HomeMy WebLinkAbout20260320_Case Management Statement Filed- City_City v SmithCM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:FOR COURT USE ONLY
NAME:Matthew R.Silver,SBN 245528;Sean E.Morrissey,SBN 297371;Nicholas Garcés SBN 273277
FIRM NAME:CIVICA LAW GROUP,APC
STREET ADDRESS:4000 Barranca Pkwy,Suite 250,PMB #782
city:Irvine STATE:CA ZIP CODE:92604
TELEPHONE NO.:949-592-0165 FAXNO.:949-335-1701
EMAIL ADDRESS:smorrissey@civicalaw.com;ngarces@civicalaw.com
ATTORNEY FOR (name):Plaintiffs,People of the State of CA and City of San Luis Obispo
SUPERIOR COURT OF CALIFORNIA,COUNTY OF SAN LUIS OBISPO
STREET ADDRESS:1050 Monterey Street
MAILING ADDRESS:1050 Monterey Street
CITY AND ZIP CODE:San Luis Obispo,93408
BRANCH NAME:Civil Branch
PLAINTIFF/PETITIONER:People of the State of California,et al.
DEFENDANT/RESPONDENT:Laurel Creek,LP,et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one):[x]UNLIMITED CASE [__]LIMITED CASE 25CV-0667
(Amount demanded (Amount demanded is $35,000
exceeds $35,000)or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:April 6,2026 Time:9:00 a.m.Dept.:4 Div.:Room:
Address of court (if different from the address above):
I_x_]Notice of Intent to Appear by Telephone,by (name):Matthew R.Silver
INSTRUCTIONS:All applicable boxes must be checked,and the specified information must be provided.
1.Party or parties (answer one):
a.[x ]This statement is submitted by party (name):Plaintiffs People of the State of CA and the 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):October 16,2025
b.[__]The cross-complaint,if any,was filed on (date):
3.Service (to be answered by plaintiffs and cross-complainants only)
a.[x]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)[7]have had a default entered against them (specify names):
SEE ATTACHEMENT
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):
Violation of State Health and Safety Laws,Public Nuisance,Nuisance Per Se,Unfair Business Practices,and Receivership to
abate violations and the conditions occurring on the parcels of property located within the City of San Luis Obispo,County of
San Luis Obispo.
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT oa Re aeJudicialCouncilofCalifomia
CM-110 (Rev.January 1,2024]www.courls.ca.gov
ELECTRONICALLY FILED
3/20/2026 3:28 PM
CM-110
PLAINTIFF/PETITIONER:People of the State of California,et al.CASE NUMBER:
DEFENDANT/RESPONDENT:Laurel 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 medical expenses,lost
earnings to date,and estimated future lost earnings;if equitable relief is sought,describe the nature of the relief):
Plaintiffs filed their complaint on 10/16/25.By March 2026,all defendants were served and answered,defaulted,or dismissed.
Remaining defendants are property owners and lienholder lenders or contractors.The complaint concerns an incomplete
development of a multi-use building full of unfinished construction,substandard,substantially dangerous conditions.On
3/12/26,City moved for an HSC section 17980.7(c)receivership amidst uncorrected,worsening dangers,which is now set for 5/6/26.
[__](lf 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 [|ajurytrial [[¢]anonjury trial.(/f more than one party,provide the name of each party
requesting a jury trial):
Trial not required pursuant to Health and Safety Code section 17980.7 and 17981.
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):
Trial is not required pursuant to HSC section 17980.7 and 17981.
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.Cea days (specify number):5-7 (if the case is not resolved by receivership before a trial.)
b.[_]hours (short causes)(specify):
8.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 ("|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.
9g,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 Cx]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)(J 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):
California Rules of Court,Rule 3.811(b)(1)}
CM-110 [Rev,January 1,2024]CASE MANAGEMENT STATEMENT Page2of 5
CM-110
PLAINTIFF/PETITIONER:People of the State of California,et al.CASE NUMBER:
DEFENDANT/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 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 C)
[__]Mediation session not yet scheduled
{___]Mediation session scheduled for (date):
CJ Agreed to complete mediation by (date):
[__]Mediation completed on (date):
(2)Settlement
conference
[__]Settlement conference not yet scheduled
[__]Settlement conference scheduled for(date):
C_]Agreed to complete settlement conference by(date):
CL]Settlement conference completed on (date):
(3)Neutral evaluation
[__]Neutral evaluation not yet scheduled
[__]Neutral evaluation scheduled for (date):
Cc]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):
C_]Agreed to complete judicial arbitration by (date):
[_]Judicial arbitration completed on (date):
(5)Binding private
arbitration
[|__|Private arbitration not yet scheduled
Cc)Private arbitration scheduled for (date):Cj 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):
CM-110 [Rev.January 1,2024]CASE MANAGEMENT STATEMENT Page 3 of
CM-110
PLAINTIFF/PETITIONER:People of the State of California,et al.CASE NUMBER:
DEFENDANT/RESPONDENT:Laurel Creek,LP,et al.25CV-0667
11.insurance
a.[_|Insurance carrier,if any,for party filing this statement (name):N/A
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:Plaintiffs and this action are exempt from Bankruptcy stay pursuant to 11 U.S.C.§362(b)(4)
Bankruptcy cases numbers 9:25-bk-10985-RC (Laurel Creek LP);9:25-bk-10986-RC (Laurel Creek II,LP).
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.[|]Amotionto [__]consolidate [_]coordinate will be fited by (name party):
14.Bifurcation
C_]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):
On 3/12/26,Plaintiffs filed a Ex Parte Application for Appointment of a Receiver pursuant to HSC Section 17980.7(c).The
Court has set a hearing for 5/6/26.HSC section 17981 states that a verified complaint is enough for Plaintiffs to request an
order granting the relief requested,but Plaintiffs also filed the motion to provide defendants more opportunity to respond.
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 Pescription Date
Plaintiffs Written discovery Per Code
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-110
CASE NUMBER:PLAINTIFF/PETITIONER:People of the State of California,et al.
25CV-0667DEFENDANT/RESPONDENT:Laurel Creek,LP,et al.
17.Economic litigation
a.(__]This is a limited civil case (i.e.,the amount demanded is $35,000 or fess)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):
Plaintiffs were unable to reach counsel for defendants Arnold Builders,Inc.,B&B Construction Cleanup Inc.,(CPIF
California LLC and CPIF Laurel Creek,LLC),(Smith &Company and LC Lenders LLC),Homer T.Hayward Lumber Co.,
and Nolan Church doing business as Colortrends Painting and Decorating.
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):
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:3/20/2026
Nicholas Garcés >EE
(TYPE OR PRINT NAME)_(SIGNATURE OF PARTY,ORATTORNEY)
(TYPE OR PRINT NAME)(SIGNATURE OF PARTY OR ATTORNEY)
[__]Additional signatures are attached.
Page 5of5CM-110 [Rev.January 1,2024 CASE MANAGEMENT STATEMENT
MC-025
SHORT TITLE:
People et al.v.Laurel Creek,LP,et al.
CASE NUMBER:
25CV-0667
ATTACHMENT (Number):36(3)
(This Attachment may be used with any Judicial Council form.)
All Wall Systems,Inc.-Default entered 2/26/26
Blue Steel Concrete,LLC -Default entered 1/9/26
Empire Electrical Solutions,Inc -Default entered 1/9/26
G W Surfaces -Default entered 2/26/26
The Sherwin-Williams Company -Default entered 1/9/26
United Rentals (North America)Inc.-Default entered 1/9/26
(If the item that this Attachment concerns is made under penalty of perjury,all statements in this
Attachment are made under penalty of perjury.)
Page of il
(Add pages as required)
Form Approved for Optional Use
Judicial Council of California
MC-025 [Rev.July 1,2009]
ATTACHMENT
to Judicial Council Form
www.courtinfo.ca.gov
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PROOF OF SERVICE
At the time of this service I was over 18 years of age and I was not a party to this action. My
business address is 4000 Barranca Parkway, Suite 250 PMB#782, Irvine California 92604 . On the
date specified below, I served the following documents (“Documents”):
1. CASE MANAGEMENT STATEMENT.
The Documents were served on the following persons (“Persons”):
FOLEY BEZEK BEHLE & CURTIS, LLP
Robert A. Curtis
Kevin D. Gamarnik
Jordan A. Liebman
15 W. Carrillo Street
Santa Barbara, California 93101
rcurtis@foleybezek.com,
kgamarnik@foleybezek.com,
liebman@foleybezek.com
Attorneys for Defendants Laurel Creek LP,
Laurel Creek II LP, 1160 Laurel Lane LLC,
Patrick N. Smith, trustee of the Patrick N.
Smith 2004 Living Trust, Patrick N. Smith
PRICE, POSTEL & PARMA LLP
Todd A. Amspoker
Christopher E. Haskell
Jeff F. Tchakarov
200 East. Carrillo Street, Fourth Floor
Santa Barbara, CA 93101
taa@ppplaw.com
ceh@ppplaw.com
jft@ppplaw.com
Attorneys for Defendant Smith & Company
DUANE MORRIS LLP
Marcus O. Colabianchi
Meagen E. Leary
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
MELeary@duanemorris.com,
MColabianchi@duanemorris.com
Attorneys for Defendants CPIF California
LLC and CPIF Laurel Creek LLC
THE BAILEY LAW FIRM
Jonas Bailey
Tom Nanney
1405 Garden Street, Suite 2
San Luis Obispo, CA 93401
jbailey@jonasbailey.com,
tnanney@jonasbailey.com
Attorneys for Defendant Arnold Builders, Inc.
TWITCHELL AND RICE, LLP
Vincent T. Martinez
215 North Lincoln Street, P.O. Box 520,
Santa Maria, CA 93456
vmartinez@twitchellandrice.com,
llimone@twitchellandrice.com
Attorneys for Defendant B&B Construction
Cleanup Inc.
NOLAND, HAMERLY, ETIENNE & HOSS
Heidi A. Quinn
Anne K. Secker
333 Salinas Street
P.O. Box 2510
Salinas, CA 93902-2510
HQuinn@nheh.com
ASecker@nheh.com
Attorneys for Defendant Homer T. Hayward
Lumber Co.
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LAW OFFICES OF STEPHEN G. GEIHS
Stephen G. Geihs
314 Pomeroy Avenue
P.O. Box 155
Pismo Beach, CA 93448
winlawpb@aol.com
Attorneys for Defendant Nolan Church doing
business as Colortrends Painting and
Decorating
PRICE, POSTEL & PARMA LLP
Todd A. Amspoker
Christopher E. Haskell
Jeff F. Tchakarov
200 East. Carrillo Street, Fourth Floor
Santa Barbara, CA 93101
taa@ppplaw.com,
ceh@ppplaw.com
jft@ppplaw.com
Attorneys for Defendant LC Lenders, LLC
The Documents were delivered by:
☒ Email. Pursuant to California Code of Civil Procedure section 1010.6(e)(1), the Documents
were served via email to the email addresses listed above and no indication was received that the email
was not successfully received.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Dated: March 20, 2026 ______________________________
LAUREN MCELROY