jointly by parties (names): / _ T“ 17—0Iv- 03098 I , l CMS ' I Case M a . . . "agemem 2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only)l 797294 sMfement :; seems:gifts:is:$52.11.... ' 3. Service (to be answered by plaintiffs and cross-complainants only) lll/lll/l/I/I/l/llI/I/Il/l/I/ll/ _ a. 1:] All parties named in the complaint and cross—complaint have been sewed, have appeared, or have been dismissed? b. The following parties named in the complaint or cross—complaint (1) :1 have not been served (specify names and explain why not): (2) Cl have been sewed but have not appeared and have not been dismissed (speciiy names): (3) have had a default entered against them (specify names): Marvin Flor; Scott Bogart C. The following additional paIties may be added (specify names, nature of involvement in case, and date by which they may be served): Discovery needed to determine identity of doe defendants who either participated in fraud or received missing money. Description of case 4. a. Type Of case in complaint l:| cross-complaint defendants to reconstruct a house and paid $239,000. B (Describe, including causes of action): Plaintiff hired defendants' own "accounting" they did not spend $167 000 on thehouse, ' but on their personal expenses, thus, defrauding plainti f. In addition, the defendant were not properly licensed dun'ng their work, so plaintiff is entitled to return of all funds pursuant to Bus. & Prof. Code 7031. Plaintiff believes others assisted defendants in the fraud, but cannot yet identify the doc defendants. Page, 0,5 F “STdta‘v’Qpéi‘l‘nfliétEiiiflfiw CASE MANAGEMENT STATEMENT . Ci.§“f§£é§i’¥§d CM-110 [Rev. July 1, 2011] www.courls.w.gov \ WattawDocai Form Buddy- CM—1 10 CASE NUMBER: PLAINTIFF/PETITIONER: MARK P_MONSARRAT 17CIV03098 DEFENDANT/RESPONDENTI MARVIN FLOR dba Good Relations Builder, 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.) In addition to loss of his contract deposits as described in 4.3. above, plaintiff has suffered loss of use of his property for very long construction delays and other significant consequential damages. Plaintiff expects to develop additional evidence supporting punitive damage claims. [:1 (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 El a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. b. i:i 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 (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. b. i: days (specify number).'4 days hours (short causes) (specify): 8. Trial representation(to be answered for each party) The party or parties will be represented at trial a. Attorney: [:I by the attorney or party listed in the caption by the following: b. Firm: 0. Address: d. Telephone number: f. Fax number: e E—mail address: E Additional representation is described in Attachment 8. 9. Party represented: 9. Preference [:I . This case is entitled to preference (specily 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 i:i has not in rule 3.221 to the client and reviewed ADR options with the client. provided the ADR information package identified (2) i:i For self—represented parties: Party has i:i has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial arbitration or civil action mediation (if available). (1) |:] This matter is subject to mandatoryjudicial 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 section1141.11. (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 exemption): No one to mediate with. Amount in controversy far exceeds $50,000 Gil-“Ore“ Ju'v 1- 20111 CASE MANAGEMENT STATEMENT Pagan“ CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: MARK P. MONSARRAT DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, ct a1. 17CIV03098 10. 0. 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 (1) Mediation l:l DDDD 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 DDDD 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 DDDD Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Nonbinding judicial Judicial arbitration scheduled for (date): (4) DDDD arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Binding private Private arbitration scheduled for (date): (5) DDDD arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): DDDD Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rem July1. 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONERMARK P. MONSARRAT — 17CIV03098 DEFENDMIT/RESPONDENTMARVIN FLOR dba Good Relations Builder, ct a1. 11.Insurance a. C] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: El Yes |:] No c. [:1 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. I:] Bankruptcy C! Other (specify): Status: f 13. Related cases, consolidation, and coordination a. [3 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: b. I: E] (4) Status: Additional cases are described in Attachment 13a. A motion to I:] consolidate |:l coordinate will be filed by (name party): 14.Bifurcation CI The party or parties intend to file a motion for an order biturcatlng, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15.Other motions [:1 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. Ci 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 Plaintiff Depositions of defs. Bogart & Flor 2—15—1 8 Plaintiff Depositions, etc. of any does identified and served 4—15-18 0. :1 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (spec/M: CM-110IRev-Ju'v1-2WI CASE MANAGEMENT STATEMENT P6924“ CM-110 CASE NUMBER: PLAINTIFF/PETITIONERZMARK P. MONSARRAT 17CIV03098 DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, et al. 17. Economic litigation 8. [:1 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. [:I 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 [:1 The party or parties request that the following additional matters be considered or determined at the case management conference (spec/M: 19. Meet and confer a. 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): No one to confer with.All named defendants have been defaulted. 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): l 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 conferenC'e; including-the written authority of the party'where'required. Date: October 31, 2017 I" ’ William R. Warhurst (TYPE OR PRINT NAME) ’ ‘ :-; LVI‘N} 3‘ mawmflwufi’ -; i. ,5? (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E: Additional signatures are attached. CM-110 [Rev. July 1. 2011] of5 Page 5 CASE MANAGEMENT STATEMENT