Motion for Case Management in David G Bertrand et al vs Jessica Berry| Trellis.Law

On May 07, 2019 a Party Statement was filed involving a dispute between Bertrand, David G, Churchill-Johnson, Dorothy, and Berry, Jessica, for Unlimited Defamation (13) in the District Court of Santa Barbara County.

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IBM-11D
ATTORNEY \‘nITﬂDUTA'I'I'DRNEY {Nu-rm. Hm'eﬁmr nwnbw. mn'ada'mss;
CIR WNW“!I FOP COURTUSE ONLY

Mark T. Cofﬁn {SEN 1635?”
MARK T. COFFIN. RC.
21 E. Carrillo St. Suite 240. Sanka Barbara. CA 9310?
ELECTRONICALLY FILED
Superior Court of California
TELEPHONE NCL 305-2485” 13 FAX NC 805-567—4028
[Donn-ml}
County of Santa Barbara
I:rMILAnnHEss mun-mu.mtc@mamcofﬁnlaw_mm . .

nrroanwnmmxPlaintirrs,
Darrel E. Parker, Executive
Executlve Officer
Ofﬁce
DAVID G. BERTRAND' at a"
SUPERIOR COURT OF CALIFORNIA. COUNTY OF SANTA BARBARA
12/10/2019 4:09 4-09 PM
RTREETﬁDDRESS 1100 Anacapa Street By:
By- Elizabeth
Ellzabeth Spann,
Span”, Deputy
mums AUDI-1:55.1100 Anacapa Street
UW‘WU ll“ CUBE Santa Barbara, 93101
ERAHC-I MuME
ANACAPA
PLAINTIFFEPETITIONER: DAVID G. BERTRAND, et al.
DEFENDANTI'RESPONDENT: JESSICA BERRY
CASE MANAGEMENT STATEMENT mg NUMBER-
(Check one): El UNLIMITED CASE
{Amouni demanded
|:| LIMITED CASE
(Amuunt demanded is $25.00!)
1QCVDE429

exceeds $25,000] or less)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:

Date: December 16, 2019 Time: 3:30 am. Dept: 5 Dim: Room:
Address nf cuurt (if different fmm the address aha veJ:

I:F Notice of Intent to Appear by Te[9ph0ﬂ6. by (ﬂame):

INSTRUCTIONS: All applicable boxes must be checked, and the speciﬁed information must be provided.
1. Party or name; {answer one):
a. This statement is submiﬂed by party (name): Plaintiffs,DAVID G. BERTRAND. et at.
In. El This statement is submitted jointly by parties (names):

2. Complaint and cross-complaint (to be game-neat by plainriﬁs and cross-campfar'nanrs 01'1n
a. The complaint was ﬁled on (dated; May 0?, 2019
In. CI The doss—compiaint. if any. was filed on (data):

3. Service (to be anSwena-d by piainlfﬂ's and cmss—compiar‘nanrs only)
a. All parties named in the complaint and cross-complaint have been served. have appeared. or have been dismissed.
b. CI The followingparties named inthe complaint or cross-oomplainl
{1) [:1 have not been served {wedﬂmames and explain why not}:

[2) El have been served but have not appeared and have not been dismissed (speciﬁmamss);

(3) [:1 have had a default entered against them {specify names).-

a. E The following additional
they may be served}:
parties may he added (specify names; nature on‘nvoruemenf in case. and date by which

4. Description of cage
3. Type ofcase II'1 complaint I:| Cross-complaint {De-scabs, r'nduding causes of acﬂon}:

The issues in the case involve Defendant BERRY and her liber.defamation per 59, intrusion. intentional
inﬂiction of emolionai distress, unfair business practices. and elder abuse towards Plaintiffs.
Page1 gr 5

F‘ﬁﬁﬂfﬁiﬂ'ﬁfﬁ‘iﬁﬁﬁ” CASE MANAGEMENT STATEMENT Gigiéfaﬁf‘é‘u
‘20“”
ISM-PC I'Heb' Jul;
. unwmuds tr:
gnu-
CM-‘1 10
CMSE NUMBER
PLAINTIFFEPEI'ITIONER.‘ DAVID G. BERTRAND, et al.
'_ 19CV02429
DEFENDANTJ'RESF'ONDENT: JESSECA BERRY

4. b. Provide a brief statement of the case. including any damages. (pemona! fm'ury damages are sought, specify the injury and
damage-5 claimed. {minding medical expenses to date {Indicate source and amount}. estimated 111't medical amen-ES, 103!
reaming: to date]and esﬁmaé‘ed injure I05! earnings. If equitable mile! is gougm,
describe me nafune of the wife!)
Defendant made defamatory stalaments about both Plaintiffs.has accused Plaintiff of being a "pimp". a
“criminal", and "rapist"among other things with the intent to harass and defame BERTRAND. Defendant was
unjustly enriched by unreimbursed payments and loans made by Plaintiﬂ BERTRAND.

L_—_I (Kmart: space is needed, check this box and attach a page designated as Attachment 41:. J

5. Jury or nonjur'yl trial
The party or parties requeat a jury trialCI 5 nunjury trial. rh’mom than one pany. provide the name of each party
requesting a jury trial}:

6. Trial date
a. CI The trial has been set for (date):
b. [I] 12 months ofthe date of the ﬁling ofthe complaint (if
No lrial date has been set. This case will be ready fortrial within
nor.expiar'nJ:

C. Date: an which parties nr attorneys will not be available [or [ﬂat {special dates and explain reasons for unavaJ'FabI'Jr'm:
Decamber1§,2019. December 23. 2019, January 13. 2020. January 30-31. 2020

1". Estimated length of trlal
The parly or parties estimate that the trial
wi|1take {chock one):
a. El days {specify number}: 4
b. El hours {short causes) (speciﬁc):

8. Trial representation {to be answered for each party)

an. Attorney:
III
The party or parties will be represented at trial by the attorney or party listed in the captionI:I by the fo1|owing;

b Firm:
6 Acfdress:
d. Telephone number: 1'. Fax number:
3 E-mail address: g. Party represented:
I:I Addilional representation is described in Attachment B.

9. Preference
El This case is entitled to preference (specify code sscﬁon):CCP section 36(a} -Plaintiff BERTRAND is 90 years old.
10. Alternative dispute resolution [ADRj
a. ADR Information package. Please note that different ADP. pruoesses are available in different cam-ts and communities: read
the ADE infurmation package prmrided by the court under rule 3.221 for inlormation about the promsses available thrEIUQh the
court and community programs in this case.
(1] For parties represented by munsel:
in rule 3.221
Counsel has :I has not
to the client and reviewed ADR u-ptiuns with the client.
provided the ADR information package identiﬁed

(2] For self-represented parties:PartyE has El has not reviewed the ADR information padcaga identiﬁed in rule 3.221.
b. Referral to judicial arbitration or civil action mediation [if available).
(1] |:| mediation under ads of CivilProcedure section
under Code of Civil Procpedure section 1 141.1 1 orto civil adion
This matter is sub'ect In mandatnry judicial amilration
1??5.3 because the amount 1n comrcwersy does not exceed the
statutory limit.

{2) [:| Plaintiff elects to refer this case tujudicial arbitration and agrees to limil recovery to the amount speciﬁed in Code of
Civil Procedure section 1141.11.

(3) |:| of the California Rules of Courtor from civil action
This case is exempt from judicial arbitratiun under rule 3.311
mediation under Code of Civil Procedure section 1??5 at seq. (specify exemption):

WWW“ Mr" 20“] CASE MANAGEMENT STATEMENT W“
CM~11D
can: NUMBE Fl
PLAINTIFFIPETITIONER: DAVID G. BERTRAND, Bi Ell.
1BCVO 2429
DEFENDANTJRESPONDENT: JESSICA BERRY

10. 1:.Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in. or
have alrea d1; participated in (check 5H that 313p and provide the speciﬁed mmrmanionJ:

The party or parties completing If the party or parties mmpleﬁng this form in the case have agreed to
this form are willing to participate in or have alreadyr oumpleted an ADR process or processes.
participate in the following ADR indicate the status of the pracesses {afresh
a copy of the pam'e-s'ADR
processes (check a” that apply): simuian'on):

Mediatinn session not yet scheduled

(1} Mediation III DDDI
Mediation session scheduled for (date):

Agreed to complete mediation by (date):

Mediation completed on (date);

Settlement conference not yet scheduled

Settlement conference scheduled far (dare).-
(2) Settlement
conference DUDE
Agreed to complete settlement conference by {data}:

Settlement conference completed on (dare):

Neutral evatuation not yet scheduled

Neutral evaluation scheduled far (dare):
HEIDI]
{3} Neutral eval uatiu |'|
Agreed to complete neutral evaluation by {date}:

Neutral evaluation completed an (dare):

Judicial arbitralion not yet scheduled

Nonbinding judicial Judicial arbitration scheduled for (date):
[4)
DUDE
arbitration
Agreed to complete judicial arbitration by {daft-)3

Judicial arbitration completed on (date):

Private arbitratinn not yet schectuled

Private arbitration scheduled for were]:
[5] Binding private [IDEIEI
arbitration
Agfeed to complete private arbitration by {dam}:

Privata arbitratinn completed on {date}:

ADR session nut yet scheduled

ADR session scheduled for (date);
(6} Other {spew'ﬁv}: IIIIIIIJIII
Agreed to complete ADR session by (date):

ADR compieled on (dam):

m1;
CM-11UIHBV.J..I5-'1. Pageants
CASE MANAGEM ENT STATE ME NT
cMﬂjﬂ
“55 “UMBER
PLAINTIFFEPETITIDNER: DAVID G. BERTRAND. et al.
1BCVUE429
DEFENDANTJRESPONDENT: JESSICA BERRY

11.insurance
El Insurance carn'er. if any. for party ﬁling this statement [name-J:
a.
b. Reservation of rights; |:| Yes D NI:
a. CI Coverage issues will signiﬁcantly affect resolulion Elf this case
(EXPI’BJ‘HJT

12.Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and dascribe the status.
1:] Bankmptc‘y I:| Other (specify):
Status.

13. Related cases. consolidation. and coordination
a. [I] There are oumpaniun, undeﬂying, or related cases.
[1) Name ofcasve: DAVID G. BERTHAND v. JESSICA BERRY
[2] Name ofoourt: Santa Barbara Superior Court - Anacapa Division
[3) Case number: 1BCV0235?
[4) Status:Discovery in progress; CIVIC set for 131632019
|:| Additional cases are described in Attachment 13.3.
b. :IArnqtianto El consolidate E coordinate willbeﬁied byfna-meparfyjj

14. Bifurcation
The party or parties intend to ﬁle a motion for an nrder bifurcating, seven'ng: or coordinating 1115 following issues or causes of
action fspechji moving pany, type of motion, and reasons);
This party believes that both cases should he tried either: 1.) concurrently, or 2.) successively.

15. Other motions
III {Specify moving 13.9!n
The party 0r parties exped to ﬁle the following motions before trial type ofmoﬂon. and issues}:
Plaintiff presently has a hearing for a Motion to Deem Mattem Admitted schedu[5d for January DB, 2020.

15. Discover;
a. CI The party or parties have completed all discovery.
b. The foIIOwing discmrery will be completed by the date speciﬁed {descﬁbe an anticipated discovew}:
ma W5 Late
Plaintiff Percipient Discovery Per Code
Plaintiff Deposiuans Per Code
Plaintiff Record Subpoena to 3rd Paﬁies Per Code

c. The following discovery issues. including issues regarding the discovery of electronically
shared iniormatinn. are
anticipated rspecr'ﬁaJ:
Piaintiff anticipatesﬁling a Motion to Compel furlher discovery responses against Defendant.

zm‘l
‘-
BM11C[Re¢ Jury CASE MANAGEHENT STATEMENT
P'g'“”
(EM-110
”‘55 "UMBER-
PLAINTIFFFPETITIONER: DAVID G. BERTRAND. et al.
1QCVUZ429
DEFENDANTJRESPONDENT: JESS|CA BERRY

17. Economic litigation
3.El This civil case
is a 1imitad
of Civil Procedure
{1.3, the amount demanded is $25.1JDU or less.) and Ihe economic litigation procedures in Code
sec‘tions 90—33 will apply to this case.
b.I:I Th is is a limited civil case and a matinn to withdraw the case from the economic litigation procedures or for additional
discurvery wiﬂ be ﬁled(if checked.explain spocﬁcaﬂy why economic fiﬁgaﬁ'on procedures relating to discovery or Mai
shows! no? appfy to this case):

18. other issues
|:| The party or parties request that the following additiunal matters he considered or determined at the case management
conference {specify}:

19. Meat and confer
a.CI althe California Rules
The party or parties have met and conferred with all parties on ail subjects required by rule 3.724
of Cnurt (fin-:3;
explain}:

h. Aﬁer meeting and conferring as required by ru!e 3.?24 oflhe California Rules of Court the parties agree on the following
(Specify):

20. Total number of page: attached ﬁreﬂy):
am completely
I familiar with this case and wiil 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 lime of
the case management conference. including the writ-ten authority at the party where required.

Dacember10.2019

/
Date:

Mark T. Bafﬁn. Attorney for Plaintiffs
[T'r'PE UH PRINI NAME]
’ L 0R h‘l'l'ClRNEYJ
H'SfaNATUFIF. 0F F'JiRTY

HYPE: CIR PRINT NAMFJ [SIGNATURE PARTY DRATI'DRNEY:
L'JF

1:] Additional signatures are attached.

|l
(SM-‘- 10 1.201”
July
CASE MANAGEMENT STATEMENT P-arhﬁ
PROOF OF SERVICE

STATE OF CALIFORNIA. COUNTY OF SANTA BARBARA

I am employed in the County of Santa Barbara, Stale ul‘Califnmia. I am over the age of 18
years and not a party to this action. My business address is 21 E. Carrillo Skeet? Suite 240, Sam
Barbara, California 9310].. On December 10: 20 | 9,I scrvcd The foregoing documents; described as
PLAINTIFFS‘ CASE MANAGEMENT STATEMENT, on the interested parties in this action:

SEE ATTACHED SERVICE LIST

BY U. S. MAIL: I'his document was sen cd by United States mail through the US Postal
Scr'. ICE. enclosed the document m a ﬁealed envclnpc or package addressed to the pursnn(5)
m 1

for collection and mailing, fullnwing our
at the address(e5] above and placed the cnvclopds)
ordinary buSiness practices. I am rcad1l1sf familiar with this ﬁrm 3 practice of collecting and
proce$sing correspondence for maii'mg. On the same day that correspondence is piaced for
collection and mailing, it is deposiled in the ordinmy course of business with the United
[U States Postal Service at Santa Barbara, California? in a Sﬁalﬁd envelope with postag-s: fully
paid.
11

E] BY FACSIMILE: The documentﬁs] were served by facsimﬂe. The facsimile transmission
was without error and completed prior to 5:00 pm. A copy nfthc transmission report is
available upon request.
13

III BY OVERNIGHT DELIVERY: The document{s) were served by overnight delivery via
14 OnTrac. Ienclosed the document in a sealed envelope or packagc addressed to the person(s)
and the addressﬁes) about and p1awd the emelopc(s) for pick- up by OuTrac I am readily
famlliar with the firm_'$ practice of collection and processing correspondence on the same day
with [his courier service for overnight deliv en.
16
El VIA EMAIL: I served the ducumcnts above on all parties via electronic mail, to the
17"
addresses as listed on thc attached service list, following my employer’s business practice for
cdleclinn and processing of correspondence, Such electronic transmission was napurled as
18 enmplctc and without error on this dale.
19 El (State) I declare under penalty of perjury under the laws :11‘1he State of California that [he
Ehregm'ng is mm and correct.
20

"
Executed on December 10, 2019, at Santa Barbara

Scott A. Garcia
I

PLAIN'I'Ill-‘S‘CASE MANﬁGEMENT S'I'A'I'LMENT
SERVICE LIST

ink-5N
Acidress Pa rtv
Jessica Barry
JESSICA BERRY, in pro per.
.RU. Box 54]
'
Santa Ynez, CA 93460

\Dmﬂmm

1-5

PLAINTIFFS’ CREE MANAGEMENT S'l'ATEMENT

Case Info

Judge

Sterne, Colleen K Track Judge’s New Case

Case No.

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Document Filed Date

December 10, 2019

Case Filing Date

May 07, 2019

County

Parties

Berry, Jessica Defendant
Bertrand, David G Plaintiff
Churchill-Johnson, Dorothy Plaintiff
Coffin, Mark T Attorney for the Plaintiff
Pro Se Attorney for the Defendant
Colleen Sterne Attorney
David Allard Attorney
Colleen Keeley Attorney
Jan Kaestner Attorneys for Defendants
Robert Hutchins Attorney
Michael Holtzman Attorney
Scott Jaske Attorneys for Plaintiffs
Mark Thompson Attorneys for Plaintiffs
Ashley Reese Attorney
Jay Valentine Attorney
Brian Hoffman Attorney
Wabel Moussly Attorney

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Party Statement: David G Bertrand et al vs Jessica Berry

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