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  • RANGEL  ET AL VS DENALUZA06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • RANGEL  ET AL VS DENALUZA06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • RANGEL  ET AL VS DENALUZA06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • RANGEL  ET AL VS DENALUZA06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • RANGEL  ET AL VS DENALUZA06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • RANGEL  ET AL VS DENALUZA06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • RANGEL  ET AL VS DENALUZA06-CV Breach of Contract/Warranty-Civil Unlimited document preview
  • RANGEL  ET AL VS DENALUZA06-CV Breach of Contract/Warranty-Civil Unlimited document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY nome: DIXON G. KUMMER SBN:125960 FirMName: DIXON G. KUMMER, ATTORNEY AT LAW street appress: 2031 F STREET cm: BAKERSFIELD stare: CA zipcone: 93301 TeLEPHONENO: (6611) 324-2700 raxno: (661) 324-2790 ewaanpress: Legal @kummerlaw.net ATTORNEY FOR (name): Defendants, Alejandro Penaloza and Eonice Penaloza SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern ‘STREET ADDRESS: 1215 Truxtun Ave. MAILING ADDRESS: 1215 Truxtun Ave. CITY AND ZIP CODE: Bakersfield, CA 93301 BRANCH NAME: Justice Building PLAINTIFF/PETITIONER: FRANCISCO RANGEL, an individual; SYLVIA RUS an individual; and Francisco Rangel Jr. DEFENDANT/RESPONDENT: Alejandro Denaluza; Alejandro Penaloza; Eonice Penaloza CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): [QQ UNLIMITED CASE (J Limitep CASE bev~-23-101818 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 5/16/24 Time: 8:30 a.m. Dept.: od Div.: Room: Address of court (if different from the address above): C) Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a [XJ This statement is submitted by party (name): Defendants, Alejandro Penaloza and Eonice Penaloza b. [L} This statement is submitted jointly by parties (names): Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): b, [L] The cross-complaint, if any, was filed on (date): Service (fo be answered by plaintiffs and cross-complainants only) a [.) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. (2) The following parties named in the complaint or cross-complaint (1) CC) have not been served (specify names and explain why not): (2) [CY have been served but have not appeared and have not been dismissed (specify names): (3) [2] have had a default entered against them (specify names): ©. (-] The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): Description of case a (CQ) complaint Type of case in [} cross-complaint (Describe, including causes of action): Negligent Maintenance of Premises; Breach of Warranty of Habitability; Nuisance; Intentional Infliction of Emotional Distress Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cel, Rules of Court, WECEB | Essential rules 3.720-3.730 CM-110 [Rev. January 1, 20 ceb.com | Forms: www.courts.ca.gov 02217 - ALEJANDRO PENALOZA CM-110 PLAINTIFF/PETITIONER: FRANCISCO RANGEL, an individual; SYLVIA RUS ‘CASE NUMBER: an individual; and Francisco Rangel Jr. bev-23-101818 DEFENDANT/RESPONDENT: Alejandro Denaluza; Alejandro Fenaloza; Eonice Penaloza 4. b. Provide a brief statement of the case, including any damages. (if personal injury damages are sought, specify the injury and damages claimed, inciuding medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges the premises rented were not habitable. Defendant denies the allegations. LL) (if more space is needed, check this box and attach a page designated asa Attachment 4b.) 5. Jury or nonjury trial The party or parties request CD a jury trial CQ) a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial). 6. Trial date a (L] 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). Estimated length of trial The pany or parties estimate that the trial will take (check one) a. days (specify number): b. 4 hours (short causes) (specify): Trial representation (fo be answered for each party) The party or parties will be represented at trial (&) by the attorney or party listed in the caption [2} by the following: a. Attorney’ b. Firm: ¢. Address: d. Telephone number: f. Fax number: Email address: g. Party represented: oO Additional representation is described in Attachment 8. Preference (2 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has (2) has not 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 CJ has [J has not reviewed the ADR information package identified in rule 3.221 Referral to judicial arbitration or civil action mediation (if available). (1) CL) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) (L) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11 (3) [LJ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption). CM-110 Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 20fS MECEB| Essential ceb.cam | }Forms 02217 - ALEJANDRO PENALOZA CM-110 PLAINTIFF/PETITIONER: FRANCISCO RANGEL, an individual; SYLVIA RUS CASE NUMBER: an individual; and Francisco Rangel Jr. bev-23-101818 DEFENDANT/RESPONDENT: Alejandro Denaluza; Alejandro Penaloza; Eonice Penaloza 10. ¢. In the table below, 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 aif that apply and provide the specified information): The party or parties completing If 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 (aifach a copy of the parties' ADR processes (check ali that apply): Stipulation): (J Mediation session not yet scheduled (L] Mediation session scheduled for (date): (1) Mediation (Cy Agreed to complete mediation by (date): (2) Mediation completed on (date): [&) Settlement conference not yet scheduled (2) Settlement (CD Settlement conference scheduled for (date): conference (] Agreed to complete settlement conference by (date): (J Settlement conference completed on (date): () Neutral evaluation not yet scheduled (2) Neutral evaluation scheduled for (date): (3) Neutral evaiuation () Agreed to complete neutral evaluation by (date). C) Neutral evaiuation completed on (date): (C) Judicial arbitration not yet scheduled (4) Nonbinding judicial (C) Judicial arbitration scheduied for (date). arbitration (2) Agreed to complete judicial arbitration by (date). (C) Judicial arbitration completed on (date): (_] Private arbitration not yet scheduled (5) Binding private {CJ Private arbitration scheduled for (date): arbitration {L] Agreed to complete private arbitration by (date): (-) Private arbitration completed on (date): [1 ADR session not yet scheduled (6) Other (specify): [LJ ADR session scheduled for (date): (CC) Agreed to complete ADR session by (date): LL] ADR completed on (date): M-110 fRev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 3 of 5 MECE®S | Escential ceb.com | [2|Forms- 02217 - ALEJANDRO PENALOZA CM-110 PLAINTIFF/PETITIONER: FRANCTSCO RANGEL, an individual; SYLVIA RUSH CASE NUMBER: an individual; and Francisco Rangel Jr. bev-23-101818 DEFENDANT/RESPONDENT: Alejandro Denaluza; Alejandro Penaloza; Eonice Penaloza 11. Insurance a [L) Insurance carrier, if any, for party filing this statement (name): b Reservation of rights: C) Yes No c. C) 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 the status. (2) Bankruptcy CY Other (specify): Siatus: 13. Related cases, consolidation, and coordination a (J There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [) Additional cases are described in Attachment 13a. b. [.) A motion to [) consolidate (2) coordinate will be filed by (name party): 14. Bifurcation (] The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of 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): Typical pre-trial motions. 16. Discovery a. CC) The party or parties have completed all discovery. b. [ The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants written discovery per code Defendants depositions per code Defendants expert witness discovery per code c. (2) The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): M110 fev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 4 of 5 MCEB)| Essential ceb.com! [jFormse 92217 - ALEJANDRO PRNALOZA CM-110 PLAINTIFF/PETITIONER: FRANCISCO RANGEL, an individual; SYLVIA RUS CASE NUMBER: an individual; and Francisco Rangel Jr. bev-23-101818 DEFENDANT/RESPONDENT: Alejandro Denaluza; Alejandro Penaloza; Eonice Penaloza 17. Economic litigation a (CJ This is a limited civil case (i.e., the amount demanded is $36,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. (2) 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 discovery or trial should not apply fo 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. (CJ 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): oO. 1am 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 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 pai where requil Date: April 30, 2024 Dixon G,. Kummer Dk (TYPE OR PRINT NAME} > oe to PARTY OR ATTORNEY) (TYPE OR PRINT NAME} {SIGNATURE OF PARTY OR ATTORNEY) CC) Additiona! signatures are attached. (CM-110 fRev. January 1, 2024) CASE MANAGEMENT STATEMENT Page 5 of 5 WACEB | Eccential ceb.com | Forms” 02217 - ALEJANDRO PENALOZA PROOF OF SERVICE (C.C.P. §1013a, 2015.5) Jam employed in the County of Kern, State of California. I am over the age of 18 and not a party to the within action; my business address is 2031 F Street, Bakersfield, CA 93301. On May | , 2024, I served the foregoing document entitled CASE MANAGEMENT STATEMENT on interested parties in this action By placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list. x By placing_ The original, X___ A true copy thereof, enclosed in sealed envelopes addressed as follows: Kirt J. Peterson, Esq. Nielsen, Peterson & Nielsen, LLP 4015 Mission Oaks Blvd., Ste. B Camarillo, CA 93012 10 x AL BY MAIL 11 I deposited such envelope in the mail at Bakersfield, California, with postage 12 thereon fully prepaid. 13 Iam “readily familiar™ with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the 14 US. Postal Service on that same day with postage thereon fully prepaid at Bakersfield, California in the ordinary course of business. The above sealed 15 envelopes were placed for collection and mailing on the above date following ordinary business practice. 16 BY EXPRESS MAIL 17 I deposited such envelopes in a facility regularly maintained by the U.S. Postal Service 18 for receipt of Express Mail, as specified in C.C.P. §W13(c), with Express Mail postage prepaid. 19 — BY PERSONAL SERVICE 20 I caused such envelope to be hand delivered to the office(s) of the addressee(s). 21 I declare under penalty of perjury under the laws of the State of California that the above 22 is true and correct. 23 Executed on May L 2024, at Bakersfield, California. 24 25 26 Seuthch Name: Lori Hutton 27 28