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  • Jennifer Alvino vs. Douglas Winfield Haning06 Unlimited - Breach of Contract/Warranty document preview
  • Jennifer Alvino vs. Douglas Winfield Haning06 Unlimited - Breach of Contract/Warranty document preview
  • Jennifer Alvino vs. Douglas Winfield Haning06 Unlimited - Breach of Contract/Warranty document preview
  • Jennifer Alvino vs. Douglas Winfield Haning06 Unlimited - Breach of Contract/Warranty document preview
  • Jennifer Alvino vs. Douglas Winfield Haning06 Unlimited - Breach of Contract/Warranty document preview
  • Jennifer Alvino vs. Douglas Winfield Haning06 Unlimited - Breach of Contract/Warranty document preview
  • Jennifer Alvino vs. Douglas Winfield Haning06 Unlimited - Breach of Contract/Warranty document preview
  • Jennifer Alvino vs. Douglas Winfield Haning06 Unlimited - Breach of Contract/Warranty document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY 7M9 filagmg, Bar number and addrsss Nanette M. Beaumont #210 J. Brent Rlchard‘son #222943 Jamison Chappel & Beaumont 49430 Road 426, Suite F / PO BOX 517 Oakhurst, CA 93644 E-FILED TELEPHONENo,:(559)683—2950 FAX No. (559)683—2975 (Opu'onao: 11/3/2020 2:30 PM E-MAILADDRESS (Oplianal): Superior Court of California Defendant JOIlCSha Ruiz ATTORNEY FOR (Name):CI‘OSS County of Fresno SUPERIOR COURT OF CALIFORNIA, COUNTY OFFresno By: J. Nelson, Deputy STREET ADDRESS;1 130 O Street MAILING ADDRESS: 1 130 O Street CITYAND CODE: ZIP Fresno, 93724 BRANCH NAME;B.F. Sisk Courthouse PLAINTIFF/PETITIONER: Jenmfer AleO DEFENDANT/RESPONDENTI Douglas Winfield Haning, ct a1(including Jonesha Ruiz) CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE (Amount demanded E LIMITED CASE (Amount demanded is$25,000 2OCECG0] 974 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 18, 2020 Time: 1 :30 p.m. Dept.:402 Div.: Room: Address of court different from the (if address above): [Z] Notice of Intent to Appear by Telephone, by (name): J,Brent Richardson for Jonesha Ruiz INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): Jonesha Ruiz a. b. D [X] This statement This statement is is submitted by party (name): submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross—comp/ainants only) a. The complaint was filed on (date): July 9, 2020 b. [E The cross—complaint, ifany, was on filed (date):October 15, 2020 3. a. E Service D (tob9 answered by p/aintiffs and cross-complainants named All patties in only) the complaint and cross—complaint have been served, have appeared, or have been dismissed. named b. The (1) D following parties inthe complaint or cross-complaint have not been served (specify names and explain Why not): (2) C] have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The they following additional may be served): partiesmay be added (specify names, nature ofinvo/vement incase, and date by Which 4. Description of ca_se a. Type 0f case ln This is E complaint [X] cross—complaint a cross—complaint in interpleader relative to (Describe, including causes of action): bond proceeds. Page1of 5 Form AdoptedMandatory Use [or Judicial Council of California CASE MANAGEMENT STATEMENT Ca‘. Rules ofCuurt, 3.7204130 rules CMV11D 2011] [Rev. July 1, wwwvcouns‘cayov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Jennifer Alvino ZOCECGO 1 974 DEFENDANT/RESPONDENT; Douglas Winfield Haning, (including Jonesha Ruiz) et al 4. b. Provide a brief statement of the case, including any damages. (prersonal 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 ?stimated future lost earnings.If equitable relief is sought, describe the nature of the relief.) The cross—complamt contams causes 0f action for interpleader; statutory indemnity; written contractual indemnity; equitable indemnity; tort 0f another; implied indemnity; contribution; and declaratory relief. It arises out 0f claims in multiple superior court actions containing causes 0f action for claim on statutory bond in connection with the sale of vehicles by Gold Rush Auto to the various claimants. E3 (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury The requesting a jury trial party or parties request trial): E] a jurytrial E a nonjury trial. more than one (/f party, provide the ’ name of each party 6. a. b. D Trial E date The No trial trial has been set for (date): date has been set. This case willbe ready for within trial 12 months of the date ofthe filing of the complaint (if not, explain): C“ ”830’“ f°runava”ab””y)’ ???%in 1037396336??? %W§'1”93°fi 37356519; ??%73bfi’ie9’ff/Sfitffoafi’.exp’a’” 7. Estimated length of trial The a. b. E party or parties estimate that the E days (specify number): 1‘2 hours (short causes) (specify): take (check one): trial will 8. Trial The a. representation party or parties Attorney: (to will be answered be represented for at each party) trial [X] by the attorney or party the caption listed in E by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: De. E-mailaddress: Additional representation isdescribed inAttachment 8. g. Partyrepresented: 9. 10. E Preference This case is code entitled to preference (specify Alternative dispute resolution (ADR) section): 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 (1) and community programs For parties represented by counsel: in rule3.221 case. in this Counsel to the client and reviewed D ADR options has E] has not with the client. provided the ADR information package identified (2) For seIf-represented parties:Party D has E has not reviewed the ADR information package identified inrule 3.221. b. (1) E Referral to judicial arbitration or civil action mediation mediation under statutorylimit. ode of Civil Procedure section available). (if This matter is sulg‘ect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action 1775.3 because the amount in controversy does not exceed the (2) E] case to Plaintiff elects to refer this and agrees judicial arbitration recovery to limit to theamount specified inCode of CivilProcedure section 1141.11. (3) [X] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from action civil mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Amount in controversy CM-“OIRWJU'V 1'20“] CASE MANAGEMENT STATEMENT Wm” CM-110 PLAINTIFF/PETITlONER: CASE NUMBER: _... Jennifer Alvino DEFENDANT/RESPONDENTZ ' 20CECG01974 Douglas Winfield Haning, etal (including Jonesha Ruiz) 10. C. Indicate theADR process or processes that the party or parties are willing to participate in,have agreed to participate in,or have already participatedin (check all that apply and provide the specified information): The party or parties completing case have agreed to lfthe party or parties completing this form in the this form are willing to participateinor have already completed an ADR process or processes, participateinthe followingADR indicate the status of the processes (attach a copy of the parties’ADR processes (check allthat apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1)Mediation E3 DUDE Agreed tocompiete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement Settlement conference scheduled for (date): (2) conference DUDE Agreed tocomplete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3)Neutral evaluation DUDE Agreed tocomplete neutral evaluation by (date): Neutral evaluation completed on (date): scheduled Judicial arbitration not yet Nonbinding judicial scheduled Judicial arbitration for (date): (4) arbitration DUDE Agreed tocomplete judicial arbitration by (date): completed on Judicial arbitration (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration DUDE Agreed tocomplete private arbitrationby (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): DUDE Agreed tocomplete ADR session by (date): ADR completed on (date): CM-110 201 [Rev. July 1, 1] Page3 of 5 CASE MANAGEMENT STATEMENT CM-110 CASENUMBER: PLAINTIFF/PETITIONER: Jennifer Alvino Douglas Winfield Haning, 2OCECG0 1 974 DEFENDANT/RESPQNDENT; Jonesha Ruiz) et a1 (including 11. a. E Insurance Insurance carrier, D D any, for party if statement (name): filing this b. c. E Reservation ofrights: Coverage issues Yes will significantly No case affect resolution of this (explain): 12. Jurisdiction Indicate [j Status: Bankruptcy D any matters that may Other (specify): case and describe the affect the court's jurisdiction or processing of this status. a. E 13. Related cases, consolidation, (1) Name of case: and coordination There are companion, underlying, or related cases. (2) Name of court: (3) Case number: (4) Status: b. D E Additional cases are described A motion to E in consolidate Attachment 13a. E coordinate willbe filed by (name party): 14. Bifurcation E] The party or parties intend t0 filea motion foran order causes of bifurcating, severing, or coordinating the following issues or action (specifymoving party,type ofmotion, and reasons): 15. Other motions [X] The pgflf/ or parties ex (specify moving party, ect to file the following mptions before trial type of motion,and issues): Posmb e Stlpulate Judgment by the clalmants t0 the bond proceeds. 16. a. b. E Discovery [X] The The party or partieshave completed following discoverywill alldiscovery. be completed by the date specified (describe allanticipated discovery): Party Description Qgfi Cross—defendant Jonesha Ruiz written discovery February 2021 depositions May 2021 c_ a The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): 0M-1 1o 2011] [Rev. July 1, CASE MANAGEMENT STATEMENT Page4or5 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Jennifer Alvino Douglas Winfield Haning, ZOCECGOI 974 TDEFENDANT/RESPONDENT: (including Jonesha Ruiz) et al Economic 17. av E litigation This isa limited case civil the (i.e., of Civil Procedure sections 90-98 amount demanded is apply to this case. $25,000 or less) and the economic procedures litigation inCode E will 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 trial should not apply to this case): 18. E Other issues The party or parties request that the following additional matters be considered or determined conference (specify): atthe case management 19. a. m Meet and confer The party 0f Court or parties (ifnot, have met and conferred with explain): allparties0n allsubjects required by rule 3.724 ofthe California Rules % b. After meeting and conferring as required by rule3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Totalnumber of pages attached any): (if O lam completely familiar withthiscase and willbe fully prepared to discuss the status of discovery and alternative dispute resolution, as and will possess the authority to enter into stipulations on these issues at the time of well as other issues raised by this statement, the case management conference, where including the written authority of the party required. Date: November 3, 2020 Brent Richardson V (TYPEOR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) OR PRINT NAME) D (SIGNATURE 0F PARTY 0R AWORNEY) (TYPE Additional signatures are attached. CM-110IRev~Ju'v 11°11! CASE MANAGEMENT STATEMENT WM” PROOF OF SERVICE I certify and declare under penalty 0f perjury, under the laws 0f the State 0f California, that: 1am over the age 0f eighteen years, and I am not a party t0 01'interested in the cause entitled upon the document(s) t0 which this Proof 0f Service is affixed. I am employed in the County ofMadera, State 0f California, and my business address is P.O. BOX 517, Oakhurst, CA 93644. On November 3, 2020, I served a true and correct copy 0f the following document(s) in the manner indicated below: CASE MANAGEMENT STATEMENT (X) By placing for collection 0n this date, where it will be collected in the ordinary course 0f business and thereafter deposited in the United States Mail at Oakhurst, California, the said document(s) in a sealed envelope, with first-class postage thereon fully prepaid and 10 addressed as indicated below: 11 ( ) By sending true copies of said document(s) by facsimile 0n this date t0 the person(s) indicated below: 12 ( ) By sending true copies 0f said document(s) by email on this date to the person(s) indicated 13 below: 14 ( ) By personal delivery 0n this date t0 the person indicated below: 15 John Miser Wiley Ramey Attorney at Law Attorney at Law 16 Sierra Litigation 9520 Castillo Drive 1225 East Divisadero Street San Simeon, CA 93452 17 Fresno, CA 93721 Attorneys for Defendants Gold Rush Auto Email: imiserdbsien‘alitiggtionfiom Wholesale and Doug Haning 18 Attorneys for Plaintiff/Cross Defendant, Jennifer Alvino 19 John L. Fallat 20 Timothy J. Tomlin Law Offices 0f John L. Fallat 21 68 Mitchell Blvd, Suite 135 San Rafael, CA 94903-2046 22 Attorneys for Defendant Hudson Insurance 23 24 25 26 Dated: November 3, 2020. fjmm EILEEN R. WN \ 27 L:\CLIENTS\Carrillo-Ruiz Interplcader\POS\POS.wpd 28 1 Proof 0f Service