Preview
CM-110
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Raoul J. LeClerc SBN: 39228
Attorney at Law a a m a
P.O. Drawer 111
CWI'I'II'UI'BIIIIH
Ol’OVille, CA 95965
TELEPHONE No.:(530) 533-5661 FAX No.(0ptianal): (530) 533-0865 6/15/2021
E—MAlL ADDREss (Optional):
rleclerC@leClerClaw0fflce.com
Cross—defendant Gene Culley
ATrORNEY FOR (Name).-
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
STREET ADDRESS: 1775 Concord Avenue
DEM!
MAILING ADDRESS: 1775 Concord Avenue
CITY AND ZIP CODE: Chico, CA 95928
BRANCH NAME: Civil Division
PLAINTIFF/PETITIONER: EDWARD F. NIDEROST, Cross-complainant,
vs
DEFENDANT/RESPONDENT: LAWRENCE PATTERSON / GENE CULLEY,
Cross-defendants.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): E UNLIMITED CASE D LIMITED CASE 2 O CVO0905
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 30, 2021 Time: 10:30 a.m. Dept.: 1 Div.: Room:
Address of court (if different from the address above):
E Notice of Intent to Appear by Telephone, by (name): Raoul J. LeClerc
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. E This statement is submitted by party (name): Cross-defendant Gene Culley
b. D This statement is submitted jointly by parties (names):
2. Complaint and cross-complai (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): -
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 sewed, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross—complaint
(1) D have not been served (specify names and explain why not):
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) a 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 D complaint E cross—complaint (Describe, including causes of action):
ElderAbuse, Fraud, Involuntary Trust, Fiduciary Breach
Page1of 5
Form Adopted for Mandatory Use _
Essential CASE MANAGEMENT STATEMENT Cal. Rules of Court,
CEB'
Judicial Council of California rules 3720-3130
CM-11O [Rev July 1, 2011]
I m E Forms- Gene
www.courtscagov
Culley,
CM-110
PLAINTIFF/PETITIONER:EDWARD F. NIDEROST CASE NUMBER:
20C VO0905
DEFENDANT/RESPONDENT?LAWRENCEPATTERSONlGENE-GULLEYAP
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
describe the nature of the relief.)
eamings to date, and estimated future lost earnings. If equitable relief is sought,
Cross-complainant Niderost seeks to rescind purchase of real and personal property from Patterson and related
damages.
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 E a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial): Cross—defendant Patterson requests a jury trial
6. Trial date
a. D The trial has been set for (date):
b. 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): This cross—action was bifurcated.
c. Dates on which parties or attorneys will not be available for trial (speciij/ dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 5
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial E 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 describedIn Attachment 8.
9. Preference
D This case is entitled to preference (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 E 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 mandatoryjudicial 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 of the California Rules of Court or from civil action
is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-1101Rev Ju1y1 20111 CASE MANAGEMENT STATEMENT Pagezors
Culley, Gene
CM-110
PLAINTIFF/PETITIONER:EDWARD F. NIDEROST CASE NUMBER:
20 CV0 O 9 0 5
'DEFENDANT/RESPONDENTrLAWRENGE’PA'TT‘ERSON-/ GENE CULEEY¥~
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 have agreed to
lf the party or parties completing this form in the case
this form are willing to participatein orhave 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):
D Mediation session not yet scheduled
(1) Mediation E a Mediation session scheduled for (date):
D Agreed to complete mediation by (date):
D Mediation completed on (date):
D Settlement conference not yet scheduled
(2) Settlement
m D Settlement conference scheduled for(date):
conference
D Agreed to complete settlement conference by (date):
D Settlement conference completed on (date):
D Neutral evaluation not yet scheduled
(3) Neutral evaluation D D Neutral evaluation scheduled for (date):
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):
a 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 [Revv Jun/1. 20111 CASE MANAGEMENT STATEMENT Page 3 of5
' Essential
Sgt. Iarm Culley, Gene
CM-110
PLAINTIFF/PETITIONER: EDWARD F. NlDEROST cAse NUMBER:
20C V00905
-DEFENDANT/RESPONDENfziLAWRENGE-PA-‘FFERSONAI—GENE—GULLEY
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 affectresolution 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 party, type of motion, and issues):
16. Discovery
a. D The party or parties have completed all discovery.
b. m The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Cross-defendant Culley Written and Oral November 2021
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110iRev. July1. 2011i CASE MANAGEMENT STATEMENT Paae4of5
CEB' Essential
nebmm glflflé Culley, Gene
CM-110
PLAINTIFF/PETITIONER: EDWARD F.NIDEROST CASE NUMBER:
20C V00 9 05
DEFENDANT/RESPONDENT:iLAWRENCEVAPATATERSON—/—GENE‘GUI;I;EY
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 casefrom 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
E The party or parties request that the following additional matters be considered or determined at the casemanagement
conference (specify): This action is not ready for trial setting because not at issue and bifurcated first trial will not
be completed until the end of August 2021..
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): Not ready for such a conference
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): 0—
|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 pa where required.
Date: June l_ ,2021
Ram J
1| LeClerC }
(TYPE 0R PRINT NAME) (SIGNATURE OR ATTORNEY)
OfiRTY
(TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM—1101Rev. Juli/1.20111 CASE MANAGEMENT STATEMENT Page-Mfr»
CEB' ssential
oehcom £53m
Culley, Gene
PROOF OF SERVICE
I, Danielle LeCIerc Klein, declare as follows:
| am over 18 years of age and not a party to the within action. | am employed
at the Law Office of Raoul J. LeCIerc, P.O. Drawer 111, Oroville, California 95965. On
June 15, 2021, I caused to be served the within CASE MANAGEMENT STATEMENT on
the interested parties in said action, by placing a true copy thereof in sealed envelope(s)
addressed as follows:
Sara M. Knowles, Esq. Larry G. Lushanko
Law Law
'
Attorney at Attorney at
1660 Humboldt Road, Ste. 6 1241 E. Mission Road
Chico, CA 95928 Fallbrook, CA 92028
Raymond L. Sandelman
Attorney at Law
196 Cohasset Road, Ste. 225
Chico, CA 95926
The above-named document(s) were served in the manner indicated below:
[\/] BY MAIL: | caused true and correct copies of the above documents, by following ordinary
business practices, to be placed and sealed in envelope(s) addressed to the addressee(s),
at Law Office of Raoul J. LeCIerc, 2950 Feather River BIvd., Oroville, California 95965, for
collection and mailing with the United States Postal Service, and in ordinary course of
business, correspondence placed for collection on a particular day is deposited with the
United States Postal Service that same day.
BY PERSONAL SERVICE: | caused true and correct copies of the above documents to be
placed and sealed in envelope(s) addressed to the addressee(s) and l caused such
envelope(s) to be delivered by hand on the office(s) of the addressee(s).
BY FEDERAL EXPRESS: |caused true and correct copies of the above documents to be
placed and sealed in envelope(s) addressed to the addressee(s) and Icaused such
envelope(s) to be delivered to FEDERAL EXPRESS for overnight courier service to the
office(s) ofthe addressee(s).
BY FACSIMILE: I caused a copy(ies) of such document(s) to be transmitted via facsimile
machine. The fax number of the machine from which the document was transmitted was
(530) 533-0865. The fax number(s) to which the document(s) were transmitted are listed
above. The fax transmission was reported as complete and without error. | caused the
transmitting facsimile machine toprint a transmission record ofthe transmission, a copy of
which is attached to this declaration.
l declare under
penalty of perjury pursuant to the laws of the State of California that
the foregoing is true and correct, and that this declaration was executed on June 15, 2021.
-.
Danielle LeClerc Klein