Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address): FOR COURT USE ONLY
Charles K. Manock, SBN 161633
MANOCKLAW
448 W. Shaw Avenue
Fresno, CA 93704
E-FILED
TELEPHONE NO.:559.696.4397 559.422.5163
FAX NO. (Optional):
9/16/2020 8:44 AM
E-MAIL ADDRESS (Optional):
Superior Court of California
Plaintiff, Sean Hodges
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
County of Fresno
1130 0 Street
STREET ADDRESS: By: J. Nelson, Deputy
1130 0 Street
MAILING ADDRESS:
Fresno, 93721
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER: Sean Hodges
DEFENDANT/RESPONDENT: Jadallah Farms, Inc; Charles Jadallah dba, et al
CASE MANAGEMENT STATEMENT CASE NUMBER:
20CECG01023
(Check one): [2J UNLIMITED CASE 0 LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 10/06/2020 Time: 1 :30 p.m. Dept.: 402 Div.: Room:
Address of court (if different from the address above):
[KJ Notice of Intent to Appear by Telephone, by (name): Charles K. Manock
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. 0 This statement is submitted by party (name): Plaintiff, Sean Hodges
b. D This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
03/18/2020
b. [KJ The cross-complaint, if any, was filed on (date):
09/11/2020
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [KJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
c. D 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 [KJ complaint D cross-complaint (Describe, including causes of action):
Complaint for Breach of Contract; including (1) breach of contract, (2) account stated, (3) reasonable value, (4) fraud.
Page 1 of 5
Cal. Rules of Court,
Form Adopted for Mandatory Use
Judicial Council of Catrfomia
CASE MANAGEMENT STATEMENT rules 3.720-3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM -110
PLAINTIFF/PETITIONER: Sean Hodges CASE NUMBER:
20CECG01023
DEFENDANT/RESPONDENT: Jadallah Farms, Inc; Charles Jadallah dba, 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.)
Plaintiff provided services to Defendant in the amount of $123,005. Defendant refuses to pay Plaintiff for services rendered.
Defendants falsely claimed ownership of equipment and instructed Plaintiff to sell for profit said equipment and use the profit of
$10,000 toward the total amount owed to Plaintiff. The true owner of said equipment contacted law enforcement and reported
the equipment as stolen. Defendants were aware they did not own said equipment and Plaintiff has suffered this loss as well.
D (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. D
The party or parties request a jury trial D a nonjury trial.
(If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for
(date):
b. CR] 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):
10/02/2020 (mediation); 10/14/2020 (mediation); 12/07/2020 (mediation); 01/22-29/2021
(trial)
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. 0 days (specify number): 2-3
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial
[[] D
by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
C. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described in Attachment 8.
9. Preference
D 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) [2J
For parties represented by counsel: Counsel has D has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) D
For self-represented parties: Party has D has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1)D 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)D 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)D 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. July 1, 2011] Page 2of 5
CASE MANAGEMENT STATEMENT
I
CM-110
PLAINTIFF/PETITIONER: Sean Hodges CASE NUMBER:
20CECG01023
DEFENDANT/RESPONDENT: Jadallah Farms, Inc; Charles Jadallah dba, 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 completingIf 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,
indicate the status of the processes (attach a copy of the parties' ADR
participate in the following ADR
stipulation):
processes (check all that apply):
DO Mediation session not yet scheduled
D Mediation session scheduled for(date):
(1) Mediation DO D Agreed to complete mediation by (date):
D Mediation completed on (date):
DO Settlement conference not yet scheduled
(2) Settlement D Settlement conference scheduled for(date):
conference DO D Agreed to complete settlement conference by(date):
D Settlement conference completed on(date):
DO Neutral evaluation not yet scheduled
D Neutral evaluation scheduled for (date):
(3) Neutral evaluation DO D Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):
DO Judicial arbitration not yet scheduled
(4) Nonbinding judicial DO D Judicial arbitration scheduled for
(date):
arbitration D Agreed to complete judicial arbitration by(date):
D Judicial arbitration completed on (date):
DO Private arbitration not yet scheduled
(5) Binding private DO D Private arbitration scheduled for
(date):
arbitration D Agreed to complete private arbitration by
(date):
D Private arbitration completed on
(date):
DO ADR session not yet scheduled
D ADR session scheduled for (date):
(6) Other (specify): DO D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Sean Hodges CASE NUMBER:
DEFENDANT/RESPONDENT: Jadallah Farms, Inc; Charles Jadallah dba, et al 20CECG01023
11. Insurance
a. D Insurance carrier, if any, for party filing this statement (name):
b. D
Reservation of rights: Yes D No
c. D 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.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [K] There are companion, underlying, or related cases.
(1) Name of case: Farm Credit Services of America v Steven Samra, et al
(2) Name of court: United States District Court Eastern District, Sacramento Division
(3) Case number: 2:20-CV-01142-TLN-DB
(4) Status:In pleadings stage, second amended complaint filed on 09/02/2020
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate will be filed by (name party):
14. Bifurcation
D 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
D The party or parties expect to file the following motions before trial
(specify moving party, type of motion, and issues):
16. Discovery
a. D The party or parties have completed all discovery.
b. [KJ The following discovery will be completed by the date specified (describe all anticipated discovery):
~ Description
Plaintiff/Defendant Discovery Per Code
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated(specify):
CM-110 [Rev. July 1, 2011]
Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Sean Hodges CASE NUMBER:
DEFENDANT/RESPONDENT: Jadallah Farms, Inc; Charles Jadallah dba, et al
20CECG01023
17. Economic litigation
a. D 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. D 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
D 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. W 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. D 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): _
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 16, 2020
Charles K. Manock
(TY PE OR PRINT NAME) â–º (SIGNATU RE OF PARTY OR ATTORNEY)
(TY PE OR PRINT NAME) â–º (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM-110 [Rev. July 1, 2011]
Page Sof 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2
I am employed in the County of Fresno, State of California, over the age of eighteen (18) years and
3 not a party to the within-entitled matter. My business address is 448 W. Shaw Avenue, Fresno, CA 93704.
4 On September 16, 2020, 2020, I caused to be served the foregoing: CASE MANAGEMENT
STATEMENT; on the interested parties in this action as follows:
5
6 Michael F. Woods, Esq.
Law Offices of Michael F. Woods
7 395 W. Portal Avenue
San Francisco, CA 94127
8 E: mikewoodsesq@gmail.com
Attorneys for Defendants
9
10
11 (BY EMAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the
parties to accept service by email or electronic transmission, I caused the documents to be sent to the
persons at the email addresses listed. I did not receive, within a reasonable time after the transmission,
12
any electronic message or other indication that the transmission was unsuccessful.
13 (State) I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
14
(Federal) I declare that I am employed in the office of a member of the bar of this court at whose
15 direction the service was made.
16
Executed on September 16, 2020.
17 Bridget Kipp
18
19
20
21
22
23
24
25
2
PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address): FOR COURT USE ONLY Charles K. Manock, SBN 161633 MANOCKLAW 448 W. Shaw Avenue Fresno, CA 93704 E-FILED TELEPHONE NO.:559.696.4397 559.422.5163 FAX NO. (Optional): 9/16/2020 8:44 AM E-MAIL ADDRESS (Optional): Superior Court of California Plaintiff, Sean Hodges ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO County of Fresno 1130 0 Street STREET ADDRESS: By: J. Nelson, Deputy 1130 0 Street MAILING ADDRESS: Fresno, 93721 CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: Sean Hodges DEFENDANT/RESPONDENT: Jadallah Farms, Inc; Charles Jadallah dba, et al CASE MANAGEMENT STATEMENT CASE NUMBER: 20CECG01023 (Check one): [2J UNLIMITED CASE 0 LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 10/06/2020 Time: 1 :30 p.m. Dept.: 402 Div.: Room: Address of court (if different from the address above): [KJ Notice of Intent to Appear by Telephone, by (name): Charles K. Manock INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. 0 This statement is submitted by party (name): Plaintiff, Sean Hodges b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 03/18/2020 b. [KJ The cross-complaint, if any, was filed on (date): 09/11/2020 3. Service (to be answered by plaintiffs and cross-complainants only) a. [KJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 [KJ complaint D cross-complaint (Describe, including causes of action): Complaint for Breach of Contract; including (1) breach of contract, (2) account stated, (3) reasonable value, (4) fraud. Page 1 of 5 Cal. Rules of Court, Form Adopted for Mandatory Use Judicial Council of Catrfomia CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM -110 PLAINTIFF/PETITIONER: Sean Hodges CASE NUMBER: 20CECG01023 DEFENDANT/RESPONDENT: Jadallah Farms, Inc; Charles Jadallah dba, 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.) Plaintiff provided services to Defendant in the amount of $123,005. Defendant refuses to pay Plaintiff for services rendered. Defendants falsely claimed ownership of equipment and instructed Plaintiff to sell for profit said equipment and use the profit of $10,000 toward the total amount owed to Plaintiff. The true owner of said equipment contacted law enforcement and reported the equipment as stolen. Defendants were aware they did not own said equipment and Plaintiff has suffered this loss as well. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. D The party or parties request a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. CR] 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): 10/02/2020 (mediation); 10/14/2020 (mediation); 12/07/2020 (mediation); 01/22-29/2021 (trial) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. 0 days (specify number): 2-3 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [[] D by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: C. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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) [2J For parties represented by counsel: Counsel has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) D For self-represented parties: Party has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1)D 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)D 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)D 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. July 1, 2011] Page 2of 5 CASE MANAGEMENT STATEMENT I CM-110 PLAINTIFF/PETITIONER: Sean Hodges CASE NUMBER: 20CECG01023 DEFENDANT/RESPONDENT: Jadallah Farms, Inc; Charles Jadallah dba, 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 completingIf 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, indicate the status of the processes (attach a copy of the parties' ADR participate in the following ADR stipulation): processes (check all that apply): DO Mediation session not yet scheduled D Mediation session scheduled for(date): (1) Mediation DO D Agreed to complete mediation by (date): D Mediation completed on (date): DO Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for(date): conference DO D Agreed to complete settlement conference by(date): D Settlement conference completed on(date): DO Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation DO D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): DO Judicial arbitration not yet scheduled (4) Nonbinding judicial DO D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by(date): D Judicial arbitration completed on (date): DO Private arbitration not yet scheduled (5) Binding private DO D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): DO ADR session not yet scheduled D ADR session scheduled for (date): (6) Other (specify): DO D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Sean Hodges CASE NUMBER: DEFENDANT/RESPONDENT: Jadallah Farms, Inc; Charles Jadallah dba, et al 20CECG01023 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. D Reservation of rights: Yes D No c. D 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. [K] There are companion, underlying, or related cases. (1) Name of case: Farm Credit Services of America v Steven Samra, et al (2) Name of court: United States District Court Eastern District, Sacramento Division (3) Case number: 2:20-CV-01142-TLN-DB (4) Status:In pleadings stage, second amended complaint filed on 09/02/2020 D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. [KJ The following discovery will be completed by the date specified (describe all anticipated discovery): ~ Description Plaintiff/Defendant Discovery Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated(specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Sean Hodges CASE NUMBER: DEFENDANT/RESPONDENT: Jadallah Farms, Inc; Charles Jadallah dba, et al 20CECG01023 17. Economic litigation a. D 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. D 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 D 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. W 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. D 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): _ 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 16, 2020 Charles K. Manock (TY PE OR PRINT NAME) â–º (SIGNATU RE OF PARTY OR ATTORNEY) (TY PE OR PRINT NAME) â–º (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page Sof 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 I am employed in the County of Fresno, State of California, over the age of eighteen (18) years and 3 not a party to the within-entitled matter. My business address is 448 W. Shaw Avenue, Fresno, CA 93704. 4 On September 16, 2020, 2020, I caused to be served the foregoing: CASE MANAGEMENT STATEMENT; on the interested parties in this action as follows: 5 6 Michael F. Woods, Esq. Law Offices of Michael F. Woods 7 395 W. Portal Avenue San Francisco, CA 94127 8 E: mikewoodsesq@gmail.com Attorneys for Defendants 9 10 11 (BY EMAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by email or electronic transmission, I caused the documents to be sent to the persons at the email addresses listed. I did not receive, within a reasonable time after the transmission, 12 any electronic message or other indication that the transmission was unsuccessful. 13 (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 14 (Federal) I declare that I am employed in the office of a member of the bar of this court at whose 15 direction the service was made. 16 Executed on September 16, 2020. 17 Bridget Kipp 18 19 20 21 22 23 24 25 2 PROOF OF SERVICE