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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. BI! number, Ind Mess): USE ONLY
F! [fifiuRT
Law Office of Alicia L. Hinton. SBN 292849 ,
_
1616w. Shaw Ave. Suite B7 m7 NOV l5 AH 9: ll.
Fresno, CA 93711
TELEPHONE No; (559) 691-6900 FAX N0. (0mm):
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EMAIL ADDRESSW ‘
ATTORNEY FonlmmeJ:Plaintiff. Francisco Meda , _.
t _
«Jim?!
SUPERIOR COURT or CALIFORNIA. COUNTY 0F STANISLAUS
smeat Amaess: 801 10th Street, 4th Floor
MAIuNGAONESS:
CITYANDZIPCODE Modesto, CA 95354
BRANCH NAME: Civil Division
PLAINTIFFIPETITIONER: Francisco Meda
DEFENDANTIRESPONDENT: Zyad Ali Maadarani. dba MACE MOTORS, etal
CASE MANAGEMENT STATEMENT CASE "UMBER
(Check one).- UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is $25,000
2022500
exceeds 525.000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 4, 2017 Tume: 3:00 p. . Dept; 21 Div.: Room:
Address of court (if diflarent from the addmss above):
Notice of Intent to Appear by Telephone, by (name): Aiicia L. Hinton, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the speclfled Informatlon must be provided.
1. Party or parties (answer one):
Meda
a.
b. E This statement
This statement
is
is
submitted by party (name):
submitted jointly by parties (names):
Francisco
2. Com plain! and cross-compiaint (to be answered by plaintiffs and cross-complainants only)
a.
b. EThe complaint was
The
filed
cross—oomplaint,
on (date):
if any,
November 4, 2016
was filed on (dale):
3. Service (to be answered by plaintiffs and cross-complainants only)
named the complaint and cross-complaint have been served. have appeared. or have been dismissed.
a.
b. D E All parties
The
(1)
in
following parties named in the complaint or cross-complaint
have not been served (specify names and explain why not):
E (2) have been served but have not appeared and have not been dismissed (specify names):
E (3) 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 ofinvolvemeni in case, and date by which
4. Description of ca_se
a- Type 0f case In complaint a cross-complaint (Describe. including causes of action):
Fraud and Deceit. negligence, Violation of Consumers Legal Remedies Act. Violation of the Automobile Sales
Finance Act, Violation of the Unfair Competition Law, Claim on Statutory Bond.
Pun 1 o: 5
Fomgmmgggfgvflm CASE MANAGEMENT STATEMENT 0:;ng
www.wanscagov
CM-1 1o (Rev. Jay 1. 201 1|
JI
CM-110
Meda CASENWBER:
PLAINTIFFIPETITIONER: Francisco
2°225°°
DEFENDAm/Responomn Zyad An Maadarani, dba MACE MOTORS. etal
4. b. Provide a brief statement of the case. including any damages. (lfpersona! injury damages are sought. specify the injury and
damages claimed. including medical expenses to dale (indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of rho relief.)
purchased vehicle from defendant that has been in a serious prior accident with substantial mechanical
Plaintiff
problems and frame damage. _Vehicle was sold fraudulently and is unsafe to drive.
E (If more space is needed, check (his box and attach a page designated as Attachmen! 4b.)
5. Jury or nonjury
The
trial
party or parties requesl
requesting a jury trial):
a jury trial E a nonjury trial. (l! more than one parry, provide the name of each party
6. Trial
a.
b.
D
m
date
The trial has been set
No trial date has been
for (date):
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. Estlmated length of trial
The party or parties estimate that the trial will take (check one):
days (specify number): 3 1° 5 days
a.
b. E hours (short causes) (Specify):
8. Trial representation (to
The
a.
party or parties will
Attorney:
be answered
be represented
for
al
each party)
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-mail address:
Additional representation is described in Attachment 8.
g. Party represented:
9.
E
Preference
10. Alternative
This case is entitled to
dispute resolution (ADR)
preference (specify code section):
a. ADR Information package. Please note that different ADR processes are available in different counts 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
(1) For parties represented by counsel: Counsel
in rule 3.221 to the client and reviewed
in this
m E
case.
has
ADR options with the client.
has not provided the ADR information package identified
(2) For self—represented parties: Party D D has has not reviewed the ADR information package identified in rule 3.221.
b.
(1) E
Referral to ludlcial arbitration or civil action mediatlon (if available).
This matter is sub'ect to mandatory judicial arbitration under Code of Civil Progedure section 1141.11 or to civil action
mediation under ode of Civil Procedure section 1775.3 because the amount In controvetsy does not exceed the
statutory limit.
(2) E Plaintiff elects to refer this
Civil
case to
Procedure section 1141.11.
judicial arbitration and agrees lo limit recovery to the amount specified in Code of
(3) D This case is exem tfrom judicial
mediafion under‘ ode of Civil Procedure section 1775
arbitration under rule 3.811 of the Qalifomia Rules of
et seq. (spacvfy exemption):
Connor from civii action
OWIR-v-M m"! CASE MANAGEMENT STATEMENT "rm
4|
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Francisco Meda
2022500
DEFENDANT/RESPONDENT: Zyad Ali Maadarani. dba MACE MOTORS, etal
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed lo panicipate in. or
have already participated in (check all that apply and provide the specified information):
The party or parties completing Ifthe party or parties completing this form in the case have agreed to
this form are wilIlng to participate in orhave already comp1eted an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of (he parties‘ ADR
processes (check all (hat apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (dare):
(1) Mediation DUDE
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement Settlement conference scheduled for (date):
(2)
conference DUDE
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation DUDE
Agreed to compiete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Nonbinding judicial
Judicial arbitration scheduled for (date):
(4)
arbitration
DUDE
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
DUDE
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (dale):
ADR session no! yet scheduled
ADR session scheduled for (date):
(6) Other (specify): DUDE
Agreed to compiete ADR session by (date):
ADR completed on (date):
cwnomav. Jory 1. 2011: Page 1 o! 6
CASE MANAGEMENT STATEMENT
CM-1 1 D
“SE ”WEE":
PLAINTIFFIPETITIONER: Francisco Meda
. 2022500
DEFENDANT/RESPONDENT: Zyad Ali Maadaram. dba MACE MOTORS, etal
11‘
a. D
Insurance
Insurance carrier.
m
if
E
any, for party filing this statement (name):
No
bA
c. DReservation of rights:
Coverage issues will
Yes
significantly affect resolution of this case (explain):
12‘ Jurisdiction
D
Indicate
Status:
any matters
Bankruptcy D
that may affect the court‘s jurisdiction or processing of this
Other (specify):
case and describe the status.
13‘
a, D
Related cases, consolidation, and coordinatlon
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number.
(4) Status:
b.
m
E
Additional cases are described in Attachment 13a.
Amotionto E consolidate D coordinate win be filed by(namepany);
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
Other motions
15.
E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16.
a‘ a
Dlscovery
The
The
party or parties have completed all discovery.
be completed by the date specified (describe
b.
Pam
following discovery will
Descrigtion
all anticipated discovery):
%
Plaintiff Funher Written Discovery Per Code
Plaintiff \Mtness Depositioins Per Code
PIaintiff Expert Document Inspection Per Code
c. The following discovery issues, inciuding issues regarding the discovery of electronicalIy stored information. are
anticipated (specify):
Availability of original documents for expert inspection.
CM-“WM WWI CASE MANAGEMENT STATEMENT "WW
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Francisco Meda
~— 2022500
DEFENDANT/RESPONDENT; zyad Ali M-aadarani, dba MACE MOTORS, etal
17.
a, E
Economlc litigation
This is civil case (i.e., the amount demanded is $25,000 or less) and the economic
a limited
Procedure sections 90—98 will apply to this case.
litigation procedures in Code
bi E of Civil
This is a limited 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 litigation procedures relating to discovery or trial
should nor apply ro (his case):
18.
m
Other issues
The party or parties request tha‘ the following additional matters be considered or determined at the case management
conference (specify):
counsel was erroneously sanctioned $150 for failure to file CMC statement prior to 9/5/17 CMC
Plaintiffs
Hean'ng (see attached). However, Plaintiff did file a CMC statement on 2/17/17 prior lo CMC hearing on 3/6/17
(see attached) which was then continued to 9/5/17A Plaintiffs counsel requests waiver of $1 50 sanmions.
19. Meet and confer
a. 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 nor, 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. Tota! number of pages attached (if any):
Iam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution.
as weli 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 8, 2017
Alicia Hinton, Esq.
(TYPE 0R PRINT NAME)
’ g
fl ézgéfl
(S!
g
NATURE OF PARTY OR ATTORNEY)
D
OR PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY)
(TYPE
E Additional signatures are attached.
CM-WRW-W-ml CASE MANAGEMENT STATEMENT "9m”
PROOF 0F SERVICE
STATE OF CALIFORNIA )
) ss
COUNTY OF FRESNO )
1 am a citizen of the United Slates and a resident of the County aforesaid; am over the age I
of eighteen years and not a party to the within entitled action; my business address is 1616 W.
Shaw Ave. Suite B7, Fresno, CA 937] l. On November 8, 2017, I sewed the within CASE
MANAGEMENT STATEMENT on the interested party(ies) in said action, addressed as
follows:
Jakrun S. Sodhi, Esq.
I301 K. Street, Suite F
Modesto, CA 95354
10
11
12 Ix (by REGULAR MAIL) by placing a true copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid, in the United States Post Office mail box at Fresno, CA,
13
addressed as shown above.
14
(by FEDERAL EXPRESS NEXT DAY
AIR) by placing a true copy thereof enclosed in
15 a sealed envelope, prepaid, deposited with the FEDERAL EXPRESS carrier/box at
Fresno, Califomia addressed as shown above.
16
17 (by FACSIMILE) by placing a true copy thereof into a facsimile machine addressed to
the person at the facsimile number shown above.
18
19 (by ELECTRONIC MAIL) The documents were transmitted via email to each of the
parties at the email address(s) listed above and the transmission(s) reported complete and
20 without error.
21
I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct. Executed on November 8, 20] 7, at Fresno, California.
23
24
AMELIA PARSONS
25
26
2‘7
28
Invoice
Stanislaus County Supcrio: Cour!
Fiscal Services .
Date Invouce #
PO Box 732
Modesto. CA 95353 9/3Qm7 9079
Phone (209)530-3I 15 Fax (209)236-7793
Bill To
Law Ofi'lcc ofA.L. Hinton
20 l4 Tulnrc SLSuilc 408
Frcsno,CA 9372i
P.0. No. Terms Due Date Account #
Ncl 30 10/800”
1
Item Descfiption Amount
5 I 50 Sanctions Sanction 150.00
for failure lo file CMC statement and
Ordered: 9/5] 7 l
Case}! 2022500
Tillc: Mcda,F v MaadamnlJE
PAYMENT DUE WITHIN 30 DAYS.
Balance Due $150.00
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SUPERIOR comfi 0F CALIFORNIA, COUNTQ’OF STANISLAUS
315?,‘15/2017
Case Name: Date;
t k
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Case No.2 2027-500
..
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'
Case Management Conference Order
NEDA, FRANCISCO VS NMDARANI ,
13195.51) {~31
'
Appearances: .
A ‘H; g\'\j\(‘\— C L fiA, V101 V u \Cf‘gr-W; ‘;r\1\‘
.
MPaYl-JEW,
Assxgned to Judgc_ HJILLIAN A
,
Dept. ,for a1] purposes, including tria1.-.\._;
\.
SB
Next case management conference is 193- q~ ‘7“! >
at 9111M) a.m./ . .
‘
New case management statementsflfimst be timely filed D not required. By the next the following be completed: .
shall
File proof of service as to all parties: D have the appearance of or defaults entered D Counsel for PIIJDef.
all parties notify to
. panics of new court date. D
( ) Plan I ( ) Plan II ( ) Plan 111 ( ) Complex Case ( ) Past Plan
Settlement Conference is in Department # at a.m./p.m.
Trial is: in Dept. # at a.m./p.m. Jury / non Jury.
Iy requested by: .Time for trial:___Timc for in limjne motions:
0. 0f sides: _Peremptory challenges _
DCoun
‘
Case is referred t0 Mediation UJudicial Arbitration UOthcr .Mcdjation Stipulation
TAN-lOO) and fees arc due within 25 days of today. Discovery will / will not remain open. Discovery will bc completed pcr code
'
Conn advised case has settled. Matter set for Court’s Motion to Dismiss on at a.rnjp.m.,
in Dept. #
Case is calcndared for Default Hearing on at a.m./p.m. in Depanment #
Order [0 Show Cause is issued t0 to show cause 0n___at__._é.m./p.m
Department # ~
why the Court should not impose monetary sanctions against you for violating California Rulé of Court
110 by D failing to timely file proof bf service; D failing to timely enter default; D failing to timely obtain default judgment;
ld/Or -
,Sanctions:
lfailure Io
Pmshafl
file case management statement D -
pay $M'm sanctions forthwith to the Court for Dfailurc to appear
). Other Orders:
.. El Uninsured Moton‘s:_ D Bankmptcy Filed
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