Motion for Case Management in Sicilia Mendoza vs Fresh Venture Foods LLC et al| Trellis.Law

On September 07, 2018 a Party Statement was filed involving a dispute between Mendoza, Sicilia, and Central City Labor, Fresh Venture Foods Llc, Garcia Sandoval, Marisol, for Unlimited Wrongful Termination (36) in the District Court of Santa Barbara County.

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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

Stan S. Mallison (SBN 184191); Hector R. Martinez (SBN 206336);
Natalia Ramirez Lee (SBN (322017) ELECTRONICALLY
ELECTRON'CALLY FILED
FILED
Mallison & Martinez, 1939 Harrison Street, Ste. 730, Oakland, CA 94612
Superior
SUF’er'Or Court of Of California
cal'fom'a
County
COU my of Of Santa
83 me Barbara
Barbara.
TELEPHONE N0.: (510)832-9999 832-1 101
FAX NO. (Oplional): (510) .

mmuouness (0pm,): allstaff@th emml awfirm. com Darrel E. Parker, Executive Officer
E. Ofﬁce
monumoamam Plaintiff Sicilia Mendoza 2/26/2020
2/25/2020 5:39
5239 PM
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Barbara By:
3/3Lorena Morrison,
MOWISO“. Deputy
STREET ADDRESS: 312-0 East Cook Street
MAILING ADDRESS:

cm'mu ZIP cone: santa Maria, CA 93456
BRANCH NAME: Unlimited
PLAINTIFF/PETITIONER: Sicilia Mendoza
DEFENDANT/RESPONDENT: Fresh Venture Foods, LLC et al.
CASE NUMBER=
CASE MANAGEMENT STATEMENT
(Check one): UNLIMITED CASE [:1 LIMITED CASE 180vo4448
(Amount demanded (Amount demanded is $25.000
exceeds $25,000) or less)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 16, 2020 Time: 8:30 AM Dept: SM-2 Div.: Cook Room:
Address of couﬂ (if different from the address above):

Notice of Intent to Appear by Telephone. by (name): Natalia Ramirez Lee; Stan Mallison

INSTRUCTIONS: All applicable boxes must be checked, and the speciﬁed information must be provided.
1. Party or parties (answer one):
a.
b. I: This statement is submitted by party (name): Plaintiff Sicilia Mendoza
This statement is submitted jointly by parties (names):

2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a.
b. I:
The complaint was ﬁled on (date): 09/07/2018
The cross-complaint. if any, was ﬁled on (date):

3. Service (to be answered by plaintiffs and cross-complainants only)
or have been dismissed.
a.
b. I: All parties named in the complaint and cross-complaint have been served, have appeared,

I:
The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):

(2) CI have been served but have not appeared and have not been dismissed (specify names):

(3) :1 have had a default entered against them (specify games):

c. I: 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 cat:
a. Type Of case I" I: complaint [:1 cross-complaint (Describe, including causes of action):

Page1o! 5
Form Ado ted f Cal. Rules of Conn.
M d I Use
JudldaIpCcunirtl Janiﬂgmla
CAS E MANAGEM ENT STATEM ENT rules 1720-1730
CM-110 [Rem July 1. 2011] www.courfs.ca.gav
CM-110
PLAINTIFF/PETITIONER: Sicilia Mendoza
WWW“
__
180v04448
DEFENDANT/RESPONDENT: Fresh Venture Foods, LLC et al.

4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date ﬁndicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings.If equitable relief is sought, describe the nature of the relief.)
Plaintiff Sicilia Mendoza was subjected to sexual harassment at the hands of her supervisor, Javier Bravo.
Plaintiff repeatedly reported the harassment to Defendants and they failed to take corrective action. Plaintiff was
constructively terminated from her employment with Defendants. Now. Plaintiffseeks damages as a result of the
wrongful termination.

5.
I: (If more space Is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request a jury trial1:] a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):

6. Trial date
a. [:1 The trial has been set for (date):
b. [I] 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: 6/8/20-6/12/20; 6/22/20-6/30/20; 6/29/20-7/13/20; 7/27/20—8/4/20; 8/3/20-8/14/20; 8/24/20-8/28/20;
9/14/20-9/22/20; 9/21/20; 10/26/20-12/4/20; 1 0/13/20-1 0/26/20; 1 1/9/20; 1 1/13/20-1 1/20/20
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. IZI days (specify number): 10 days
b. E! hours (short causes) (specify):

8. Trial representation (to be answered for each party)
II]
The party or parties will be represented at trial by the attorney or party listed in the caption|:I by the following:
a. Aﬂomey:
b Firm:
0 Address:
d. Telephone number: f. Fax number:
9 E-mail address: 9. Party represented:
|:I Additional representation is described in Attachment 8.
9.

10.
:|
Preference
This case is entitled to preference (specify code section):
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 El has not provided the ADR information package identiﬁed
in rule 3.221to the client and reviewed ADR options with the client.

b.
(2) For self-represented parties: PartyI: has C] has not reviewed the ADR information package identiﬁed in rule 3.2214
Referral tojudicial arbitration or civil actlon mediation (if available).
(1) I1] This matter is sub'ect to mandatoryjudicial arbitration under Code of Civil Procedure 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
statutory limit.

(2) E] 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) 1:! of the California Rules of Courtor from civil action
This case is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):

CM” 1m MW"! CASE MANAGEMENT STATEMENT
WW5
CM-110
CASE NUMBER-
_ PLAINTIFF/PETITIONER: Sicilia Mendoza
1BCV04448
DEFENDANT/RESPONDENT: Fresh Venture Foods, LLC et al.

10. 0. 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 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 (attach a copy of the parties’ADR
processes (check all that apply): stipulation):

Mediation session not yet scheduled

(1) Mediation III EDDD
Mediation session scheduled for (date):

Agreed to complete mediation by (date):

Mediation completed on (date): 08/01/2019

Settlement conference not yet scheduled

Settlement conference scheduled for (date):
(2) Settlement
DUDE
conference
Agreed to complete settlement conference by (date):

Settlement conference completed on (date):

Neutral evaluation not yet scheduled

Neutral evaluation scheduled for (date):
HEIDI]
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):

Neutral evaluation completed on (date):

Judicial arbitration not yet scheduled

Judicial arbitration scheduled for (date):
(4) Nonbinding judlcial HEIDI]
arbitration Agreed to complete judicial arbitration by (date):

Judicial arbitration completed on (date):

Private arbitration not yet scheduled

DUDE] Private arbitration scheduled for (date):
(5) Binding private
arbitration Agreed to complete private arbitration by (date):

Private arbitration completed on (date):

ADR session not yet scheduled

ADR session scheduled for (date):
(6) Other (specify): DUDE
Agreed to complete ADR session by (date):

ADR completed on (date):

CM-110 [Ram July 1. 2011] Page 3 o! 5
CASE MANAGEMENT STATEMENT
CMﬁJﬂ
CASE NUMBER:
PLAINTIFF/PETITIONER: Sicilia Mendoza
180V04448
DEFENDANT/RESPONDENT: Fresh Venture Foods, LLC et al.

11. Insurance
a.
b.
l:] Insurance carrier. if any. for party ﬁling this statement (name):
Reservation of rights: :1 Yes 1:: No
c. C] Coverage issues will signiﬁcantly affect resolution of this case (explain):

12. Jurisdiction

Status:
Bankruptcy I:
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
|:] Other (specify):

13. Related cases. consolidation. and coordination
a. Ill There are companion. undertying, or related cases.
(1) Name of case: Juan Navas et, al. vs. Fresh Venture Foods. LLC et, al.
(2) Name of court: Santa Barbara Superior Court
(3) Case number: 17CV02222
(4) StatustParties participated in mediation on 08/01/19, case did not settle
I:l Additional cases are described In Attachment 133.
b. I: A motion to [:1 consolidate [:1 coordinae will be ﬁled by (name party):

14.Bifurcation
:1 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):

Other motions
15.
I: The party or parties expect to ﬁle the following motions before trial (specify moving party, type of motion, and issues):

16.
a.
b.
I:
Discovery
The party or parties have completed all discovery.
The following discovery will be completed by the date speciﬁed (describe all anticipated discovery):
Pam Dgscrigtion Date

Plaintiff Form and Special lnterrogatories By Discovery Cutoff
Plaintiff Request for Document Production By Discovery Cutoff
Plaintiff Deposition By Discovery Cutoff

c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):

Pm 4°15
CM~110 [Rem JuIy 1. 2011]
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Sicilia Mendoza
1BCV04448
EEFENDANT/RESPONDENT: Fresh Venture Foods, LLC et al.

17. Economic litigation
a. [:1 This is a limited civil case (i.e.. the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections90-98 will apply to this case.
b. I:I 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 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):
Parties will advise the court as to whether the parties intend to engage in a second mediation or whether the
pending stay will be lifted.

19. Meet 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 (if any): 0

I 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 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 pany where required.

Date: February 26,

Stan Mallison
2020

(TYPE OR PRINT NAME)

«we on PRINT NAME)
’
)
.W (SIGNATURE OF PARTY OR ATTORNEY)

(SIGNATURE or mm on ATI'ORNEY)

|:| Additional signatures are attached.

CM-"O IRW- My 2°"!
1.
CASE MANAGEMENT STATEMENT W5 "5

Case Info

Judge

Rigali, James F Track Judge’s New Case

Case No.

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Document Filed Date

February 26, 2020

Case Filing Date

September 07, 2018

County

Parties

Central City Labor Defendant
Daly, Brian T Attorney for the Defendant
Fresh Venture Foods LLC Defendant
Garcia Sandoval, Marisol Defendant
Martinez, Hector R Attorney for the Plaintiff
Mendoza, Sicilia Plaintiff
Mendoza, Tania Attorney for the Plaintiff
Stoll, Charley M Attorney for the Defendant
Rafael Gonzalez Attorneys for Defendants
Stanley Mallison Attorneys for Plaintiffs
Heather Hamilton Attorneys for Plaintiffs
Gonzalo Quezada Attorneys for Plaintiffs
Natalia Ramirez Lee Attorneys for Plaintiffs
Staci Schoff Attorneys for Plaintiffs
David Gomez Attorney

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Party Statement: Sicilia Mendoza vs Fresh Venture Foods LLC et al

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Case Info

Parties