Preview
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.
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15
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Executed on April 5,2020.
39W
Bri ge Kipp
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PROOF 0F SERVICE