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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
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Li;
pLAINTIFF/pETITIONER: Bin Bunnen and Kim Bunnell, et aI. AVA'EABLED'LN ESUFE Shim
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DEFENDANT/RESPONDENT: GreatVaIIey Realtors, lnc., et al
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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
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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
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CM-11o
I
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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
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// . 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