Preview
CM-110
ATTORNEY ORPARTY WITHOUTATTORNEY (Name,
State
Bar number,
and address): FOR COURTUSE ONLY
John D. Fairbrook, Esquire (SBN 105115) [3075.002]
TRAINOR FAIRBROOK
980 Fulton Avenue
Sacramento, California 95825
TELEPHONENo.:(916) 929-7000 FAXNO.(Optional):
(916) 929-7111
E-MAIL
ADDRESS (Optiona):
jfairbrook@trainorfairbrook.com ELECTRONICALLY FILED
ATTORNEY FOR(Name):
Plaintiffs superior Court of California,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Placer County of Placer
STREETADDRESS: 10820 Justice Center Drive 09/11/2020
MAILING
ADDRESS: 10820 Justice Center Drive By: OliviaLucatuorte, Deputy Clerk
cityANDzipcove: Roseville, California 95678
BRANCH NAME:
PLAINTIFF/PETITIONER: ROBERT D. TOWNSEND
DEFENDANT/RESPONDENT: DAVID C. GARD, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): —& UNLIMITED CASE [] LIMITED CASE S-CV-0043684
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: September 29, 2020 Time: 10:00 a. m. Dept.: 40 Div.: Room:
Address of court(if different
from theaddress above):
XX] Notice ofIntent to Appear by Telephone, by (name): John D. Fairbrook
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
7
a. LY This statement issubmitted by party (name): Plaintiff
ROBERT TOWNSEND
b. [] This statement issubmitted jointly by parties(names):
Complaint and cross-complaint (fobe answered by plaintiffs
and cross-complainants only)
a. The complaint was filedon (date):September 11, 2019
b. [J The cross-complaint, if any,
was filedon (date):
Service (fobe answered byplaintiffsand cross-complainants only)
a. Allparties named in thecomplaint and cross-compiaint have been served, have appeared, or have been dismissed.
b, [J The followingparties named inthe complaint orcross-complaint
(1) (4) have notbeen served (specifynames and explain why not):
(2) [J have been served but have not appeared and have not been dismissed (specifynames):
(3) LJ have had a defaultentered against them (specify names):
c. [J] The followingadditionalparties may be added (specifynames, nature ofinvolvement incase, and date by which
they may be served):
Description of case
a. Typeofcasein [x] complaint C] cross-complaint (Describe, includingcauses of action):
Complaint for Breach of Contract; Breach of Fiduciary Duty; Declaratory Relief.Specific Performance;
Accounting and Constructive Trust; and to Quiet Title to a Prescriptive Easement
Page1 of §
mm Adopted
Judicial
for Mandatory
Council Use
of California CASE MANAGEMENT STATEMENT Cal.
Rules
rules
of Court,
3.720-3.730
CM-110[Rev.
July
4, 2011]
www. courts.ca.gov
American
LeoalNet.
Inc.BO
CM-110
PLAINTIFF/PETITIONER: ROBERT D. TOWNSEND |CASE NUMBER:
_ S-CV-0043684
DEFENDANT/RESPONDENT: DAVID C. GARD, etal.
4. b. Provide a briefstatement ofthe case, including any damages. (If personalinjurydamages are sought, specifythe injuryand
damages claimed, includingmedical expenses to date[indicate source and amount], estimated futuremedical expenses, lost
earnings to date,and estimated futurelost eamings. If equitablerelief
is sought, describe the nature ofthe relief.)
This case concerns a breach of a written partnership agreement and self-dealing by Defendant in breach of his
fiduciary duty to Plaintiff. Plaintiffatso seeks declaratory reliefconcerning the partnership's rightto billboard
easements, an accounting, and ajudgment quieting titleto the billboard easement.
C (If morespace isneeded, check thisbox and attach apage designated as Attachment 4b.)
3. Jury or nonjury trial
The partyor partiesrequest [XJ ajurytrial [J a nonjury trial. (If morethan one party,provide the name of each party
requesting a jurytrial):
i. Trial date
a. [J] The trialhas been setfor (date):
b. [EX No trialdate has been set.This case willbe ready for trial
within 12 months ofthe date ofthe filing
of the complaint (if
not,explain):
c. Dates on which parties orattorneys willnot be availablefortrial(specifydates and explain reasons forunavailability):
4/05-13/21-Trial; 06/14-18/21-Trial
Estimated length of trial
The partyor partiesestimate that the trial
willtake (check one):
a. LX days (specify number): Eight (8)
b. [] hours (short causes) (specify):
Trial representation (tobe answered foreach party)
The partyor partieswillbe represented at trial [x] by the attorney or partylistedin thecaption [1] by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
C Additional representation isdescribed inAttachment 8.
Preference
Cc This case is entitledtopreference (specifycode section):
J. Alternative dispute resolution (ADR)
a. ADR information package. Please notethat different
ADR processes areavailable indifferentcourts and communities; read
the ADR information package provided by the court under rule3.221 forinformationabout theprocesses available through the
court and community programs inthiscase.
(1) For partiesrepresented by counsel: Counsel has C1 has not provided the ADR information package identified
inrule 3.221 to theclientand reviewed ADR options withthe client.
(2) For self-represented parties:Party [] has [] has not reviewed the ADR information package identified
in rule3.221.
b. Referral tojudicial arbitration or civilaction mediation (ifavailable).
(1) C1) This matter is subjectto mandatory judicialarbitration
under Code of CivilProcedure section 1141.11 or tocivilaction
mediation under Code of CivilProcedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) CJ Plaintiff
elects toreferthiscase tojudicialarbitration
and agrees to limit
recovery to the amount specifiedin Code of
CivilProcedure section 1141.11.
(3) &) This case is exempt from judicial
arbitrationunder rule 3.811 ofthe CaliforniaRules ofCourtor from civil
action
mediation under Code ofCivilProcedure section 1775 etseq. (specify exemption):
California Rule of Court No. 3.811(b)(1). Complaint includes a substantial claim for equitable relief.
110(Rev.
July
1, 2011] CASE MANAGEMENT STATEMENT Page2 of §
CM-110
PLAINTIFF/PETITIONER: . ROBERT D. TOWNSEND ee
CASE NUMBER:
|
DEFENDANT/RESPONDENT: DAVID C. GARD, etal.
10. ¢. Indicatethe ADR process or processes thatthe partyor partiesare willingtoparticipatein,have agreed to participatein,or
have already participatedin(check ailthatapply and provide the specified information):
The partyor partiescompleting | If theparty orpartiescompleting thisform in thecase have agreed to
thisform are willing to participatein orhave already completed an ADR process orprocesses,
participateinthe following ADR | indicatethe status ofthe processes (attach a copy of theparties‘ADR
processes (check allthat apply):| stipulation):
Mediation session notyet scheduled
UOOO;JOOOO;OOOO;/ocoOooOs/oooolsoogog
Mediation session scheduled for(date):
(1)Mediation C]
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 yetscheduled
Neutral evaluation scheduled for(date):
(3)Neutral evaluation Cc
Agreed to complete neutral evaluation by (date).
Neutral evaluation completed on (date):
Judicialarbitrationnot yetscheduled
(4)Nonbinding judicial g Judicialarbitrationscheduled for(date):
arbitration Agreed to complete judicialarbitrationby (date):
Judicialarbitrationcompleted on (date):
Private arbitration
not yet scheduled
(5)Binding private g Private arbitration
scheduled for(date):
arbitration Agreed to complete private arbitration
by (date):
Private arbitration
completed on (date):
ADR session not yetscheduled
(6)Other (specify): Oo ADR session scheduled for(date):
Agreed to complete ADR session by (date):
ADR completed on (date):
-110
[Rev.
July1, 2074] CASE MANAGEMENT STATEMENT Page3 of §
American
LecalNat
Inn MRR
CM-110
PLAINTIFF/PETITIONER: . ROBERT D. TOWNSEND CASE NUMBER:
$-CV-0043684
~DEFENDANT/RESPONDENT: DAVID C. GARD, et al.
11. Insurance
a. (] Insurance carrier,if any,forparty filing
thisstatement (name):
b. Reservation ofrights: [] Yes CJ No
c. L) Coverage issues willsignificantly
affect resolutionof thiscase (explain):
. Jurisdiction
Indicateany matters thatmay affectthe court'sjurisdiction
or processing of thiscase and describe the status.
[] Bankruptcy [] Other (specify):
Status:
. Related cases, consolidation, and coordination
a. (] There are companion, underlying, orrelated cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
(] Additional cases are described in Attachment 13a.
b. [LJ Amotionto [] consolidate [J coordinate willbe filedby (name party):
. Bifurcation
[J The partyor partiesintend to fileamotion for an order bifurcating,severing,or coordinating the followingissues or causes of
action (specifymoving party,type of motion, and reasons):
. Other motions
The partyor partiesexpect tofilethefollowing motions beforetrial(specifymoving party,type of motion, and issues):
Demurrer is set to be heard on June 4, 2020, inDepartment 42.
. Discovery
oo
a. LJ The party or partieshave completed alldiscovery.
b & The following discovery willbe completed by the date specified(describe allanticipated discovery):
Party Description Date
laintiff Deposition of Defendants January 1,2021
laintiff Written discovery to Defendants December 31, 2020
laintiff Subpoenas to third party December 31, 2020
laintiff Expert discovery Pursuant to
CCP § 2024.030
c. (J The followingdiscovery issues, including issues regarding the discovery ofelectronicallystored information,are
anticipated (specify):
“140
[RevJuy 1, 2011] CASE MANAGEMENT STATEMENT Page4 of
Amautnnn
Taratning
Fan MOE
CM-110
PLAINTIFF/PETITIONER: ROBERT D. TOWNSEND CASE NUMBER:
S-CV-0043684
|DEFENDANT/RESPONDENT: DAVID C. GARD, etal.
17. Economic litigation
a. (J This isa limitedcivilcase (i.e.,
the amount demanded is$25,000 orless) and the economic litigation
procedures inCode
of CivilProcedure sections 90-98 willapply tothiscase.
b. () This isa limitedcivilcase and a motion towithdraw the case from the economic litigation
procedures or foradditional
discovery willbe filed(if checked,explain specificallywhy economic litigation
procedures relatingto discovery or trial
should not apply to thiscase):
18. Other issues
L} The partyor partiesrequest that the followingadditional matters be considered ordetermined atthe case management
conference (specify):
'9. Meet and confer
a. [] The partyor partieshave met and conferred with allpartieson allsubjects required by rule3.724 of the CaliforniaRules of
Court (if not,
explain): Plaintiffscounsel has met and conferred with Defendant's counsel on potential ADR,
Defendant's Demurrer to Plaintiffs Complaint and the service ofPlaintiff'sComplaint.
b. After meeting and conferring as required by rule 3.724 ofthe California Rules ofCourt, the partiesagree on the following
(specify):
0. Total number of pages attached (ifany): _0
am completely familiarwith thiscase and willbe fully
prepared to discuss the statusof discovery and alternativedispute resolution,
s wellas other issues raised by thisstatement, and willpossess the authority toenter intostipulationson these issues at the timeof
le case management conference, including the writtenauthorityof the partywhere required.
‘ate:September __, 2020
_
ohn D. Fairbrook > - EE
(TYPEOR PRINTNAME} a (SIGNATUREOFPARTY ORATTORNEY)
> >
(TYPEOR PRINT
NAME) (SIGNATUREOFPARTY ORATTORNEY)
[_] Additionalsignatures areattached.
110 Rev.duly
1, 2041) CASE MANAGEMENT STATEMENT Page§of§
FT analNat
Amaviran Ina Lm,
PROOF OF SERVICE
I, Bridgette Schatzle, declare:
I am a citizen of the United States and employed in Sacramento County, California. Iam
over the age of eighteen years and not a party to the within-entitled action. My business address
a
is 980 Fulton Avenue, Sacramento, California 95825. On September 11, 2020, I served a copy
WN
of the within document(s):
NHN
CASE MANAGEMENT STATEMENT
NN
CO
‘a by transmitting via facsimile the document(s) listed above to the fax number(s) set
oO
forth below on this date before 5:00 p.m.
10
by placing the document(s) listed above in a sealed envelope with postage thereon
11 fully prepaid, the United States mail at Sacramento, California addressed as set
95825
forth below.
929-7000
12
929-7111
CALIFORNIA
Cl by placing the document(s) listed above in a sealed envelope and
13
(916)
affixing
(916)
a pre-paid air bill, and causing the envelope to be delivered to a Delivery
Service agent for delivery.
14
Telephone:
SACRAMENTO,
Facsimile:
Cl by
15 causing to be personally delivered the document(s) listed above to the person(s)
at the address(es) set forth below.
16
CT by transmitting via e-mail or electronic transmission the document(s) listed above
17 to the person(s) at the e-mail address(es) set forth below.
18 David E. Frank, Esquire Attorneys for Defendants David
Frank Law Group, P.C. Gard and Stephanie Gard
19 1517 Lincoln Way
20 Courthouse Plaza
Auburn, California 95603
21
Alfred A. Cabral, Esquire Attorneys for City of Colfax
22 Law Offices Pelletreau, Alderson & Cabral
Post Office Box 1000
23 Grass Valley, California 95945
24
I am readily familiar
25 with the firm's practice of collection and processing correspondence
for mailing. Under that practice
26 itwould be deposited with the U.S. Postal Service on that same
day with postage thereon
27 fully prepaid in the ordinary course of business. I am aware that on
28
PROOF OF SERVICE -1-
motion of the party served, service ispresumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
I declare that Iam employed in the office of a member of the bar of this court atwhose
WwW
direction the service was made.
ee
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
DN
Executed on September 11, 2020, at Sacramento, California.
NS
Pavidalite Schall
oO
~ Bridgette Schatzle -
\o
10
11
95825
929-7000
12
929-7111
CALIFORNIA
13
(916)
(916)
14
Telephone:
SACRAMENTO,
Facsimile:
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PROOF OF SERVICE
-2-
Preview
CM-110 ATTORNEY ORPARTY WITHOUTATTORNEY (Name, State Bar number, and address): FOR COURTUSE ONLY John D. Fairbrook, Esquire (SBN 105115) [3075.002] TRAINOR FAIRBROOK 980 Fulton Avenue Sacramento, California 95825 TELEPHONENo.:(916) 929-7000 FAXNO.(Optional): (916) 929-7111 E-MAIL ADDRESS (Optiona): jfairbrook@trainorfairbrook.com ELECTRONICALLY FILED ATTORNEY FOR(Name): Plaintiffs superior Court of California, SUPERIOR COURT OF CALIFORNIA, COUNTY OF Placer County of Placer STREETADDRESS: 10820 Justice Center Drive 09/11/2020 MAILING ADDRESS: 10820 Justice Center Drive By: OliviaLucatuorte, Deputy Clerk cityANDzipcove: Roseville, California 95678 BRANCH NAME: PLAINTIFF/PETITIONER: ROBERT D. TOWNSEND DEFENDANT/RESPONDENT: DAVID C. GARD, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): —& UNLIMITED CASE [] LIMITED CASE S-CV-0043684 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: September 29, 2020 Time: 10:00 a. m. Dept.: 40 Div.: Room: Address of court(if different from theaddress above): XX] Notice ofIntent to Appear by Telephone, by (name): John D. Fairbrook INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): 7 a. LY This statement issubmitted by party (name): Plaintiff ROBERT TOWNSEND b. [] This statement issubmitted jointly by parties(names): Complaint and cross-complaint (fobe answered by plaintiffs and cross-complainants only) a. The complaint was filedon (date):September 11, 2019 b. [J The cross-complaint, if any, was filedon (date): Service (fobe answered byplaintiffsand cross-complainants only) a. Allparties named in thecomplaint and cross-compiaint have been served, have appeared, or have been dismissed. b, [J The followingparties named inthe complaint orcross-complaint (1) (4) have notbeen served (specifynames and explain why not): (2) [J have been served but have not appeared and have not been dismissed (specifynames): (3) LJ have had a defaultentered against them (specify names): c. [J] The followingadditionalparties may be added (specifynames, nature ofinvolvement incase, and date by which they may be served): Description of case a. Typeofcasein [x] complaint C] cross-complaint (Describe, includingcauses of action): Complaint for Breach of Contract; Breach of Fiduciary Duty; Declaratory Relief.Specific Performance; Accounting and Constructive Trust; and to Quiet Title to a Prescriptive Easement Page1 of § mm Adopted Judicial for Mandatory Council Use of California CASE MANAGEMENT STATEMENT Cal. Rules rules of Court, 3.720-3.730 CM-110[Rev. July 4, 2011] www. courts.ca.gov American LeoalNet. Inc.BO CM-110 PLAINTIFF/PETITIONER: ROBERT D. TOWNSEND |CASE NUMBER: _ S-CV-0043684 DEFENDANT/RESPONDENT: DAVID C. GARD, etal. 4. b. Provide a briefstatement ofthe case, including any damages. (If personalinjurydamages are sought, specifythe injuryand damages claimed, includingmedical expenses to date[indicate source and amount], estimated futuremedical expenses, lost earnings to date,and estimated futurelost eamings. If equitablerelief is sought, describe the nature ofthe relief.) This case concerns a breach of a written partnership agreement and self-dealing by Defendant in breach of his fiduciary duty to Plaintiff. Plaintiffatso seeks declaratory reliefconcerning the partnership's rightto billboard easements, an accounting, and ajudgment quieting titleto the billboard easement. C (If morespace isneeded, check thisbox and attach apage designated as Attachment 4b.) 3. Jury or nonjury trial The partyor partiesrequest [XJ ajurytrial [J a nonjury trial. (If morethan one party,provide the name of each party requesting a jurytrial): i. Trial date a. [J] The trialhas been setfor (date): b. [EX No trialdate has been set.This case willbe ready for trial within 12 months ofthe date ofthe filing of the complaint (if not,explain): c. Dates on which parties orattorneys willnot be availablefortrial(specifydates and explain reasons forunavailability): 4/05-13/21-Trial; 06/14-18/21-Trial Estimated length of trial The partyor partiesestimate that the trial willtake (check one): a. LX days (specify number): Eight (8) b. [] hours (short causes) (specify): Trial representation (tobe answered foreach party) The partyor partieswillbe represented at trial [x] by the attorney or partylistedin thecaption [1] by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: C Additional representation isdescribed inAttachment 8. Preference Cc This case is entitledtopreference (specifycode section): J. Alternative dispute resolution (ADR) a. ADR information package. Please notethat different ADR processes areavailable indifferentcourts and communities; read the ADR information package provided by the court under rule3.221 forinformationabout theprocesses available through the court and community programs inthiscase. (1) For partiesrepresented by counsel: Counsel has C1 has not provided the ADR information package identified inrule 3.221 to theclientand reviewed ADR options withthe client. (2) For self-represented parties:Party [] has [] has not reviewed the ADR information package identified in rule3.221. b. Referral tojudicial arbitration or civilaction mediation (ifavailable). (1) C1) This matter is subjectto mandatory judicialarbitration under Code of CivilProcedure section 1141.11 or tocivilaction mediation under Code of CivilProcedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) CJ Plaintiff elects toreferthiscase tojudicialarbitration and agrees to limit recovery to the amount specifiedin Code of CivilProcedure section 1141.11. (3) &) This case is exempt from judicial arbitrationunder rule 3.811 ofthe CaliforniaRules ofCourtor from civil action mediation under Code ofCivilProcedure section 1775 etseq. (specify exemption): California Rule of Court No. 3.811(b)(1). Complaint includes a substantial claim for equitable relief. 110(Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page2 of § CM-110 PLAINTIFF/PETITIONER: . ROBERT D. TOWNSEND ee CASE NUMBER: | DEFENDANT/RESPONDENT: DAVID C. GARD, etal. 10. ¢. Indicatethe ADR process or processes thatthe partyor partiesare willingtoparticipatein,have agreed to participatein,or have already participatedin(check ailthatapply and provide the specified information): The partyor partiescompleting | If theparty orpartiescompleting thisform in thecase have agreed to thisform are willing to participatein orhave already completed an ADR process orprocesses, participateinthe following ADR | indicatethe status ofthe processes (attach a copy of theparties‘ADR processes (check allthat apply):| stipulation): Mediation session notyet scheduled UOOO;JOOOO;OOOO;/ocoOooOs/oooolsoogog Mediation session scheduled for(date): (1)Mediation C] 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 yetscheduled Neutral evaluation scheduled for(date): (3)Neutral evaluation Cc Agreed to complete neutral evaluation by (date). Neutral evaluation completed on (date): Judicialarbitrationnot yetscheduled (4)Nonbinding judicial g Judicialarbitrationscheduled for(date): arbitration Agreed to complete judicialarbitrationby (date): Judicialarbitrationcompleted on (date): Private arbitration not yet scheduled (5)Binding private g Private arbitration scheduled for(date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yetscheduled (6)Other (specify): Oo ADR session scheduled for(date): Agreed to complete ADR session by (date): ADR completed on (date): -110 [Rev. July1, 2074] CASE MANAGEMENT STATEMENT Page3 of § American LecalNat Inn MRR CM-110 PLAINTIFF/PETITIONER: . ROBERT D. TOWNSEND CASE NUMBER: $-CV-0043684 ~DEFENDANT/RESPONDENT: DAVID C. GARD, et al. 11. Insurance a. (] Insurance carrier,if any,forparty filing thisstatement (name): b. Reservation ofrights: [] Yes CJ No c. L) Coverage issues willsignificantly affect resolutionof thiscase (explain): . Jurisdiction Indicateany matters thatmay affectthe court'sjurisdiction or processing of thiscase and describe the status. [] Bankruptcy [] Other (specify): Status: . Related cases, consolidation, and coordination a. (] There are companion, underlying, orrelated cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: (] Additional cases are described in Attachment 13a. b. [LJ Amotionto [] consolidate [J coordinate willbe filedby (name party): . Bifurcation [J The partyor partiesintend to fileamotion for an order bifurcating,severing,or coordinating the followingissues or causes of action (specifymoving party,type of motion, and reasons): . Other motions The partyor partiesexpect tofilethefollowing motions beforetrial(specifymoving party,type of motion, and issues): Demurrer is set to be heard on June 4, 2020, inDepartment 42. . Discovery oo a. LJ The party or partieshave completed alldiscovery. b & The following discovery willbe completed by the date specified(describe allanticipated discovery): Party Description Date laintiff Deposition of Defendants January 1,2021 laintiff Written discovery to Defendants December 31, 2020 laintiff Subpoenas to third party December 31, 2020 laintiff Expert discovery Pursuant to CCP § 2024.030 c. (J The followingdiscovery issues, including issues regarding the discovery ofelectronicallystored information,are anticipated (specify): “140 [RevJuy 1, 2011] CASE MANAGEMENT STATEMENT Page4 of Amautnnn Taratning Fan MOE CM-110 PLAINTIFF/PETITIONER: ROBERT D. TOWNSEND CASE NUMBER: S-CV-0043684 |DEFENDANT/RESPONDENT: DAVID C. GARD, etal. 17. Economic litigation a. (J This isa limitedcivilcase (i.e., the amount demanded is$25,000 orless) and the economic litigation procedures inCode of CivilProcedure sections 90-98 willapply tothiscase. b. () This isa limitedcivilcase and a motion towithdraw the case from the economic litigation procedures or foradditional discovery willbe filed(if checked,explain specificallywhy economic litigation procedures relatingto discovery or trial should not apply to thiscase): 18. Other issues L} The partyor partiesrequest that the followingadditional matters be considered ordetermined atthe case management conference (specify): '9. Meet and confer a. [] The partyor partieshave met and conferred with allpartieson allsubjects required by rule3.724 of the CaliforniaRules of Court (if not, explain): Plaintiffscounsel has met and conferred with Defendant's counsel on potential ADR, Defendant's Demurrer to Plaintiffs Complaint and the service ofPlaintiff'sComplaint. b. After meeting and conferring as required by rule 3.724 ofthe California Rules ofCourt, the partiesagree on the following (specify): 0. Total number of pages attached (ifany): _0 am completely familiarwith thiscase and willbe fully prepared to discuss the statusof discovery and alternativedispute resolution, s wellas other issues raised by thisstatement, and willpossess the authority toenter intostipulationson these issues at the timeof le case management conference, including the writtenauthorityof the partywhere required. ‘ate:September __, 2020 _ ohn D. Fairbrook > - EE (TYPEOR PRINTNAME} a (SIGNATUREOFPARTY ORATTORNEY) > > (TYPEOR PRINT NAME) (SIGNATUREOFPARTY ORATTORNEY) [_] Additionalsignatures areattached. 110 Rev.duly 1, 2041) CASE MANAGEMENT STATEMENT Page§of§ FT analNat Amaviran Ina Lm, PROOF OF SERVICE I, Bridgette Schatzle, declare: I am a citizen of the United States and employed in Sacramento County, California. Iam over the age of eighteen years and not a party to the within-entitled action. My business address a is 980 Fulton Avenue, Sacramento, California 95825. On September 11, 2020, I served a copy WN of the within document(s): NHN CASE MANAGEMENT STATEMENT NN CO ‘a by transmitting via facsimile the document(s) listed above to the fax number(s) set oO forth below on this date before 5:00 p.m. 10 by placing the document(s) listed above in a sealed envelope with postage thereon 11 fully prepaid, the United States mail at Sacramento, California addressed as set 95825 forth below. 929-7000 12 929-7111 CALIFORNIA Cl by placing the document(s) listed above in a sealed envelope and 13 (916) affixing (916) a pre-paid air bill, and causing the envelope to be delivered to a Delivery Service agent for delivery. 14 Telephone: SACRAMENTO, Facsimile: Cl by 15 causing to be personally delivered the document(s) listed above to the person(s) at the address(es) set forth below. 16 CT by transmitting via e-mail or electronic transmission the document(s) listed above 17 to the person(s) at the e-mail address(es) set forth below. 18 David E. Frank, Esquire Attorneys for Defendants David Frank Law Group, P.C. Gard and Stephanie Gard 19 1517 Lincoln Way 20 Courthouse Plaza Auburn, California 95603 21 Alfred A. Cabral, Esquire Attorneys for City of Colfax 22 Law Offices Pelletreau, Alderson & Cabral Post Office Box 1000 23 Grass Valley, California 95945 24 I am readily familiar 25 with the firm's practice of collection and processing correspondence for mailing. Under that practice 26 itwould be deposited with the U.S. Postal Service on that same day with postage thereon 27 fully prepaid in the ordinary course of business. I am aware that on 28 PROOF OF SERVICE -1- motion of the party served, service ispresumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare that Iam employed in the office of a member of the bar of this court atwhose WwW direction the service was made. ee I declare under penalty of perjury under the laws of the State of California that the above is true and correct. DN Executed on September 11, 2020, at Sacramento, California. NS Pavidalite Schall oO ~ Bridgette Schatzle - \o 10 11 95825 929-7000 12 929-7111 CALIFORNIA 13 (916) (916) 14 Telephone: SACRAMENTO, Facsimile: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE -2-