arrow left
arrow right
  • Robert Ackerman vs. Bonadelle Homes, Inc. / COMPLEX10 Unlimited - Construction Defect document preview
  • Robert Ackerman vs. Bonadelle Homes, Inc. / COMPLEX10 Unlimited - Construction Defect document preview
  • Robert Ackerman vs. Bonadelle Homes, Inc. / COMPLEX10 Unlimited - Construction Defect document preview
  • Robert Ackerman vs. Bonadelle Homes, Inc. / COMPLEX10 Unlimited - Construction Defect document preview
  • Robert Ackerman vs. Bonadelle Homes, Inc. / COMPLEX10 Unlimited - Construction Defect document preview
  • Robert Ackerman vs. Bonadelle Homes, Inc. / COMPLEX10 Unlimited - Construction Defect document preview
  • Robert Ackerman vs. Bonadelle Homes, Inc. / COMPLEX10 Unlimited - Construction Defect document preview
  • Robert Ackerman vs. Bonadelle Homes, Inc. / COMPLEX10 Unlimited - Construction Defect document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Brett L. Runyon, I133501 E-FILED ERICKSEN ARBUTHNOT Attorneys at Law 11/5/2020 9:32 AM 2440 West Shaw Avenue, Suite 101 Superior Court of California Fresno, California 93711 County of Fresno ( 559) 44 9 2 603 By: L. Hernandez, Deputy TELEPHONE NO.: FAx NO. (optional): — E-MAILADDREss (optional): brunyOneeriCkSenarbuthnOt . COm ATTORNEY FOR Name:S&J Lumber InC . SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno sTREETADDREss:1 130 0 Street MAILING ADDRESS: Fresno, GITYANDzlP GGDE: Cali f ornia 9372 1 BRANCH NAME: PLAINTIFF/PETITIONER:Robert C. Ackerman, et al. DEFENDANT/RESPONDENT:Bonadelle Homes, Inc., et al., CASE NUMBER: (Check one): ~x CASE MANAGEMENT STATEMENT UNLIMITED CASE (Amount demanded ~ LIMITED CASE (Amount demanded is $ 25,000 18CECG03693 exceeds $ 25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 17, 2020 Time: 3: 28pm Dept.: 403 Div.: Room: Address of court (if different from the address above): ~x Notice of Intent to Appear by Telephone, by (name): Brett L. Runyon, Esq INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): This statement is submitted by party (name):Cross-De fendant, S & J a. b. ~ ~x This statement is submitted jointly by parties (names): Lumber 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. b. ~ The complaint was filed on (date): The cross-complaint, if any, was filed on (date): 3. a. ~ Service (to be answered by plaintiffs and cross-complainants only) ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. The following parties named in the complaint or cross-complaint b. (1) ~ have not been served (specify names and explain why not): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature ofinvolvementin case, and dale by which they may be served): 4. Description of case a. Type of case in ~x complaint ~x cross-complaint (Descnbe, including causes of action): 1. Strict Products Liability, 2. Strict Products Liability (Component Products) 3. Breach of Implied Warranty, 4.Breach of Contract, 5. Negligence,6. Breach of Express Warranty, 7. Violation of CC 5895, et seq Paa1of6 Form Adopted tor Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3,730 CM-110 IRev. July 1, 2011] Solutfanr Qi PJ.U8 CM-110 PLAINTIFF/PETITIONER:Robert C. Ackerman, et al. CASE NUMBER: DEFENDANT/RESPONDENT:Bonadelle Homes, Inc., et al., 18CECG03693 4. b. Provide a brief statement of the case, including any damages. (If personalinjury 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 reliefis sought, describe the nature of the relief) Constructino defect action alleging various defects to approximately 21 homes built by Bonadelle in Fresno County. Case has been deemed complex and Peter Dekker has been assigned Special Master. 5. ~ (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request requesting ajury trial): ~x ~ a jury trial a nonjury trial. (If more than one party, provide the name of each party 6. a. b. ~ Trial date ~x 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 unavailabi%ty): December 2020- November 2021 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. b. ~ ~x days (specify number): 25 hours (short causes) (specify): Trial representation (to be answered for each party) 8. The party or parties will be represented at trial a. Attorney: ~x 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: Additional representation is described in Attachment 8. g. Party represented: 9. ~ 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 in rule 3.221 ~ has ~ has not to the client and reviewed ADR options with the client. provided the ADR information package identified (2) For self-represented parties: Party Referral ~ has ~ has not reviewed the ADR information package identified in rule 3.221. to judicial arbitration or civil action mediation (if available). b. (1) ~ This matter is subject to mandatory judicial 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) ~ Civil case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Plaintiff elects to refer this Procedure section 1141.11. (3) ~x This case is exempt from judicial arbitration under rule 3.811 of the California Rules ofCourt or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEIlENT CM-110 PLAINTIFF/PETITIONER: Robert C. Acke rman, et al. CASE NUMBER: EFENDANT/RESPONDENT: Bonadelle Homes, Inc., et al., 18CECG03693 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 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 (affach a copy of the parties'ADR processes (check all that apply): stipulation): ~ Mediation session not yet scheduled ~ Mediation session scheduled for (date): (1) Mediation ~ ~x Agreed to complete mediation by (date): Mediation completed on (date): Per CNO ~x Settlement conference not yet scheduled (2) Settlement ~ Settlement conference scheduled for (date): conference +x ~ ~ 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 ~ Agreed to complete neutral evaluation by (date): ~ Neutral evaluation completed on (date): ~ Judicial arbitration not yet scheduled ~ Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration ~ Agreed to complete judicial arbitration by (date): ~ Judicial arbitration completed on (date): ~ Private arbitration not yet scheduled (5) Binding private arbitration ~ ~ Private arbitration scheduled for (date): 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): ~ ~ Agreed to complete ADR session by (date): ADR completed on (date): CM-110 IRev. July 1, 2011] Page 3of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Robert C. Ackerman, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Bonadelle Homes, Inc., et al., 18CECG03693 11. Insurance Mutual Insurance a. b. c. ~x ~ Reservation of rights: ~ Insurance carrier, ifany, forpartyfiling thisstatement(name): Yes ~x No Lumbermens Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction ~ Bankruptcy Status: ~ Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Other (specify): 13. a. ~ Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name ofcourt: (3) Case number: b. ~ ~ (4) Status: Additional cases are described in Attachment 13a. A motion to ~ consolidate ~ 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 action (specify moving party, type of motion, and reasons): Other motions 15. ~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, andissues): 16. a. b. ~ Discovery ~x The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discove~): para ~Deecri tion Date Per Pre-Trial Order(s) c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IRev. July 1, 2011) Page 4of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Robert C. Ackerman, et al. CASE NUMBER'8CECG03693 DEFENDANT/REspoNDENT: Bonadelle Homes, Inc., et al., Economic litigation 17. a. ~ 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. ~ 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 tn'al should not apply to this case): 18. ~ Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. a. ~ Meet and confer 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 (lf not, explain): b. After meeting and conferring as required 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)i 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 enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: November (), 2020 Brett L Run n (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110[Rev Jul)1,2011] Page 5 of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) I am a resident of the County aforesaid; I am over the age of 18 years and not a party to the within action; my business address is: 2440 West Shaw, Suite 101, Fresno, CA 93711-3300. I am familiar with the regular mail collection and processing practices of said business, and in the ordinary course of business the mail is deposited with the United States Postal Service that same day. On November 4, 2020, I served the within CASE MANAGEMENT STATEMENT on all interested parties in this action by sending a true copy of the document by electronic submission per court order, submitted electronically by File & ServeXpress to be posted to the 10 website and notice given to all interested parties in this action as follows: 12 ALL COUNSEL 13 14 I declare under penalty of perjury under the laws of the State of California the above is true and correct. 16 Executed on November 4, 2020, at Fresno, California. 18 19 Terri Delgado 20 21 22 23 24 25 26 27 28