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HomeMy WebLinkAbout20260323_Case Management Statement Filed- Nolan Church_City v SmithELECTRONICALLY FILED3/23/2026 1:47 PM CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:248716 Name:Stephen G.Geihs FIRM NAME:Law Offices of Stephen G.Geihs STREET ADDRESS:314 Pomeroy Avenue,P.O.Box 155 city:Pismo Beach state:CA ZIP CODE:93449 TELEPHONE NO.:(805)773-4601 FAX NO.:(805)773-4651 EMAIL ADDRESS:winlawpb@aol.com ATTORNEY FOR (name):Defendant,Nolan Church FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA,COUNTY OF SAN LUIS OBSIPO STREET ADDRESS:1050 Monterey Street MAILING ADDRESS:1050 Monterey Street,Rm 220 CITY AND zIP CODE:San Luis Obispo,CA 93448 BRANCH NAME: San Luis Obispo Superior Court 5 ClerkMatthewZepedaMoney PLAINTIFF/PETITIONER:The People of the State of California et al. DEFENDANT/RESPONDENT:Laural Creek,LP et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one):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:9:00:00 AM Dept.:4 Div.:Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone,by (name):Stephen G.Geihs via Zoom 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):Defendant,Nolan Church,dba Colortrends Painting &Decorating b.CI 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.Cy 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.Typeofcasein complaint Cy cross-complaint (Describe,including causes of action): Causes of Action for (1)Violations of Health &Safety Code and Receivership,(2)Public Nuisance,(3)Nuisance Per Se,and (4)Unlawful Business Practices. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal.Rules of Court, Judicial Council of Califomia rules 3.720-3.730 CM-110 [Rev.January 1,2024]Www.courts.ca,.gov CM-110 CASE NUMBER:PLAINTIFF/PETITIONER:The People of the State of California at al. DEFENDANT/RESPONDENT:Laura!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): Defendant is named in this action because of his recorded interest in the subject real property.Defendant recorded a Mechanics Lien in the principal sum of $43,422.50 against the real property for painting services and materials provided to the property for which he has not been paid.Defendant thereafter filed in cross-complaint in Case No.24CV-0011 to enforce his lien rights.That action is currently stayed via bankruptcy filing by defendant Laural Creek LP. (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 a jury trial 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 Jength of trial The party or parties estimate that the trial will take (check one) a.days (specify number):3-5 b.Cy 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.Email 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). 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. (1) (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. mediation under Code of Civil Procedure section 1775 et seq.(specify exemption): (3)This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action CM-110 (Rev.January 1,2024}CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 CASE NUMBER:PLAINTIFF/PETITIONER:The People of the State of California et al. DEFENDANT/RESPONDENT:Laural 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 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):stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1)Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date):(2)Settlement conference CO Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled _ Neutral evaluation scheduled for (date): (3)Neutral evaluation Cy]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 Agreed to complete judicial arbitration by (date):[7 Judicial arbitration completed on (date): {]Private arbitration not yet scheduled (5)Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): Cy ADR session not yet scheduled ADR session scheduled for (date):(6)Other (specify): Agreed to complete ADR session by (date): Cy ADR completed on (date): CM-110 (Rev.January 1,2024]CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER:The People of the State of California et al.CASE NUMBER: DEFENDANT/RESPONDENT:Laural Creek,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.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 Cy Other (specify): Status: 13.Related cases,consolidation,and coordination a.There are companion,underlying,or related cases. (1)Name of case:Homer T.Lumber v.Smith and Company et al. (2)Name of court:Superior Court of the State of California,County of San Luis Obispo (3)Case number:24CV-0011 (4)Status:Stayed due to Bankruptcy filing of Laural Creek LP CO Additional cases are described in Attachment 13a. b.CI A motion to consolidate coordinate will 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 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-110 PLAINTIFF/PETITIONER:The People of the State of California et al.CASE NUMBER: 25CV-0667DEFENDANT/RESPONDENT:Laural Creek,LP et al. 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): 4g,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.Cd 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:March 23,2026 >YSTEPHENG.GEIHS {TYPE OR PRINT NAME}SIGNATURE Q PARTY Og 'ORNEY) (TYPE OR PRINT NAME){SIGNATURE OF PARTY OR ATTORNEY) Additions!signatures are attached. CM-110 [Rev.January1,2024]CASE MANAGEMENT STATEMENT Page 5 of 5 PROOF OF SERVICE (Section 1013a,2015.5 CCP,28 USC 1746) STATE OF CALIFORNIA ) ) COUNTY OF SAN LUIS OBISPO ) I am employed in the County of San Luis Obispo,State of California.I am over the age of 18 years,and not a party to the within action;my business address is 3 14 Pomeroy Avenue,Pismo Beach,California 93449. On March 23,2026,I served the foregoing document(s)described as: CASE MANAGEMENT STATEMENT on the interested parties in this action by transmitting true copies thereof as follows: SEE ATTACHED SERVICE LIST XX EMAIL-On the above date,at Pismo Beach,California,I caused the above to be emailed to the above address. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and this document was executed on March 23,2026, at Pismo Beach,California. 4 ACY SERVICE LIST J.CHRISTINE DEITRICK,ESQ.,City Attorney of the City of San Luis Obispo MATTHEW R.SILVER,ESQ. SEAN E.MORRISSEY,ESQ. NICHOLAS GARCES,ESQ. CIVICA LAW GROUP APC 4000 Barranca Parkway,Suite 250,PMB #782 Irvine,CA 92604 MSilver@CivicaLaw.com SMorrissey@CivicaLaw.com NGarces@CivicaLaw.com (Attorneys for Plaintiff,City of San Luis Obispo) ROBERT A.CURTIS,ESQ. KEVIN D.GAMARNIK,ESQ. JORDAN A.LIEBMAN,ESQ. FOLEY BEZEK BEHLE &CURTIS,LLP 15 W.CARRILLO ST. SANTA BARBARA,CA 93101 rcurtis@foleybezek.com kgamarnik@foleybezek.com liebman@foleybezek.com (Attorneys for Defendants Laurel Creek LP,Laurel Creek II,LP,Laurel Lane,LLC, and Patrick N.Smith) TODD A.AMSPOKER,ESQ. CHRISTOPHER E.HASKELL,ESQ. JEFF F.TCHAKAROV,ESQ. PRICE,POSTEL &PARMA,LLP 200 EAST CARILLO ST.,SUITE 400 SANTA BARBARA,CA 93101 taa@ppplaw.com ceh@ppplaw.com jft@ppplaw.com (Attorneys for Defendant Smith &Co.) MARCUS O.COLABIANCHI,ESQ. MEAGEN E.LEARY,ESQ DUANE MORRIS LLP SPEAR TOWER ONE MARKET PLAZA,SUITE 220 SAN FRANCISCO,CA 94105-1127 MColabianchi@DuaneMorris.com MELeary@DuaneMorris.com (Attorneys for Defendants,CPIF California,LLC and CPIF Laurel Creek,LLC) ANNE K.SECKER,ESQ. HEIDI A.QUINN,ESQ. NOLAND,HAMERLY,ETIENNE &HOSS,LLP PO BOX 2510 333 SALINAS STREET SALINAS,CA 93902-2510 -ASecker@nheh.com HOQuinn@nheh.com (Attorneys for Defendant,Homer T.Hayward Lumber Co.) JONAS BAILEY,ESQ. TOM NANNEY,ESQ. THE BAILY LAW FIRM 1405 GARDEN STREET,SUITE 2 SAN LUIS OBISPO,CA 93401 jbailey@jonasbailey.com tnanney(@jonasbailey.com (Attorneys for Defendant,Arnold Builders,Inc.) VINCENT T.MARTINEZ,ESQ. TWITCHELL and RICE,LLP. 215 NORTH LINCOLN STREET,P.O.BOX 520 SANTA MARIA,CA 93456 vmartinez@twitchellandrice.com llimone@twitchellandrice.com (Attorney for Defendant,B&B Construction Cleanup Inc.)