On February 03, 2017 a
Party Notice
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.
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ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME, ADDRESS, PHONE, BAR NUMBER) FOR COURT USE ONLY .
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Attorney for: CEM 6
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
Street Address: City Towers Bldg, 801 10th St,
4‘“
Floor, Modesto, CA 95354
CiviICIerk'somce: 301 10‘“Street,4'h Floor,Modesto, CA 95354
Plaintimpetitiuuer: CEMC,
DefendanURespnndent:
Swamficr ck. “L
CASE NUMBER
NOTICE 0F CASE MANAGEMENT CONFERENCE
2023519
l. NOTICE is given that a Case Manageaegn‘ffonference has been scheduled as follows:
This case is
Date:
assigned to Judge
JUN
_.
D
MHHMM
’
A
Time:
MMHEW‘
'
3 OD
i
,Dept
'
t
‘
9 S
W ,for all purposes,
including trial.
*Departments 21& 22 are located at 801 10th Street, 6th Floor, CA 95354 Modesto,
*Depanments 23 & 24 are located at 801 10m Street, 4‘“ Floor, Modesto, CA 95354
All filings shall be filed in the Clerk’s Office at the City Towers, 4m Floor address.
..........................................................................................................................................
You have 30 calendar days to file a written response with this court after the legal papers and the summons
were served on you. You must also serve a copy of your written response on the plaintiff.
2. You must file and serve a completed Case Management Conference Statement at least fifteen (I 5) calendar days
before the case management conference.
3. You must be familiar with the case and be fully prepared to participate efi'ectively in the case management
conference.
4. At the case management conference the Court‘may make pretrial orders, including the following:
a. An order establishing a discovery schedule.
b. An order referring the case to arbitration.
c. An order dismissing fictitious defendants.
d. An order scheduling exchange of expert witness information.
e. An order setting subsequent conferences and the trial date.
f. Other orders to achieve the goals ofthe Trial Court Delay R n Act (Gov. Code, § 68600 et seq.).
FEB 3 2m?
Deputy Clerk
Date: by /\
71 V
_,
V" / WETIE HORTA
—SANCI;{6NS—
(
If you do not file the Case Ma E
mem‘ Statement required by local rule, or,attend the case
CVOO3 0r participate effectively in the conference, the court may impose
management conference
Mandatory of the answer, and payment of money).
sanctions (including dismissal 0f the case, striking 11/10
Form
'1
Rule 3.110. Time for Service of Complaint, Cross-Complaint, and Response
(a) [Application] This rule applies to the service ofplmdings in civil cases except for collection cases under Rule 3.740
(a), Unlawful detainer actions, proceedings, under the Family Code, and other proceedings for which different
service requirements are prescribed by law.
(b) [Service of complaint] The complaint must be served on all named defendants and proofs 0f service on those
defendants must be filed with the court within 60 days afier the filing 0f the complaint. When the complaint is
amended to add a defendant, the added defendant must be served and proof ofservice must be filed within 30 days
afier the filing of the amended complaint.
(C) [Service ofcross-complaint] A cross-complaint against a party who has appeared in the action must be accompanied
by proof ofservice 0fthe cross-complaint at the time it is filed. Ifthe cross-complaint adds new parties, the cross-
complaint must be served on all parties and proofs ofservice on the new parties must be filed within 30 clays ofthe
filing of the cross-complaint.
(d) [Timing ofresponsive pleadings] The parties may stipulate without leave ofcourt to one 15-day extension beyond
the 30-day time pen'od prescribed for the response afier service ofthe initial complaint.
(e) [Modification oftiming: application for order extending time] The court, on its own motion or on the application of
a party, may extend 0r otherwise modify the times provided in (b) -
(d). An application for a court order extending
the time to serve a pleading must be filed before the time for service has elapsed. The application must be
accompanied by a declaration showing why service has notbeen completed, documenting the efforts that have been
made to complete service, and specifying the date by which service is proposed to be completed.
(fl [Failure to serve] Ifa party fails to serve and file pleadings as required under this rule, and has not obtained an order
extending time to serve its pleadings, the court may issue an Order to Show Cause why sanctions shall not be
imposed.
(g) [Request for entry ofdefault] If a responsive pleading is not served within the time limits Specified in this rule and
no extension offime has been granted, the plaintiff must file a request for entJy ofdefault within 10 days afier the
time for service has elapsed. The court may issue an Order to Show Cause why sanctions should not be imposed if
the plaintiff fails t0 timely file the request for the entry of default.
(h) [Default judgment] When a default is entered, the party who requested the entry 0f default must obtain a default
judgment against the defaulting party within 45 days afier the default was entered, unless the court has granted an
extension of time. The may issue an Order to Show Cause why sanctions should not be imposed ifthat party
court
fails to obtain entry ofjudgment against a defaulting party 0r to request an extension offime to apply for a default
judgment within that time.
[Order to Show Cause] Responsive papers to an Order to Show Cause issued under this rule must be filed and
(i)
served at least 5 calendar days before the hearing.
CVOO3
Mandatory
Foxm 1 1/ 1 0
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ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME, ADDRESS, PHONE, BAR NUMBER) FOR COURT USE ONLY . mam 5 ‘Ogco‘ syn 7,7450% mew. W SWM Em: Q , P, f wwmmh $92“! Attorney for: CEM 6 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS Street Address: City Towers Bldg, 801 10th St, 4‘“ Floor, Modesto, CA 95354 CiviICIerk'somce: 301 10‘“Street,4'h Floor,Modesto, CA 95354 Plaintimpetitiuuer: CEMC, DefendanURespnndent: Swamficr ck. “L CASE NUMBER NOTICE 0F CASE MANAGEMENT CONFERENCE 2023519 l. NOTICE is given that a Case Manageaegn‘ffonference has been scheduled as follows: This case is Date: assigned to Judge JUN _. D MHHMM ’ A Time: MMHEW‘ ' 3 OD i ,Dept ' t ‘ 9 S W ,for all purposes, including trial. *Departments 21& 22 are located at 801 10th Street, 6th Floor, CA 95354 Modesto, *Depanments 23 & 24 are located at 801 10m Street, 4‘“ Floor, Modesto, CA 95354 All filings shall be filed in the Clerk’s Office at the City Towers, 4m Floor address. .......................................................................................................................................... You have 30 calendar days to file a written response with this court after the legal papers and the summons were served on you. You must also serve a copy of your written response on the plaintiff. 2. You must file and serve a completed Case Management Conference Statement at least fifteen (I 5) calendar days before the case management conference. 3. You must be familiar with the case and be fully prepared to participate efi'ectively in the case management conference. 4. At the case management conference the Court‘may make pretrial orders, including the following: a. An order establishing a discovery schedule. b. An order referring the case to arbitration. c. An order dismissing fictitious defendants. d. An order scheduling exchange of expert witness information. e. An order setting subsequent conferences and the trial date. f. Other orders to achieve the goals ofthe Trial Court Delay R n Act (Gov. Code, § 68600 et seq.). FEB 3 2m? Deputy Clerk Date: by /\ 71 V _, V" / WETIE HORTA —SANCI;{6NS— ( If you do not file the Case Ma E mem‘ Statement required by local rule, or,attend the case CVOO3 0r participate effectively in the conference, the court may impose management conference Mandatory of the answer, and payment of money). sanctions (including dismissal 0f the case, striking 11/10 Form '1 Rule 3.110. Time for Service of Complaint, Cross-Complaint, and Response (a) [Application] This rule applies to the service ofplmdings in civil cases except for collection cases under Rule 3.740 (a), Unlawful detainer actions, proceedings, under the Family Code, and other proceedings for which different service requirements are prescribed by law. (b) [Service of complaint] The complaint must be served on all named defendants and proofs 0f service on those defendants must be filed with the court within 60 days afier the filing 0f the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof ofservice must be filed within 30 days afier the filing of the amended complaint. (C) [Service ofcross-complaint] A cross-complaint against a party who has appeared in the action must be accompanied by proof ofservice 0fthe cross-complaint at the time it is filed. Ifthe cross-complaint adds new parties, the cross- complaint must be served on all parties and proofs ofservice on the new parties must be filed within 30 clays ofthe filing of the cross-complaint. (d) [Timing ofresponsive pleadings] The parties may stipulate without leave ofcourt to one 15-day extension beyond the 30-day time pen'od prescribed for the response afier service ofthe initial complaint. (e) [Modification oftiming: application for order extending time] The court, on its own motion or on the application of a party, may extend 0r otherwise modify the times provided in (b) - (d). An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has notbeen completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed. (fl [Failure to serve] Ifa party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an Order to Show Cause why sanctions shall not be imposed. (g) [Request for entry ofdefault] If a responsive pleading is not served within the time limits Specified in this rule and no extension offime has been granted, the plaintiff must file a request for entJy ofdefault within 10 days afier the time for service has elapsed. The court may issue an Order to Show Cause why sanctions should not be imposed if the plaintiff fails t0 timely file the request for the entry of default. (h) [Default judgment] When a default is entered, the party who requested the entry 0f default must obtain a default judgment against the defaulting party within 45 days afier the default was entered, unless the court has granted an extension of time. The may issue an Order to Show Cause why sanctions should not be imposed ifthat party court fails to obtain entry ofjudgment against a defaulting party 0r to request an extension offime to apply for a default judgment within that time. [Order to Show Cause] Responsive papers to an Order to Show Cause issued under this rule must be filed and (i) served at least 5 calendar days before the hearing. CVOO3 Mandatory Foxm 1 1/ 1 0