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CM-110
ATTORNEY OR PARTYWITHOUTATTORNEY (Name, State Bar number, and address)Daniel Cederborg FOR COURT USE ONLY
Selma Harlow SBN:326011 SBN: 124260 E-FILED
2220 Tulare St Ste 500, Fresno, CA 2/4/2021 10:25 AM
93721-2128 Superior Court of California
County of Fresno
TELEPHONENO. 559 - 600-0491 FAX NO. (Optional) (559) 600-3480
E-MAIL ADDRESS 1opuonaIJ: sharlow@fresnocountyca.gov
By: L. Whipple, Deputy
ATTORNEY FOR /Name) The County of Fresno
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno
STREET ADDRESS: 1130 0 Street
MAILING ADDREss: 1130 O Street
CITY AND ZIP CODE: Fresno 93721
BRANCH NAME: B.F. Sisk Courthouse
PLAINTIFF/PETITIONER: Pacific Bell Telephone Company
DEFENDANT/RESPONDENT: Perry Arg , et. al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [ZJ UNLIMITED CASE D LIMITED CASE 19CECG04336
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows :
Date: February 19, 2021 Time :1 :30PM Dept: 402 Div.: Room :
Address of court (if different from the address above):
[ZJ Notice of Intent to Appear by Telephone, by (name): Selma Harlow
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [ZJ This statement is subm itted by party (name):
The County of Fresno
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).·
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. D 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 [ZJ complaint D cross-complaint (Describe, including causes of action):
lnterpleader
Pa e 1 of 5
Cal. Rules of Court,
Form Adopted tor Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720-3.730
CM-1 10 (Rev. July 1, 2011) www.courls.ca .gov
CM-110
CAS E NUMBER:
PLAINTIFF/PETITIONER: Pacific Bell Telephone Company
19CECG04336
DEFENDANT/RESPONDENT: Perry Arg . 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.)
[ZJ (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 D a jury trial[ZJ 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. m 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. [ZJ days (specify number): Bench trial 1 day
b. D hours (short causes) (specify).·
8. Trial representation (to be answered for each party)
[2J
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) D
For parties represented by counsel : Counsel has [ZJ 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 j ud icial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11 .
(3) [2J This case is exempt from judicial arbitration under rule 3.811
of the Cal ifornia Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Page 2 of 5
CM-1 10 [Rev. July 1. 2011 ) CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
_ PLAINTIFF/PETITIONER Pacific Bell Telephone Company
19CECG04336
DEFENDANT/RESPONDENT: Perry Arg . 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) :
D Mediation session not yet scheduled
(1) Mediation D D Mediation session scheduled for (date) :
D Agreed to comp lete mediation by (date) :
D Mediation completed on (date):
D Settlement conference not yet scheduled
(2) Settlement D D Settlement conference scheduled for (date).
conference
D Agreed to complete settlement conference by (date) :
D Settlement conference completed on (date) :
D Neutral eva luation not yet schedu led
D D Neutral evaluation schedu led for (date) :
(3) Neutral evaluation
D Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date) :
D Judicial arbitration not yet scheduled
(4) Nonbinding judicial D D Judicial arbitrati on scheduled for (date) :
arbitration
D Agreed to complete judicial arbitration by (date).
D Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private D D Private arbitration scheduled for (date) :
arbitration
D Agreed to complete private arbitration by (date) :
D Private arbitration completed on (date) :
D ADR session not yet scheduled
D D ADR session scheduled for (date) :
(6) Other (specify) :
D Agreed to complete ADR session by (date):
D ADR completed on (date) :
CM -110(Rev. July 1. 2011] Page 3 of5
CASE MANAGEMENT STATEMENT
CASE NUMBER:
PLAINTIFF/PETITIONER : Pacific Bell Telephone Company
- 19CECG04336
DEFENDANT/RESPONDENT: Perry Arg . et. al.
11 . Insurance
a. D Insurance carrier, if any , for party filing this statement (name) :
b. Reservation of rights: D Yes D No
c. D Coverage issues will significantly affect reso lution 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. D There are compan ion , underlying , or related cases.
(1)Name of case :
(2)Name of court:
(3)Case number:
(4)Status:
IZJ 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. D The following discovery will be completed by the date specified (describe all anticipated discovery) :
Party Description Date
c. D The following discovery issues, including issues regarding the discovery of electronically stored information , are
anticipated (specify).·
CM -11 0IRev. July 1, 201 1] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER : Pacific Bell Telephone Company
19CECG04336
DEFENDAN T/R ESPONDENT: Perry Arg . et. al.
17. Economic litigation
a. D Th is is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedu re sections 90-98 will apply to this case.
b.D This is a lim ited 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 litiga tion procedures relating to discovery or trial
should not apply to this case):
18. Other issues
[]J The party or parties request that the following additional matters be considered or determined at the case management
conference (specify) :
Case consolidation
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. 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
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, includi ng the written authority of the party wh ere required .
Date : 02 .04.21
Selma Harlow
(TYPE OR PRINT NAME)
â–º (SIGNATURE OF PARTY OR ATTORN EY)
(TYPE OR PRINT NAME) â–º (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached .
CM-110 [Rev. July 1, 2011 ] Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
Pacific Bell Telephone Company, Plaintiff, v. Perry Argyilan, Defendant
2 Fresno Superior Court Case No. 19CECG04336
3 I, Vincent Soliz, declare as follows:
4 I am a resident of the State of California, over the age of eighteen years, and not a
party to the within action. I am employed at the Fresno County Counsel's Office, 2220 Tulare
5 Street, Fifth Floor, Fresno, California, 93721.
6 On February 4, 2021, I served a copy of the within:
7
COUNTY OF FRESNO'S CASE MANAGEMENT STATEMENT
8
on the interested parties in said action addressed as follows:
9
Robert B. Mullen
10
AT&T Services, Inc. - Legal Dept.
11 430 Bush Street, 3rd Floor
San Francisco, CA 94108
12 Attorneys for Plaintiff Pacific
13 Bell Telephone Company
14
X by placing the document(s) listed above for mailing in the United States mail at Fresno,
15 California, in accordance with my employer's ordinary practice for collection and
16 processing of mail and addressed as set forth above.
17 â–¡ by transmitting via facsimile, the above listed document(s) to the fax number(s) set forth
above on this date before 5:00 p.m. pacific daylight time.
18
19 â–¡ by personally delivering the document(s) listed above to the person(s) at the address(es)
set forth above.
20
â–¡ by placing the document(s) listed above in a sealed envelope and placing the same for
21 overnight delivery by California Overnight at Fresno, California.
22
I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct. Executed on February 4, 2021, at Fresno, California.
24
25
VincentSoliz
26 Litigation Paralegal
27
28
Proof of Service
Fresno Superior Court Case No. 19CECG04336
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CM-110 ATTORNEY OR PARTYWITHOUTATTORNEY (Name, State Bar number, and address)Daniel Cederborg FOR COURT USE ONLY Selma Harlow SBN:326011 SBN: 124260 E-FILED 2220 Tulare St Ste 500, Fresno, CA 2/4/2021 10:25 AM 93721-2128 Superior Court of California County of Fresno TELEPHONENO. 559 - 600-0491 FAX NO. (Optional) (559) 600-3480 E-MAIL ADDRESS 1opuonaIJ: sharlow@fresnocountyca.gov By: L. Whipple, Deputy ATTORNEY FOR /Name) The County of Fresno SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS: 1130 0 Street MAILING ADDREss: 1130 O Street CITY AND ZIP CODE: Fresno 93721 BRANCH NAME: B.F. Sisk Courthouse PLAINTIFF/PETITIONER: Pacific Bell Telephone Company DEFENDANT/RESPONDENT: Perry Arg , et. al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [ZJ UNLIMITED CASE D LIMITED CASE 19CECG04336 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows : Date: February 19, 2021 Time :1 :30PM Dept: 402 Div.: Room : Address of court (if different from the address above): [ZJ Notice of Intent to Appear by Telephone, by (name): Selma Harlow INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [ZJ This statement is subm itted by party (name): The County of Fresno 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).· b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D 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 [ZJ complaint D cross-complaint (Describe, including causes of action): lnterpleader Pa e 1 of 5 Cal. Rules of Court, Form Adopted tor Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-1 10 (Rev. July 1, 2011) www.courls.ca .gov CM-110 CAS E NUMBER: PLAINTIFF/PETITIONER: Pacific Bell Telephone Company 19CECG04336 DEFENDANT/RESPONDENT: Perry Arg . 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.) [ZJ (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 D a jury trial[ZJ 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. m 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. [ZJ days (specify number): Bench trial 1 day b. D hours (short causes) (specify).· 8. Trial representation (to be answered for each party) [2J 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) D For parties represented by counsel : Counsel has [ZJ 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 j ud icial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11 . (3) [2J This case is exempt from judicial arbitration under rule 3.811 of the Cal ifornia Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Page 2 of 5 CM-1 10 [Rev. July 1. 2011 ) CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: _ PLAINTIFF/PETITIONER Pacific Bell Telephone Company 19CECG04336 DEFENDANT/RESPONDENT: Perry Arg . 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) : D Mediation session not yet scheduled (1) Mediation D D Mediation session scheduled for (date) : D Agreed to comp lete mediation by (date) : D Mediation completed on (date): D Settlement conference not yet scheduled (2) Settlement D D Settlement conference scheduled for (date). conference D Agreed to complete settlement conference by (date) : D Settlement conference completed on (date) : D Neutral eva luation not yet schedu led D D Neutral evaluation schedu led for (date) : (3) Neutral evaluation D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date) : D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitrati on scheduled for (date) : arbitration D Agreed to complete judicial arbitration by (date). D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date) : arbitration D Agreed to complete private arbitration by (date) : D Private arbitration completed on (date) : D ADR session not yet scheduled D D ADR session scheduled for (date) : (6) Other (specify) : D Agreed to complete ADR session by (date): D ADR completed on (date) : CM -110(Rev. July 1. 2011] Page 3 of5 CASE MANAGEMENT STATEMENT CASE NUMBER: PLAINTIFF/PETITIONER : Pacific Bell Telephone Company - 19CECG04336 DEFENDANT/RESPONDENT: Perry Arg . et. al. 11 . Insurance a. D Insurance carrier, if any , for party filing this statement (name) : b. Reservation of rights: D Yes D No c. D Coverage issues will significantly affect reso lution 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. D There are compan ion , underlying , or related cases. (1)Name of case : (2)Name of court: (3)Case number: (4)Status: IZJ 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. D The following discovery will be completed by the date specified (describe all anticipated discovery) : Party Description Date c. D The following discovery issues, including issues regarding the discovery of electronically stored information , are anticipated (specify).· CM -11 0IRev. July 1, 201 1] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER : Pacific Bell Telephone Company 19CECG04336 DEFENDAN T/R ESPONDENT: Perry Arg . et. al. 17. Economic litigation a. D Th is is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedu re sections 90-98 will apply to this case. b.D This is a lim ited 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 litiga tion procedures relating to discovery or trial should not apply to this case): 18. Other issues []J The party or parties request that the following additional matters be considered or determined at the case management conference (specify) : Case consolidation 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. 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 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, includi ng the written authority of the party wh ere required . Date : 02 .04.21 Selma Harlow (TYPE OR PRINT NAME) ► (SIGNATURE OF PARTY OR ATTORN EY) (TYPE OR PRINT NAME) ► (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached . CM-110 [Rev. July 1, 2011 ] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE Pacific Bell Telephone Company, Plaintiff, v. Perry Argyilan, Defendant 2 Fresno Superior Court Case No. 19CECG04336 3 I, Vincent Soliz, declare as follows: 4 I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. I am employed at the Fresno County Counsel's Office, 2220 Tulare 5 Street, Fifth Floor, Fresno, California, 93721. 6 On February 4, 2021, I served a copy of the within: 7 COUNTY OF FRESNO'S CASE MANAGEMENT STATEMENT 8 on the interested parties in said action addressed as follows: 9 Robert B. Mullen 10 AT&T Services, Inc. - Legal Dept. 11 430 Bush Street, 3rd Floor San Francisco, CA 94108 12 Attorneys for Plaintiff Pacific 13 Bell Telephone Company 14 X by placing the document(s) listed above for mailing in the United States mail at Fresno, 15 California, in accordance with my employer's ordinary practice for collection and 16 processing of mail and addressed as set forth above. 17 □ by transmitting via facsimile, the above listed document(s) to the fax number(s) set forth above on this date before 5:00 p.m. pacific daylight time. 18 19 □ by personally delivering the document(s) listed above to the person(s) at the address(es) set forth above. 20 □ by placing the document(s) listed above in a sealed envelope and placing the same for 21 overnight delivery by California Overnight at Fresno, California. 22 I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct. Executed on February 4, 2021, at Fresno, California. 24 25 VincentSoliz 26 Litigation Paralegal 27 28 Proof of Service Fresno Superior Court Case No. 19CECG04336