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, Stale Bar number, and address):
William H. Parish SBN-95913)
WILLIAM H. PA 1% ISH, PC
1919 Grand Canal Blvd. Ste. A5 Stockton, CA 95207
TELEPHONEN0209_952_1992 FAX NO. (Optional): Electronically Filed
(Opiional):par1Sh@parlShlegal'com
E-MAIL ADDRESS
9/30/2020 9:32 AM
NorCal Redevelopment; Richard Castleberry; George Castleberry
ATTORNEY FOR (NamexDefendants Superior Court of California
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus County of Stanislaus
STREET ADDRESS: Clerk of the Court
MAILING ADDRESS: 801 10th Street, 4th Floor By: Nicole Nelson, Deputy
CITY AND ZIP CODE: MOdeStoa 95354
BRANCH NAME: Clty Towers Courthouse
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
DEFENDANT/RESPONDENT: Steven A Swanger; et aL
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): 1:] UNLIMITED CASE i:i LIMITED CASE 2023519
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 10/13/2020 Time: 300 Dept.:21 Div.: Civil Division Room:
Address of court (if different from the address above):
[X] Notice of Intent to Appear by Telephone, by (name): William H. Parish
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. EX] This statement is submitted by party (name); DEFs NorCal Redevelopment, Richard Castleberry, George Castleberry
b. E 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. E All patties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. E The following parties named in the complaint or cross-complaint
(1) E have not been served (specify names and explain why not):
(2) E have been served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specify names):
c. E The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which
they may be served):
4. Description of case
a. Tm 0f 0859 in EX] complaint D cross—complaint (Describe, including causes
of
of action):
Complaint for Damages for:CivilConsiracy to Commit Fraud; Fraud, Breach Fiduciary Duties, Accounting, Resulting Trust
Intentional Interference with Prospective Economic Advantage; Illegal use of Trade Secrets; and Punitive Damages; Breach of
Contract.
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council cl California
CASE MANAGEMENT STATEM ENT r
Cal. Rules of-Court,
7204.730
rules 3
CM-110 [Rev. July 1, 2011] www.couits.ca.gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
2023519
DEFENDANT/RESPONDENT: Steven A. Swanger; et a1.
4. b. Provide a brief statement of the case, including any damages. (lfpersona/ 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. describe the nature of the relief.)
If equitable relief is sought,
E (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 a jury trial E a nonjury trial. (lf 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. E 12 months of the date of the filing of the complaint (if
No trial date has been set. This case will be ready for trial within
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): 15
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
[X]
The party or parties will be represented at trial by the attorney or party listed in the captionE by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
E Additional representation is described inAttachment 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 D has not provided the ADR information package identified
in rule 3.221to the client and reviewed ADR options with the client.
(2) For self-represented parties:Party D has E has not reviewed the ADR information package identified in rule 3.221.
b.
E
Referral to judicial arbitration or civil action mediation (if available). .
(1) This matter is mandatoryjudicial under
arbitration Code ofCivilProcedure section 1141.11 or to civil action
mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
sutg'ect'to
statutory limit.
(2) [E Civil Procedure section 1141.11.
inCode of
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified
(3) E'
mediation under Code of Civil Procedure section
ofthe California Rules of Courtor from civil action
This case is exempt from judicial arbitration under rule 3.811
1775 et seq. (specify exemption):
CM‘WReHU'WWI CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLNNWFHPEWWONERICmfimlEqufiyhmnwgmnmn(houp1no
2023519
DEFENDANT/RESPONDENT: Steven A_ 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 have agreed to
lfthe party or parties completing this form in the case
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):
DUDE
Mediation session not yet scheduled
(1) Mediation
m Mediation session scheduled for (date):
Agreed to complete mediation by (date)?
Mediation completed on (date):
Settlement conference not yet scheduled
DUDE
'
(2) Settlement
conference
E Settlement conference scheduled for (date):
. Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
DUDE
Neutral evaluation not yet scheduled
(3) Neutral evaluation
E Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
DUDE
Judicial arbitration not yet scheduled
(4) Nonbinding judicial
arb'trat'on
D Judicial arbitration scheduled for (date).
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
DUDE
Private arbitration not yet scheduled
(5) Binding private
arbitrat'on
E Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
DUDE
ADR session not yet scheduled
(6) Other (specify):
E ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110[Rev.July1,2011] Page30f5
CASE MANAGEMENT STATEMENT
cm
CASE NUMBER:
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
.__
2023519
DEFENDANT/RESPONDENT: Steven A. Swanger; et a1.
11. Insurance -
a. E Insurance carrier. if any, for party filing this statement (name):
b. Reservation of rights: E Yes E No
c. D affect
Coverage issues will significantly 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.
E Bankruptcy E Other (specify):
Status:
13. Related cases, consolidation, and coordination
a_ E There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
E Additional cases are described in Attachment 13a.
b. E: A motion to E consolidate E coordinate willbe filed by (name party):
14. Bifurcation
E The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes
of and
of
action (specify moving pan‘y,type motion, reasons):
15. Other motions
E the (specify moving party, type of motion, and issues):
party or parties expect to file the following motions before trial
16. Discovery
a. E The party or parties have completed all discovery.
b. E The following discovery will be completed by the date specified (describe all anticipated discovery):
_Pa_rty Description M
c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page4of5
CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
2023519
DEFENDANT/RESPONDENT: Steven A. Swanger; et a1.
17. Economic litigation
a. E (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
This is a limited civil case
of Civil Procedure sections 90-98 will apply to this case.
b. E and a motion to withdraw the case
This is a limited civil case from the economic litigation procedures or for additional
discovery willbe filed(if checked, explain specifically whyeconomic 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.[E 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):
lam completely familiar with this caseand 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: 2020
M
Septembet 30,
Winiam H. Parish D d/flm // '
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
I (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
E Additional signatures are attached.
CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT PageSols
_
PROOF OF SERVICE
Capital Equity Management Croup, Inc. v. Swanger; et al.
Stanislaus Count County Superior Court, Case N0. 2023519
I hereby certify that I am a citizen of the United States, over the age of eighteen years, and not a
party to the within action. My business address is 1919 Grand Canal Boulevard, Suite A-S, Stockton,
California, 95207, which is located in the county where the service described below occurred.
On this date, September 30, 2020, I served the foregoing document entitled:
CASE MANAGEMENT STATEMENT
I served the document on:
VIA FIRST CLASS MAIL VIA FIRST CIA-S‘s MAIL
9“ Mr. I\_ .
Dustin .-
J. h-
Dyer Mr. Gerald Brunn
5250 Claremont Avenue, Suite 119 928 12th St. Ste. 220
10
Stockton, CA 95207 Modesto, CA 95354
11
VIA FIRST CLASS MAIL VIA FIRST CLASS MAIL
12 Mr. Kurt Hendrickson Ms. Jennifer Hane
CWM YRIALS A {PPEALS
PARISHPC
KDH Law 450 Golden Gate Ave.
13 10th Floor, Room 10—0101
2101 Stone Blvd., Suite 120
West Sacramento, CA 95691 San Francisco, CA 94102
14
VIA FIRST CLASS MAIL
(QWILLIAM H.
15
Mr; Bradley Benbrook
16 400 Capitol Mall, Ste. 1610
Sacramento, CA 95814
17
18
19 FIRST CLASS USPS MAIL: by enclosing the documents in a sealed envelope with postage
thereon fully prepaid, into a box designated by my employer for collection and processing of
20 for mailing with the United States Postal Service, addressed as set forth below.
correspondence
I am readily familiar with the business practices of my employer, PARISH GUY CASTILLO,
21 with United States Postal
PC, for the collection and processing of correspondence for mailing the
22 Service. Under that practice, the correspondence placed in the designated box is deposited with
the United States Postal Service at Stockton, California, the same day in the ordinary course of
23 business.
24
I declare under penalty of perjury under the laws of the State of California that the foregoing is
OW
25 true and correct.
26
27 /Jennifer Schwab
28
l
PROOF OF SERVICE