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  • California Open Lands  vs Butte County Department of Public WorksUnlimited Civil Complaint - Real Property document preview
  • California Open Lands  vs Butte County Department of Public WorksUnlimited Civil Complaint - Real Property document preview
  • California Open Lands  vs Butte County Department of Public WorksUnlimited Civil Complaint - Real Property document preview
  • California Open Lands  vs Butte County Department of Public WorksUnlimited Civil Complaint - Real Property document preview
  • California Open Lands  vs Butte County Department of Public WorksUnlimited Civil Complaint - Real Property document preview
  • California Open Lands  vs Butte County Department of Public WorksUnlimited Civil Complaint - Real Property document preview
  • California Open Lands  vs Butte County Department of Public WorksUnlimited Civil Complaint - Real Property document preview
  • California Open Lands  vs Butte County Department of Public WorksUnlimited Civil Complaint - Real Property document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY William N. Carlon, SBN: 305739, 245 Kentucky Street, Suite B3, Petaluma, CA 94952 Andrew L. Packard, SBN: 168690, 245 Kentucky Street, Suite B3, Petaluma, CA 94952 Late Filed TELEPHONE NO.:(707) 782-4060 FAX NO. (Optional): wncarlon@packardlawoffices.com E-MAIL ADDRESS (Optional): California Open Lands ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 12/15/2020 STREET ADDRESS:1775 Concord Avenue 1775 Concord Avenue MAILING ADDRESS: Chico 95928 CITY AND ZIP CODE: BRANCH NAME:North Butte County Courthouse PLAINTIFF/PETITIONER: California Open Lands DEFENDANT/RESPONDENT: Butte County Department of Public Works CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ✖ UNLIMITED CASE LIMITED CASE 20CV01220 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 23, 2020 Time: 10:30 A.M. Dept.: 10 Div.: Civil Room: Address of court (if different from the address above): ✖ Notice of Intent to Appear by Telephone, by (name): William N. Carlon 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): California Open Lands b. 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): September 30, 2020 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): Declaratory and injunctive relief. Enforcement of a conservation easement by grantee California Open Lands against grantor Butte County Department of Public Works for activities harming the conservation values of the easement, including the discharge of landfill leachate into the preserve and the unauthorized excavation and grading of lands within the preserve. 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 CM-110 PLAINTIFF/PETITIONER: California Open Lands CASE NUMBER: DEFENDANT/RESPONDENT: Butte County Department of Public Works 20CV01220 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 seeks injunctive and declaratory relief. Plaintiff seeks to enjoin Defendant from discharging leachate into the preserve, and to enjoin Defendant's unlawful activities in the preserve. Furthermore, Plaintiff seeks injunctive relief in the form of Defendant restoring the preserve to its condition prior to Defendant's unlawful activities. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. 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. ✖ (if 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ✖ days (specify number): Five days 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: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: 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): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: California Open Lands CASE NUMBER: DEFENDANT/RESPONDENT: Butte County Department of Public Works 20CV01220 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 ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: California Open Lands CASE NUMBER: DEFENDANT/RESPONDENT: Butte County Department of Public Works 20CV01220 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. 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: 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 (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial 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 Plaintiff Written discovery 6/1/2021 Inspections of land 4/1/2021 Depositions 7/1/2021 Expert discovery c. 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: California Open Lands CASE NUMBER: DEFENDANT/RESPONDENT: Butte County Department of Public Works 20CV01220 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): On October 28, 2020, the parties met and conferred about the facts and issues that are in dispute in the case, but no agreement was reached. 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): 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: December 15, 2020 William N. Carlon (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 For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form