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  • Bulwinkle VS Barnes Unlimited Civil document preview
  • Bulwinkle VS Barnes Unlimited Civil document preview
  • Bulwinkle VS Barnes Unlimited Civil document preview
  • Bulwinkle VS Barnes Unlimited Civil document preview
  • Bulwinkle VS Barnes Unlimited Civil document preview
  • Bulwinkle VS Barnes Unlimited Civil document preview
  • Bulwinkle VS Barnes Unlimited Civil document preview
  • Bulwinkle VS Barnes Unlimited Civil document preview
						
                                

Preview

BACK OFFICE2744 PAGE 82/87 11/18/2828 81:19PM 5184826176 CM-110 ATTORNEY OR FARTY WITHOUT ATTORNEY (Name, Stete Sar tumber, and address): Dana Sack, SBN 92425 Fl LE D BY FAX Sack Rosendin, LLP 1437 Leimert Blvd., Ste. B ALAMEDA COUNTY Oakland CA 94602 Movember 18, 2020 TELEPHONE NO: 510-286-2200 FAX NO, (Option: None CLERK OF | E-MAIL ADDRESS (Optional: da@sackrosendin.cam THE SUPERIOR GOURT ATTORNEY FOR (Nemes): Plaintiff Mark Bulwinkle By Shabra lyamu, Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY GF ALAMEDA ctASE NUMBER: STREET ADDRESS: 24405 Amador Street T RG20066469 MAILING ADDRESS; Same CITY AND zIF CODE: Hayward 94544 BRANGH NAME: Hayward Hail of Justice PLAINTIFF/PETITIONER: Mark Bulwnkle DEFENDANT/RESPONDENT: Barnes and Lee & Associates CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [02] UNLIMITED CASE [7] LIMITED CASE RE20 066469 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Dacember 5, 2020 Time: 9:00 a.m. Dept.; 25 Div.: Room: Address of court (if different from the address above): [2] Notice of Intent to Appear by Telephone, by (name): Dana Sack INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one); a. [4] This statement is submitted by party (name): Mark Bulwinkle b. [__] This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a, The complaint was filed on (date): November 18, 2019 b. [__] The cross-compiaint, if any, was filed on (date): 3. Service (fo ba answered by plaintiffs and Gross-complainants only) a, [5C] All parties named in the complaint and cross-complaint have been served, have appaared, or have heen dismissed, b. [__] The following parties named in the complaint or cross-complaint (1) [[7] have not been served (specify names and explain why not): (2) [__] have been served but have not appeared and have not been dismissed (specify names): @) ["7] have had a default entered against them (specify names): c, (__] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4, Description of case a. Type ofcasein [_x] complaint C=] cross-complaint (Describe, including causes of action): Professional negligence and Breach of Fiduciary Duty Page 1 of 5 Form Adopind far Mandetory Use Judicial Council of Galifornia CASE MANAGEMENT STATEMENT Ceian ao 7 CM-110 [Rev. July 2, 2071) Www. courts.ce,.gov BACK OFFICE2748 PAGE 83/87 11/18/2828 @1:19PM 5184826176 CM-110 PLAINTIFF/FETITIONER: Mark Bulwnkle CASE NUMBER: DEFENDANT/RESPONDENT: Barnes and Lee & Associates RG20 066489 4.b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, incitiding medical expenses to date [indicate source and amount}, estimated future medical expanses, lost eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) Defendants were the sales agent and broker for the sale of Plaintiff's land, Defendanis undervalued the land. Defendants knew and did not tell Plaintiff, that the land had been re-zoned from 2 homes to 7 homes. Defendants persuaded Plaintiff to sell hand for $400,000.00 less than its true value. [7] (lf more space is needed, check this box and attach a page designated as Attachment 4b.) 6. Jury or nonjury trial a. The party or parties request [*] @jury trial [__] a nonjury trial. (/f 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. 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): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Trial counsel for Ptaintiff has trials in April 2021 and June 2021. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3 b. [-_] hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented attrial [x] by the attorney or party listed inthe caption [__] by the following: a. Attorney: b. Firm: c. Address: d. Telaphone number: f. Fax number: . E-mail address: g. Party represented: [*] Additional representation is described in Attachment 8. 9. Preference (“"] This case is antitled ta praference (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 [__] hasnet 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 [__] has [__| has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ((__] This matter is subject ta mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Gade of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) [[__] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recavery to the amount spacified in Code of Civil Procedure section 1147.11. (3) This case is exempt from judicial arbitration under rule 3.8114 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): (b)(6) not amenable to resolution by judicial arbitration. GM-T10 Tov. duly 1, 20747 CASE MANAGEMENT STATEMENT Page 2 015 BACK OFFICE2744 PAGE a4/87 11/18/2828 81:19PM 5184826176 CM-110 PLAINTIFF/PETITIONER: Mark Bulwnkle CASE NUMBER: RG20 066469 DEFENDANT/RESPONDENT: Barnes and Lee & Associates 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 lf 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 parfies' ADR processes (check aif that apply); Stipulation): [7] Mediation session not yet scheduled Mediati CJ L__] Madiation session scheduled for (date): (1) Mediation [-] Agreed to complete mediation by (date): [] Mediation completed on (cata): [42] Settlement conference not yet scheduled (2) Settlement Ge] [__] Settlement conference scheduled for (date): conference [_] Agreed to complete settlement conference by (date): {__] Settlement conference completed on (date): Neutral evaluation not yet scheduled (] Neutral evaluation scheduled for (date): eutral ti (3) Neutral evaluation Cx] (__j Agreed to complate neutral evaluation by (date): [7] Neutral evaluation completed on (date): (C=) Judicial arbitration not yet scheduled (4) Nonbinding judicial Co [_] Judicial arbitration scheduled for (date): arbitration [_] Agreed to complete judicial arbitration by (date): (J dudicial arbitration completed on (date): (_] Private arbitration nat yet scheduled (5) Binding private Ty [_] Private arbitration scheduled for (date): arbitration [7] Agreed to complete private arbitration by (date): [_] Private arbitration completed on (date). [) ADR sesston not yet scheduled ADR session scheduled for (date): (6) Other (specify): C3] [_] Agreed to complete ADR session by (date): [_,] ADR completed on (date): CM.-419 [Rev. duly 1, 2014} CASE MANAGEMENT STATEMENT Page 3 of § BACK OFFICE2 744 Pase @5/ ay 11/18/2828 Bl: 19PM 5lade2el76 CM-110 PLAINTIFF/PETITIONER: Mark Bulwnkle CASE NUMBER: RG20 066469 DEFENDANT/RESPONDENT,; Barnes and Lee & Associates 11. Insurance a. (] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [7] Yes [7_] No ¢. [__] 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 ihe status. [7] Bankruptcy [_] Other (specify): Status: 13. Related cases, consolidation, and coordination a. [__] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: {__] Additional cases are deseribed in Attachment 13a. b. (__]| Amotion ta (-} consolidate [77] coordinate will be filed by (name party): 14, Bifurcation [J The party or parties intend to file a motion for an order bifureating, severing, or coordinating the following issues or causes af action (specify moving party, type of motion, and reasons): 15. Other motions ([]] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [__] The party or parties have completed all discovery. b. The following discovery will be completed by the date spacified (describe all anticipated discovery): Party Desctiption jw fsee |io c. [_] The foliowing discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): GAAND TR@v. daly 1, 2011) CASE MANAGEMENT STATEMENT Page 4 of 6 BACK OFFICE2744 PAGE 86/87 11/18/2828 61:19PM 5184826176 GM-110 PLAINTIFF/PETITIONER: Mark Bulwnkle CASE NUMBER: DEFENDANTIRESPONDENT: Barnes and Lee & Associatas RG20 046469 17. Economic litigation a. [__] This is a limited civil case (L.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 casa, b. [_] This is a 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 discavery or trial should not apply to this case): 18. Other issues [7] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meat and confer a, 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 (ff any): 1 POS | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues caised by this statement, and will possess the authority ta enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: November 17, 2020 a . > oF Ot Dana Sack, for Plaintiff Mark Bulwinkle (TYPE OR PRINT NAME} t (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [] Additional signatures are attached, Page 6 of & GMet40 Rev. July 1, 2014] CASE MANAGEMENT STATEMENT BACK OFFICE2746 PAGE ar/a? 11/19/2828 @1:19PM 5164826176 Bulwinkle v, Barnes and Lee & Associates ACSC Case No, RG20 066469 PROOF OF SERVICE The undersigned hereby declares as follows: Tam employed in the County of Alameda, State of California. ] am over the age of eighteen years and not a party to the within entitled cause; my business address is 1437 Leimert Blvd., Ste. B, Oakland CA 94602. Tam readily familiar with the firm's practice of collection and processing correspondence 10 documents for mailing. It is deposited with the United States Postal Service on that same day in 11 the ordinary course of business. I am aware that on motion of the party or parties served that 12 service is presumed invalid if the postal cancellation date or postage meter date is more than one 13 (1) day after the date of depositing for mailing. 14 On November 18, 2020, 1 caused the attached Plaintiff's Case Management Conference 15 Statement, addressed as follows: 16 17 Peter C. Catalanotti Michael V. Shepherd 18 Wilson, Elser, Moskowitz, et al. 525 Market Street, 17th Floor 19 San Francisco, CA 94105-2725 20 I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct. 22 Executed on November 18, 2020, at Oakland, California. 23 24 Kevin Si 5 25 26 9