HomeMy WebLinkAbout20260330_Case Management Statement Filed- CPIF_City v SmithCM-110
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Form 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
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 233103, 208698 FOR COURT USE ONLY
NAME: Meagen E. Leary Marcus O. Colabianchi, B. Alexandra Jones 317838
FIRM NAME: Duane Morris LLP
STREET ADDRESS: One Market, Spear Tower, Suite 2200
CITY: San Francisco STATE: CA ZIP CODE: 94105
TELEPHONE NO.: 415-957-3000 FAX NO.: 415-957-3001
EMAIL ADDRESS: mcolabianchi@duanemorris.com, bajones@duanemorris.com
ATTORNEY FOR (name): CPIF California LLC and CPIF Laurel Creek, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO
STREET ADDRESS: 1050 Monterey Street
MAILING ADDRESS:
CITY AND ZIP CODE: San Luis Obispo, CA 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:
25CV-0667 (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: April 6, 2026 Time: 9:00 a.m. Dept.: 4 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): B. Alexandra Jones
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): CPIF California LLC and CPIF Laurel Creek, LLC (collectively "CPIF")
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):
Violation of Health & Safety Code and Receivership; Nuisance; Nuisance Per Se; Unfair Business Practices, and
Receivership to abate alleged violations and the conditions occurring on the parcels of propety located in the City of
San Luis Obispo.
ELECTRONICALLY FILED
3/30/2026 2:54 PM
CM-110
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 2 of 5
PLAINTIFF/PETITIONER: People of the State of California, et al. CASE NUMBER:
25CV-0667 DEFENDANT/RESPONDENT: Laurel Creek, LP, 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):
Plaintiff filed their complaint on 10/16/25. CPIF filed their answer on 12/29/2025. On 3/12/206, City moved for an
HSC section 17980.7(c ) receivership which is now set for hearing on 5/6/26.
(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): Given the issues and parties involved, it is unclear when this case will be ready for trial.
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): Unknown
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. 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).
(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 1 775 et seq. (specify exemption): CRC, Rule 3.811(b)(1)
CM-110
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 3 of 5
PLAINTIFF/PETITIONER: People of the State of California, et al. CASE NUMBER:
25CV-0667 DEFENDANT/RESPONDENT: Laurel Creek, LP, et al.
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):
CM-110
CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 4 of 5
PLAINTIFF/PETITIONER: People of the State of California, et al. CASE NUMBER:
25CV-0667 DEFENDANT/RESPONDENT: Laurel Creek, LP, 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: PBankruptcy cases numbers 9:25-bk-10985-RC (Laurel Creek LP); 9:25-bk-10986-RC (Laurel Creek II, LP),
Central District of California, Santa Barbara Division
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case: Culbert Construction & Plumbing, Inc. v. Smith and Company, et al.
(2) Name of court: San Luis Obispo Superior Court
(3) Case number: 24CV-0003
(4) Status: Stayed
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):
On 3/12/26, Plaintiffs filed an Ex Parte Application for Appointment of a Receiver. The Court has set a hearing for
5/6/26.
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
CPIF will conduct discovery Per Code Per Code
in this action per Code.
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated
(specify):
CM-110
CM-110 [Rev. January 1, 2024]CASE MANAGEMENT STATEMENT Page 5 of 5
PLAINTIFF/PETITIONER: People of the State of California, et al. CASE NUMBER:
25CV-0667 DEFENDANT/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 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):
The City’s receivership motion is set for hearing on May 6, 2026. Separately, CPIF’s motion for the appointment
of a receiver is also set for May 6, 2026.
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):
CPIF will reach out to counsel prior to the case management conference to meet and confer.
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): 2
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: March 30, 2026
Marcus O. Colabianchi
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
MC-025
Form Approved for Optional Use
Judicial Council of California
MC-025 [Rev. July 1, 2009]
ATTACHMENT
to Judicial Council Form
www.courtinfo.ca.gov
SHORT TITLE: CASE NUMBER:
25CV-0667 People of the State of California v. Laurel Creek, LP, et al.
ATTACHMENT (Number): 13a
(This Attachment may be used with any Judicial Council form.)
13a.
Homer T. Hayward Lumber Co. v. Smith and Company, et al.
San Luis Obispo Superior Court
Case No. 24CV-0011
Pending (Stayed)
California Statewide Communities Development Authority v. Laurel Creek, LP, et al.
San Luis Obispo Superior Court
Case No. 25CV-0145
Pending (Stayed)
T.J.S. Enterprises, Inc. v. Smith & Co.,
Santa Barbara Superior Court
Case No. 24CV0022
Pending
All Wall Systems, Inc. v. Smith and Company, et al.
San Luis Obispo Superior Court
Case No. 23CV-0609
Pending
Builder Services Group dba Trueteam of California v. Smith and Company, et al.
San Luis Obispo Superior Court
Case No. 23CV-0742
Pending (Stayed)
B&B Construction Cleanup, Inc. v. Laurel Creek, LP, et al.
San Luis Obispo Superior Court
Case No. 23LC-0792
Pending
Nicholas Arnold dba Arnold Builders, Inc. v. Laurel Creek, LP, et al.
San Luis Obispo Suprior Court
Case No. 24CV-0028
Pending (Stayed)
GW Surfaces v. Smith and Company, et al.
Santa Barbara Superior Court
Case No. 24CV00018
Pending
JK Powers Inc. (SERVPRO) v. Simth & Co., at al.
San Luis Obispo Superior Court
Case No. 24CV-0073
Pending
Laurel Creek, LP v. CPIF California LLC
San Luis Obispo Superior Court
Case No. 24CV-0133
Pending
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1
Attachment are made under penalty of perjury.) (Add pages as required)
MC-025
Form Approved for Optional Use
Judicial Council of California
MC-025 [Rev. July 1, 2009]
ATTACHMENT
to Judicial Council Form
www.courtinfo.ca.gov
SHORT TITLE: CASE NUMBER:
25CV-0667 People of the State of California v. Laurel Creek, LP, et al.
ATTACHMENT (Number): 13a
(This Attachment may be used with any Judicial Council form.)
Smith & Co. v. Laurel Creek, LP
San Luis Obispo Superior Court
Case No. 24CV-0693
Pending
Kirk Construction, Inc. v. Laurel Creek, LP, et al.
San Luis Obispo Superior Court
Case No. 24CV-0260
Pending
Winkles Enterprises, Inc. v. Smith & Co., et al.
San Luis Obispo Superior Court
Case No. 23CV-0360
Pending (Stayed)
Mahogany Construction, Inc. v. Laulre Creek, et al.
San Luis Obispo Superior Court
Case No. 25CV-0101
Pending (Stayed)
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 2 of 2
Attachment are made under penalty of perjury.) (Add pages as required)
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People of the State of California v. Laurel Creek, L.P. et al.
Case No. 25CV-0667
PROOF OF SERVICE
I am a citizen of the United States, over the age of 18 years, and not a party interested in the cause. I am an employee of Duane Morris LLP and my business address is One Market Plaza, Spear Tower, Suite 2200, San Francisco, California 94105. I am readily familiar with this firm’s practices
for collecting and processing correspondence for mailing with the United States Postal Service and
for transmitting documents by FedEx, fax, email, messenger and other modes. On the date stated below, I served the following document:
CASE MANAGEMENT STATEMENT
X BY ELECTRONIC MAIL: On the date set forth below, at San Francisco, CA, I caused the
foregoing document(s) to be served by e-mail transmission to the e-mail address(es) set forth
below, as last given by that person on any document which he or she has filed in the cause
and served on the party making the service. The document(s) was(were) transmitted by e-
mail from a computer in the offices of Duane Morris. The e-mail transmission(s) was(were)
reported as delivered to the party(ies) at the indicated e-mail address(es), and no
undeliverable message from the recipient’s server was received by the sender of the e-mail.
SERVICE ADDRESS(ES)
Attorneys for Plaintiff
J. Christine Deitrick
Matthew R. Silver
Sean E. Morrissey
Nicholas Garces
Civica Law Group APC
4000 Barranca Parkway, Suite 250, PMB #782
Irvine, CA 92604
Email: MSilver@CivicaLaw.com
SMorrissey@CivicaLaw.com
NGarces@CivicaLaw.com
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct. Executed on March 30, 2026, at San Francisco, California.
Joan Nazzal