Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
John Miser [SBN 313987] E-FILED
SIERRA LITIGATION
1225 East Divisadero Street 1/15/2021 2:00 PM
Superior Court of California
Fresno, CA 93721
TELEPHONE NO.: (559) 472-9906 FAX NO. (Optional): (888) 405-2536
County of Fresno
E-MAIL ADDRESS (Optional): jmiser@sierralitigation.com
By: L.Whipple, Deputy
ATTORNEY FOR (Name): JENNIFER ALVINO
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS: 1130 O Street
MAILING ADDRESS: 1130 O Street
CITY AND ZIP CODE: Fresno, CA 93721
BRANCH NAME: B.F. Sisk Courthouse
PLAINTIFF/PETITIONER: JENNIFER ALVINO
DEFENDANT/RESPONDENT: DOUGLAS WINEFIELD HANING, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
20CECG01974
(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: 1/22/2021 Time: 1:30 PM Dept.: 402 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): John Miser
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): Jennifer Alvino
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): July 9, 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):
CLRA; Song-Beverly; Fraudulent/Negligent Misrepresentation
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: JENNIFER ALVINO CASE NUMBER:
20CECG01974
DEFENDANT/RESPONDENT: Douglas Winefield Haning dba Gold Rush Auto
Wholesale, 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 alleges violations of Song-Beverly and CLRA for purchase of vehicle with serious mechanical defects at
time of purchase.
(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):
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): 3-5
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]
CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: Jennifer Alvino CASE NUMBER:
20CECG01974
DEFENDANT/RESPONDENT: Douglas Winefield Haning dba Gold Rush Auto
Wholesale, 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]
CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
PLAINTIFF/PETITIONER: Jennifer Alvino CASE NUMBER:
20CECG01974
DEFENDANT/RESPONDENT: Douglas Winefield Haning dba Gold Rush Auto
Wholesale, et al.
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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
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 Interrogatories As per code
Plaintiff Request for Production As per code
Plaintiff Depositions As per code
Plaintiff Expert Discovery As per code
Plaintiff Supplemental Discovery As per code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 4 of 5
PLAINTIFF/PETITIONER: Jennifer Alvino CASE NUMBER:
20CECG01974
DEFENDANT/RESPONDENT: Douglas Winefield Haning dba Gold Rush Auto
Wholesale, 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):
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: January 15, 2021
John Miser }
(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]
CASE MANAGEMENT STATEMENT Page 5 of 5
1 PROOF OF SERVICE
Alvino, Jennifer v. Douglas Winefield Haning, et al.
2 20CECG01974
3
My business address is 1225 East Divisadero Street, Fresno, California 93721. I am
4 employed in Fresno, California. I am over the age of 18 years and am not a party to this case.
5 On the date indicated below, I served the foregoing document(s) described as CASE
MANAGEMENT STATEMENT {CM-110} to all interested parties in this action as indicated
6 in the attached service list and in the manner as described below:
7 Wiley Ramey
wileyramey@aol.com
8 Attorneys for Douglas Winefield Haning dba Gold Rush Auto Wholesale
9 Timothy J. Tomlin
10
ttomlin@fallat.com
Attorneys for Hudson Insurance Company
11
Nanette Beaumont
12 nbeaumont@oakhurstlaw.com
Attorneys for Jocelye Carillo/Jonesha Ruiz
13
Dennis DeFelice
14 dennis.defelice@dmv.co.gov
Attorneys for Dept. of Motor Vehicles
15
Colin Welsh
16 colin.calemons@gmail.com
Attorneys for Isaiah Rodriguez
17
18 (BY MAIL) I am readily familiar with the business’ practice for collection and processing
19
of correspondence for mailing, and that correspondence, with postage thereon fully prepaid,
will be deposited with the United States Postal Service on the date noted below in the ordinary
20 course of business at Fresno, California.
21 (BY PERSONAL SERVICE) I caused delivery of such envelope(s) by hand, to the
office(s) of the address(es) on the proceeding page.
22
BY ELECTRONIC MAIL) I caused such documents to be scanned into PDF format and
23 sent via electronic mail to the electronic mail address(es) of the address(es) designated above.
24 EXECUTED ON January 15, 2021 at Fresno, California.
25 (STATE) I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
26
27
By: ____________________________________
28 Nichole M. Atkinson, Declarant
1
CASE MANAGEMENT STATEMENT {CM-110}
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY John Miser [SBN 313987] E-FILED SIERRA LITIGATION 1225 East Divisadero Street 1/15/2021 2:00 PM Superior Court of California Fresno, CA 93721 TELEPHONE NO.: (559) 472-9906 FAX NO. (Optional): (888) 405-2536 County of Fresno E-MAIL ADDRESS (Optional): jmiser@sierralitigation.com By: L.Whipple, Deputy ATTORNEY FOR (Name): JENNIFER ALVINO SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS: 1130 O Street MAILING ADDRESS: 1130 O Street CITY AND ZIP CODE: Fresno, CA 93721 BRANCH NAME: B.F. Sisk Courthouse PLAINTIFF/PETITIONER: JENNIFER ALVINO DEFENDANT/RESPONDENT: DOUGLAS WINEFIELD HANING, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: 20CECG01974 (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: 1/22/2021 Time: 1:30 PM Dept.: 402 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): John Miser 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): Jennifer Alvino 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): July 9, 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): CLRA; Song-Beverly; Fraudulent/Negligent Misrepresentation Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: JENNIFER ALVINO CASE NUMBER: 20CECG01974 DEFENDANT/RESPONDENT: Douglas Winefield Haning dba Gold Rush Auto Wholesale, 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 alleges violations of Song-Beverly and CLRA for purchase of vehicle with serious mechanical defects at time of purchase. (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): 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): 3-5 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] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: Jennifer Alvino CASE NUMBER: 20CECG01974 DEFENDANT/RESPONDENT: Douglas Winefield Haning dba Gold Rush Auto Wholesale, 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] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: Jennifer Alvino CASE NUMBER: 20CECG01974 DEFENDANT/RESPONDENT: Douglas Winefield Haning dba Gold Rush Auto Wholesale, et al. 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 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 Interrogatories As per code Plaintiff Request for Production As per code Plaintiff Depositions As per code Plaintiff Expert Discovery As per code Plaintiff Supplemental Discovery As per code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER: Jennifer Alvino CASE NUMBER: 20CECG01974 DEFENDANT/RESPONDENT: Douglas Winefield Haning dba Gold Rush Auto Wholesale, 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): 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: January 15, 2021 John Miser } (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] CASE MANAGEMENT STATEMENT Page 5 of 5 1 PROOF OF SERVICE Alvino, Jennifer v. Douglas Winefield Haning, et al. 2 20CECG01974 3 My business address is 1225 East Divisadero Street, Fresno, California 93721. I am 4 employed in Fresno, California. I am over the age of 18 years and am not a party to this case. 5 On the date indicated below, I served the foregoing document(s) described as CASE MANAGEMENT STATEMENT {CM-110} to all interested parties in this action as indicated 6 in the attached service list and in the manner as described below: 7 Wiley Ramey wileyramey@aol.com 8 Attorneys for Douglas Winefield Haning dba Gold Rush Auto Wholesale 9 Timothy J. Tomlin 10 ttomlin@fallat.com Attorneys for Hudson Insurance Company 11 Nanette Beaumont 12 nbeaumont@oakhurstlaw.com Attorneys for Jocelye Carillo/Jonesha Ruiz 13 Dennis DeFelice 14 dennis.defelice@dmv.co.gov Attorneys for Dept. of Motor Vehicles 15 Colin Welsh 16 colin.calemons@gmail.com Attorneys for Isaiah Rodriguez 17 18 (BY MAIL) I am readily familiar with the business’ practice for collection and processing 19 of correspondence for mailing, and that correspondence, with postage thereon fully prepaid, will be deposited with the United States Postal Service on the date noted below in the ordinary 20 course of business at Fresno, California. 21 (BY PERSONAL SERVICE) I caused delivery of such envelope(s) by hand, to the office(s) of the address(es) on the proceeding page. 22 BY ELECTRONIC MAIL) I caused such documents to be scanned into PDF format and 23 sent via electronic mail to the electronic mail address(es) of the address(es) designated above. 24 EXECUTED ON January 15, 2021 at Fresno, California. 25 (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 26 27 By: ____________________________________ 28 Nichole M. Atkinson, Declarant 1 CASE MANAGEMENT STATEMENT {CM-110}