Motion for Case Management in Salvador Espindola vs. James Brooks| Trellis.Law

On November 14, 2019 a Party Statement was filed involving a dispute between Espindola, Rosa, Espindola, Salvador, and Adams, Cliffton, Jr, Adams, Fred, Brooks, James D, Deshay, Marquis, Hernandez, Soledad, Miller, Nina Deshay, Norcal Gold, Inc., for 06 Unlimited - Breach of Contract/Warranty in the District Court of Fresno County.

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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

David J. Weiland #160447
E-FILED
COLEMAN & HOROWITT, LLP
499 W. Shaw Ave., Ste. 116 5/24/2021 2:29 PM
Fresno, CA 93704 Superior Court of California
TELEPHONE.NO.:5 5 9 - 2 4 8 - 4 82 0 FAX NO.(Optional): 5 5 9 - 2 4 8 - 4 8 3 0
County of Fresno
dweiland@ch-law.com
E-MAILADDRESS(Optionat): By: L. Whipple, Deputy
p 1 a inti ff S
ATTORNEY FOR (Name):

SUPERIOR COURT OF .CALIFORNIA, COUNTY OF FRESNO
srnEET ADDREss: 113 O O 11
11
Street
MAILING ADDRESS:

.c1TYANDz1PcoDE: Fresno, CA 93721
BRANCH NAME:

PLAINTIFF/PETITIONER: SALVADOR ESPINDOLA, et al.

DEFENDANT/RESPONDENT: JAMES D. BROOKS I et al .

CASE MANAGEMENT STATEMENT CASE NUMBER:

(Check one): IX) UNLIMITED CASE 0 LIMITED CASE 19CECG0413 8
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 6/7 /21 Time: 1: 30 pm Dept.: 402 Div.: Room:
Address of court (if different from the address above):

IX) Notice of Intent to Appear by Telephone, by(name): David J. Weiland
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

1. Party or parties (answer one):
a. D This statement is submitted by party (name):
b. IX) This statement is submitted jointly by parties (names):
Plaintiffs SALVADOR ESPINDOLA and ROSA ESPINDOLA

2. Complaint and cross-complaint (to be answered byplaintiffs and cross-complainants only)
a. The complaint was filed on (date): 11/14/19
b. D The cross-complaint, if any, was filed on (date):

3. Service (to be answered by plaintiffs and cross-complainants only)
a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b.' IX) The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):

(2) IX) have been served but have not appeared and have not been dismissed (specify names):
JAMES D. BROOKS
(3) D have had a default entered against them (specify names):

c. D The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):

4. Description of case
a. Type of case in IX) complaint D cross-complaint (Describe, including causes of action):
BREACH OF CONTRACT, BREACH OF GOOD FAITH AND FAIR DEALING,
REFORMATION, SPECIFIC PERFORMANCE, NEGLIGENCE, FRAUD, PROFESSIONAL
NEGLIGENCE and DECLARATORY RELIEF
Page 1of5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
CEB~ I !:ss_._.lentia!
Judicial Council of California rules 3.720-3.730
ceb.com
CM-110 [Rev. July 1, 2011] ;i::'.JForms www.courts.ca. gov
CM-110
PLAINTIFF/PETITIONER:SALVADOR ESPINDOLA, et al. CASE NUMBER:

19CECG04138
DEFENDANT/RESPONDENT: JAMES D. BROOKS I et al .

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 future lost earnings. If equitable relief is sought, describe the nature of the relief)
Plaintiffs and defendants entered into a residential purchase agreement and
joint escrow instructions which effectively sold the property to
plaintiffs. Neither James Brooks or Fred Adams were identified as signing
the purchase agreement in a representative capacity.
D (If more space is needed, check this box and attach a page designated as Attachment 4b.)

5. Jury or nonjury trial
The party or parties request D a jury trial !XI a nonjury trial. (If more tha·n one party, provide the name of each party
requesting a jury trial):

6. Trial date
a. D The trial has been set for (date):
b. !XI No trial date 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):

c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Trials:9/13/21-9/24/21; 10/18/21-10/29/21; 2/28/22-3/11/22;
5/31/22-6/10/22

7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. !XI days (specify number): 5- 7 days
b. D hours (short causes) (specify):

8. Trial representation (to be answered for each party)
The party or parties will be represented at trial !XI by the attorney or party listed in the caption D by the following:·
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described in Attachment 8.

9. Preference
D This case is entitled to preforence (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 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 !XI has D has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client. ·
(2) For self-represented parties: Party D has D has not reviewed the ADR information package identified in rule 3.221.

b. Referral to judicial arbitration or civil action mediation (if available).
(1) D ·This matter is subject to mandatory judicial arbitration ..under Code of Civil Procedure section 1141.11
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 case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11 .
(3) D This case is exempt from judicial arbitration under rule 3.811
of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):

CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5

CEff [~ssential
ceb.com,,....J__
~·forms~
CM-110
PLAINTIFF/PETITIONER:SALVADOR ESPINDOLA, et al. CASE NUMBER:

19CECG04138
DEFENDANT/RESPONDENT: JAMES D. BROOKS I 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 pa.rty 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):

W Mediation session not yet scheduled

D Mediation session scheduled for (date):
( 1) Mediation w
D Agreed to complete mediation by (date):

D Mediation completed on (date):

W Settlement conference not yet scheduled

(2) Settlement D Settlement conference scheduled for (date):
conference w
D Agreed to complete settlement conference by (date):

D Settlement conference completed on (date):

W Neutral evaluation not yet scheduled

D Neutral evaluation scheduled for (date):
(3) Neutral evaluation w
D Agreed to complete neutral evaluation by (date):

D Neutral evaluation completed on (date):

D Judicial arbitration not yet scheduled

(4) Nonbinding judicial D D Judicial arbitration scheduled for (date):
arbitration
D Agreed to complete judicial arbitration by (date):

D Judicial arbitration completed on (date):

D Private arbitration not yet scheduled

(5) Binding private D D Private arbitration scheduled for (date):
arbitration
D Agreed to complete private arbitration by (date):

D Private arbitration completed on (date):

D ADR session not yet scheduled

(6) Other (specify): D D ADR session scheduled for (date):

D Agreed to complete ADR session by (date):

D ADR completed on (date):

CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page.3 of 5

CEB~ I ~ssentia~
ceb.com~Forms
CM-110
PLAINTIFF/PETITIONER: SALVADOR ESPINDOLA, et al. CASE NUMBER:
19CECG04138
DEFENDANT/RESPONDENT:' JAMES D. BROOKS I et al.

11. Insurance
a. D Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: D Yes D No
c. D 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.
D Bankruptcy D Other (specify):
Status:

13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
( 1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate will be filed by (name party):

14. Bifurcation
D 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
D The party or parties expect to file the following motions before trial (specify moving parly, type of motion, and issues):

-16. Discovery
a. D The party or parties have completed all discovery.
b. W The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Written Discovery Per Code
Plaintiffs Depositions Per Code
Plaintiffs Expert Witness Discovery Per Code

c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):

CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5

CEB$ I ;:::;J
ceb.com
~-~sential
r~·Forms
__
CM-110
PLAINTIFF/PETITIONER: SALVADOR ESPINDOLA, et al. CASE NUMBER:

19CECG04138
DEFENDANT/RESPONDENT: JAMES D. BROOKS, et al.

17. Economic litigation .
a. D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. D 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 not apply to this case):

18. Other issues
W The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Plaintiff intends to file an amended complaint. A
stipulation for amending has been sent to all counsel
of record.

19. Meet and confer
a. D 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. 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):
I am completely familiar with this case and 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 24, 2021.

DAVID LT WEIT.AND
(TYPE OR PRINT NAME)

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)

D Additional signatures are attached.

CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5

CEB~ I ~s.$entia!
ceb.com~Forms
1 PROOF OF SERVICE

2 STATE OF CALIFORNIA )
) SS
3 COUNTY OF FRESNO )
4 I am a citizen of the United States and a resident of the County aforesaid; I am over the age
of eighteen (18) years and not a party to the within-entitled action. My business address is 499
5 West Shaw, Suite 116, Fresno, California 93704. On May 24, 2021, I served the within
document( s):
6
CASE MANAGEMENT STATEMENT
7
D BY EMAIL: By transmitting via electronic transmission the document(s) listed above to
8 the email address(es) set forth below on this date.

9 D BY FAX: By transmitting via facsimile transmission the document(s) listed above to the
fax number(s) set forth below on this date before 5:00 p.m.
10
D BY HAND: By personally delivering the document(s) listed above to the person(s) at the
11 address( es) set forth below.

12 ~ BY MAIL: By placing the document(s) listed above in a sealed envelope with postage
thereon fully prepaid, in the United States mail at Fresno, California, addressed as set forth
13 below.

14 D BY OVERNIGHT COURIER: By causing the document(s) listed above to be picked up
by an overnight courier service company for delivery to the address( es) listed below on the
15 next business day.

16 SEE ATTACHED PROOF OF SERVICE LIST

17 I am readily familiar with the firm's practices of collection and processing of
correspondence for mailing. Under that practice, itwould be deposited with the United States
18 Postal Service on that same day with postage thereon fully prepaid in the ordinary course of
business. I am aware that on motion of the party served, service is presumed invalid if postal
19 cancellation date or postage meter date is more than one day after date of deposit for mailing in
affidavit.
20
~ (State) I declare under penalty of perjury under the laws of the State of
21 California that the foregoing is true and correct.

22 D (Federal) I declare that I am employed in the office of a member of the bar of
this court at whose direction the service was made.
23
Executed on May 24, 2021, at Fresno, California.
24

28
1 PROOF OF SERVICE LIST

2 Natalie P. Vance Randolf Krbechek
Lindsey N. Casillas Law Offices of Randolf Krbechek
3 Jessica R. Spinola 9477 N. Fort Washington Rd., Ste. 104
Klinedinst PC Fresno, CA 93 730
4 801 K. St., Ste. 2100 Ph: 559-434-4500
Sacramento, CA 95814 Fax: 559-434-4554
5 Ph: 916-444-7573 Email: randy@rk-legal.com
Fax: Attorneys for Defendants
6 Email: j spinola@klinedinstlaw.com FRED ADAMS, CLIFFTON ADAMS, JR.,
Attorneys for Defendants and NINA DESHAY MILLER
7 NORCAL GOLD, INC. and SOLEDAD
HERNANDEZ
8
Paul C. Franco
9 Attorney at Law
7475 N. Ingram Ave., Ste. 106
10 Fresno, CA 93711
Ph: 559-389-5853
11 Fax: 559-256-0187
Email: pfranco@pcflegal.com
12 Attorneys for Defendant MARQUIS
DESHAY
13

Case Info

Judge

McGuire, Rosemary Track Judge’s New Case

Case No.

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Document Filed Date

May 24, 2021

Case Filing Date

November 14, 2019

County

Parties

Adams, Cliffton, JR Defendant
Adams, Cliffton, JR Defendant
Adams, Fred Defendant
Adams, Fred Defendant
Brooks, James D Defendant
Brooks, James D Defendant
Brooks, James D Defendant In 1st Cross Complaint
Deshay, Marquis Defendant
Deshay, Marquis Defendant
Espindola, Rosa Plaintiff
Espindola, Rosa Plaintiff
Espindola, Salvador Plaintiff
Espindola, Salvador Plaintiff
Franco, Paul C. Attorney for the Defendant
Hernandez, Soledad Defendant
Hernandez, Soledad Defendant
Hernandez, Soledad Plaintiff In 1st Cross Complaint
Miller, Nina Deshay Defendant
Miller, Nina Deshay Defendant
Norcal Gold, Inc. Defendant
Norcal Gold, Inc Plaintiff In 1st Cross Complaint
Norcal Gold, Inc. Defendant
White, Keith M. Attorney for the Plaintiff
David Weiland Attorney
Lindsey Casillas Attorneys for Defendants
Jessica Spinola Attorneys for Defendants
Randolf Krbechek
Steven Clark Attorney
Natalie Vance Attorneys for Defendants
Kyle Roberson Attorney
Leanna Vault Attorneys for Defendants

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Party Statement: Salvador Espindola vs. James Brooks

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