HomeMy WebLinkAbout21CV-0734 - Case Management Statement Filed (1)Form Adopted for Mandatory Use
Judicial Council of California
CM-110 [Rev. September 1, 2021]
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
www.courts.ca.gov
CM-110
FOR COURT USE ONLY
CASE NUMBER:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:FAX NO. (Optional):
E-MAIL ADDRESS:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE MANAGEMENT STATEMENT
Check one):UNLIMITED CASE
Amount demanded
exceeds $25,000)
LIMITED CASE
Amount demanded is $25,000
or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:Time:Dept.:Div.:Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1.Party or parties (answer one):
a.This statement is submitted by party (name):
b.This statement is submitted jointly by parties (names):
2.Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b.The cross-complaint, if any, was filed on (date):
3.Service (to 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.The following parties named in the complaint or cross-complaint
1)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):
3)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 of case in complaint cross-complaint (Describe, including causes of action):
Page 1 of 5
21CV-0734
John Armstrong,Bar No.183912
Armstrong Law Group
23232 Peralta Drive, Suite 102
Laguna Hills, CA 92653
949-942-6069
john@armstronglaw.group
NHC SLO,LLC
SAN LUIS OBISPO
1050 Monterey Street
1035 Palm Stree
SAN LUIS OBISPO,93408
Civil &Family Law Branch
NHC SLO,LLC
CITY OF SAN LUIS OBISPO
May 16,2022 9:00 a.m.2
John Armstrong
NHC SLO, LLC
12-23-2022
Petion for administrative mandamus to reinstate revoked cannabis license
ELECTRONICALLY
FILED
4/29/2022 10:32 PM
CM-110 [Rev. September 1, 2021]CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
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 [indicate 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.)
If more space is needed, check this box and attach a page designated as Attachment 4b.)
5.Jury or nonjury trial
The party or parties request a jury triaI a nonjury trial. (If 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):
7.Estimated length of trial
The party or parties estimate that the trial will take (check one):
a.days (specify number):
b.hours (short causes)(specify):
8.Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a.Attorney:
b. Firm:
c. Address:
d.Telephone number:
e.E-mail address:
f.Fax number:
g.Party represented:
Additional representation is described in Attachment 8.
9.Preference
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 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 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 to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code 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 recovery to the amount specified in Code of
Civil Procedure section 1141.11.
3)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):
Page 2 of 5
NHC SLO, LLC
CITY OF SAN LUIS OBISPO 21CV-0734
The City of San Luis Obispo issued Petitioner cannabis licenses,and confirmed these licenses with the State of California's
Department of Cannabis Control. Years and later and shortly before Petitioner was ready to open for business, the City revoked
Petitioner's permits without a hearing, citing an omission regarding tax issues related to Helios Dayspring who has not been a
member of Petitioner for over a year. The City's Ordinance does not expressly authorize revocation for application errors.
1-2
CM-110 [Rev. September 1, 2021]CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
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
this form are willing to
participate in the following ADR
processes (check all that apply):
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties' ADR
stipulation):
1) Mediation
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by(date):
Mediation completed on (date):
2) Settlement
conference
Settlement conference not yet scheduled
Settlement conference scheduled for(date):
Agreed to complete settlement conference by(date):
Settlement conference completed on(date):
3) Neutral evaluation
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
4) Nonbinding judicial
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
5) Binding private
arbitration
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
6) Other (specify):
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
Page 3 of 5
NHC SLO, LLC
CITY OF SAN LUIS OBISPO 21CV-0734
CM-110 [Rev. September 1, 2021]CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
11.Insurance
a.Insurance carrier, if any, for party filing this statement (name):
b.Reservation of rights:Yes No
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.
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 described in Attachment 13a.
b.A motion to consolidate coordinate wiII 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):
16.Discovery
a.The party or parties have completed all discovery.
b.The following discovery will be completed by the date specified (describe all anticipated discovery):
Description Date
c.The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page 4 of 5
Party
NHC SLO, LLC
CITY OF SAN LUIS OBISPO 21CV-0734
NHC SLO,LLC vs Superior COurt
California Supreme Court
S27405
Records from Second District Court of Appeal requested by Supreme Court 4-14-2022
Respondent is preparing the administrative record.There was no formal hearing regarding revocation but there were informal
meetings that may have been recorded.
CM-110 [Rev. September 1, 2021]CASE MANAGEMENT STATEMENT Page 5 of 5
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
17.Economic litigation
a.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 sections 90-98 will apply to this case.
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 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):
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):
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 party where required.
Date:
TYPE OR PRINT NAME)(SIGNATURE OF PARTY OR ATTORNEY)
TYPE OR PRINT NAME)(SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
NHC SLO, LLC
CITY OF SAN LUIS OBISPO 21CV-0734
April 29,2022
John Armstrong