HomeMy WebLinkAbout20260310_Case Management Statement Filed- Homer T Hayward Lumber_City v SmithcM-~~a
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 96I 57, I g0880 FOR COURT USE ONLY
NAME: Anne Secker, Esq., Heidi A. QGiinn, Esq.
FiRm NnmE: NOLAND I-IAMERLY ETIENNE & HOSS
STREET AODRESS:333 Sa]1112.S Sti'e(:t PO BOX Z.S I 0
CITY: S1Ilil2.S STATE: CA zePcooe:93902
TELEPHONE NO.: ~$3 I ~ 4Z4-~ 4 14 FAx No.:831-424-1975
EMAIL ADDRESS: ASeC~CeP Cl il}leI1.CO111, HQUlI1T1~11~1eI1.CO171
arroRNEv FOR ~na,,,e~: Homer T. Hayward Lumber Co., a California corporation
SUPERIOR COURT QF CALIFORNIA, COUNTY OF SAN LUIS OBISPO
srRe~ aooREss: 1050 Monterey Street
MAILING ADDRESS: ]~5~ ~/IO1lt8C8y StCeet
CITY AND ZIP CODE: Sap LUIS ObIS]~O CA 9340S
BRANCH NAME. CIVt~ 111 CI Fdllli~y LaW BCa11C}i
PLAINTIFF/PETITIONER: The People of the State of California et al.
DEFENDANT/RESPONDENT: Laurel Creek, LP et al.
CASE MANAGEMENT STATEMENT caseNurneER:
(Check one): OX 41N~IMITED CASE ~ LIMITED CASE
(Amount demanded {Amount demanded is $35,000
exceeds $35,000} or less) 25CV-0667
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: April 6, 2026 Time:9:00 am Dept.:4 Div.: Room:
Address of court (if different from the address above):
OX Notice of Intent to Appear by Telephone, by (name): Anne Secker via Zoom
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be proviaea.
1. Party or parties (answer one):
a. ~X This statement is submitted by party {name): Defendant Homer T. Hayward Lumber Co., a California corporation
b. ~ This statement is submitted jointly by parties (names): ("Hayward Lumber")
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 (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. ~ 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):
First Cause of Action for violation of Health & Safety Code and receivership, Second Cause of Action for public nuisance,
Third Cause of Action for nuisance per se, and Fourth Cause of Action for unlawful business practices.
Page t of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT CaLRulesofCourt,
Judicial Council of California rules 3.720-3]30
CM-110 (Rev. January 1, 2024] www.courts.ca.aov
Westtaw Doc & Form Builder°
ELECTRONICALLY FILED3/10/2026 2:35 PM
CM-110
PLAINTIFF/PETITIONER: T}7e People of the State of California et a(. cnsENumeeR
DEFENDANT/RESPONDENT: La~irel Creek, LP et al. 25CV-0667
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 medrea( expenses, lost
earnings to date, and estimated future lost earnings; if equitable relief is sought, describe the nafure of the reliet~:
Defendant Hayward Lumber furnished cabinetry, materials, services, and labor to improve the real property at 1150 Laurel Lane. Defendant 4vas not
paid in full and recorded two Mechanics Liens in the principal amount of $252,103.91, plus interest, against the property and thereafter filed an action
to enforce its lien rights and recover sums due it. Defendant is named in the instant action solely by virtue of its recorded interest in the real property in
which Plaintiff is seeking tl~e appointment of a receiver per Health and Safety Code section 179$0.7(c).
(lf more space is needed, check fhis box and atfach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request ~ a jury trial 0 a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. 0 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):
Nothing available until after October 2026 due to previous trial settings and other calendar commitments.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one)
a. ~ days (specify number): two
b. (~ hours (short causes) (specify):
Trial representation (fo be answered for each party)
The party or parties will be represented at trial 0 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. Email address: g. Party represented:
Additional representation is described in Attachment 8.
g. 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 0 has not provided the ADR information package identified
in rule 3.221 to the client end 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) 0 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 CM-110 [Rev. January 1, 2024 CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFFlPETITIONER:The People of tl~e State of California et al. casENunnaER
QEFENDANT/RESPONDENT:Laurel Creek, LP et al. 25CV-0667
10. c. 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 a// that apply and provide the specified fnformation):
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): stipulafion):
~ Mediation session not yet scheduled
~ ~ Mediation session scheduled for (date):
(1) Mediation ~ Agreed to complete mediation by (date):
~ Mediation completed on (date):
0 Settlement conference not yet scheduled
(2) Settlement ~ 0 Settlement conference scheduled for(date):
conference ~ Agreed to complete settlement conference by (date):
~ Settlement conference completed on (date):
0 Neutral evaluation not yet scheduled
~ Neutral evaluation scheduled for (date):
(3) Neutral evaluation Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4} Nonbinding judicial ~ ~ Judicial arbitration scheduled for (date):
arbitration 0 Agreed to complete judicial arbitration by (date):
0 Judicial arbitration completed on (date):
Private arbitration not yet scheduled
{5) Binding private 0 ~ Private arbitration scheduled for (date):
arbitration ~ Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
0 ADR session not yet scheduled
(6) Other (specify): ~ 0 ADR session scheduled for {date):
~ Agreed to complete ADR session by (date):
~ ADR completed on (date):
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page3of5
CM-110 --
PLAINTIFF/PETITIONER: The People of the State of California et al. casE niunneER:
DEFENDANT/RESPONDENT: Laurel Creel:, LP et al. 25CV-0667
11. Insurance
a. ~ Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: ~ Yes [~ No
c. 0 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, ar related cases.
(1) Name of case:
(2) Name of court:
(3) Gase number:
(4} Status:
Additional cases are described in Attachment 13a.
b. 0 A motion to 0 consolidate ~ coordinate wil l 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
0 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. 0 The party or parties have completed ail discovery.
b. ~ The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page 4 of 5
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT
CM-114
PLAINTIFF/PETITIONER: The People of the State of Califo~~nia et al. casENumeER:
DEFENDANT/RESPONDENT: Laurel Creek, LP et al. 25CV-0667
17. Economic litigation
a. 0 This is a limited civil case (i.e., the amount demanded is $35,000 or less) and the economic litigation procedures in Code
of Civii Procedure sections 90-88 will apply to this case.
b. 0 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 (rf checked, explain specifically why economic (ifrgafion procedures relating to discovery or trial
should not apply to this case):
~ g_ 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 nof, 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): two
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 stipuEations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: March , 2026
Anne Seeker, Esq
(TYPE OR PRINT NAME) (SI NATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
4932-9796-5462, v. 1
(SIGNATURE OF PARTY OR ATTORNEY}
0 Additional signatures are attached.
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Pag e s of s
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PROOF OT S~RVICL
(Code Civ. Proc. §§ 1013(a), 2015.5)
STATE QF CALIFORNIA
COUNTY OF MC)NTEREY
I am a citizen of the United States and a resident of Monterey County. I am over the age
of 18 years and not a party to the within entitled action; my business address is: 333 Salinas
Street, Salinas CA 93901; Post Office Box 2510, Salinas, CA 93902-2510.
On the date below, I served the attached documents) entitled: CASE MANAGEMENT
STATEMENT, on the following named persons) in said action at: Please see attached service
list.
By court order or by agreement of the parties to accept service by electronic
transmission, I caused the documents) to be sent to the persons) at the email
addresses) listed below. I did not receive within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
unsuccessful (CCP ~ 1010.6; Cal. Rules of Court, Rule 2.251).
by placing said copy(ies) in a sealed envelope(s), postage thereon fully prepaid, and
placed for collection and processing for mailing following the business's ordinary
practice with which I am readily familiar. On the same day correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business
with the United States Postal Service at Salinas, California, addressed as stated
above.
by overnight delivery on the above-named party(ies) in said action, by placing a
true and correct copy thereof enclosed in a sealed envelope in a designated area for
outgoing, same-day pickup by UPS, at the offices of Noland, Hamerly, Etienne &
Hoss for overnight delivery, billed to Noland, Hamerly, Etienne & Hoss, and
addressed as set forth above.
q by causing to be transmitted a true copy thereof to the above-named recipient via
the electronic mail address (TGoodman@nheh.com), and no failure to deliver
message was received.
I declare, under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on ~~ '(~~Q..~~`~ ~-~Z , at Salinas, California.
on man
02439.76 7
PROOF OF SERVICE
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S~RVIC~ LIST
Matthew R, Silver Attorneys,fo~ Plaintiff
Sean E. Morrissey
Nicholas Garces M:Silver<~~Civical.a~~.coin
Civica Law Group, APC SMorrissey~, z~Civical.aw.com
4000 Barranca Parkway, NCr~rceslu C,ivicaLaw.co~n
Suite 250, PMB#782
Irvine, CA 92604
Robert A. Curtis, Esq. Attorneys for Defendants
Kevin D. Gamarnik Laurel Creek LP, Laurel Creek II LP,
Jordan A. Liebman 1160 Laurel Lane LLC, Patrick N. Smith,
Foley Bezels Behle & Curtis LP Trustee, and Patrick N. Smith 15 W. Carrillo Street
Santa Barbara CA 93101
l~~vlil f1S~Ct~~' 0ll'~'~3C',7.G~.Ct?T11
ItGan7arn~1<~cr~FoleyBezek.com
Liet~znan(c~FoleyBezel<.eom
Marcus O. Colabianchi Attorneys for Defendants
Meagen E.Leary CPIF California, LLP and
Duane Morris LLP CPIF Laurel Creek, LP
One Market Plaza, Spear Tower,
Suite 2200 MColabianchil~Dua~leMorris.cor~1
San Francisco, CA 94105-1127 MC;I.,earyr~z~I)ua~~eMorr~is.com
Todd A. Amspoker
Christopher E. Haskell
Jeff F. Tchakarov
Price, Postel & Parma LLP
200 East Carrillo Street, Fourth Floor
Santa Barbara CA 93101
Jonas Bailey, Esq.
Thomas Nanney, Esq.
The Baily Law Firm
1405 Garden Street
San Luis Obispo CA 93401
Attorneys for Defendants
Smith and Company, A Real Estate
Investment Development Corporation;
and LC Lenders, LLC
taa~ ~pPlati~~.com
ceh<a~pp~law.corn
~tt(cr),~~~law.cam
Attorneys for Defendant
Arnold Builders, Inc.
JBaile~~~x~.ionasBaile ~-caln
TNa~inev~~~JonasBaile~~.com
Vincent T. Marinez Attorneys for Defendant
Twitchell and Rice, LLP B&B Construction Cleanup Inc.
215 N. Lincoln Street
PO Box 520 ~rMat~tinez cr, I~'witchellandRice.con~i Santa Maria CA 93456 C,L,imonc(c~"I~witcl~rellandRice.cain
Stephen G. Geihs Attorney for Defendant
Law Offices of Stephen G. Geihs Noland Church
314 Pomeroy Avenue
PO Box 155 winlaw~~b~alaol.com
Pismo Beach CA 93448
4917-1101-0'
2
v. 1
PROOF OF SERVICE
People vs. Laurel Creek el al. (Case No. 25CV-0667