Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Luis Esparza SBN 229054
Esparza Law Group, PC ELECTRONICALLY FILED
PO Box 343
Superior Court of California
Santa Barbara CA 93102
County of Santa Barbara
TELEPHONE NO.:805 564-1018 FAX NO. (Optional): Darrel E. Parker, Executive Officer
info@esparzalaw.com
E-MAIL ADDRESS:
12/15/2021 5:03 PM
Andres P Mendez, Plaintiff
ATTORNEY FOR (Name):
By: Narzralli Baksh, Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS:1100 Anacapa St
MAILING ADDRESS:
Santa Barbara 93101
CITY AND ZIP CODE:
BRANCH NAME:Anacapa
PLAINTIFF/PETITIONER: ANDRES P MENDEZ
DEFENDANT/RESPONDENT: MARIA M CATALAN, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): ê UNLIMITED CASE LIMITED CASE 21CV03401
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 1/3/2022 Time: 8:30 AM Dept.: SB5 Div.: Room:
Address of court (if different from the address above):
ê Notice of Intent to Appear by Telephone, by (name): Luis Esparza, Attorney for Plaintiff
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. ê This statement is submitted by party (name): Plaintiff
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): 8/24/21
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. ê 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 ê complaint cross-complaint (Describe, including causes of action):
Breach of Contract; Unjust Enrichment
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: ANDRES P MENDEZ CASE NUMBER:
DEFENDANT/RESPONDENT: MARIA M CATALAN, et al. 21CV03401
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 alleges breach of contract concerning repayment of $80,000.00 loan that was used as purchase money for defendant's
residence. Defendant's made a $10,000.00 payment last year and then failed to make additional payments as agreed.
(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 ê 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. ê (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. ê days (specify number): 3 -5
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial ê 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 of the California Rules of Court for information about the
processes available through the court and community programs in this case.
(1)For parties represented by counsel: Counsel ê 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. September 1, 2021] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: ANDRES P MENDEZ CASE NUMBER:
DEFENDANT/RESPONDENT: MARIA M CATALAN, et al. 21CV03401
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):
ê Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation ê
Agreed to complete mediation by (date):
Mediation completed on (date):
ê Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
ê
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. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: ANDRES P MENDEZ CASE NUMBER:
DEFENDANT/RESPONDENT: MARIA M CATALAN, et al. 21CV03401
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:
(2) Name of court:
(3) Case number:
(4) Status:
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. ê The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Initial written discovery pending
Deposition of Defendants Spring 2022
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: ANDRES P MENDEZ CASE NUMBER:
DEFENDANT/RESPONDENT: MARIA M CATALAN, et al. 21CV03401
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. ê 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. ê After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
plaintiff amenable to court-ordered ADR
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: 12/ 15 /21
Luis Esparza, Attorney for Plaintiff
(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. September 1, 2021] Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2
California Code of Civil Procedure 1011-1013a
3 I am employed in the County of Santa Barbara, State of California. I am over the age of
eighteen years and not a party to the within action; my business address is Post Office Box 343,
4 Santa Barbara, CA 93102.
5
On 12/15, 2021, at Santa Barbara, CA, I served the foregoing documents described as:
6
Case Management Statement
7
8 on the interested parties in this action by sending via electronic mail a true/original copy thereof
to Defendants’ attorney of record:
9
Jan Eric Kaestner ;
10
11 X (BY E-MAIL OR ELECTRONIC TRANSMISSION): I caused a copy of the
document(s) to be sent from e-mail address info@esparzalaw.com to the persons at the e-mail
12 addresses listed in the Service List. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was unsuccessful.
13
14 __ (BY PERSONAL DELIVERY) I caused such envelope to be delivered by hand to a
representative of the addressee.
15
__ (BY FACSIMILE) I served the foregoing document described above on all interested parties
16
in this action by sending the document via facsimile pursuant to rule 2005. The parties’ fax
17 number that I used is listed above.
18 __ (BY OVERNIGHT SERVICE) I caused an envelope to be hand delivered to a representative
of Overnight Service at Santa Barbara, California; whereupon said envelope is to be delivered by
19
hand to a representative of the addressee on the next business day.
20
Executed on 12/15, 2021, at Santa Barbara, California.
21
22
I declare under penalty of perjury, under the laws of the State of California that the foregoing is
true and correct.
23
24
__________________
25 Ethan Arnold
26
27
28
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Luis Esparza SBN 229054 Esparza Law Group, PC ELECTRONICALLY FILED PO Box 343 Superior Court of California Santa Barbara CA 93102 County of Santa Barbara TELEPHONE NO.:805 564-1018 FAX NO. (Optional): Darrel E. Parker, Executive Officer info@esparzalaw.com E-MAIL ADDRESS: 12/15/2021 5:03 PM Andres P Mendez, Plaintiff ATTORNEY FOR (Name): By: Narzralli Baksh, Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS:1100 Anacapa St MAILING ADDRESS: Santa Barbara 93101 CITY AND ZIP CODE: BRANCH NAME:Anacapa PLAINTIFF/PETITIONER: ANDRES P MENDEZ DEFENDANT/RESPONDENT: MARIA M CATALAN, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ê UNLIMITED CASE LIMITED CASE 21CV03401 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 1/3/2022 Time: 8:30 AM Dept.: SB5 Div.: Room: Address of court (if different from the address above): ê Notice of Intent to Appear by Telephone, by (name): Luis Esparza, Attorney for Plaintiff INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ê This statement is submitted by party (name): Plaintiff 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): 8/24/21 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. ê 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 ê complaint cross-complaint (Describe, including causes of action): Breach of Contract; Unjust Enrichment Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: ANDRES P MENDEZ CASE NUMBER: DEFENDANT/RESPONDENT: MARIA M CATALAN, et al. 21CV03401 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 alleges breach of contract concerning repayment of $80,000.00 loan that was used as purchase money for defendant's residence. Defendant's made a $10,000.00 payment last year and then failed to make additional payments as agreed. (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 ê 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. ê (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. ê days (specify number): 3 -5 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ê 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1)For parties represented by counsel: Counsel ê 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. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ANDRES P MENDEZ CASE NUMBER: DEFENDANT/RESPONDENT: MARIA M CATALAN, et al. 21CV03401 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): ê Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation ê Agreed to complete mediation by (date): Mediation completed on (date): ê Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): ê 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. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ANDRES P MENDEZ CASE NUMBER: DEFENDANT/RESPONDENT: MARIA M CATALAN, et al. 21CV03401 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: (2) Name of court: (3) Case number: (4) Status: 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. ê The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Initial written discovery pending Deposition of Defendants Spring 2022 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ANDRES P MENDEZ CASE NUMBER: DEFENDANT/RESPONDENT: MARIA M CATALAN, et al. 21CV03401 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. ê 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. ê After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): plaintiff amenable to court-ordered ADR 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: 12/ 15 /21 Luis Esparza, Attorney for Plaintiff (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. September 1, 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 California Code of Civil Procedure 1011-1013a 3 I am employed in the County of Santa Barbara, State of California. I am over the age of eighteen years and not a party to the within action; my business address is Post Office Box 343, 4 Santa Barbara, CA 93102. 5 On 12/15, 2021, at Santa Barbara, CA, I served the foregoing documents described as: 6 Case Management Statement 7 8 on the interested parties in this action by sending via electronic mail a true/original copy thereof to Defendants’ attorney of record: 9 Jan Eric Kaestner ; 10 11 X (BY E-MAIL OR ELECTRONIC TRANSMISSION): I caused a copy of the document(s) to be sent from e-mail address info@esparzalaw.com to the persons at the e-mail 12 addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 13 14 __ (BY PERSONAL DELIVERY) I caused such envelope to be delivered by hand to a representative of the addressee. 15 __ (BY FACSIMILE) I served the foregoing document described above on all interested parties 16 in this action by sending the document via facsimile pursuant to rule 2005. The parties’ fax 17 number that I used is listed above. 18 __ (BY OVERNIGHT SERVICE) I caused an envelope to be hand delivered to a representative of Overnight Service at Santa Barbara, California; whereupon said envelope is to be delivered by 19 hand to a representative of the addressee on the next business day. 20 Executed on 12/15, 2021, at Santa Barbara, California. 21 22 I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. 23 24 __________________ 25 Ethan Arnold 26 27 28 PROOF OF SERVICE