Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
David A. Rivette, Esq. SBN 123621 ELECTRONICALLY FILED
Law Office of David A. Rivette
1070 Veronica Springs Road
Superior Court of California
Santa Barbara, CA 93105 County of Santa Barbara
Darrel E. Parker, Executive Officer
TELEPHONE NO.: (805) 637-4025 FAX NO. (Optional): 11/5/2021 12:16 PM
david@rivettelaw.com
E-MAIL ADDRESS (Optional): By: Narzralli Baksh, Deputy
ATTORNEY FOR (Name): Andrew Triant
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS: 1100 Anacapa Street
MAILING ADDRESS: 1100 Anacapa Street
CITY AND ZIP CODE: Santa Barbara 93101
BRANCH NAME: Anacapa
PLAINTIFF/PETITIONER: Mecono, Brian
DEFENDANT/RESPONDENT: Triant, Andrew
CASE MANAGEMENT STATEMENT CASE NUMBER:
21CV02850
(Check one): ✖ UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 22, 2021 Time: 8:30 a.m. Dept.: 5 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. ✖ This statement is submitted by party (name): Andrew Triant
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. ✖ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. 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 ✖ complaint cross-complaint (Describe, including causes of action):
Breach of contract, forcible detainer
Page 1 of 5
Cal. Rules of Court,
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Mecono, Brian CASE NUMBER:
DEFENDANT/RESPONDENT: Triant, Andrew 21CV02850
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.)
Plaintiff sold house to defendant, but plaintiff would not move after sale.
Defendant filed unlawful detainer against plaintiff.
Plaintiff left, now claiming a contract existed allowing him to stay.
(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 request a jury triaI ✖ a nonjury trial.(If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for(date):
b. ✖ (if
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
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify 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): Two
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial ✖ by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
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 has ✖ 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 has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) 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) 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] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Mecono, Brian CASE NUMBER:
DEFENDANT/RESPONDENT: Triant, Andrew 21CV02850
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 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):
✖ Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation ✖
Agreed to complete mediation by (date):
Mediation completed on (date):
✖ Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
✖
conference 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
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for
(date):
arbitration Agreed to complete judicial arbitration by(date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for(date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Mecono, Brian CASE NUMBER:
DEFENDANT/RESPONDENT: 21CV02850
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. 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.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. ✖ There are companion, underlying, or related cases.
(1) Name of case: Triant v Mecono
(2) Name of court: Santa Barbara Superior Court
(3) Case number: 21CV00784
(4) Status: Pending
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be filed by (name party):
14. Bifurcation
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
(specify moving party, type of motion, and issues):
The party or parties expect to file the following motions before trial
16. Discovery
a. The party or parties have completed all discovery.
b. ✖ The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written discovery Feb 15, 2022
Plaintiff Depositions Mar 15, 2022
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT: Triant, Andrew 21CV02850
17. Economic litigation
a. 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. 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
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. 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):
Discovery has just begun.
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: November 5, 2021
David A. Rivette
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA
• I am employed in the county of Santa Barbara, State of California.
• I am over the age of 18 and not a party to the within action.
• My business address is 1070 Veronica Springs Road, Santa Barbara, CA 93105
On November 5, 2021, I served the following document(s):
Case Management Conference Statement
on the interested parties in this action by
placing true copies thereof in sealed envelopes with postage thereon fully prepaid and
deposited such envelope in the U.S. mail at Santa Barbara, CA.
I am readily familiar with the firm’s practice of collection and processing correspondence for
mailing. Under that practice it would be deposited with the United States Postal Service on that same day
at Santa Barbara, California, in the ordinary course of business.
The envelope(s) was/were addressed as set forth in attached mailing list.
Pursuant to Rules of Court, Appendix 1, Emergency Rules Related to Coved-19, emailing to:
Martin P. Cohn at: marty@cohnrengo.com
I did not receive within a reasonable time after the transmission, any electronic message or other
indication that the transmission was unsuccessful.
I declare under penalty of perjury under laws of the State of California that the foregoing is true and
correct.
Executed on November 5, 2021, at Santa Barbara. California.
_________________________
David Rivette
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David A. Rivette, Esq. SBN 123621 ELECTRONICALLY FILED Law Office of David A. Rivette 1070 Veronica Springs Road Superior Court of California Santa Barbara, CA 93105 County of Santa Barbara Darrel E. Parker, Executive Officer TELEPHONE NO.: (805) 637-4025 FAX NO. (Optional): 11/5/2021 12:16 PM david@rivettelaw.com E-MAIL ADDRESS (Optional): By: Narzralli Baksh, Deputy ATTORNEY FOR (Name): Andrew Triant SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: 1100 Anacapa Street CITY AND ZIP CODE: Santa Barbara 93101 BRANCH NAME: Anacapa PLAINTIFF/PETITIONER: Mecono, Brian DEFENDANT/RESPONDENT: Triant, Andrew CASE MANAGEMENT STATEMENT CASE NUMBER: 21CV02850 (Check one): ✖ UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 22, 2021 Time: 8:30 a.m. Dept.: 5 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ✖ This statement is submitted by party (name): Andrew Triant b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. ✖ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. 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 ✖ complaint cross-complaint (Describe, including causes of action): Breach of contract, forcible detainer Page 1 of 5 Cal. Rules of Court, Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Mecono, Brian CASE NUMBER: DEFENDANT/RESPONDENT: Triant, Andrew 21CV02850 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.) Plaintiff sold house to defendant, but plaintiff would not move after sale. Defendant filed unlawful detainer against plaintiff. Plaintiff left, now claiming a contract existed allowing him to stay. (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 request a jury triaI ✖ a nonjury trial.(If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for(date): b. ✖ (if 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify 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): Two b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ✖ by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference 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 has ✖ 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 has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) 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) 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] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Mecono, Brian CASE NUMBER: DEFENDANT/RESPONDENT: Triant, Andrew 21CV02850 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 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): ✖ Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation ✖ Agreed to complete mediation by (date): Mediation completed on (date): ✖ Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): ✖ conference 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 Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by(date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for(date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Mecono, Brian CASE NUMBER: DEFENDANT/RESPONDENT: 21CV02850 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. 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. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. ✖ There are companion, underlying, or related cases. (1) Name of case: Triant v Mecono (2) Name of court: Santa Barbara Superior Court (3) Case number: 21CV00784 (4) Status: Pending Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation 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 (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial 16. Discovery a. The party or parties have completed all discovery. b. ✖ The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written discovery Feb 15, 2022 Plaintiff Depositions Mar 15, 2022 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: Triant, Andrew 21CV02850 17. Economic litigation a. 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. 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 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. 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): Discovery has just begun. 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: November 5, 2021 David A. Rivette (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA • I am employed in the county of Santa Barbara, State of California. • I am over the age of 18 and not a party to the within action. • My business address is 1070 Veronica Springs Road, Santa Barbara, CA 93105 On November 5, 2021, I served the following document(s): Case Management Conference Statement on the interested parties in this action by placing true copies thereof in sealed envelopes with postage thereon fully prepaid and deposited such envelope in the U.S. mail at Santa Barbara, CA. I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day at Santa Barbara, California, in the ordinary course of business. The envelope(s) was/were addressed as set forth in attached mailing list. Pursuant to Rules of Court, Appendix 1, Emergency Rules Related to Coved-19, emailing to: Martin P. Cohn at: marty@cohnrengo.com I did not receive within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under laws of the State of California that the foregoing is true and correct. Executed on November 5, 2021, at Santa Barbara. California. _________________________ David Rivette