HomeMy WebLinkAbout20260320_Case Management Statement Filed- Laurel Creek_City v SmithForm Adopted for Mandatory Use
Judicial Council of California
CM-110 [Rev. January 1, 2024]
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 STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:STATE:ZIP CODE:
TELEPHONE NO.:FAX NO.:
EMAIL 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 $35,000)
LIMITED CASE
(Amount demanded is $35,000
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
(Describe, including causes of action):a. Type of case in
complaint cross-complaint
Page 1 of 5
25cv-0667
203870
Robert A.Curtis
FOLEY BEZEK BEHLE &CURTIS,LLP
15 West Carrillo Street
Santa Barbara CA 93101
(805)962-9495 (805)962-0722
rcurtis@foleybezek.com
SAN LUIS OBISPO
1050 Monterey Street
San Luis Obispo 93408
Civil and Family Law Branch
The People of the State of California et al.
Laurel Creek,LP et al.
April 6,2026 9:00:00 AM 4
Robert A. Curtis
October 16,2025
1.VIOLATION OF HEALTH &SAFETY CODE AND RECEIVERSHIP;2.NUISANCE;3.NUISANCE PER SE;
4. UNFAIR BUSINESS PRACTICES
Laurel Creek, LP, Laurel Creek II, LP, 1160 Laurel Lane, LLC, Patrick N. Smith,
and Patrick N. Smith, as trustee of the Patrick N. Smith 2004 Living Trust
Laurel Creek, LP, Laurel Creek II, LP, 1160 Laurel Lane, LLC, Patrick N. Smith,
and Patrick N. Smith, as trustee of the Patrick N. Smith 2004 Living Trust
ELECTRONICALLY FILED3/20/2026 1:57 PM
CM-110 [Rev. January 1, 2024]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
(If more than one party, provide the name of each party
requesting a jury trial):
The party or parties request a jury triaI a nonjury 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.Email 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.
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):
(3)
Page 2 of 5
The People of the State of California et al.
Laurel Creek, LP et al.
25cv-0667
September 14-30,2026 (prepaid vacation);November 18,2026 -December 23,2026 (trial in Santa Barbara Superior Court,
Dept. 3)
15 trial days
CM-110 [Rev. January 1, 2024]CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
Page 3 of 5
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
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):
The People of the State of California et al.
Laurel Creek, LP et al.
25cv-0667
CM-110 [Rev. January 1, 2024]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. wiII be filed by (name party):A motion to consolidate coordinate
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
The People of the State of California et al.
Laurel Creek, LP et al.
25cv-0667
Laurel Creek,LP and Laurel Creek II,LP are currently in Bankruptcy
Laurel Creek,LP,et al.v.CPIF California,LLC
San Luis Obispo Superior Court -Civil
24CV-0133
Open
Defendants Written Discovery per code
Defendants Oral Depositions
per code
Defendants Expert Discovery per code
Laurel Creek, LP, Laurel Creek II, LP, 1160 Laurel Lane, LLC, Patrick N. Smith, and Patrick N. Smith, as trustee of the Patrick N. Smith 2004 Living Trust
CM-110 [Rev. January 1, 2024]CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
17.Economic litigation
a.This is a limited civil case (i.e., the amount demanded is $35,000 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.
Page 5 of 5
The People of the State of California et al.
Laurel Creek, LP et al.
25cv-0667
1
March 20, 2026
Robert A. Curtis
MC-025
CASE NUMBER:SHORT TITLE:
ofPage
ATTACHMENT (Number):
(This Attachment may be used with any Judicial Council form.)
(Add pages as required)
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this
Attachment are made under penalty of perjury.)
Form Approved for Optional Use
Judicial Council of California
MC-025 [Rev. July 1, 2009]
ATTACHMENT www.courtinfo.ca.gov
to Judicial Council Form
The People of the State of California et al. v Laurel Creek, LP et al.25cv-0667
13a
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PROOF OF SERVICE
STATE OF CALIFORNIA COUNTY OF SANTA BARBARA
I am employed in the County of Santa Barbara, in the State of California. I am over the age of 18
and am not a party to the within action. My business address is 15 West Carrillo Street in Santa Barbara,
California 93101.
On March 20, 2026, I served a copy of: CASE MANAGEMENT STATEMENT on the interested
parties in this action addressed as follows:
SEE ATTACHED SERVICE LIST
BY HAND DELIVERY: I caused a true copy of the above-referenced document(s) to be personally
delivered the person(s) listed above.
BY OVERNIGHT DELIVERY: I am familiar with the practice at my place of business for collection
and processing of documents for overnight delivery with an overnight courier service. The above-
referenced document(s) will be placed in an envelope, addressed to the person(s) listed above, sealed,
and placed for collection and delivery the next business day with fees fully prepaid in accordance with
ordinary business practices.
BY E-MAIL: I submitted an electronic version of the above-referenced document(s) to the person(s)
whose e-mail address(es) is/are known to me as listed above.
BY MAIL: I am familiar with the practice at my place of business for collection and processing of
correspondence for mailing with the United States Postal Service. The above-referenced
document(s) will be placed in an envelope, addressed to the person(s) listed above, sealed, and
deposited with the United States Postal Service with postage fully prepaid in accordance with the
ordinary course of business.
Executed on March 20, 2026, I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Becky Ornelas
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SERVICE LIST
J. CHRISTINE DIETRICK, SBN 206539
City Attorney, City of San Luis Obispo
MATTHEW R. SILVER, SBN 245528
MSilver@CivicaLaw.com
SEAN E. MORRISSEY, SBN 297371
SMorrissey@CivicaLaw.com
CIVICA LAW GROUP APC
4000 Barranca Parkway, Suite 250, PMB #782
Irvine, California 92604
Phone: 949-592-0165
Fax: 949-335-1701
Attorneys for Plaintiffs
City of San Luis Obispo, and
People of the State of California
Price, Postel & Parma LLP
Attn: Todd A. Amspoker, Christopher E. Haskell,
and Jeff F. Tchakarov
200 East. Carrillo Street, Fourth Floor
Santa Barbara, CA 93101
taa@ppplaw.com,
ceh@ppplaw.com, jft@ppplaw.com
Attorneys for Defendants Smith &
Company and LC Lenders, LLC
Duane Morris LLP
Attn: Marcus O. Colabianchi, Meagen E. Leary Spear
Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
MELeary@duanemorris.com,
MColabianchi@duanemorris.com
Attorney for Defendants CPIF California
LLC& CPIF Laurel Creek, LLC
The Bailey Law Firm
Attn: Jonas Bailey, Tom Nanney
1405 Garden Street, Suite 2
San Luis Obispo, CA 93401
jbailey@jonasbailey.com, tnanney@jonasbailey.com
Attorney for Defendants Arnold Builders,
Inc.
Twitchell and Rice, LLP
Attn: Vincent T. Martinez
215 North Lincoln Street, P.O. Box 520, Santa Maria,
CA 93456, vmartinez@twitchellandrice.com,
llimone@twitchellandrice.com
Attorney for Defendants B&B Construction
Cleanup Inc.
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Noland, Hamerly, Etienne & Hoss Attn: Heidi A.
Quinn, Anne K. Secker 333 Salinas Street,
P.O. Box 2510
Salinas, CA 93902-2510
HQuinn@nheh.com, ASecker@nheh.com
Attorney for Defendants Homer T.
Hayward Lumber Co.
Law Offices of Stephen G. Geihs Attn: Stephen G.
Geihs
314 Pomeroy Avenue
Post Office Box 155
Pismo Beach, CA 93448 winlawpb@aol.com
Attorney for Defendants Nolan Church
doing business as Colortrends Painting and
Decorating