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  • CAPITAL EQUITY MANAGEMENT GROUP INC VS SWANGER, STEVEN AFraud: Unlimited  document preview
  • CAPITAL EQUITY MANAGEMENT GROUP INC VS SWANGER, STEVEN AFraud: Unlimited  document preview
  • CAPITAL EQUITY MANAGEMENT GROUP INC VS SWANGER, STEVEN AFraud: Unlimited  document preview
  • CAPITAL EQUITY MANAGEMENT GROUP INC VS SWANGER, STEVEN AFraud: Unlimited  document preview
  • CAPITAL EQUITY MANAGEMENT GROUP INC VS SWANGER, STEVEN AFraud: Unlimited  document preview
  • CAPITAL EQUITY MANAGEMENT GROUP INC VS SWANGER, STEVEN AFraud: Unlimited  document preview
  • CAPITAL EQUITY MANAGEMENT GROUP INC VS SWANGER, STEVEN AFraud: Unlimited  document preview
  • CAPITAL EQUITY MANAGEMENT GROUP INC VS SWANGER, STEVEN AFraud: Unlimited  document preview
						
                                

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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