On December 15, 2015 a
Party Statement
was filed
involving a dispute between
Bunnell, Bill,
Bunnell, Kim,
and
Amerispec Inspection Services Inc,
Century 21 M&M & Assoc,
Goesch, Audrey,
Gosselin, Tami,
Great Valley Realtors Inc,
Lyons, Duncan,
Premier Valley Inc,
Salinas, Damon,
Wright, Gina,
Wright, Jason,
Wright, Troy,
for civil
in the District Court of Stanislaus County.
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ATrORNEY 0R PARTY WHHOUT ATTORNEY
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(Name, smre‘ba‘éumber, and address):
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FOR COURT USE ONLY
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Kevin M. Massoni, Esq. 284677
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Law Ofi'lce of MinaL.‘ Ramirez .
1165 Scenic Drive, Suite C-l ’
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Modesto, CA 95350 . ,
TELEPHONE N0.: (209) 49 1 -0 1 99 FAX No.(0prional): (209) 575-9497
_E—MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Bill Bunnell and Kim Bunnell
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F StaniSIaus
STREET ADDRess:' 801 10th Street 4th Floor
MAILING ADDRESS: 801 10th Street, 4th F100;:
CITY AND ZIP CODE: Modesto, California 95354
BRANCH NAME. CiVil
PLAINTIFF/PETITIONER- Bill Bunnell and Kim Bunnell
DEFENDANT/RESPONDENT: JASON WRIGHT, GINA WRIGHT, DUNCAN Lyons, MRISPECI
INSPECTION SERVICES -INC., and DOES 1 through 50, inclusive I
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CASE MANAGEMENT STATEMENT .
CASE NUMBER:
(Check one): m UNLIMITED CASE
(Amount demanded
D LIMITED CASE
(Amount demanded'Is. $25 000
.201 8041
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v
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
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Date: April 18, 2016 Time: 8:30 a‘.m. Dept: 24 Div.: Room:
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Address of court (if different from the address above):
D Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes inust be chécked,.and the specified information must be provided.
1. Party or parties (answer one):
a.
b.
D
m
This statement
This statement
is
is
submitted by party (name):
submitted jointly by. parties (names);
Bill Bunnell and Kim Bunnell
2. Complaint _and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 12/1 5/2015
b. D
The cross- complaint, if any, was filed on (date).
3. Service (to be answered by plaintiffs and cross-complainants only)
a.
b.
D
m
All parties
The
named'In
following parties
the complaint and cross- complaint have been served, have appeared, or have been dismissed.
named In the complaint or cross- complaint
(1) m have not been served (specify names and explain why not)..
None of the parties have been served, we are in the process of amending the cpmplaint.
(2) D have been served but have not appeared and have not been dismissed (specifi/ names).
'
(3)
D have had a default entered against them (specify names):
c. D The
they
following additional parties
may be served).
may be added (specify. names, nature ofinvolvement In case, and the date by which
~
4_.' Description of case -
a. Type
1)
of case in m complaint D
Breach 0f Contract; 2) Breach of Covenant of Good Faith and Fair Dealing; 3) Concealment; 4)
cross- complaint _
(Describe, including causes of action).
Breach of Duty to Disclose; 5) Negligence.
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Page 1 ofS
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CASE MANAGEMENT STATEMENT '
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PLAINTIFF/PETITIONERzBill Burma: and Kim Bunnell mséwaéaea;
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201-8041
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DEFENDANT/RESPONDENT: JASON WRIGHT, GINA WRIGHT, DUNCAN LYONs,
AMERISPEC INSPECTION SERVICES INC., and DOES ,1 through 50, inclusive
4. b. Provide a brief statefnent of the case, including any damages. (prersona‘l 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, descn'be the nature of the relief.)
Plaintiffs have been harmed 1n that they have sufiered damages and the loss of the wages, salary, benefits, and a_dditional amounts __
ofmoney in an amount according to pro_of to be determined at trial. Defendants' breach of duties were a substantial factor 1n
causing Plaintiifs' harm For general damages (compensatory, reputational, consequential, and otherwise) 1n a sum in excess of
’
TWENTY FIVE THOUSAND DOLLARS ($25, 000 00), according to proof. - ‘3
D (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial _
m D
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The party or parties request a jury trial 'anonjury t‘rial. (If more than one party, provide the name of each party
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requesting a jury trial):
_
Trial date
a. D The trial has been set for (date):
'
b. m No trial
not, explain):
date has been set. This case
One Defendant has been
_
will be ready for trial- within 12 months of the date of the
severely injured 1n an auto accident.
filing of the complaint (if
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
The party or parties estimate that the trial will take‘(check one):
a.
b.
m
D
days (specify number):
hours (short causes) (specify):
1-5
Trial representation (to be answered for each party)
The
a.
party or parties
Attorney:
will be represented at trial ‘ D by the attorney or party listed in the caption D by the following:
b. Firm:
c. Address: I
.
‘
d. Telephone number:
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f. Fax number:
'
e. E- mail address g. Party represented:
D Additional representation is described In Attachment 8.
‘
Preference -
I
a This caSe
t
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 un'der 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
in rule 3. 221 to the client and reviewed ADR
D
options With
has m has not provided the
.the clien.t
ADR information package identified
(2) For self—represented parties: Party D has D has not reviewed the ADR information package i-dentified'In rule 3. 221
.'- 5
Referral to judicial arbitration or civil action mediation
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b. available).
a
(if 7
(1) This matter'Is subject to mandatory judicial arbitration under Code 0f Civil Procedure section 1141. 1_1 or to civil action .
mediation under of Code of Civil Procedure section 1775. 3 because the amount'In controversy does not exceed the
- -
statutory
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limit.
(2) D Plaintiff elects to refer this
CiViI Procedure section 1141. 11.
case to judicial arbitration and agrees to limit recovery to the amount specified
*
In Code of
(3) D This- case is
mediation under
exempt from judicial
Code of Civil Procedure
arbitration under
section .1775 et seq. (specify exemption).-
rule 3. 811 o_f the California Rules of Court o_r from civil aCtion
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CM-110tRev
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CASE MANAGEMENT-STATEMENT
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Bunngll, Bill
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Bunny“ and Kim Bunnell
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PLAINTIFF/PETITIONER. Bill cAsra‘méaER:
DEFENDANT/RESPONDENT: JASON WRIGHT, GINAWRIGHT, DUNCAN LYONs,
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AMERISPEC INSPECTION SERVICES INC. and DOES 1 through 50, inclusive
‘10. c. Indica'te the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in. or
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have already participated'In (check all that apply and provide the specified info_n'natioh).
The party or parties completing If the party or parties completing this form In the case have agreed to
'
this formare willingt’o.
.1
participate in 'or have a'lready completed an ADR process or processes,
‘
»
par‘ticipa’t'e-‘in the" followin'gv‘ADR indicate th'e status of the proc_e_sses (attach a copy of the parties' ADR
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K“
* processes (check ‘aII'thatfahp/y): stipulation). _
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m Mediation session not yet scheduled
D
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Mediation m .
D
Mediation session s'ch'éduled for (date):
Agreed to complete‘ medi‘ation .by (date):
D Médiation compléted fin (date):
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J! .4 ATrORNEY 0R PARTY WHHOUT ATTORNEY i»: (Name, smre‘ba‘éumber, and address): ‘ ‘ I ' " ' ‘ V (xi ‘v ‘f V_ ' , FOR COURT USE ONLY i ' 0M“ 1o é Kevin M. Massoni, Esq. 284677 - . Law Ofi'lce of MinaL.‘ Ramirez . 1165 Scenic Drive, Suite C-l ’ , : H‘ E D ‘ ' I Modesto, CA 95350 . , TELEPHONE N0.: (209) 49 1 -0 1 99 FAX No.(0prional): (209) 575-9497 _E—MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Bill Bunnell and Kim Bunnell SUPERIOR COURT OF CALIFORNIA, COUNTY 0F StaniSIaus STREET ADDRess:' 801 10th Street 4th Floor MAILING ADDRESS: 801 10th Street, 4th F100;: CITY AND ZIP CODE: Modesto, California 95354 BRANCH NAME. CiVil PLAINTIFF/PETITIONER- Bill Bunnell and Kim Bunnell DEFENDANT/RESPONDENT: JASON WRIGHT, GINA WRIGHT, DUNCAN Lyons, MRISPECI INSPECTION SERVICES -INC., and DOES 1 through 50, inclusive I V ' CASE MANAGEMENT STATEMENT . CASE NUMBER: (Check one): m UNLIMITED CASE (Amount demanded D LIMITED CASE (Amount demanded'Is. $25 000 .201 8041 ' v exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: ' ‘ Date: April 18, 2016 Time: 8:30 a‘.m. Dept: 24 Div.: Room: ' Address of court (if different from the address above): D Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes inust be chécked,.and the specified information must be provided. 1. Party or parties (answer one): a. b. D m This statement This statement is is submitted by party (name): submitted jointly by. parties (names); Bill Bunnell and Kim Bunnell 2. Complaint _and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 12/1 5/2015 b. D The cross- complaint, if any, was filed on (date). 3. Service (to be answered by plaintiffs and cross-complainants only) a. b. D m All parties The named'In following parties the complaint and cross- complaint have been served, have appeared, or have been dismissed. named In the complaint or cross- complaint (1) m have not been served (specify names and explain why not).. None of the parties have been served, we are in the process of amending the cpmplaint. (2) D have been served but have not appeared and have not been dismissed (specifi/ names). ' (3) D have had a default entered against them (specify names): c. D The they following additional parties may be served). may be added (specify. names, nature ofinvolvement In case, and the date by which ~ 4_.' Description of case - a. Type 1) of case in m complaint D Breach 0f Contract; 2) Breach of Covenant of Good Faith and Fair Dealing; 3) Concealment; 4) cross- complaint _ (Describe, including causes of action). Breach of Duty to Disclose; 5) Negligence. . I ' ‘ .' ' r - - - Page 1 ofS I CASE MANAGEMENT STATEMENT ' ——-—-— V F°3E£3$§3J33n1n3§2$§n9§° M 1-10[Rev July1 2 11] W5 BSHHIM FBRMsm A I °an';.::'§§2ag?7ug¢ www.courfspaigov Bunnell Bin - g...— ‘ ,,.__ :1 ,_._ i cmmo PLAINTIFF/PETITIONERzBill Burma: and Kim Bunnell mséwaéaea; ‘ ' ‘ 201-8041 ' v - . . DEFENDANT/RESPONDENT: JASON WRIGHT, GINA WRIGHT, DUNCAN LYONs, AMERISPEC INSPECTION SERVICES INC., and DOES ,1 through 50, inclusive 4. b. Provide a brief statefnent of the case, including any damages. (prersona‘l 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, descn'be the nature of the relief.) Plaintiffs have been harmed 1n that they have sufiered damages and the loss of the wages, salary, benefits, and a_dditional amounts __ ofmoney in an amount according to pro_of to be determined at trial. Defendants' breach of duties were a substantial factor 1n causing Plaintiifs' harm For general damages (compensatory, reputational, consequential, and otherwise) 1n a sum in excess of ’ TWENTY FIVE THOUSAND DOLLARS ($25, 000 00), according to proof. - ‘3 D (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial _ m D V I ‘ The party or parties request a jury trial 'anonjury t‘rial. (If more than one party, provide the name of each party ' ‘ ‘ ' requesting a jury trial): _ Trial date a. D The trial has been set for (date): ' b. m No trial not, explain): date has been set. This case One Defendant has been _ will be ready for trial- within 12 months of the date of the severely injured 1n an auto accident. filing of the complaint (if c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take‘(check one): a. b. m D days (specify number): hours (short causes) (specify): 1-5 Trial representation (to be answered for each party) The a. party or parties Attorney: will be represented at trial ‘ D by the attorney or party listed in the caption D by the following: b. Firm: c. Address: I . ‘ d. Telephone number: ' f. Fax number: ' e. E- mail address g. Party represented: D Additional representation is described In Attachment 8. ‘ Preference - I a This caSe t 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 un'der 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 in rule 3. 221 to the client and reviewed ADR D options With has m has not provided the .the clien.t ADR information package identified (2) For self—represented parties: Party D has D has not reviewed the ADR information package i-dentified'In rule 3. 221 .'- 5 Referral to judicial arbitration or civil action mediation - b. available). a (if 7 (1) This matter'Is subject to mandatory judicial arbitration under Code 0f Civil Procedure section 1141. 1_1 or to civil action . mediation under of 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 CiViI Procedure section 1141. 11. case to judicial arbitration and agrees to limit recovery to the amount specified * In Code of (3) D This- case is mediation under exempt from judicial Code of Civil Procedure arbitration under section .1775 et seq. (specify exemption).- rule 3. 811 o_f the California Rules of Court o_r from civil aCtion ' I— CM-110tRev 'Mnnin Drunk BSENIIAUMS'” JuIy1. 20111 . . CASE MANAGEMENT-STATEMENT I ’ ' Bunngll, Bill ‘ ' " - . Pagezors I I 1 i r“ ' v ’ ; ”r 'CM91 10 Bunny“ and Kim Bunnell ' - PLAINTIFF/PETITIONER. Bill cAsra‘méaER: DEFENDANT/RESPONDENT: JASON WRIGHT, GINAWRIGHT, DUNCAN LYONs, ' AMERISPEC INSPECTION SERVICES INC. and DOES 1 through 50, inclusive ‘10. c. Indica'te 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 info_n'natioh). The party or parties completing If the party or parties completing this form In the case have agreed to ' this formare willingt’o. .1 participate in 'or have a'lready completed an ADR process or processes, ‘ » par‘ticipa’t'e-‘in the" followin'gv‘ADR indicate th'e status of the proc_e_sses (attach a copy of the parties' ADR ' K“ * processes (check ‘aII'thatfahp/y): stipulation). _ v I m Mediation session not yet scheduled D 1" ‘m Mediation m . D Mediation session s'ch'éduled for (date): Agreed to complete‘ medi‘ation .by (date): D Médiation compléted fin (date):