On February 03, 2017 a
Party Statement
was filed
involving a dispute between
Capital Equity Management Group Inc,
and
Brenda Gillum,
Carter, Mary Rose,
Carter, William Keith,
Castleberry, George,
Castleberry, Richard,
Clements, Jamee Lynn,
Clements, Rick,
George Castleberry,
Gillum, Brenda,
Jamee Lynn Clements,
Kenneth A Swanger,
Mark Tillotson,
Mary Rose Carter,
Norcal Redevelopment Corp,
Northcutt, Richard,
Northern California Investments Lp,
Richard Castleberry,
Richard Northcutt,
Rick Clements,
Steven A Swanger,
Swan Construction,
Swanger, Kenneth A,
Swanger Properties Llc,
Swanger, Steven A,
Swan Investments Inc,
Tillotson, Mark,
William Keith Carter,
for Fraud: Unlimited
in the District Court of Stanislaus County.
Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Kurt D Hendrickson (SBN 251509); Chase A. Meister (SBN 332123)
KDH Law Electronically Filed
2101 Stone Blvd., Suite 115. West Sacramento, CA 95691 10/9/2020 3:18 PM
TELEPHONE NO. 916.993.5226 FAX NO. (Optional) Superior Court of California
E-MAIL ADDRESS (Optional): Kurt@KDHendrickson.com County of Stanislaus
ATTORNEY FOR (Name): Clerk of the Court
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus By: Michelle Woerner, Deputy
street appress: 801 10th Street, 4th Floor
MAILING ADDRESS: 801 10th Street, 4th Floor
ciry AND ziP CODE: Modesto, CA 95354
BRANCH NAME: Main Courthouse
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
DEFENDANT/RESPONDENT: Steven Swanger, et. al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [7 uimitep case 2023519
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 13, 2020 Time: 3:00 pm Dept. 21 Div. Room
Address of court (if different from the address above).
Notice of Intent to Appear by Telephone, by (name): Kurt D. Hendrickson
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. [_] This statement is submitted by party (name).
b. [Z] This statement is submitted jointly by parties (names): See attachment 1(b).
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date): November 10, 2014
b. 9, 2015
The cross-complaint, if any, was filed on (date): April
Service (to be answered by plaintiffs and cross-complainants only)
a [1 Allparties 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) [1 have not been served (specify names and explain why not):
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) [1 have had a default entered against them (specify names):
c Co The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a Type of case in [7] complaint Co cross-complaint (Describe, including causes of action).
Fraud, Breach of Fiduciary Duty, etc
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
‘Judicial Council of California rules 3.720-3.730
(CM-110 (Rev. July 1, 2011], www courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
CASE NUMBER:
2023519
DEFENDANT/RESPONDENT: Steven Swanger, et. al.
4. b. Provide a brief statement of the case, including any damages. (/f 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 allegedly defrauded by defendants in an alleged conspiracy regarding purchase of houses.
Co (If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request a jury trial [J a nonjury trial (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. (] The trial has been set for (date):
b. [7] 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 (if
not, explain)
Multiple continuances and extensive discovery.
ci Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
December 21, 2020 through January 1, 2021 (Vacation)
February 22, 2021 through March 10, 2021 (Trial)
Estimated length of trial
The party or parties estimate that the trial will take (check one)
a [41 days (specify number): 25
b. [1] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [1 by the attorney or party listed in the caption [1 by the following:
a Attorney: Kurt D. Hendrickson
b, Firm: KDH Law
c. Address: 2101 Stone Bivd., Suite 115. West Sacramento, CA 95691
d. Telephone number: (916) 993-5226 f Fax number:
E-mail address: Kurt@KDHendrickson.com g. Party represented: Steven Swanger et. al.
oS Additional representation is described in Attachment 8.
Preference
[1] 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 L_] 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 [1 has [1] has not reviewed the ADR information package identified in rule 3.221
b. Referral to judicial arbitration or civil action mediation (if available).
a) CO 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) CO 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) WZ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Exceeds statutory limits.
‘CM-110 [Rev. July 1, 2077] Page 2of5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
2023519
EFENDANT/RESPONDENT: Steven Swanger, et. al.
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
Settlement conference scheduled for (date).
(2) Settlement
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
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date)
(5) Binding private
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):
Page
3 of 5
(CM-110 [Rev. July 1, 2077] CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
Ls 2023519
DEFENDANT/RESPONDENT: Steven Swanger, et. al.
11, Insurance
a. [1 Insurance carrier, if any, for party filing this statement (name):
b, Reservation of rights: [[] Yes No
c. [1 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.
[1] Bankruptcy [] Other (specify).
Status:
13. Related cases, consolidation, and coordination
a. (There are companion, underlying, or related cases.
(1) Name of case: CEMG v Swanger
(2) Name of court: Stanislaus County, Dept. 21
(3) Case number:2023519
(4) Status: Pending
[J Additional cases are described in Attachment 13a
b. [] Amotion to (5) consolidate [5 coordinate will 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
[4 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Discovery and substantive motions are expected to be refiled at conclusion of stay. Further discovery motions
are expected.
16. Discovery
a. [_] The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
Descriptior Date
Party
Defendants Written discovery; depositions; expert discovery Per code
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 §
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc. CASE NUMBER:
| 2023519
DEFENDANT/RESPONDENT: Steven Swanger, et. al.
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 isa 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
[1 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. M and confer
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. 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): {
dispute resolution,
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative
possess the authority to enter into stipulations on these issues at the time of
as well as other issues raised by this statement, and will
the case management conference, including the written authority of the party where required.
Date: October 9, 2020
Kurt D. Hendrickson
(TYPE OR PRINT NAME)
lt PLM (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 §
CASE MANAGEMENT STATEMENT
Capital Equity Management Group, Inc. vy. Swanger
Stanislaus Cty. Super. Ct. Case No. 2023519
Case Management Statement of Defendants Steven Swanger, et al.
Attachment 1(b)
This statement is submitted jointly by
Steven Swanger, Kenneth Swanger, Brenda Gillum, Swan Construction, Swan
Investments, Inc., Swanger Properties, LLC, Northern California Investments, LP, and
Richard Northcutt