Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address;: FOR COURT USE ONLY
Jerry D. Casheros #203897 H. Annie Duong #319953 E-FILED
McCormick, Barstow, Sheppard, Wayte & Carruth LLP
1/12/2021 2:05 PM
7647 N. Fresno Street
Superior Court of California
Fresno, CA 93720
County of Fresno
TELEPHONE NO.: (559) 433-1 300 FAX NO. (Oplional)'. (559) 433-2300
By: L. Whipple, Deputy
E-MAIL ADDRESS (Optional): jerry.casheros@mccormickbarstow.eom
ATTORNEY FOR fwamej: StephenRopald Cloud Jr.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS:1130 O Street
MAILING ADDRESS:
(Same)
CITY AND ZIP CODE:
Frcsno, CA 93724
BRANCH NAME: B.F. Slsk Courthouse
PLAINTIFF/PETITIONER: Stephen Ronald Cloud Jr.
DEFENDANT/RESPONDENT: John Bonadelle et a!
CASE NUMBER:
CASE MANAGEMENT STATEMENT
20CECG02855
(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: February 2, 2021 Time: 1:30 p.m. Dept.: 402 Div. Room:
Address of court (// different from the address above):
^ Notice of Intent to Appear by Telephone, by (name): H. Annie Duong
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. S This statement is submitted by party (name); Stephen Ronaid Cloud Jr.
b. n 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 28, 2020
b. n The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. ^ All parties named inthe complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. n The following parties named in the complaint or cross-complaint
(1) •
(2) •n have been served but have not appeared and have not been dismissed (specify names):
(3) • have had a default entered againstthem (specify names):
c. n The following additional parties may be added (specify names, nature ofinvolvement 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 ofaction):
Private nuisance, public nuisance, trespass, negligence, infliction of emotional distress, fraud, injunctive relief,
declaratory relief
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
CASE MANAGEMENT STATEMENT rules 3.720-3.730
Judicial Council of California
CM.110[Rev. July1,20111 www.caurts.ca.gov
American l.cgnlNel, Inc.
www rniriisWorkKUnv com
ClVl-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Stephen Ronald Cloud Jr
20CECG02855
"defendant/respondent: John Bonadelle et al
4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost eamings. if equitable relief is sought, describe the nature of the relief.)
Plaintiffalleges structures and water systems located on neighboring Defendants' property constitutes private and
public nuisances resulting in personal and property damages.
• (ifmore space is needed, check this boxand attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request S a jury trial D a nonjury trial. (If more than one party, provide thenameofeachparty
requesting a Jury trial):
6. Trial date
a. (Z1 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 dales and explain reasons for unavaiiabiiity):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [3 days (specify number): 5 to 7
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented attrial^ by the attorney or party listed in the caption D by the following;
a. Attorney:
b. Firm;
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
n 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 courtunder 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 n has not provided theADR Information package identified
in rule 3.221to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party • has • has not reviewed theADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (ifavailable).
(1) n This matter is subject to mandatory judicial arbitration under Code ofCivil 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) n Plaintiff elects to refer thiscase to judicial arbitration and agrees to limit recovery to the amount specified in Codeof
Civil Procedure section 1141.11.
(3) D This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
cM-iioiRev Juiyi.2011] CASE MANAGEMENT STATEMENT
American LegnlNet, Inc.
www Foniis\\'iii kriow.ccmi
CWl-110
CASE NUMBER:
PLAINTIFF/PETITIONER; Stephen Ronald Cloud Jr
20CECG02855
DEFENDANT/RESPONDENT: John Bonadelle et a!
10. c. Indicate the ADR process or processesthat 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 speci^ed Information):
The party or parties completing Ifthe 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 processes (attach a copy of the parties'ADR
indicate the status of the
processes (check all that apply): stipulation):
^ Mediation session not yet scheduled
• Mediation session scheduled for (date):
(1) Mediation
• Agreed to complete mediation by (date):
n Mediation completed on (date):
Q Settlementconference not yet scheduled
• Settlement conference scheduled for (date):
(2) Settlement
conference
•
• Agreed to complete settlement conference by(date) :
|~| Settlementconference completed on (date);
|~1 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
Q Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration
•
• Agreed to complete judicial arbitration by (date):
|~j Judicial arbitration completed on (date):
O Private arbitration not yet scheduled
(5) Binding private
Q Private arbitration scheduled for (date):
arbitration •
O Agreed to complete private arbitration by (date):
|~| Private arbitration completed on (date):
• ADR session notyet scheduled
(6) Other (specify): n ADR session scheduled for (date):
•
n Agreed to complete ADR session by(date):
Q ADR completed on (date):
CM-110[Rev. July1,2011] Page 3 of S
CASE MANAGEMENT STATEMENT
Americnii LrgfllNcI, Inc.
I-oriii«\VorkFlow ciiiii
^ ^°
CASE NUM8ER:
PLAINTIFF/PETITIONER; Stephen Ronald Cloud Jr
20GECG02855
"defendant/respondent; John Bonadetle et al
11. Insurance
a. • Insurance carrier, ifany. for party filing this statement fnamej;
b. Reservation ofrights: • 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 ofthis case and describe the status.
Q Bankruptcy Q 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:
r~| Additional cases are described in Attachment 13a.
b. • Amotion to • consolidate • coordinate will befiled 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 (specifymovingparty, type of motion, and reasons):
15. Other motions
• The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues):
16. Discovery
a. n The partyor parties have completed all discovery.
b ^ The following discovery will be completed by the date specified (describe allanticipated discovery):
Party Description Date
Plaintiff Written Discovery as per code
Plaintiff Depositions as per code
c. • The following discovery issues, including issues regarding the discovery ofelectronically stored information, are
anticipated (specify):
CM-HO[Rev. July 1,20111 CASE MANAGEMENT STATEMENT Page4of6
American LegalNcI, Inc.
www.FoiiinWorkFlow coiji
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Stephen Ronald Cloud Jr
20CECG02855
DEFENDANT/RESPONDENT: John Bonadelle et a!
17. Economic litigation
a. n 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. n This is a limited civil case and a motion to withdraw the casefrom the economic litigation procedures orfor additional
discovery will be filed (if checked,
explain specifically why economic litigation procedures relating todiscovery or trial
should not apply to this case):
18. Other issues
• The party orparties request that thefollowing additional matters be considered ordetermined at thecase management
conference (specify):
19. Meet and confer
a. S 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 f/fany).-
1am completely familiar with thiscase and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as otherissues raised by thisstatement, 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 partywhere required.
Date: January 12, 2021
H. Annie Duong ^
(TYPE OR PRINT NAME) ^SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Q Additional signatures are attached.
cM.iio{Rev juiyi,20111 CASE MANAGEMENT STATEMENT Pagesofs
American LegnlNel, Inc.
wmv.FdrtiisWHrkFKnv com
1 PROOF OF SERVICE
2 Stephen Cloud v. John Bonadelle et al
Case No. 20CECG02855
3
STATE OF CALIFORNIA, COUNTY OF FRESNO
4
At the time of service, I was over 18 years of age and not a party to this action. I am
5 employed in the County of Fresno, State of California. My business address is 7647 North Fresno
Street, Fresno, CA 93720.
6
On January 12, 2021,1 served true copies of the following document(s) described as
7
CASE MANAGEMENT STATEMENT
8
on the interested parties in this action as follows:
9
SEE ATTACHED SERVICE LIST
10
BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
11 persons at the addresses listed in the Service List and placed the envelope for collection and mailing,
following our ordinary business practices. I am readily familiar with this business's practice for
12 collecting and processing correspondence for mailing. On the same day that the correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United
13 States Postal Service, in a sealed envelope with postage fully prepaid.
14 I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
15
Executed on January 12, 2021, at Fresno, California.
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McCormick, Barstow,
Shepparo, Wayte &
Carruth LLP
794? NORTH FRESNO STREET
FRESNO. CA
1 SERVICE LIST
Stephen Cloud v. John Bonadelle et al
2 Case No. 20CECG02855
3 Steven D. McGee Attorneys for Defendants
Fennemore Law
4 8080 N. Palm Ave. Third Floor
Fresno, CA 93711
5
559.432.4500 (Office)
6 559.432.4590 (Fax)
7 smc2eefa),tennemorelaw.com
8 James R. Donahue Associated Counsel for Defendants
Todd A. Schaffer
9 Donahue • Davies LLP
Attorneys at Law
10 P.O. Box 277010
Sacramento CA 95827-7010
11
916-817-2900 Ph
12 916-817-2644 Fax
13 TSchaffer@donahuedavies.com
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039308-000000 7340610.1
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McCORMtCK, BARSTOW,
SHEPPARD, WAYTE &
Carruth LLP
ytiJ NORTH FRESNO STREET
PfiESNO. CA 43720