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  • F & T INVEST v. WHITECHAT, PATRICIACivil-Roseville document preview
  • F & T INVEST v. WHITECHAT, PATRICIACivil-Roseville document preview
  • F & T INVEST v. WHITECHAT, PATRICIACivil-Roseville document preview
  • F & T INVEST v. WHITECHAT, PATRICIACivil-Roseville document preview
  • F & T INVEST v. WHITECHAT, PATRICIACivil-Roseville document preview
  • F & T INVEST v. WHITECHAT, PATRICIACivil-Roseville document preview
  • F & T INVEST v. WHITECHAT, PATRICIACivil-Roseville document preview
  • F & T INVEST v. WHITECHAT, PATRICIACivil-Roseville document preview
						
                                

Preview

CM-110 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY S. EDWARD SLABACH (SBN 206020 YOUNG MINNEY & CORR, LLP 655 UNIVERSITY AVENUE, SUITE 150 SACRAMENTO, CA 95825 ELECTRONICALLY FILED TELEPHONE NO. (916) 646-1400 FAX NO. (Optional) (916) 646-1300 Superior Court of California, E-MAIL ADDRESS (Optiona): tsLabach@mycharterlaw.com ATTORNEY FOR (Name): DUARTE CONSTRUCTION County of Placer SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER 07/02/2020 STREET ADDRESS: 10820 Justice Center Drive By: Christina Waggoner, Deputy Clerk MAILING ADDRESS: 10820 Justice Center Drive CITY AND ZIP CODE: Roseville, CA 95678 BRANCH NAME: PLAINTIFF/PETITIONER: F & T INVESTMENTS, INC., dba DUARTE CONSTRUCTION, DEFENDANT/RESPONDENT: PATRICIA D. WHITECHAT CASE MANAGEMENT STATEMENT CASE NUMBER: SVC0044610 (Check one): [24] UNLIMITED CASE [_] timitep cASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) |A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: JULY 7, 2020 Time: 10:00 AM Dept.: 40 Div.: Room: Address of court (if different from the address above): [x] Notice of Intent to Appear by Telephone, by (name): S. EDWARD SLABACH, ESQ. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. [5<] This statement is submitted by party (name): F & T INVESTMENTS, INC., dba DUARTE CONSTRUCTION, b. [__] This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): March 11, 2020 b. [¢] The cross-complaint, if any, was filed on (date): unk Service (to be answered by plaintiffs and cross-complainants only) a. [5¢] 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) [-7] have not been served (specify names and explain why not): (2) [1] 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): Description of case a Type of casein [_x] complaint [6¢] cross-complaint (Describe, including causes of action): Complaint for Foreclosure of Mechanic's Lien; breach of contract; account stated; quantum meruit. Cross-complaint for breach of contract and breach of warranty. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California rules 3.720-3.730 CM-110 [Rev. July1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: F & T INVESTMENTS, INC., dba DUARTE CONSTRUCTION, CASE NUMBER: DEFENDANT/RESPONDENT: PATRICIA D. WHITECHAT SVC0044610 4.b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amountl, estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff provided Defendant with labor and materials for the reconstruction of her residence. The balance owing to plaintiff for that labor and material is approximately $47K, which defendant has thus far failed to pay. Defendant denies the allegations and cross claims for breach of contract/warrant alleging poor workmanship. [_] (/f more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial a. The party or parties request [—_] a jury trial [2] anonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Trial date a. [__] The trial has been set for (date): b. [3¢] 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 unavailability): 6/1/20 — 6/30/20; 7/1/20; 7/10/20; 7/20/20 — 8/5/20; 9/11/20 — 10/6/20; 2/3/21; 2/12/21 — 2/17/21; 4/13/21; 4/15/21 — 4/30/21 Estimated length of trial The party or parties estimate that the trial will take (check one): a. [5<] days (specify number): 4 b. [-_] hours (short causes) (specify): 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 [1 by the following: a Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [J Additional representation is described in Attachment 8. 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 [x ] has [J 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) (J 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): (CM-110 [Rev. July1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: F & T INVESTMENTS, INC., dba DUARTE CONSTRUCTION, CASE NUMBER: SVC0044610 DEFENDANT/RESPONDENT: PATRICIA D. WHITECHAT 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 CJ [_) Agreed to complete mediation by (date): [-] Mediation completed on (date): [J Settlement conference not yet scheduled (2) Settlement [J 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): [J Neutral evaluation completed on (date): [} Judicial arbitration not yet scheduled (4) Nonbinding judicial [J Judicial arbitration scheduled for (date): arbitration [_) Agreed to complete judicial arbitration by (date): [-] Judicial arbitration completed on (date): [5] Private arbitration not yet scheduled (5) Binding private [J Private arbitration scheduled for (date): arbitration [) Agreed to complete private arbitration by (date): [_} Private arbitration completed on (date): [J ADR session not yet scheduled [-] ADR session scheduled for (date): (6) Other (specify): [-] Agreed to complete ADR session by (date): [J ADR completed on (date): (CM-110 [Rev. July1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: F & T INVESTMENTS, INC., dba DUARTE CONSTRUCTION, CASE NUMBER: SVC0044610 DEFENDANT/RESPONDENT: PATRICIA D. WHITECHAT 11. Insurance a. [__] Insurance carrier, if any, for party filing this statement (name): 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. [J Bankruptcy [_] Other (specify): Status: 13. Related cases, consolidation, and coordination a. [__] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [J Additional cases are described in Attachment 13a. b. [__] Amotion to [J consolidate [J coordinate will 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 [6<] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): The pending motion to stay proceeding while the dispute is arbitrated. 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 Descriptior Date No discovery is anticipated. c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. July1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: F & T INVESTMENTS, INC., dba DUARTE CONSTRUCTION, CASE NUMBER: SVC0044610 DEFENDANT/RESPONDENT: PATRICIA D. WHITECHAT 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 [4] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): A possible stipulation by the parties to stay the action pending the arbitration of the dispute. 19. Meet and confer a. [4<] 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 | 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. Lk dbl Date: JUNE 22, 2020 S. EDWARD SLABACH. ESQ. (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. July1, 2011] Page § of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE I, LIA I. BLANCO, declare: Tam over the age of eighteen years and not a party to the within action. 1 am employed by the law firm of Young, Minney & Corr, LLP. in the County of Sacramento, California and my business address is 655 University Ave., Suite 150, Sacramento, CA 95825. On the date set forth below, I served the foregoing document described as PLAINTIFF’S CASE MANAGEMENT STATEMENT, on the interested parties in this action as follows: Joel C. Baiocchi, Esq. Attorneys for Respondent/Defendant, Post Office Box 67 PATRICIA D.WHITECHAT Dutch Flat, CA 95714 Telephone: (530) 389-9175 10 E-mail: jeblaw2@att.net 11 [ ] (VIA U.S. MAIL) I caused such document to be placed in the U.S. Mail at Sacramento, California with postage thereon fully prepaid. 12 Tam “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware 13 that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 14 [XX] (VIA ELECTRONIC DELIVERY) | caused such document to be transmitted via e- 15 mail to the addressee from the e-mail address of Iblanco@mycharterlaw.com, Pursuant to agreement of counsel, and to the Emergency Rules Related to COVID-19, Emergency 16 Rule 12(b). 17 ] (VIA OVERNIGHT MAIL) by placing a true copy thereof enclosed in a sealed envelope, with delivery fees paid or provided for, in a designated area for outgoing overnight mail, addressed as set forth below. In the ordinary course of business mail 18 placed in that designated area is picked up that same day for delivery the following business day. 19 20 [XX] (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 22 Executed on June 22, 2020 at Sacramento, California. 23 mlb LIA I. BLANCO 24 25 26 27 28 YOUNG, MINNEY & CORR, LLP -1- (65S UNIVERSITY AVENUE Sure 150, SACRAMENTO, CA 95825 PROOF OF SERVICE