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  • Tranquility Pistachio, LLC vs. Susan Kilsdonk06 Unlimited - Breach of Contract/Warranty document preview
  • Tranquility Pistachio, LLC vs. Susan Kilsdonk06 Unlimited - Breach of Contract/Warranty document preview
  • Tranquility Pistachio, LLC vs. Susan Kilsdonk06 Unlimited - Breach of Contract/Warranty document preview
  • Tranquility Pistachio, LLC vs. Susan Kilsdonk06 Unlimited - Breach of Contract/Warranty document preview
  • Tranquility Pistachio, LLC vs. Susan Kilsdonk06 Unlimited - Breach of Contract/Warranty document preview
  • Tranquility Pistachio, LLC vs. Susan Kilsdonk06 Unlimited - Breach of Contract/Warranty document preview
  • Tranquility Pistachio, LLC vs. Susan Kilsdonk06 Unlimited - Breach of Contract/Warranty document preview
  • Tranquility Pistachio, LLC vs. Susan Kilsdonk06 Unlimited - Breach of Contract/Warranty document preview
						
                                

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CM-1 1G A'ITORNEY OR PARTY WITHOUT ATTORNEY (Name, Barnumben and address): State Charles K. Manock, SBN 161633 ”RC O URT ”SEW” Manock Law 448 W. Shaw Avenue E-FILED Fresno, CA 93704 4/5/2021 8:00 AM Superior Court of California TELEPHONE N0; (559) 433-9000 FAX No. (559) 422-5163 (Optional): County of Fresno E-MAILADDRESS cmanock@manocklaw.com (Optional). AWORNEY FOR By: A. Rodriguez, Deputy (Name): Tranquility Pistachio Plaintiff, SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS:1130 O Street 1130 MAILING ADDRESS: O Street cm AND ZIP CODE:Fresno, 93721 BRANCH NAME:B.F. Sisk Courthouse PLAINTIFFIPETITIONER: LLC Tranquility Pistachio, DEFENDANT/RESPONDENT: Susan Susan Homor Living Kilsdonk, Trustee of the Trust, e1 al CASE MANAGEMENT STATEMENT CASE NUMBER 190ECG°2385 (Check one).- Efl UNLIMITED CASE [j] LIMITED CASE (Amount demanded (Amount demanded is$25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: April 20, 2021 Time: 3:30 p.m. Dept: 402 Div.: Room: Address of court different (if from the address above): E Notice of Intent to Appear by Telephone, INSTRUCTIONS: Al! applicabie by (name): Charles K. Manock boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. b‘ E E This statement This statement is issubmitted jointly by parties (names): LLC submitted by party (name): Tranquility Pistachio, 2. Complaint and cross-complaint (tobe answered by plaintiffs and cross-complainantsonly) a‘ The complaint was filedon (date):July 8,2019 3. b. E Service The (to cross-complaint, ifany,was filed on (date): be answered by plaintiffs and cross-complainam‘s only) a. x AH partiesnamed in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E3 The following pattiesnamed inthe complaint or cross-complaint (1) E have not been sewed (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) [j have had a defautt entered against them (specifi/ names): c. [j The may be added following additional parties (specifynames, nature of involvement in case, and date by which theymay be served): 4. Description of case a. Type of case in x complaint [:3 cross—complaint (Describe, including causes ofaction): Unlimited Civil [Amended] Comp|aint for:Declaratory Breach of contract; relief; Breach of covenant of good and fair dealing; Slander of title; Intentional interference with economic relations and interference with (i) business relationships and (ii) prospective economic advantage; Conspiracy to convert rea! property via fraud and deceit; Business slander; Conversion Page1 of 5 Fammmwmrmandamw Use CASE MANAGEMENT STATEMENT RU'eSO‘W- ca'» Judicial Council of California 3.7206730 ruies L‘M»110 [Rev July 1.2011] www.courtsrcagov CM-HG PLAINTIFF/PETITIONER: LLC Tranquility Pistachio, CASE NUMBER: DEFENDANT/RESPONDENT: Susan Susan Homor Kilsdonk, Trustee of the Living Trust, et al 19CECG02385 4. b. Provide a brief statement of the case, inchding any damages. (lfpersonal injury damages are sought, specify the {:7qu and damages ciaimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, fast earnings to date, and estimated future Iosz‘ earnings. If equitable relief is sought, describe the nature of the reiief.) Defendant continues to interfere with the possessive rights of the property owner, diminishing value and damaging title of the property and damage to and interfering with plaintiffs local community business interests with regards to the real property located at25999 W. Whitesbridge Road, Kerman, CA 93630. As a result of plaintiffs current health condition, the second amended complaint has not yet been filed. § 1 {If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury 5. a. The triai [:j party or parties request requesting a juryz‘riai‘): a jurytrial E a nonjury trial.(Ifmore {hen one party, providefhe name of each party 8. Trial date a. b. a E The No has been set triai for (date): date has been set This case wifl be ready for triai within 12 trial months of the date of the fiting of the compiaint (if not,explain): c‘ will not be available for trial (specify dates and explain reasons for unavailability): Dates on which parties or attorneys 6/4-15/2021 7/9—25/2021 (trial); (unavaiiable);11/12-23/2021 1/18—24/2022 (trial); 4/8—14/2022 (trial); 8/5/2022—9/2/2022 (trial); (trial) 7. Estimated iength of trial The party or parties estimate that the win take {check one): trial x days (specify number): 1-2 E a. b. hours (short causes) (specify): Trial representation {tobe answered each pan‘y) E for E 8. The party or parties willbe represented attrial by the attorney or party the caption listed in by the following: a. Attorney: b. Firm: c. Address: d. Teiephone number: f. Fax number: e. E-maiiaddress: g. Party represented: 9. E Additional representation Preference isdescribed inAttachment 8. [j This case is code entitled to preference (specifi/ section): 10. Attemative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are avaiiabie in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes availabie through the court and community programs case. in this (1) For parties represented by counsel: Counse! E has E 3.221 to the client and reviewed ADR options with the has not provided the ADR information package identified b‘ (2) in rule E For seIf—represented parties: Party has [j has not Referrai to judicial arbitration or civii action mediation (if ciient. reviewed the avaiiable}. ADR informationpackage identified in rule 3,221‘ (1)[:j This matteris Code of Civil Procedure section 1141 .11 subject to mandatory judicial arbitration under or to civil action mediation under Code ofCM? Procedure section 1775.3 because the amount in controversy does not exceed the (2) E statutory Civii limit. case to judicial Plaintiff elects to refer this Procedure section 1141 .1 1. arbitrationand agrees amount to limit recovery to the specified inCode of (3) E3 This case isexempt from under ruie 3.811 judicia! arbitration of the Caiifomia Rules of Court or from action civil mediation under Cede Procedure section 1775 et seq. of Civii (specify exemption): CMMO (Rev.July2011] 1, Page 2 °f 5 CASE MANAGEMENT STATEMENT CM~110 PLAINTIFF/PETITIONER: LLC Tranquility Pistachio, CASE NUMBER: .— .— DEr ENDANTIRESPONDENT. _ Susan . .. Susan Homor lemg Kllsdonk, Trustee of the Trust, et al 19CECGOZ385 10. c. indicate theADR process or processes that the party or parties are willing to participate in,have agreed to participate in,0f have aiready and provide the specified information): participated in (check all that apply The party or parties completing in the case have agreed to the party or parties compfeting this form If thisform are wining to have aiready completed an ADR process 0r processes, participate in or participate in the fofiowing ADR indicate the status of the processes (attach a copy of the parfies’ADR processes (check al!that appfy): stipulation): E E Mediation session not yet scheduied (1)Mediation E [j Mediation session scheduled for Agreed to (date): complete mediation by (date): E Mediation completed on (dafe): E E Settlement conference not yet scheduled (2)Sememem COnference E E] Settlement conference scheduied for(date): Agreed tocomplete settlement conference by(date): E Settlement conference completed on(date): E E Neutral evaluation not yet scheduied (3} Neutrai evaiuation E E Neutral evaluation scheduled for Agreed to (date): compéete neutral evaluatien by (date): E Neutral evaiuation completed on (date): E scheduled Judicial arbitration not yet (4)Nonbindmg judicia, arbitration E E 1 Agreed scheduled Judicial arbitration for (date): to completejudicial arbitration by (date): completed 0n Judicial arbitration (dare): E E E Private arbitration not yet scheduled Private arbitration scheduied for m (5)Binding private (date): arbitration Agreed tocompiete private by arbitration (date): [:j Private arbitration completedon (date): E E ADR session not yet scheduled (6)Other (specify): E [j ADR session scheduled for Agreed to complete (date): ADR session by (date): [j ADR comp!eted 0n (date): CM-1 10 {Rem Juxy 1,2011] P393 3 “f5 CASE MANAGEMENT STATEMENT CM-110 PLAINTQFF/PETHIONER: LLC Tranquility Pistachio, CASE NUMBER: DEFENDANT/RESPONDENT. . Susan . . . Susan Homor lemg Kllsdonk, Trustee of the Trust, et al 19CECGOZ385 11.Insurance a. 1:: Insurance carrier, any, for party filing this statement (name): E if b. c. E Reservation ofrights: Coverage issues win Yes E No case significantly affect resoiution of this (explain): 12. Jurisdiction may indicate any matters that affect the court's jurisdiction or processing of this case and describe the E Bankruptcy Status: :3 Other (specify): status. Related cases, consofidation, and coordination 13. a. D There are companion, underlying, or reiated cases (1) Name ofcase: (2) Name of court (3) Case number: (4) Status: {:3 Additiona! cases are described inAttachment 13a. '0‘ l I Amotiento E consolidate f coordinate wiH be filed by (name party): 14K Bifurcation j The fiie a motion for an order bifurcating, severing, or coordinating the party or parties intend to foilowing issues orcauses of moving party, action (Specify type of motion; and reasons): 15.Other motions } The party or parties expect to file the foiIowing motéons before trial{specifymoving party, type of motion,and issues): 16. Discovery a. b, E The have completed an discovery. party or parties The foflowing discovery be compieted by the date specified (describe will allanticipated discovery): Party PIaintiff/Defendant Description AllWritten Discovery including Demand for Documents Per Code m Plaintiff/Defendant Party Depositions Per Code Plaintiff/Defendant Expert Vthess Depositions Per Code c. :3 The following discovery issues, incmding issues regarding the discovery of electronically stored information, are anticipated (specify): CW” W “y 2m“ 1' CASE MANAGEMENT STATEMENT Page 4 of 5 CM-11G PLAINTIFF/PETITIONER: LLC Tranquility Pistachio, CASE NUMBER: DEFENDANT/RESPONDENT: 19CECGOZ385 Susan Susan Homor Living Tmst, Kilsdonk, Trustee of the et al 17. Economic litigation a. E This isa iimited case civil the (i.e,, of Civil Procedure sections 90-98 amount demanded is apply to this case. wili $25,000 or Iess)and the economic procedures litigation inCode b. E] This isa limited case and a motion civil to withdraw the case from the economic litigation procedures or for additional discovery wiu be filed(ifchecked explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues Ci The party or parties request that the following additional matters be considered or determined at the case management ccnference (specify): 19.Meet and confer a. EC] The party or partieshave met and conferred with allpartieson allsubjects required by rule 3.724 of the California Rules of Court not, explain): (if b, E After meeting (specify): and conferring as required byrule3724 of the California Rules of Court, the parties agree on the following 20. Totalnumber of pages attached (ifany): M am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, l as well as other issues raised by this statement, and wilt possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the patty where required Date: April 5, 2021 Charles K. Manock 0R PRtNT NAME) (TYPE } 1/2fl U MATURE fi PARTY 0R ATTORNEY) } OR PRINT NAME) {TYPE (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached. CM-m [Rem me 20111 Page 5 °f5 1, CASE MANAGEMENT STATEMENT PROOF OF SERVICE I am employed in the County of Fresno, State of California, over the age of eighteen (18) years and not a patty to the within-entitled matter. My business address is448 W. Shaw Avenue, Fresno, CA 93704. On April 5, 2021, Icaused t0 be served the foregoing: PLAINTIFF’S CASE MANAGEMENT STATEMENT; on thc interested parties in this action as follows: David Emerzian McCormick Barstow, LLP 7647 N. Fresno Street Fresno, CA 93720 E: david.emerzian@mccormickbarstow.com Attorneysfor Defendant Kilsdonk E (BY EMAIL OR ELECTRONIC TRANSMISSION) Based 0n a court order 0r an agreement 0f the parties t0 accept service by email or electronic transmission, I caused the documents t0 be sent to the persons at the email addresses listed. Idid not receive, Within a reasonable time afier the transmission, any electronic message 0r other indication that the transmission was unsuccessful. g (State)I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. 14 15 16 Executed on April 5,2020. 39W Bri ge Kipp 17 18 19 20 21 22 23 24 25 2 PROOF 0F SERVICE