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  • BUNNELL, BILL VS. WRIGHT, JASONcivil document preview
  • BUNNELL, BILL VS. WRIGHT, JASONcivil document preview
  • BUNNELL, BILL VS. WRIGHT, JASONcivil document preview
  • BUNNELL, BILL VS. WRIGHT, JASONcivil document preview
  • BUNNELL, BILL VS. WRIGHT, JASONcivil document preview
  • BUNNELL, BILL VS. WRIGHT, JASONcivil document preview
  • BUNNELL, BILL VS. WRIGHT, JASONcivil document preview
  • BUNNELL, BILL VS. WRIGHT, JASONcivil document preview
						
                                

Preview

.c" 13 F » "'" _ "J "‘4 - CM—110 FOR COURT USE ONLY M/fi/II’ ATTORNEY OR PARTY WITHOUT ATFORNEY (Name, Srafé Bar number, and address): I. SBN 210206/Michael Hooshie Broomand. H. Rand, SBN 288208 NEWMAN & BROOMAND, LLP -4' 2360 East Bidwell Street, Suite 100, Folsom, CA 95630 TELEPHONE No.2 91 6.932.039? FAX No. (Optional): 91 69320398 E-MAIL ADDRESS (Optional): . ATFORNEY FOR(Name): Duncan Lyons d/b/a Amerispec Inspection Services SUPERIOR COURT 0F CALIFORNIA, COUNTY oaStanislaus STREETADDRESS: 800 11th Street MAILING ADDRESS: FIL iNG N(f/ LATE B ' CITYANDZIP CODE: Modesto] 95354 BRANCHNAME THIS DOCUMENT MAY NOT BE ' ‘ Li; pLAINTIFF/pETITIONER: Bin Bunnen and Kim Bunnell, et aI. AVA'EABLED'LN ESUFE Shim 79 Q’ “r DEFENDANT/RESPONDENT: GreatVaIIey Realtors, lnc., et al CHE ,_ x § e \. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE E LIMITED CASE 2018041 , (Amount demanded exceeds $25,000) (Amount demanded or less) is $25,000 ’1/S\ SW (M D A CASE MANAGEMENT CONF RENCE Date: December 5, 2016 is scheduléd Time: 8:30 a.m. aflows: Dept: 24 / Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): l, Hooshie Broomand INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1 . Party or parties (answer one): b. E This statement This statement is is submitted by party (name): submitted jointly by parties (names): Duncan Lyons dba Amerispec Inspection Services 2. Complaint and cross-complaint (to be answered by plaintiffs and cross—complainants only) a. b. E The complaint was filed on (date): The cross-complaint if any. was filed on (date): 3. Service a. E E (to be answered by plaintiffs and cross-complainants AII parties The named'In only) the complaint and cross- c-omplaint have been sewed, have appeared or have been dismissed. named'In b. (1) E following parties the cqmplaint or cross-complaint have not been served (specify names and eXplain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties they may be served): may be added (specify names, nature ofinvolvementin case, .and date by which 4. Description of case 3- Type 0f case In - complaint E cross-complaint (Describe, including causes of action): Plaintiffs are seeking recovery for failure to disclose by defendants on a sale of property in Stanislaus County, CA. Page 1 of5 F°5'3déz‘::rezia°ca.“4?2:2;zvmzse CASE MANAGEMENT STATEMENT C?dieifiziiiz“; CM—1 1 0 [Rev. July 1, 201 1] www.counscagov " V" L ' . r , ’ 1» I X W J , CM-11o Bunnell and Kim Bunnell. et _ PLAINTIFF/PETITIONER; Bill al. CgsofigAZR DEFENDANT/RESPONDENT: Great Valley Realtors, |nc., et al 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amounfl, estimated future medical expenses, lost earnings to date, and estimated future lost eamings. If equitable reliefis sought, descn‘be the nature of the relief.) Plaintiff filed a claim for alleged defects outside the scope of Duncan Lyons contracted and legal requirements. E (lfmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury The trial party or parties request requesting a jury trial): a jury trial ‘ E a nonjury trial. (lfmore than one party, provide the name ofeach party 6. Trial a. b. E date The trial has been set for (date): No trial date has been set. This case will be ready for trial within 12 months r 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): days (specify number): Ten (10) a. b. E hours (short causes) (specify): 8. Trial The a. representation party 0r parties Attorney: (to will be answered be represented for each party) at trial ‘m by the attorney or party listed in the caption E by the following: b. Firm: ‘ c. Address: d. Telephone number: f. Fax number: E e. E-mailaddress: Additional representation is described in Attachment 8. g. Partyrepresented: 9. E Preference 10. Alternative This case'is entitled to preference (specify code section): dispute resolution (ADR) a. ADR information package. Please note th'at 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 (1) court and community programs For parties represented by counsel: Counsel in rule 3.221 to the client and reviewed in this case. ADR has options with the E has not client. provided the ADR information package identified (2) For seIf-represented parties: Party E E has has not reviewed the ADR information package identified in rule 3.221. b. (1) E Referral to judicial arbitration or civil action mediation This matter (if available). sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action is mediationl under ode of Civil Procedure section 1 775.3 because the amount in controversy does not exceed the statutory imit. (2) E case to judicial Plaintiff elects to refer this Civil Procedure section 1141 .1 1. ‘ arbitration and agrees to limit recovery to the amount specified in Code of (3) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): civil action CM-110[Rev.July 1.2011] Page20f5 CASE MANAGEMENT STATEMENT x /'"~‘ i . . f . I kw \J/ CM-11o I , CASENUMBER PLAINTIFF/PETITIONER: Bin Bunnen and Kim Bunnen, etal. fl - 2018041 DEFENDANT/RESPONDENTZ GreatVaIIey Realtors, lnc., 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 lfthe party or parties completing this form in the case have agreed to this form are willing to participate in orhave already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy ofthe parties’ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation I DUDE Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled' (2) Settlement conference m DUDE Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) Neutral evaluation E DUDE Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding arbitration judicial E DUDE Judicial arbitration Agreed to complete scheduled for (date): judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private arbitration E DUDE Private arbitration scheduled for (date): Agreed to complete private arbitration _ by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (speciM: E DUDE ADR Agreed session scheduled to complete ADR for- (date): session by (date): ADR completed on (date): 0M-11o [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT k/ CM;1_111 CASE NUMBER: PLAINTIFF/PETITlONER: Bunnell and Kim Bunnell, et — Bill al. 2018041 DEFENDANT/RESPONDENT; Great Valley Realtors, |nc., et al 11. Insurance a. E Insurance carrier, E if E any, for party filing this statement (name): b. c D Reservation ofrights: Coverage issues will Yes No significantly affect resolution of this case (explain): 12. Jurisdiction E Indicate Bankruptcy E any matters that may affect the court's jurisdiction or processing of this Other (specify): case and describe the status. Status: a_ E 13. Related cases, consolidation, (1) Name and coordination There are companion, underlying, or related cases. of case: ‘ (2) Name of court: (3) Case number: (4) Status: E E Additional cases are described Attachment 13a. E in b. Amotionto consolidate E coordinate will be filed by (name party): E 14. Bifurcation The party or parties intend to file a motion for action (specify an order bifurcating, severing, or coordinating the moving party, type of motion, and reasons): following issues or causes of 15. Other motions E The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. a. b. E Discovery The The party or parties following discovery have completed will all discovery. be completgd by the date specified (describe all anticipated discovery): Pm Descrigtion Date Duncan Lyons d/b/a Amerispec Inspection Written Discovery June, 2017 Duncan Lyons d/b/a Amerispec Inspection‘ Depositions October, 2017 Duncan Lyons d/b/a Amerispec Inspection Expert Depositions Per Trial Date c, E3 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 // r\ ' u ‘ n I X \VVJ, . // . CM-110 CASE NUMBER PLAINTIFF/PETITIONER: Bill Bunnell and Kim Bunnell, et al. 201 8041 DEFENDANT/RESPONDENT; Greatvvalley Realtors, |nC., et al 17. a. E Economic This litigation is a limited civil of Civil Procedure sections 90—98 case (i.e., the amount demanded apply to this case. is $25,000 or less) and the economic litigation procedures in Code b E Thls discovery Is will civil case and a motion to withdraw the case from the economic litigation procedures or for additional a limited be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial will should not apply to this case): 18. E Other issues The party or parties request that the>following additional matters be considered or determined at the case management conference (specify): ‘ 19. a. E Meet and confer The party of Court or parties (if have met and conferred with not, explain). all parties on all subjects required by rule 3. 724 of the California Rules No. Calls to plaintiff have not been returned. < b. After meeting and conferring as required .by rule 3.724 of the California Rules of Court, the parties agree on the followmg (specify): x 20. Total number of pages attached (if any): 0 a lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolutlon 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: November 1 6, 2016 Hooshie Broomand l. (TYPE OR PRINT NAME) / (SIGNWK E OF PARTY OR ATTORNEY) (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached. CM—1 10 Page 5 of 5 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT [/i’K Bunnell v Great Vallev Rggltors. Inc" et al. Stanislaus County Superior Court Case No. 2018041 PROOF OF SERVICE I ar\n a citizen of the United States and employed in Sacramento County, California; I am over the age of eighteen years and not a party to the within action; my business address is 2360 East Bidwell Street, Suite 100, Folsom, CA 95630 On this date, I served the following: DEFENDANT DUNCAN LYONS AMERISPEC INSPECTION SERVICES CASE dba MANAGEMENT STATEMENT on the interested parties in said action, V US MAIL: By placing a true copy thereof enclosed in a sealed en_velope, withlpostage thereon fully prepaid, in the United States Mail at Folsom, California, addressed as set forth belgw. FACSIMILE TRANSMITTAL: I faxed the documents to the persons at the fax numbers listed in the attabhed Service List. No error was reported by the fax machine that I used. PERSONAL SERVICE: By delivering by hand and leaving a true copy with the person(s) and/or secretary at the address(es) listed below. OTHER SERVICE: Iéaused such envelope(s) to be delivered to the address(es) listed below by: [ ] Express Mail; [ ] Federal Express; [ ] United Parcel Sefvice; or [] Certified, Return Receipt Requested; [] LexisNexis; [] Electronically Mailed Mina L. Ramirez, Esq. Kevin M. Massoni, Esq. LAW OFFICE OF MINA L. RAMIREZ 1165 Scenic Drive, Suite C-l Modesto, CA 95350 I declare under penalty of perjury under the laws ‘of the State of California that the foregoing is true and correct. Executed on November 21, 2016, at Folsom, California. ‘ Christlna Nelson E V