Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Mark S. Posard (SBN:208790) Annette L. Rose (SBN: 311274)
GORDON REES SCULLY MANSUKHANI, LLP
3 Parkcenter Drive, Suite 200
Sacramento, CA 95825
TELEPHONE NO.: (916) 565-2900 FAX NO. (Optional): (916) 920-4402
E-MAIL ADDRESS (Optional): mposard@grsm.com; arose@grsm.com
ATTORNEY FOR (Name): Defendants The Michaels Organization, LLC, et al.
09/04/2020
SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER
STREET ADDRESS: 10820 Justice Center Drive
MAILING ADDRESS:
Roseville, CA
CITY AND ZIP CODE: 95678
BRANCH NAME:
PLAINTIFF/PETITIONER: Mercy Hubbard, et al.
DEFENDANT/RESPONDENT: The Michaels Organization, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
SCV0044138
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 22, 2020 Time: 10:00 a.m. Dept.: 40 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Annette L. Rose
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name):
b. This statement is submitted jointly by parties (names): Defendants The Michaels Organization, LLC; Michaels
Management - Affordable, LLC; Sunset Street Housing Partners, LP and Sunset Street Housing Partners-Michaels
(Vitus) LLC
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(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 of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Tortious and Contractual breach of implied warranty of habitability; Violation of Civil Code §1942.4; Breach of
Contract; Breach of Quiet Enjoyment Private Nuisance; Premises Liability; Retaliation; Negligence; Unfair
Business Practice; Retaliatory Eviction; Intentional and Negligent Infliction of Emotional Distress.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Mercy Hubbard, et al.
SCV0044138
DEFENDANT/RESPONDENT: The Michaels Organization, 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.)
Plaintiffs bring this lawsuit asserting various claims of breach of the warranty of habitability, breach of contract,
retaliatory eviction, and negligence against Defendants. Defendants deny any and all liability; and deny that
Plaintiffs have been injured as alleged in the First Amended Complaint. Prior to the filing of this lawsuit, Sunset
Street Housing Partners, LP initiated an unlawful detainer against Plaintiff Mercy Hubbard to regain possession of
the subject premises due to her non-payment of rent.
(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 a jury triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for (date):
b. 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): Defendants anticipate that preparation of this case may exceed 12-months due to anticipated
law and motion, discovery disputes, and COVID-19-related delays
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Trials/Arbitrations: 2020: 10/20; 10/26; 11/2; 11/9-13, 11/16-17; 12/1; 2021: 1/11; 1-18; 1/26; 2/1; 2/2; 2/8; 2/22-25; 3/8; 3/9;
3/22; 4/12; 4/9; 4/12; 4/19; 4/26; 4/27-30; 5/6; 5/11; 5/17; 6/11; 6/18; 7/6-7/20; 10/18; 10/21.
Other Unavailable Dates: 2020: 12/1-31. 2021: 12/1-31.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 5-7
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney: Gregory Kilduff
b. Firm: Ericksen Arbuthnot
c. Address: 100 Howe Avenue, Suite 110 South
d. Telephone number: (916) 483-5181 f. Fax number: (916) 483-7558
e. E-mail address: dkilduff@ericksenarbuthnot.com g. Party represented: Sunset Street Housing Partners, LP
Additional representation is described in Attachment 8.
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 has has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(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) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Complex employment matter involving multiple causes of action against multiple parties.
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Mercy Hubbard, et al.
SCV0044138
DEFENDANT/RESPONDENT: The Michaels Organization, et al.
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 (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
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 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
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (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-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Mercy Hubbard, et al.
SCV0044138
DEFENDANT/RESPONDENT: The Michaels Organization, et al.
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name): GBTPA
b. Reservation of rights: Yes No
c. 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.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case: Sunset Street Housing Housing Partners, LP v. Mercy Hubbard, et al.
(2) Name of court: Placer County Superior Court
(3) Case number: MCV0075288
(4) Status: Trial date continued TBD due to Court closure
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be 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):
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendants intend to file a motion for summary judgment and/or adjudication upon the completion of key
discovery.
16. Discovery
a. 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
Defendants Written discovery Oct/Nov 2020
Defendants Plaintiff's deposition Oct/Nov 2020
Defendants Percipient Witness Depositions Per Code
Defendants Expert Discovery Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Defendants anticipate that there may be discovery disputes based on non-party confidentiality and Plaintiffs'
failure to engage in good-faith discovery.
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Mercy Hubbard, et al.
SCV0044138
DEFENDANT/RESPONDENT: The Michaels Organization, et al.
17. Economic litigation
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 trial
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. 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):
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): 0
I 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 conference, including the written authority of the party where required.
Date: September 2, 2020
Annette L. Rose
(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. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
1 Re: Mercy Hubbard, et al. v. The Michaels Organization, LLC, et al.
Placer County Superior Court Case No.: SCV0044138
2
PROOF OF SERVICE
3
I am a citizen of the United States. My business address is 3 Parkcenter Drive, Suite 200,
4 Sacramento, California 95825. I am employed in the City and County of Sacramento where this
service occurs. I am over the age of 18 years and not a party to the within action. I am readily
5 familiar with my employer’s normal business practice for collection and processing of
correspondence for mailing with the U.S. Postal Service, and that practice is that correspondence
6 is deposited with the U.S. Postal Service the same day as the day of collection in the ordinary
course of business.
7
On September 4, 2020, following ordinary business practice, I served a true copy of the
8 foregoing document(s) described as:
9 CASE MANAGEMENT STATEMENT
10 [X] ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to
Gordon Rees Scully Mansukhani, LLP
the persons at the e-mail address(es) listed based on California Rule of Court,
11
3 Parkcenter Drive, Suite 200
Emergency Rule 12 related to COVID-19 and notice provided on March 18, 2020, that,
Sacramento, CA 95825
12 during the coronavirus (covid-19) pandemic, this office will be working remotely, not
able to send physical mail as usual, and is therefore using only electronic mail.
13
14 Kevin Hughey Douglas M. (Gregory) Kilduff
Noah Phillips ERICKSEN ARBUTHNOT
15 Tristan Hills 100 Howe Avenue, Suite 110 South
Sacramento, CA 95825
16 HUGHEY PHILLIPS, LLP T: 916-483-5181, ext. 213; F: 916-483-7558
520 9th Street, Suite 230 dkilduff@ericksenarbuthnot.com
17 Sacramento, CA 95814 Attorneys for Defendant AWI Management
T: 916-758-2100; F: 916-758-2200 Corporation; Co-Counsel for Defendant
18 khughey@hugheyphillipsllp.com; Sunset Street Housing Partners, LP
nphillips@hugheyphillipsllp.com;
19 thills@hugheyphillipsllp.com
Attorneys for Plaintiff
20
21 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
22
Executed on September 4, 2020, at Sacramento, California.
23
24 _______________________________________
VERONICA WHITAKER
25
26
27
28
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Mark S. Posard (SBN:208790) Annette L. Rose (SBN: 311274) GORDON REES SCULLY MANSUKHANI, LLP 3 Parkcenter Drive, Suite 200 Sacramento, CA 95825 TELEPHONE NO.: (916) 565-2900 FAX NO. (Optional): (916) 920-4402 E-MAIL ADDRESS (Optional): mposard@grsm.com; arose@grsm.com ATTORNEY FOR (Name): Defendants The Michaels Organization, LLC, et al. 09/04/2020 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER STREET ADDRESS: 10820 Justice Center Drive MAILING ADDRESS: Roseville, CA CITY AND ZIP CODE: 95678 BRANCH NAME: PLAINTIFF/PETITIONER: Mercy Hubbard, et al. DEFENDANT/RESPONDENT: The Michaels Organization, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: SCV0044138 (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 22, 2020 Time: 10:00 a.m. Dept.: 40 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Annette L. Rose INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): Defendants The Michaels Organization, LLC; Michaels Management - Affordable, LLC; Sunset Street Housing Partners, LP and Sunset Street Housing Partners-Michaels (Vitus) LLC 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (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 of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Tortious and Contractual breach of implied warranty of habitability; Violation of Civil Code §1942.4; Breach of Contract; Breach of Quiet Enjoyment Private Nuisance; Premises Liability; Retaliation; Negligence; Unfair Business Practice; Retaliatory Eviction; Intentional and Negligent Infliction of Emotional Distress. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Mercy Hubbard, et al. SCV0044138 DEFENDANT/RESPONDENT: The Michaels Organization, 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.) Plaintiffs bring this lawsuit asserting various claims of breach of the warranty of habitability, breach of contract, retaliatory eviction, and negligence against Defendants. Defendants deny any and all liability; and deny that Plaintiffs have been injured as alleged in the First Amended Complaint. Prior to the filing of this lawsuit, Sunset Street Housing Partners, LP initiated an unlawful detainer against Plaintiff Mercy Hubbard to regain possession of the subject premises due to her non-payment of rent. (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 a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. 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): Defendants anticipate that preparation of this case may exceed 12-months due to anticipated law and motion, discovery disputes, and COVID-19-related delays c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Trials/Arbitrations: 2020: 10/20; 10/26; 11/2; 11/9-13, 11/16-17; 12/1; 2021: 1/11; 1-18; 1/26; 2/1; 2/2; 2/8; 2/22-25; 3/8; 3/9; 3/22; 4/12; 4/9; 4/12; 4/19; 4/26; 4/27-30; 5/6; 5/11; 5/17; 6/11; 6/18; 7/6-7/20; 10/18; 10/21. Other Unavailable Dates: 2020: 12/1-31. 2021: 12/1-31. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-7 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: Gregory Kilduff b. Firm: Ericksen Arbuthnot c. Address: 100 Howe Avenue, Suite 110 South d. Telephone number: (916) 483-5181 f. Fax number: (916) 483-7558 e. E-mail address: dkilduff@ericksenarbuthnot.com g. Party represented: Sunset Street Housing Partners, LP Additional representation is described in Attachment 8. 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 has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (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) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Complex employment matter involving multiple causes of action against multiple parties. CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Mercy Hubbard, et al. SCV0044138 DEFENDANT/RESPONDENT: The Michaels Organization, et al. 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 (attach a copy of the parties' ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation 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 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 (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (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-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Mercy Hubbard, et al. SCV0044138 DEFENDANT/RESPONDENT: The Michaels Organization, et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): GBTPA b. Reservation of rights: Yes No c. 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. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: Sunset Street Housing Housing Partners, LP v. Mercy Hubbard, et al. (2) Name of court: Placer County Superior Court (3) Case number: MCV0075288 (4) Status: Trial date continued TBD due to Court closure Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be 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): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendants intend to file a motion for summary judgment and/or adjudication upon the completion of key discovery. 16. Discovery a. 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 Defendants Written discovery Oct/Nov 2020 Defendants Plaintiff's deposition Oct/Nov 2020 Defendants Percipient Witness Depositions Per Code Defendants Expert Discovery Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Defendants anticipate that there may be discovery disputes based on non-party confidentiality and Plaintiffs' failure to engage in good-faith discovery. CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Mercy Hubbard, et al. SCV0044138 DEFENDANT/RESPONDENT: The Michaels Organization, et al. 17. Economic litigation 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 trial 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. 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): 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): 0 I 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 conference, including the written authority of the party where required. Date: September 2, 2020 Annette L. Rose (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. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com 1 Re: Mercy Hubbard, et al. v. The Michaels Organization, LLC, et al. Placer County Superior Court Case No.: SCV0044138 2 PROOF OF SERVICE 3 I am a citizen of the United States. My business address is 3 Parkcenter Drive, Suite 200, 4 Sacramento, California 95825. I am employed in the City and County of Sacramento where this service occurs. I am over the age of 18 years and not a party to the within action. I am readily 5 familiar with my employer’s normal business practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and that practice is that correspondence 6 is deposited with the U.S. Postal Service the same day as the day of collection in the ordinary course of business. 7 On September 4, 2020, following ordinary business practice, I served a true copy of the 8 foregoing document(s) described as: 9 CASE MANAGEMENT STATEMENT 10 [X] ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to Gordon Rees Scully Mansukhani, LLP the persons at the e-mail address(es) listed based on California Rule of Court, 11 3 Parkcenter Drive, Suite 200 Emergency Rule 12 related to COVID-19 and notice provided on March 18, 2020, that, Sacramento, CA 95825 12 during the coronavirus (covid-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. 13 14 Kevin Hughey Douglas M. (Gregory) Kilduff Noah Phillips ERICKSEN ARBUTHNOT 15 Tristan Hills 100 Howe Avenue, Suite 110 South Sacramento, CA 95825 16 HUGHEY PHILLIPS, LLP T: 916-483-5181, ext. 213; F: 916-483-7558 520 9th Street, Suite 230 dkilduff@ericksenarbuthnot.com 17 Sacramento, CA 95814 Attorneys for Defendant AWI Management T: 916-758-2100; F: 916-758-2200 Corporation; Co-Counsel for Defendant 18 khughey@hugheyphillipsllp.com; Sunset Street Housing Partners, LP nphillips@hugheyphillipsllp.com; 19 thills@hugheyphillipsllp.com Attorneys for Plaintiff 20 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 22 Executed on September 4, 2020, at Sacramento, California. 23 24 _______________________________________ VERONICA WHITAKER 25 26 27 28