Preview
CM-110
A I'TORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number; and address): FOR COURT USE ONLY
Joseph A. West, Esq. CSB# 218847 _ _ .
The Law Office of Joseph West SUPEMI Court of California
EUmr—m
575 E. Locust Ave., Suite 120 Cflurfly OI BuI'Ifl
Fresno, CA 93720
FAX NO 310-478-5010
5/14/2021
TELEPHONE No.
310-478-0890 (Optional)
EMAIL ADDRESS josephwest@westlawfirmofcaIifornia.com
(OFlIIOIIal)
ATTORNEY FOR (Name)BLAKE JOHNSTON, CHERYL JOHNSTON D
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
STREET ADDRESS:1775 Concord Avenue
‘Demnr
EIIEWICEH'I" FILE
MAILING ADDRESS
Chico 95928
CITY AND ZIP CODE:
BRANCH NAME-
PLAINTIFF/PETITIONER: BLAKE JOHNSTON; CHERYL JOHNSTON
DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS
CASE MANAGEMENT STATEMENT CASE NUMBER
LIMITED CASE 2°CV02356
(Check one): [3:] UNLIMITED CASE I I
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: JUNE 02, 2021 Time: 10:30 Dept: Div.: Room:
Address of court (if different from the address above):
x I
Notice of Intent to Appear by Telephone, by (name): JOSEPH A. WEST ESQ.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. I
x I
This statement is submitted by party (name): BLAKE JOHNSTON; CHERYL JOHNSTON
b. [::| This statement is submitted jointly by parties(names):
2. Complaint and cross-complaint (tobe answered by and cross—complainants only)
plaintiffs
a. The complaint was filed on (date):DECEMBER 02, 2020
b. [:3 The cross-complaint, if any. was filed on
(date):
3. Service (to be answered by plaintiffs and cross—complainants only)
a. [:I All parties named in the complaint and cross—complaint have been served, have appeared, or have been dismissed.
b. [:I The following parties named inthe complaint or cross-complaint
(1) [2:] have not been served (specify names and explain why not):
SERVED BY US MAIL per FOREMOST INSURANCE request due to COVID
(2) [:I have been served but have not appeared and have not been dismissed (specify names):
(3) {:3 have had a default entered against them (specify names):
c. I: 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 [Z] complaint
BREACH
E]OF
cross-complaint
COVENANT
(Describe.
OF GOOD
including causes
FAITH AND FAIR
of action):
DEALING
(1)BREACH OF CONTRACT. (2) IMPLIED
Page1of 5
Cal. Rules of Court,
Form Adopted for Mandatory Use
Judrcial Council of California
CAS E MANAG E MENT STATEMENT rules 3720—3730
CM~110 (Rev July 1. 2011] www.courts cagov
CM-110
PLAiNTlFF/PETlTlONER: BLAKE JOHNSTON; CHERYL JOHNSTON CASE NUMBER:
DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 200V02356
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 futurelost earnings.Ifequitable is
relief sought, describe the nature Of the relief.)
Defendant first party Property insurance company pursuant to insurance contract provided coverage for wildfire damage to
and their claims woefully underpaid in bad
plaintiff‘s property. Upon making a claim plaintiffs were wrongfully denied coverages
exceed
faith. Plaintiff‘s damages $100,000.00.
[:1 (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. The party or parties request1
x i
a jury trial ]
a nonjury trial.(If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. [:3 The trial has been set for(date):
b. [‘35:]NO trialdate 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):
0. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
07/26/21 Trial;12/2/21 11/14/22, 07/05/22 Trial
Trial; 01/03/22 Trial; 03/21/22,
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [2] days (specify number): 5
b. [:3 hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trialDC] by the attorney or party listed in the caption[:l by the following:
a. Attorney:
b. Firm:
0. Address:
d. Telephone number: f. Fax number:
e. E-maii address: 9. Party represented:
[:1 Additional representation is described in Attachment 8.
9. Preference
:1 This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Piease 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) For parties represented by counsel: Counsel C} has [X] has not provided the ADR information package identified
in rule 3.221to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party {:3 has [:3 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1)[:3 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11
or to Civil action
1775.3 because the amount in controversy does not exceed the
mediation under Code of Civil Procedure section
statutory limit.
(2)[:1 Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) [:1 of the California Rules of Court or from Civil action
This case is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
WWW ”9”“
CASE MANAGEMENT STATEMENT
CM-110
PLAlNTlFF/PETITIONER: BLAKE JOHNSTON; CHERYL JOHNSTON CASE NUMBER:
DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 20CV02366
10. c. Indicate the ADR process or processes that the party or parties are wiliing 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):
[E Mediation session not yet scheduled
[::} Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
[::l Mediation completed on (date):
[3:] Settlement conference not yet scheduled
(2) Settlement E] {::i Settlement conference scheduled for (date):
conference [:3 Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
[:j Neutral evaluation not yet scheduled
[:1 Neutral evaluation scheduled for (date):
.
(3) Neutral evaluation [:l [:3 Agreed tocomplete neutralevaluation by (date):
C] Neutral evaluation completed on (date):
[:3 Judicial arbitration not yet scheduled
(4) Nonbinding judicial [:3 C] Judicial arbitration scheduled for
(date):
arbitration [::l Agreed to complete judicial arbitration by(date):
[:3 Judicial arbitration completed on (date):
[:1 Private arbitration not yet scheduled
(5) Binding private [:3 [:3 Private arbitration scheduled for(date):
arbitration [:3 Agreed to complete private arbitration by (date):
C] Private arbitration
completed on (date):
[:3 ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify): l:l l
[j Agreed to complete ADR session by (date):
[:] ADR completed on (date):
CM~110 [Rev July 1. 2011} 0'5
Pal99 3
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: BLAKE JOHNSTON; CHERYL JOHNSTON CASE NUMBER:
DEFENDANT/RESPONDENT: FOREMOST lNSURANCE COMPANY GRAND RAPIDS 200V02366
11. insurance
a. [::] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights:| [Yes [:3 No
c. [:3 Coverage issues will significantly affect resolution 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.
{:1 Bankruptcy [:3 Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [:3 There are companion. underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
:3 Additional cases are described in Attachment 13a.
b. C] A motion to [:3 consolidate I ]
coordinate will be filed by (name party):
14. Bifurcation
{:3 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
l: The party or parties expect to file the following motions before trial
(specify moving party,type of motion,and issues):
16. Discovery
a. [:j The party or parties have completed all discovery.
b. [:l The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description, Date
I
c. [:1 The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
cm 10 (Rev. July 1, 201 t] ”994°”
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: BLAKE JOHNSTON; CHERYL JOHNSTON CASE NUMBER:
DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 20CV02366
17.Economic litigation
a [:3 (ie, the amount demanded is $25,000 or less) and the economic litigation procedures
This Is a limited civil case InCode
of Civil Procedure sections 90—98 will apply to this case,
b [:3 This is a limited civil case
be filed
and a motion to withdraw the case from the economic litigation procedures or for additional
discovery WIII checked,
(if explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18 Other issues
I
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify).
19. Meet and confer
a [:3 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 [:i 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
Iam completely familiar with this caseand 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, including the written authority of the party where reqUIred
Date: MAY 14, 2021
Joseph West, Esq.,
(TYPE OR PRINT NAME)
DAM/- (SIGNATURE OF PARTY BR’ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
I I
Additional signatures are attached.
CM-liO (Rev. July
1.2011]
CASE MANAGEMENT STATEMENT Page 5 of 5
Preview
CM-110 A I'TORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number; and address): FOR COURT USE ONLY Joseph A. West, Esq. CSB# 218847 _ _ . The Law Office of Joseph West SUPEMI Court of California EUmr—m 575 E. Locust Ave., Suite 120 Cflurfly OI BuI'Ifl Fresno, CA 93720 FAX NO 310-478-5010 5/14/2021 TELEPHONE No. 310-478-0890 (Optional) EMAIL ADDRESS josephwest@westlawfirmofcaIifornia.com (OFlIIOIIal) ATTORNEY FOR (Name)BLAKE JOHNSTON, CHERYL JOHNSTON D SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE STREET ADDRESS:1775 Concord Avenue ‘Demnr EIIEWICEH'I" FILE MAILING ADDRESS Chico 95928 CITY AND ZIP CODE: BRANCH NAME- PLAINTIFF/PETITIONER: BLAKE JOHNSTON; CHERYL JOHNSTON DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS CASE MANAGEMENT STATEMENT CASE NUMBER LIMITED CASE 2°CV02356 (Check one): [3:] UNLIMITED CASE I I (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: JUNE 02, 2021 Time: 10:30 Dept: Div.: Room: Address of court (if different from the address above): x I Notice of Intent to Appear by Telephone, by (name): JOSEPH A. WEST ESQ. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. I x I This statement is submitted by party (name): BLAKE JOHNSTON; CHERYL JOHNSTON b. [::| This statement is submitted jointly by parties(names): 2. Complaint and cross-complaint (tobe answered by and cross—complainants only) plaintiffs a. The complaint was filed on (date):DECEMBER 02, 2020 b. [:3 The cross-complaint, if any. was filed on (date): 3. Service (to be answered by plaintiffs and cross—complainants only) a. [:I All parties named in the complaint and cross—complaint have been served, have appeared, or have been dismissed. b. [:I The following parties named inthe complaint or cross-complaint (1) [2:] have not been served (specify names and explain why not): SERVED BY US MAIL per FOREMOST INSURANCE request due to COVID (2) [:I have been served but have not appeared and have not been dismissed (specify names): (3) {:3 have had a default entered against them (specify names): c. I: 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 [Z] complaint BREACH E]OF cross-complaint COVENANT (Describe. OF GOOD including causes FAITH AND FAIR of action): DEALING (1)BREACH OF CONTRACT. (2) IMPLIED Page1of 5 Cal. Rules of Court, Form Adopted for Mandatory Use Judrcial Council of California CAS E MANAG E MENT STATEMENT rules 3720—3730 CM~110 (Rev July 1. 2011] www.courts cagov CM-110 PLAiNTlFF/PETlTlONER: BLAKE JOHNSTON; CHERYL JOHNSTON CASE NUMBER: DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 200V02356 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 futurelost earnings.Ifequitable is relief sought, describe the nature Of the relief.) Defendant first party Property insurance company pursuant to insurance contract provided coverage for wildfire damage to and their claims woefully underpaid in bad plaintiff‘s property. Upon making a claim plaintiffs were wrongfully denied coverages exceed faith. Plaintiff‘s damages $100,000.00. [:1 (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request1 x i a jury trial ] a nonjury trial.(If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [:3 The trial has been set for(date): b. [‘35:]NO trialdate 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): 0. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 07/26/21 Trial;12/2/21 11/14/22, 07/05/22 Trial Trial; 01/03/22 Trial; 03/21/22, 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [2] days (specify number): 5 b. [:3 hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trialDC] by the attorney or party listed in the caption[:l by the following: a. Attorney: b. Firm: 0. Address: d. Telephone number: f. Fax number: e. E-maii address: 9. Party represented: [:1 Additional representation is described in Attachment 8. 9. Preference :1 This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Piease 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) For parties represented by counsel: Counsel C} has [X] has not provided the ADR information package identified in rule 3.221to the client and reviewed ADR options with the client. (2) For self-represented parties: Party {:3 has [:3 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1)[:3 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to Civil action 1775.3 because the amount in controversy does not exceed the mediation under Code of Civil Procedure section statutory limit. (2)[:1 Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) [:1 of the California Rules of Court or from Civil action This case is exempt from judicial arbitration under rule 3.811 mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): WWW ”9”“ CASE MANAGEMENT STATEMENT CM-110 PLAlNTlFF/PETITIONER: BLAKE JOHNSTON; CHERYL JOHNSTON CASE NUMBER: DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 20CV02366 10. c. Indicate the ADR process or processes that the party or parties are wiliing 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): [E Mediation session not yet scheduled [::} Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): [::l Mediation completed on (date): [3:] Settlement conference not yet scheduled (2) Settlement E] {::i Settlement conference scheduled for (date): conference [:3 Agreed to complete settlement conference by (date): Settlement conference completed on (date): [:j Neutral evaluation not yet scheduled [:1 Neutral evaluation scheduled for (date): . (3) Neutral evaluation [:l [:3 Agreed tocomplete neutralevaluation by (date): C] Neutral evaluation completed on (date): [:3 Judicial arbitration not yet scheduled (4) Nonbinding judicial [:3 C] Judicial arbitration scheduled for (date): arbitration [::l Agreed to complete judicial arbitration by(date): [:3 Judicial arbitration completed on (date): [:1 Private arbitration not yet scheduled (5) Binding private [:3 [:3 Private arbitration scheduled for(date): arbitration [:3 Agreed to complete private arbitration by (date): C] Private arbitration completed on (date): [:3 ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): l:l l [j Agreed to complete ADR session by (date): [:] ADR completed on (date): CM~110 [Rev July 1. 2011} 0'5 Pal99 3 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: BLAKE JOHNSTON; CHERYL JOHNSTON CASE NUMBER: DEFENDANT/RESPONDENT: FOREMOST lNSURANCE COMPANY GRAND RAPIDS 200V02366 11. insurance a. [::] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights:| [Yes [:3 No c. [:3 Coverage issues will significantly affect resolution 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. {:1 Bankruptcy [:3 Other (specify): Status: 13. Related cases, consolidation, and coordination a. [:3 There are companion. underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: :3 Additional cases are described in Attachment 13a. b. C] A motion to [:3 consolidate I ] coordinate will be filed by (name party): 14. Bifurcation {:3 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 l: The party or parties expect to file the following motions before trial (specify moving party,type of motion,and issues): 16. Discovery a. [:j The party or parties have completed all discovery. b. [:l The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description, Date I c. [:1 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): cm 10 (Rev. July 1, 201 t] ”994°” CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: BLAKE JOHNSTON; CHERYL JOHNSTON CASE NUMBER: DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 20CV02366 17.Economic litigation a [:3 (ie, the amount demanded is $25,000 or less) and the economic litigation procedures This Is a limited civil case InCode of Civil Procedure sections 90—98 will apply to this case, b [:3 This is a limited civil case be filed and a motion to withdraw the case from the economic litigation procedures or for additional discovery WIII checked, (if explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18 Other issues I The party or parties request that the following additional matters be considered or determined at the case management conference (specify). 19. Meet and confer a [:3 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 [:i 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 Iam completely familiar with this caseand 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, including the written authority of the party where reqUIred Date: MAY 14, 2021 Joseph West, Esq., (TYPE OR PRINT NAME) DAM/- (SIGNATURE OF PARTY BR’ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) I I Additional signatures are attached. CM-liO (Rev. July 1.2011] CASE MANAGEMENT STATEMENT Page 5 of 5