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