HomeMy WebLinkAbout21CV-0734 - NHC CMSpdfAmerican LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
Page 1 of 5
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
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USEONLYJeffreyV. Dunn (SBN: 131926) Daniel L. Richards (SBN: 315552)
BEST BEST & KRIEGER LLP
18101 Von Karman Avenue, Suite 1000
Irvine, CA 92612
TELEPHONE NO.: (949) 263-2600 FAX NO. (Optional): (949) 260-0972
E-MAIL ADDRESS: jeffrey.dunn@bbklaw.com; daniel.richards@bbklaw.com
ATTORNEY FOR (Name): Defendants
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO
STREET ADDRESS: 1050 Monterey Street
MAILING ADDRESS: 1035 Palm Street
CITY AND ZIP CODE: San Luis Obispo, CA 93408
BRANCH NAME: Civil & Family Law Branch
PLAINTIFF/PETITIONER: NHC SLO, LLC
DEFENDANT/RESPONDENT: City of San Luis Obispo et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
21CV-0734 (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: May 16, 2022 Time: 9:00 a.m. Dept.: D2 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Daniel L. Richards
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): City of San Luis Obispo; City Council of City of San Luis Obispo
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): Petition for Writ
of Mandate and for Declaratory relief, challenging automatic disqualification of Petitioner
ELECTRONICALLY
FILED
4/29/2022 5:14 PM
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
PLAINTIFF/PETITIONER: NHC SLO, LLC CASE NUMBER:
21CV-0734DEFENDANT/RESPONDENT: City of San Luis Obispo 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 [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.)
Petitioner contends the City's automatic disqualification of Petitioner from the City's Commercial Cannabis
Permitting process on the basis of multiple misrepresentations and omissions made by Petitioner's owner and
primary principle was unlawful and an abuse of discretion. Petitioner does not seek damages. Petitioner seeks a
writ of mandate compelling the City to issue it a commercial cannabis permit.
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): 1
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: f. Fax number:
e. E-mail address: 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):
Cal. R. Ct. rule 3.811(b)(1) (includes a prayer for equitable relief that is substantial)
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5
PLAINTIFF/PETITIONER: NHC SLO, LLC CASE NUMBER:
21CV-0734DEFENDANT/RESPONDENT: City of San Luis Obispo et al.
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):
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5
PLAINTIFF/PETITIONER: NHC SLO, LLC CASE NUMBER:
21CV-0734DEFENDANT/RESPONDENT: City of San Luis Obispo et al.
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):
The City has filed a demurrer which will be heard on July 7, 2022.
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):
Party Description Date
Respondent Written Discovery Per Code
Respondent Deposition Discovery Per Code
Respondent Expert Discovery Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5
PLAINTIFF/PETITIONER: NHC SLO, LLC CASE NUMBER:
21CV-0734DEFENDANT/RESPONDENT: City of San Luis Obispo et al.
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):
The Parties have met and conferred several times regarding the issues in this case, most recently on
4/14/2022. The Parties agree that this case will be tried on a closed record, and that no discovery is
necessary. The City has prepared an administrative record, and is in the process of bates stamping and
finalizing the record. The City has transmitted a draft AR index to Plaintiff for discussion. The City
understands that Plaintiff intends to submit a written settlement offer.
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: April 29, 2022
Daniel L. Richards
TYPE OR PRINT NAME)(SIGNATURE OF PARTY OR ATTORNEY)
TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
82508.00018\34822950.1
PROOF OF SERVICE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BEST BEST &KRIEGER
LLPATTORNEYS AT LAW18101VON KARMAN
AVENUE,SUITE 1000IRVINE,CALIFORNIA 92612Proof of Service I, Janice Liu, declare: I am a citizen of the
United States and employed in Orange County, California. I am over the age of eighteen years and not
a party to the within-entitled action. My business address is 18101 Von Karman Avenue, Suite
1000, Irvine, California 92612. On April
29, 2022, I
served a copy of the within document(s): CASE MANAGEMENT STATEMENT by transmitting via facsimile
the document(s) listed above to the fax number(s)
set forth below on this date before 5:00 p.m. by placing the
document(s) listed above in a sealed envelope with postage thereon fully prepaid,
the
United States mail at Irvine, California addressed as set forth below. by placing
the document(s) listed above in a sealed envelope and affixing a pre-paid air bill,
and
causing the envelope to be delivered to a agent for delivery. by personally delivering
the document(s) listed above
to the person(s) at the address(es) set forth below. by transmitting
via e-mail or electronic transmission the document(s) listed above to the
person(s)
at the e-
mail address(es) set forth
below.John Armstrong Armstrong
Law Group 23232 Peralta
Drive, Suite 102
Laguna Hills, CA
92653 Phone: (949) 942-6069 Email: john@armstronglawgroup.co Attorneys for Petitioner I am readily
familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would
be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid
in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is more
82508.00018\34822950.1 -2 -
PROOF OF SERVICE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BEST BEST &KRIEGER LLPATTORNEYS AT LAW18101VON KARMAN AVENUE,SUITE 1000IRVINE,CALIFORNIA 92612I declare under penalty of perjury
under the laws of
the State of California that the above is
true and