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SUMMONS Cross-Complaint FOR COURT USE OHL Y
(SOLO PARA USO DE LA CORTE)
SUM-110
(CITACION JUDICIAL-CONTRADEMANDA) NOTICE TO CROSS-DEFENDANT: (AV/SO AL CONTRA-DEMANDADO): Edward E. Yates
f?SOrb[§©J JUN 3 0 2017
YOU ARE BEING SUED BY CROSS-COMPLAINANT: (LO ESTA DEMANDANDO EL CONTRADEMANDANTE): County of Marin
JAMES M. KIM, Court Executive Officer MARIN COUNTY SUPERIOR COURT
By: J. Chen, Deputy
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the cross-complainant. A letter or phone call will not protect you. Your written response must be in proper legal form If you want the court to hear your case. There may be a court form that you can use for your response. You can find these court fonns and more information at the California Courts Online Self-Help Center (www.courtlnfo.ca.gov/se/fhelp), your county law library, or the courthouse nearest you. If you cannot pay the flUng fee, ask the court clerk for a fee waiver fonn. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court.
There are other legal requirements. You may want to call an attomey right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcallfomia.org), the California Courts Online Self-Help Center (www.courllnfo.ca.govlselfhelp}, or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must ba paid before the court will di smlss the case.
Tiene 30 DiAS DE CALENDARIO despues de que le entreguen esta citac/6n y papeles legates para presentar una respuesta por esqrito en esta corte y bacer que se entregue una cop/a al contrademandante. Una carta o una llamada telef6nlca no lo protegen. Su respuesta por escrito tlene que estar en formato legal correcto si desea que procesen su caso en la corte. Es poslble que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularlos de la cone y mas lnfonnacl6n en el Centro de Ayuda de las Cortes de Cal/fomla (www.sucorte.ca.gov), en la biblioteca de /eyes de su condado o en la corte que le quede mas cerca. Si no puede pagar la cuota de presentacl6n, pida al secretario de la corte que le de un formularlo de exencl6n de p8go de cuotas. Si no presenta su respuesta a tlempo, puede perder el caso por lncumplimiento y la carte le podra quitar su sueldo, dinero y blenes sin mas advertencia.
Hay otros requlsltos legs/es. Es recomendable que /lame a un abogado lnmedlatamente. SI no conoce a un abogado, puede /Jamar a un servicio de remision a abogados. Si no puede pagar a un abogado, es poslble que cumpla con /os requlsltos para obtener servicios legales gratultos de un programa de servlclos legates sin fines de lucro. Puede encontrar estos gropos sin fines de lucro en el sltlo web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), o on/enclose en contacto con la carte o el co/egio de abogados locales. A VISO: Por /ey, la carte tlene derecho a reclamar las cuotas y los costos exentos por lmponer un gravamen sobre cualquier recuperaclon de $10,000 6 ""s de valor reclblda med/ante un acuerdo o una concesl6n de atbltraie en un caso de derecho civil. Tlene gue oaaar el gravamen de la corte antes de que la corte aueda desechar el caso.
The name and address of the court is: SHORT NAME OF CASE (tnim Complaint): (Nombre de casoJ: (El nombre y direcci6n de la corte es): Friends of West Tam Valley v. County of Marin
" C S " C CASE NUMBER: (Nflmeto de/ Csso}: Mann . o.unty upen<?r 0 w:t CIV 1700963 3501 C1v1c Center Dnve, SUite 113, San Rafael, CA 94903 ----~....;...;.....;---.. ________ __,
The name, address, and telephone number of cross-complainant's attorney, or cross-complainant without an attorney, is: (El nombre, la direcci6n y el ntimero de telefono de/ abogado de/ contrademandante, o de/ contrademandante que no tiene abogado, es): Stephen R. Raab, Marin County Counsel's Office (415) 473-61 lj_. CHEN 3501 Civic Center Drive, Suite 275, San Rafael, CA 94903 ""
DATE: (Fecha) JUN 3 0 2017
Clerk, by , Deputy (Secretario) -------------- (Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).) JAME 8 lvi. hJ wi (Para prueba de entrega de esta citati6n use el fonnulario Proof of Service of Summons (POS-010).)
NOTICE TO THE PERSON SERVED: You are served ISEALI 1. OCI as an individual cross-defendant.
Form Adopted for Mandatory Use JucflCial Council Of California SUM-110 (Rev. July 1. 2009)
2. L=3 as the person sued under the fictitious name of (specify):
3. on behalf of (specify): under: CJ CCP 416.10 (corporation)
CJ CCP 416.20 (defund corporation) CJ CCP 416.60 (minor)
Cl CCP 416.40 (association or partnership) D CCP 416.70 (conservatee) D CCP 416.90 (authorized person)
CJ other (specify): 4. : 1 by personal delivery on (date):
Page 1of1
SUMMONS-CROSS-COMPLAINT ~ Code of Civil Procedure,§§ 412.20. 428.60, 465 SO ns--
($. us
BRIAN E. WASHINGTON, COUNTY COUNSEL Stephen R Raab, SBN 180939
2 3501 Civic Center Drive, Room 275 San Rafael, CA 94903
3 Tel.: (415) 473-6117, Fax: (415) 473-3796 [email protected]
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Attomey(s) for the COUNTY OF MARIN
JUN 3 0 2017 JAMES M. KIM. Court Executive omcer
MARIN COUNTY SUPERIOR COURT By: J. Chen, Deputy
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SUPERIOR COURT OF CALIFORNIA,
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11 FRIENDS OF WEST TAM VALLEY,
12 Petitioner/Plaintiff,
13 v.
14 COUNTY OF MARIN,
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RespondentlI>ef endant
COUNTY OF MARIN,
v.
Cross-complainant and Respondent/Defendant,
22 EDWARDE. YATES Cross-Defendant
COUNTY OF MARIN
Case No.: CIV 1700963
CROSS-COMPLAINT OF COUNTY OF MARIN AND DEMAND FOR JURY TRIAL
JURY TRIAL DEMANDED
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Cross-complainant COUNTY OF MARIN alleges as follows:
1. This Court has jurisdiction over the cross-complaint pursuant to Code of Civil Procedure §
428.10, as the claim for declaratory relief arises out of the same transaction, occurrence, or series of
transactions or occurrences set forth in the Petition/Complaint of Friends _of West Tam Valley.
CROSS-COMPLAINT OF COUNTY OF MARIN
1 Additionally, the cross-complaint asserts a claim, right, or interest in the controversy which is the
2 subject of the claim brought against the County of Marin by Friends of West Tam Valley.
3 2. Because there is a related claim, the County of Marin can join with it any other claims it has
4 against any other persons pursuant to Code of Civil Procedure§§ 428.20 and 428.30, including its claim
5 against Edward E. Yates for violation of the False Claims Act.
6 3. Edward E. Yates is a person who made the Public Records Act request at issue in
7 Complaint/Petition. He also is the person who set forth, in a declaration under penalty of perjury, the
8 false information that the records he requested for copying were for a specified purpose that was untrue
9 and false.
IO 4. In an action filed on March 15, 2017, Friends of West Tam Valley submitted a
11 Petition/Complaint for injunctive and declaratory relief, and for a writ of mandamus and against the
12 County of Marin for alleged violations of the California Public Records Act The Petition/Complaint
13 was based upon Government Code§§ 6258 and 6259, which~authorize those claims. Friends of West
14 Tam Valley also improperly joined claims under Code of Civil Procedure§§ 1060and1085. However,
15 Filarsky v. Superior Court (City of Manhattan Beach), (2002) 28 Cal. 4th 419 found that Government
16 Code§ 6258 and 6259 are the exclusive statutes for undertaking actions involving California Public
17 Records Act request, and claims under the Code of Civil Procedure, such as 1060, are not appropriate.
18 Government Code§§ 6258 and 6259 determine the pleading deadlines for actions regarding Public
19 Record Act requests.
20 5. The County of Marin did not receive a Public Records Act request from Friends of West Tam
21 Valley. In fact, the County of Marin received a Public Records Act request from Cross-Defendant
22 Edward E. Yates. In a letter dated September 10, 2016 (Ex. 5 to Petition/Complaint), and incorrectly
23 addressed to Charlie Haase (who has nothing to do with the records requested), Edward E. Yates signed
24 a request to the County of Marin for certain records. The letter was communicated on the letterhead of
25 Edward E. Yates. In the letter, Mr. Yates referred to himself as ma.king the request, stating: ."I ask to
26 inspect and possibly obtain copies of the following records." Mr. Yates repeatedly referred to the
27 request as his own throughout the letter, with phrases such as "I also request" twice, "I ask for,'' "I ask
28 you," "I ask that," and "I intend to visit your office to inspect the records." Mr. Yates also wrote, "If I
2
CROSS-COMPLAINT OF COUNTY OF MARIN
I can provide any clarification that will help expedite your attention to my request at 415-990-4805 or
2 preferably, by email at - [email protected]. I would be happy to discuss my request with you ..
3 ."[emphasis added]. The request of Mr. Yates also contained an attachment entitled "Attachment to E
4 Yates PRA Request to Marin County- September 10, 2016."
5 6. In response, the attorney for the County of Marin, Stephen R. Raab, responded to the Public
6 Records Act request by Mr. Yates on September 22, 2017 and again on October 6, 2016. In those letters
7. to Mr. Yates, the County of Marin attorney referred to the Public Records Act request as belonging to
8 Mr. Yates.
9 7~ On December 5, 2016, Mr. Yates sent a subsequent letter, which the Petition/Complaint
I 0 characterizes as a second Public Records Act request. (Ex. 10 to Petition/Complaint) Once again, this
11 letter was mistakenly addressed and sent to Charlie Haase, who has nothing to do with maintaining the
12 records requested. The December 5, 2016 letter was not a new request, but was actually a follow-up
13 letter, specifically referring to the September 10 request of Mr. Yates. Mr. Yates again signed the letter
14 and wrote the letter on his own letterhead. Mr. Yates again stated it was "my Public Records Act.
15 request" in the December 5 letter. Mr. Yates demonstrated the request was his own, not Friends of West
16 Tam Valley, when he stated "I ask to inspect,'' "my September 10 requests," "attention to my request,"
17 and "I would be happy to discuss my request with you." The same attachm~nt calling the request the "E
18 Yates PRA Request to Marin.County" was included.
19 8. Edward E. Yates is the person who requested records of the County of Marin, not Friends of
20 West ~am Valley. Therefore, Mr. Yates should be the petitioner/plaintiff in the action filed March 15,
21 2017, not Friends of West Tam Valley.
22 9. In the letter of Mr. Yates of September 10, 2016, Mr. Yates stated that he was the person
23 asking for the records, but mentioned that his request was "on behalf of the Friends of West Tam
24 Valley." The purpose and eventual use of the records are not necessary to a California Public Records
25 Act request. What Mr. Yates intended to do with the records is immaterial, such as if he was referring to
26 himself as a member of Friends of West Tam Valley, or if he eventually would provide the records to
27 Friends of West Tam. Valley. However, from the context of the letter, Mr. Yates made clear the request
28 was his.
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CROSS-COMPLAINT OF COUNTY OF MAR1N
1 10. Should Mr. Yates maintain that he is not making the request for himself, but as an attorney
2 for Friends of West Tam Valley, then Mr. Yates repeatedly violated Rule of Professional Conduct 2-
3 100. That rule states: "While representing a client, a member shall not communicate directly or
4 indirectly about the subject of the representation with a party the member knows to be represented by
5 another lawyer in the matter, unless the member has the con5ent of the other lawyer."
6 11. The first and second communication from the County of Marin Mr. Yates received about his
7 request came from an attorney, Stephen R. Raab, for the County of Marin. Mr. Yates clearly knew Mr.
8 Raab was the attorney for the County of Marin, as Mr. Yates wrote an email to attorney Stephen R. Raa
9 stating "I would appreciate you reminding your clients that the PRA prohibits delay. (Ex. 7 to
10 Petition/Complaint) Yet Mr. Yates repeatedly communicated directly with County of Marin
11 employees, including Curtis Havel, Berenice Davidson, and Charlie Haase. If Mr. Yates was making
12 the Public Records Act request himself, such communications would be allowed, because Rule of
13 Professional Conduct 2-100 applies when the member is representing a client. But if Mr. Yates was
14 representing Friends of West Tam Valley as an attorney when engaging with County of Marin
15 employees, he was directly violating Rule of Professional Conduct 2-100 repeatedly. Such
16 communications were not authorized by any attorney for the County of Marin. The multiple
17 communications of Mr. Yates to different people also caused confusion within the County of Marin. Mr.
18 Yates repeatedly claimed clients of Marin attorneys were making statement to Mr. Yates, and the
19 attorneys for the County of Marin had no knowledge of those statements. The very purpose of the Rule
20 of Professional Conduct is to prohibit the exact actions of Mr. Yates. Ifhe was acting as an atto~ey, his
21 ethical violations were profound, and significantly impacted the County of Marin's ability to respond to
22 the Public Records Act request.
23 12. Many of the records the County of Marin maintained that were subject to Mr. Yates' Public
24 Record Act request were protected from copying by Health and Safety Code § 19851. Under this
25 statute, certain copyrighted records in the possession of a public entity can be physically inspected, but
26 cannot be copied, except in limited circumstances. Mr. Yates sought inspection of those copyright
27 protected records, and such records were made available for inspection. However, Mr. Yates, and his
28 agents, asked to have copies of those records. Under Health and Safety Code § 19851, the subject
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CROSS-COMPLAINT OF COUNTY OF MARIN
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records can only be copied in certain specified, limited circumstance. Copies of the copyright protected
records can only be obtained for the purpose of the maintenance, operation, and use of the building at
issue. Additionally, the records must be needed because other documents related to the building are
incomplete without the interpretation of the certified, licensed, or registered professional of record.
13. In a letter of December 16, 2016, Mr. Yates wrote to Berenice Davidson directly, without
permission of her attorney. In the letter, Mr. Yates signed a declaration, under penalty of perjury, that
the records were for the maintenance, operation, and use of the building at issue. This statement by Mr.
Yates was and is false. The records at issue are proposals for unbuilt structures only, not for any
existing buildings. There simply is not, and cannot be, any maintenance, operation, or use of a building
that does not exist, let alone all three. Mr. Yates claimed under penalty of perjury that the records were
for all three, the maintenance, operation, and use of a building that did not and does not exist.
14. Mr. Yates also falsely claimed, under penalty of perjury, that the records were needed for th
interpretation of other existing records, which again is false. No building exists as of yet, so the claim
cannot be true.
15. The declaration of Mr. Yates containing perjury. However, Health and Safety Code§ 19851
requires that the County of Marin provide the declaration to the owners of the records, as well as those
who hold the copyright of the records. The County of Marin provided this service to Mr. Yates, even
though the declaration contained perjury from Edward E. Yates. The owner of the plans, as well as one
holder of a copyright, denied consent to release any plans to Mr. Yates. This consent was not
umeasonably withheld, because Mr. Yates' claims in the declaration were false. H~wever, the County
of Marin expended services in order to contact the appropriate persons and prese!1t Mr. Yates' false
claims.
FIRST CAUSE OF ACTION
FALSE CLAIMS ACT
16. The County of Marin incorporates herein by reference all the allegations contained in
paragraphs 1through15, above.
17. This is a claim for treble damages and forfeitures under the California False Claiins Act, 28
California Government Code§§ 12650-12655.
5
CROSS-COMPLAINT OF COUNTY OF MARIN
18. Through acts described above, Cross-Defendant Edward E. Yates, and his agents, knowingl
2 presented and caused to be presented to officers and employees of the. County of Marin false or
3 fraudulent claims in order to obtain copies of copyright protected material and sought the County of
4 Marin to undertake services to obtain the copies of copyright protected material for Cross-Defendant
5 Edward ·E. Yates.
6 19. Through the acts described above, Cross-Defendant Edward E. Yates, and his agents,
7 knowingly made, used, or caused to be made or used a false record or statement that was material to a
8 false or fraudulent claim.
9 20. Through the acts described above, Cross-Defendant Edward E. Yates, and his agents,
10 conspired to commit a violation of the False Claims Act.
11 21. Through the acts described above, Cross-Defendant Edward E. Yates, and his agents, having
12 obtained services from the County of Marin to seek copies of copyright-protected material through the
13 schemC? set forth above, is the beneficiary of a submission of a false claim. Additionally, Cross-
14 Defendant Edward E. Yates and his agents knew or should have known the falsity of Mr. Yates claims,
15 and failed to disclose the false claim$ to the political subdivision within a reasonable time after
16 discovery of the false claim.
17 22. As a direct result of the Cross-Defendant Edward E. Yates' actions, the County of Marin has
18 been injured, and continues to be injured, in defending the false claims against the County of Marin.
19 SECOND CAUSE OF ACTION
20 DECLARATORY RELIEF
21 23. The County of Marin incorporates herein by reference all the allegations contained in
22 paragraphs I through 22, above.
23 24. An actual controversy has arisen and now exists between Cross-Complainant County of
24 Marin and Cross-Def~ndant Edward E. Yates regarding the rights, obligations and duties of each of
25 them. Cross-complainant alleges the damages, attorney's fees and costs, if any, suffered by the
26 purported Petitioner/Plaintiff Friends of West Tam Valley, as alleged within the Petition/Complaint,
27 were proximately caused by the conduct and/or liability of Cross-Defendant Edward E. Yates.
28
6
CROSS-COMPLAINT OF COUNTY OF MARIN
1 25. In the event the trier of fact determines that Petitioner/Plain tiff suffered damages, attorney's
2 fees and costs as a proximate result of any actions of Cross-Complainant County of Marin, then the
3 County of Marin is entitled to recover as indemnity, implied indemnity and/or comparative equitable
4 indemnity from Edward E Yates for that portion of the judgment in the underlying action that is
5 attributable to the County of Marin.
6 26. A judicial declaration is necessary to resolve the dispute set forth herein as no other adequat
7 remedy at law exists to provide a prompt, speedy and timely resolution thereof.
8 REQUEST FOR RELIEF
9 1. For general damages, in amount according to proof;
l 0 2. For special damages, in amount according to proof;
11 3. For prejudgment interest in an amount according to proof;
12 4. For injunctive, equitable, or statutory relief according to proof;
13 5. For reasonable attorney's fees and cost of suit;
14 6. For treble damages pursuant to statute for each violation of the False Claims Act;
15 7. For civil penalties against Edward E. Yates of $10,000 for each violation of the False Claims
16 Act;
17 8. For such other and further relief as the court may deem proper.
18
19 Dated this 30th day of June, 2017
20 BRIAN E. WASHINGTON COUNTY COUNSEL
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CROSS-COMPLAINT OF COUNTY OF MARIN
By: Stephen R. Raab
MARIN COUNTY SUPERIOR COURT 3501 Civic Center Drive
P .o: Box 4988 San Rafael, CA 94913-4988
(415) 444-7040
ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATIONAL NOTICE (California Rule of Court 3.221)
The plaintiff must seive a copy of this notrce with the complaint on all par:tfes to this case.
Alternative Dispute ResOlution (ADR) is a way of soMng legal disputes without going to trial. Using ADR may have a variety of benefits, depencfmg on the type of ADR process used and the ~nces of the particular case. ·
ADVANTAGES OF ADR
$aveTime A dispute often can be settled or decided much sooner with ADR; often In a matter of months, even weeks, while bringing a lawsuit to trial can take a year or more.
Save Money
When cases are resolved earlier through ADR, the parties may save some of the money they would have spent on attome~ fees, court costs, expe~' fees, and other litigation expenses.
Increase Control Over the Process and the Outcome tn ADR. parties typically play a greater role In shaping both the process and its outcome. In most ADR processes, parties have more opportunity to tell their side of the story than they do at trial. Some ADR processes, such as mediation, allow the parties to fashion creative resolutions that are not available In
· a trial Other ADR processes, such as arbitration, allow the parties to choose an expert In a particular field to deckle the dJspute.
Preserve Relationships . . ADR can be a less adversarial way to resolve a dispute. For example, an experienced mediator can help the parties effectively communicate their needs and point of view to the other side. This can be an important advantage where the parties have a relationship to preserve.
bcrease Satisfaction In a trial, there Is typically a wiMer and a loser. The loser is not Hkely to be happy, and even the winner may not be CM1pletely satisfied with the outcome. ADR can help the parties find win-win solutions and aehieve their 1'82.J goals. This. along with all of AOR's other potential advantages, may increase the parties' overaH satisfaction with both the dispute resolution process and the outcome.
. .
CVOOS (Rev. 719115) ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATIONAL NOTICE "Page1 cf2
DISADVANTAGES OFABR - ··
If the case is resolved using ADR, the parties forgo their right to a public trial and they do not receive a decision .by a judge or jury. If the case is not resolved using AOR and it proceeds to trial, the overall costs of the case may increase.
TYPESOFADR
Mediation
In mediation. an impartial person called a "mediator" helps the parties try to reach a mutually
1 acceptable resolution of the dispute. The mediator does not decide the dispute but helps the parties communicate so they can try to settle the dispute themselves. Mediation leaves' control of the outcome with the parties. ·
Settlement Conferences
· Settlement conferences may be either mandatory or voluntary.. In both types of settlement conferences, the parties and their attomeys meet with a judge or a neutral person called a "settlement officer1 to discuss possible settlement of their dikpute. The judge of seWement officer does not make a decision in the case but assists the parties in evaluating the strengths and weaknesses of the case and in negotiating a settlement SeWement conferences are appropriate in any case Where settlement is an option. Mandatory settlement conferences are often held dose to the date a case is set for trial ..
Arbitration
in arbitration, a neutral person called an "arbitrator" hears arguments and evidence from each side and then decides the outcome of the dispute. Arbitration is less fonnal than a trial, and the rules of evidence are often relaxed.. Arbitration may be either "binding~ or "nonblnding... Binding albitration means that the parties waive their right to a trial and agree to accept the arbitrator's decision as final. Generally, there is no right to appeal an arbitrator's decision. Nonblndlng arbitration means that the parties are free to request a trial if they do not accept the arbitrator's decision.
Neutral Evaluation In neutral evaluation, each party gets a chance to present the qase to a neutral person called an "evaluator ... The evaluator then gives an opinion on the strengths and weaknesses of each party's evidence and arguments and about how the dispute could be resolved. The evalµator.fs often an expert In the subject matter of the dispute.. Although the evaruator's opinion is not binding, the parties typically use it as a basis for trying to negotiate a resolution of the dispute.
LOCALADRPROGRAMS
Fer a Directory of· Mediators and Arbitrators or information about the Modest Means Mediation Program, contact the Marin County Bar Association (MCBA) by calling (415) 499-1314 or ematling [email protected]. Additional infonnatfon Is also available on the MCBA website: www.marlnbat;oro. . . STIPULATION TO USE ADR
If all parties in the action agree to participate in ADR,_ a stipulation to Use Alternative Dispute Resolution Process (CVD02) may be filed with the court This fonn Js available at www.marmcou..rtorg or in the Clerk's Office. · ·
Please note, you are ;equlred to complete and submit the Notice of Settlement of Entire Case (Judicial CouncR Foi'nJ ·cM-2001 within 1 o days of the resolution of your case.
cvoos (Rev. 719/15) ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATIONAL NOTICE Ppge2of2
PLAINTIFF(S)
MARIN COUNTY SUPERIOR COURT P.O. Box 4988
San Rafael, CA 94913-4988
0·lY1tl'"1 ax M.th.iM NOTICE OF CASE ASSIGNMENT NON FAST TRACK·
17_\ 11700963 CASENO. __ \J./_/1 \/ ____ ~---~--~
This case is hereby assigned for all purposes to Judge ____ P_'A_U_L_M_. _H_AA_K_E_N_s_o_N ___ .
Thi~ notice shall be served at the same ti~ the eom~iaint is served on all parties.
Distribution: Original - Court File; canary- Plaintiff Case Mgmt Hearing CV041 .~.'.-') n 7 ~·-I Rev. 612/15
at'f:OO A.M.
TELEPKONE NO.:
e.MA!lADORESS (Optioll,q:
ATTORNEY FOR(NamaJ:
FAX NO.(~
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREETAOORESS:
MA1UNG ACOR1:SS:
QTY ANDZIP COO&:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENOANTIRESPONDENT:
CASE MANAGEMENT STATEMENT CASENUM&ER:
(Check one): C:J UNLIMITED CASE CJ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or fess)
A CASE MANAGEMENT CONFERENCE is scheduled as fottows:
Date: Time: Oepl: Div.:
Address of court (if different from th9 addmss above):
t::J Notice of Intent to Appear by Telephone, by (name):
Room:
INSTRUCTIONS: All appUcable boxes must be checked. and the specified Information must be provided.
1. Party or parties (answer one):
a. CJ This statement is subl1Utted by party (name): b. CJ This statement is submitted JolntJy by parties (names):
2. Complaint and cross.complalnt (to be answered by plaintiffs and aoss-complalnsnts only) a. The complaint was filed on (date): b. c::J The aoss-<:amplainl. if any, was filed on (date):
3. Service (to be answered by plaintilfs and C10SS-complainants only}
CM-110
a. c:J All parties named In the compla!nt and cross-complaint have been S81Ved, have appeared, or have been dismissed. b. CJ The following parties named In the complaint or cross-complaint
(1) CJ have not been seived (spscify names and explain why not):
(2) CJ have been S81V8d but have not appeared and have not been dismissed (specify names):
(3) CJ have had a derautt entered against them (specify natmJS):
c. c::J The following addftlonat parties may be added (specify names. natum ol lnvolvemonl In c::ase, and date by which they may be BalWJd}:
4. Description of case a. Type of case in CJ complaint
CASE MANAGEMENT STATEMENT 1oll
CM .. 110 PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
4. b. Provide a brfef statement of the case, includl~ any damages. (If personal Injury damages 818 sought, specify the ln}ufY and damages claimed, Including medical expenses to dste [marcate source and amount}, esllmated future medical expenses, lost earnings to date, and estimated future lost eamlngs. H equitable relief Is sought descnba the nature of tho mlief.)
CJ (If more space is needed. check this box and attsr:h a page designated as Attachment 4b.)
5. Jany or nonjury trlal The party or parties request c:J a Juiy trial CJ a nonJury trial. {If more than one party, provid9 the name of each patty teqUest/ng 8 jury lrJaJ}:
6. Trial date a. c:J The trial has been set for (dale): b. c:J No trial date has been set. Thfs case wiU be ready tor trial within 12 mon1hs of the date of the filing of Iha complaint (d
not. explain):
c. Dates on which parties or attorneys wiU not be available for lrial (specify dates and explain reasons for unavallabilily}:
7. Estimated length of trtal The party or parties estimate that the trial wm take (dleck one): a. L:1 days {specify numbetj: b. CJ hours (short causes) (spsclfyJ:
8. Trial representaUon (to be answemd far each party) The party or parties will be represented at trial [=:J by the attorney or party Hsted fn the caplion D by the following; a. Attomey. b. F'mn: c. Address: d. Telephone number: f. Fax number: e. E-mail address: 0 Additional representation Is described in Attachment 8.
g. Party represented:
9. Preference c::J This ease is entilled to preference (specify code section):
10. Alternatlve dispute resolution (ADR)
a. ADR Information package .. Please note that dlfferont ADR processes are available In different courts and communities; read the ADR information package provided by the court under nde 3.221 for infonnatlon about the processes awlable lvoUgh lhe court and community programs in this case.
(1) For parties represented by counsel: Counsel CJ has c::J has not pn:Mded the ADR lnfannatfon package ldentmed in rule 3.221 to the client and reviewed ADR options with 1he client.
(2) For selkep19sented parties: Party CJ has c:::1 has not reviewed the ADR lnformatJon package Identified In role 3.221.
b. Referral to Judlclal arbitration or dvll action mediation (if avaflablu). (1) CJ This matter Is sublect to mandatory Judlctal arbitration under Code of CivU Procedure section 1141.11 or to civil action
medialion under Code of Civil Procedurv section 1775.3 because the amount In controversy does not exceed the statutory llmlL
(2) [:J Plaintiff eleds to refer 1hfs case IO judfelal arbitration and agrees 1D limit recovery to the amount ~d in Code Of Civil Procedure section 1141.11.
(3) c::J lhls case Is exempt from jud!clal arbitration under rule 3.811 of the Califomla Rules of Ccxutor flam dvll action mediation under Coda of CMJ Procedure seclfon 1ns et seq. (specify exemption}:
CASE MANAGEMENT STATEMENT Piigo:!ol'5
[ PLAINTIFF/PETITIONER:
~FENOANT/RESPONDENT:
CM·110 r-10. c. Indicate the ADR process or processes that the party or parties are willing to participate Int have agreed to participate in. or
have already participated in (check all that apply and provide the specified information}:
The party or parUes completing If the party or parties completing this fonn in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate tn the followfng AOR Indicate the status of Iha processes (attach a copy of the parties• ADR processes {check sU that apply): stipulation}:
CJ Medratfon session not yet scheduled
(1) Mediation CJ CJ Mediation session scheduled for (date):
CJ Agreed ta complete mediation by (date):
CJ Mediation compfeted on (dais):
CJ Settlement QOnference not yet scheduled
(2) Settlement CJ C:J Set8ement conference scheduled for (dais): confemnce c::J Agreed to complete setdement conference by (dato):
CJ Settlement conference ccmpleted on (date):
CJ Neutral evafuatfon not yet scheduled
(3) Neutral evaluaUon CJ CJ Neutral evaluation scheduled for (dale):
c:J Agreed to complete neutral evaluation by (date):
CJ Neutral evatuauon completed on (date):
CJ JudlciaJ Blbltrdon not yet scheduled
(4) Nonbtnding judicial CJ Cl Judicial arbitration schedufed for (date):
arbitration c:::J Agreed to complete judldal atbttration by (dale):
CJ Judicial art>ltratlan completed on (dale):
c::J Private atbltration not yet sd1eduled
(5) Binding private CJ c:J Private arbitration scheduled for (dale):
mbltratlon Cl Agreed to complete private arbitration by (date):
CJ Private arbi1raHon completed on {date):
CJ ADR session not yet scheduled
CJ CJ ADR seasfon scheduled for (date): (6) Other (speciTy):
C:J Agreed to comptete ADR session by (dale~-
CJ ADR compJe1ed on (date):
~no pw,. JiAr 1. 20111 CASE MANAGEMENT STATEMENT
Pago3ofD
[ -----~-1-NTt_F~-ETJTI-O-NE~-·~~~~~~~~-J-l~_eNUMB~eR~~~~]-~EFENDANT/RESPONOENT: _ _
11. Insurance a. CJ Insurance caniet. If any. for party fifing this statement (name): b. Reservation of rights: D Yes c:::J No c. t::J Coverage Issues wlll Sfgnificandy affect resolution of this case (explain):
12. Jurisdiction Indicate any matters that may effect the court'& Jurisdiction or processing of lhls case and describe lhe status. CJ Bankruptcy CJ Olhet (specify):
Status:
13. Related casea, consolldatlon, and coordJnalJon a. 1:=J There are companjon, underlying, or related cases.
(1) Name of case: (2) Name of court: (3) Case number: (4) Status:
c:J Additional cases are described ln Attachment 13a.
ll. CJ A moUon to CJ consolidate CJ cocnfinate will be filed by (name party}:
14. Bifurcation CJ The party or parties Intend to file a motion for an order blfUfcaUng, severing. or coordinating the following Issues or cm.ses of
action (specify moving party, typ& of mollon, and teWJ11s):
15. Othor motions
CJ The party or parties expect to file the roaow:rig motions before trlal (specify moving patty. type of motion, and Issues):
16. Discovery a. c:::J The party 01 parties have completed all discovery. b. c::J Tl1e following discovery wfR be completed by the date specified (descnbs aH anticipated dlscovory):
fm1X Desqiption ~
c. CJ The foBowlng discovery issues, including isSues regarding the dJscovery of e!edronlcaDy stored information. ara anlidpated (spedfyJ:
CM-110 (Rev.~ 1, 20'11 CASIE MANAGEMENT STATEMENT
I- PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
17. Economic lltlgaHon
a. c:J This is a Umited civil case f1.e.. the amount demanded Is $25,000 or less) and the economic litigation procedures fn Cede of Civil Procedure sections 90-98 wilt apply to this case.
b. CJ ThJs is a Emited dYl1 case and a motion to wfthdraw the case fi"om the economic lifigalfon procedures or fer additional discovery will be filed (d checked, explain specificatty why economic litigatkm procedures telatlng lo discovery or Ilia/ should not apply to this case}:
18. Other issues
r:=i The parfy' or parties request that the following additional matters ba considered or determined at the case management conference (specify):
19. Meet and confer a. CJ The party or parties have met and conferred with au parties on aD subjeds required by rule 3.724 of the CtSfomla RuleS
of Court (if not. explain):
b. After meeting and conferring as required by rute 3.724 of the Califomfa Rules of Court. the parties agree on the following (speclfyJ:
20. Totat number of pages attached (if any): __ _
I am completely tammar with this case and will be fully prepared to discuss the status of discovery and attemative cfispule resotutlon, as well a other tssues rafsed by this statement. and wfll po558SS the auttiority to enter Into sUpulatfons on these Issues at the time of the case management c:onference. indudlng the written authority of the party where requfted.
Dale:
(TYPE OR PRINT NAME)
CM-UO{Rev . .J44' ,, 2011)
(S!GHAT\IRE or; PARTY OR ATIORtm'll
(SIGNATUAECFPARTYORATia;NS~
D Additional sfgnatures are attached.
CASE MANAGEMENT STATEMENT PcaelcflJ
CM-200 ATIORNEY OR PARTYVtmtOUT ATTORNEY (Nr:ma. Stale Bw~ber. and .at*lftl1.1): FOR COURrllSE ONl V -
TEl.EPHONE NO.: F/11:1.HO.~
E-t.wl.ADOAESS ~: ATTORNEY FOR (Nano):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS:
MAIUHG ADDRESS:
CITY AND ZlP COOS: BRANCH NAME:
Pl.AlNTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBEA:
NOTICE OF SETILEMENT or ENTIRE CASE JUDGE:
DEPT.:
NOTICE TO PLAINTIFF OR OTHER PARTY SEEKING RELIEF You must file a request for dismissal of ihe entire case within 45 days after the date of the settlement if the settlement ls unconditional, You nwst fiJa a dismissal of the entire case within 45 days after the date specified In Item 1b below If the setUement is conditional. Unless you file a dismissal within the required time or have shown good cause before the time for dismissal has expired why lhe case should not be <fismlssed, the court will dismiss the entire case.
To the court. all parties, and any arbitrator or other court..connected ADR neutral Involved In this case:
1. This entire case has been settled. The settlement Is: a. c:J Unconditional. A request for dismissal wHI be filed wHhin 45 days after lhe date of the settlemenL
Date of settlement b. [=:J Condlllonal. The settlement agreement conditions dlsmlssal of this matter on the satisfactory complation of
spec:ffied tenns that am not to be performed within 45 days of lhe date of the seWement. A request for dismissal wlU be ft1ed no later than (date):
2. Date fnJtial pleading filed:
: 3. Next scheduled hearing or conference: a. Purpose: b. Cl (1) Date:
(2) Tfme: (3) Department
4. Trial date:
a. Cl No lrlal date set.
b. CJ (1} Date:
(2) lime:
(3) Department
I declarv under penalty of perjury under the laws of the State of Callfomia that the foregoJng Is true and cormct.
Date:
NOTICE OF SETILEMENT OF ENTIRE CASE ton
PLAINTIFF/PETITIONER:
OEFENOANT/RESPONOENT: ... •.
PROOF OF SERVICE BY ftMT .CLASS MAIL NOTICE OF SETTLEMENT OF ENTIRE CASE
CM-200 CASE NUMBER:
(NOTE: You cannot S81Ye lhe Notice of Settlemer:t of Entire Case If you are a patty In lhe action. 11le petSon who served the notice must complete this proof of service.}
1. I am at least 18 years old and not a party to this action. I am a resident of or employed in the county where the mctillng took place, and my residence or business address Is (specify):
2. I seived a copy of Ute Notice of Settlement of Entire case by enclostng ll Jn a seated envelope with postage fuRy prepaid and (check one): a. c:J deposited the sealed envelope with the United states Postal Service. b. D placed the sealed envelope for collection and processlng for mai1Ing. foUowJng this business's usual practices,
with which I am readily familiar. On the same day correspondence is pJaced for colfectron and maUing. it is deposited In the Otdlnmy coursa of business with the United States Postal Servlce.
3. The Notice of Seltlement of EnUm Case was malled:
a. on (date):
b. from (cily and state):
4. The envelope was addressed and malled as folows:
a. Name of person served:
Street address:
City:
State and zJp code:
b. Name of person served:
Street address: City: Stale and zip code:
c. Name of person served:
Street address:
City:
State and ztp cods:
d. Name of peison served:
Slraet address:
City:
State and zip code:
D Names and addresses of addltfonal persons served are attached. (You may use fom1 POs.o30{P).J
5. Number of pages attached __ •
I declare under penalty of perjury under the Jaws of the Stale of cartfomla that the foregoing Is true and correct
Date:
<SGHATUREOF DE~
CM-200 (ffev. Janu:ay 1. 2007J NOTICE OF SETTLEMENT OF ENTIRE CASE
