HomeMy WebLinkAbout20260403_Case Management Statement Filed- Nicholas Arnold_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 ONLYATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
ZIP CODE:STATE:CITY:
FAX NO.:TELEPHONE NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE MANAGEMENT STATEMENT
(Check one):UNLIMITED CASE
(Amount demanded
exceeds $35,000)
LIMITED CASE
(Amount demanded is $35,000
or less)
Room:Div.:
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
CASE NUMBER:
25CV-0667
297426
Jonas Bailey
The Bailey Law Firm
1405 Garden Street, Suite 2
San Luis Obispo CA 93401
(805) 232-4577
jbailey@jonasbailey.com
Nicholas Arnold d/b/a Arnold Builders Inc., a California Corporation
San Luis Obispo
1405 Monterey Street
1405 Monterey Street
San Luis Obispo, 93408
San Luis Obispo - Civil
PLAINTIFF/PETITIONER: The People of the State of California et al
DEFENDANT/RESPONDENT:Laurel Creek LP, et al.
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: April 2, 2026 Time: 9:00 a.m. Dept.: 4
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
Nicholas Arnold d/b/a Arnold Builders Inc., a California Corporation
March 11, 2025
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 1 of 5
ELECTRONICALLY FILED
4/3/2026 4:31 PM
6
CM-110 [Rev. January 1, 2024]CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
(If more than one party, provide the name of each party The party or parties request
requesting a jury trial):
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
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 Hayward Lumber allegedly furnished materials to improve the real property at 1150 Laurel Lane. Defendant was allegedly not paid in full.
Defendant is named in the instant action solely by virtue of its mechanics lien on the real property. (If more space is needed, check this box and
attach a page designated as Attachment 4b.)
5.Jury or nonjury trial
3-5
CASE NUMBER:
25CV-0667
The People of the State of California et al
Laurel Creek LP, et al.
CM-110 [Rev. January 1, 2024]CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
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):
CASE NUMBER:
25CV-0667
The People of the State of California et al
Laurel Creek LP, et al.
CM-110 [Rev. January 1, 2024]CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
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):
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
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: Laurel Creek, LP. has filed Bankruptcy, staying this case.
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.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):
Defendant's Written Discovery
Defendant's Witness Depositions
Defendant's Expert Depositions
Unknown due to Bankruptcy Stay
Unknown due to Bankruptcy Stay
Unknown due to Bankruptcy Stay
CASE NUMBER:
25CV-0667
The People of the State of California et al
Laurel Creek LP, et al.
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.
(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
Date: April 3, 2026
Jonas Bailey, Esq.
25CV-0667
The People of the State of California et al
Laurel Creek LP, et al.
Due to the pending bankruptcy everything has been stayed and no meaningful meet and confer can occur.
MC-025
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.
CASE NUMBER:
25CV-0667
13a
1 1
Laurel Creek, LP vs. Wick's Roofing, Inc. 23CV0445
PROOF OF SERVICE
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
I, Kaitlyn Fitzgerald declare as follows:
I am a resident of the United States and an employee in the County of San Luis Obispo. I am over the age
of 18 and not a party to the above-entitled action. My business address is 1405 Garden Street, Suite 2, San
Luis Obispo, CA 93401.
On the date set forth below, I caused the document(s) described below to be served:
CASE MANAGEMENT STATEMENT
on the interested parties in this action addressed as follows:
SEE FOLLOWING SERVICE LIST
[ ] BY UNITED STATES MAIL: I am readily familiar with the firm's practice of collection
and processing documents for mailing. Under that practice, the envelopes are sealed and with postage
thereon fully prepaid, deposited with the United States Postal Service on that same day at San Luis
Obispo, California, in the ordinary course of business. I am aware that, on motion of the party
served, service is presumed invalid if the postal cancellation date or postage meter date is more
than one day after the date of deposit for mailing in this affidavit.
[ ] BY HANDDELIVERY: I personally delivered such envelope to the offices of the addressee,
following ordinary business practices.
[ X ] BY E-MAIL: On the below-date, I sent the above-described document(s) electronically to the
recipient(s) noted below via e-mail addresses listed below.
[ ] BY OVERNIGHT COURIER: I caused such document(s) to be delivered by overnight mail to
the offices of the addressee by depositing such documents with FedEx.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed on April 3, 2026 at San Luis Obispo, California.
Kaitlyn Fitzgerald /s/
Kaitlyn Fitzgerald
SERVICE LIST
Matthew R. Silver - MSilver@CivicaLaw.com
Sean E. Morrissey - SMorrissey@CivicaLaw.com
Nicholas Garces - NGarces@CivicaLaw.com
Marcus O. Colabianchi - MColabianchi@DuaneMorris.com
Meagen E. Leary - MELeary@DuaneMorris.com
Robert A. Curtis - RCurtis@FoleyBezek.com
Kevin D. Gamarnik - KGamarnik@FoleyBezek.com
Jordan A. Liebman - Liebman@FoleyBezek.com
Todd A. Amspoker - taa@ppplaw.com
Christopher E. Haskell - ceh@ppplaw.com
Jeff F. Tchakarov - jft@ppplaw.com
Vincent T. Marinez - VMarinez@TwitchellandRice.com
L. Limone - LLimone@TwitchellandRice.com
Heidi A. Quinn - HQuinn@nheh.com
Anne K. Secker - ASecker@nheh.com
Stephen G. Geihs - winlawpb@aol.com
Kevin R. Singer - Kevin@ReceivershipSpecialists.com