CMS (CG and Farnam) - Zepeda February 14, 2023 (2024)

On May 06, 2022 aCMS (CG and Farnam) - Zepedawas filedinvolving a dispute betweenShelly, Angelique,Zepeda, Cristina,Zepeda, Felicia,Zepeda, Gustavo,Zepeda, Rosalie,andAvon Products Inc,Barretts Minerals Inc,Bayer Consumer Care Holdings Llc,Bayer Healthcare Llc,Bayer Samson Ii Llc,Block Drug Company Inc,Block Drug Corporation,Bonide Products Llc,Brenntag North America Inc,Brenntag Specialties Llc,Calaveras Asbestos Ltd,Central Garden & Pet Company,Charles B Chrystal Company Inc,Chattem Inc,Control Solutions Inc,Cosmetic Specialties Inc,Dap Inc,Dap Products Inc,Dr. Scholl'S Llc,Farnam Companies Inc,Glaxosmithkline Llc,Henry Company Llc,Himmel Management Co Llc,Merck & Co Inc,Oatey Co,Parex Usa Inc,Pfizer Inc,Pti Union Llc,Scholl'S Wellness Company Llc,Specialty Minerals Inc,The Ww Henry Company Lp,Union Carbide Corporation,Vanderbilt Minerals Llc,Western Pacific Distributing Llc,Whittaker Clark & Daniels Inc,Ww Henry Company,for Unlimited Asbestos (04)in the District Court of Santa Barbara County.

 
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 CM-110ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLYFrederick J. Ufkes (SBN 106889)HINSHAW & CULBERTSON LLP350 South Grand Ave., Suite 3600Los Angeles, CA 90071 TELEPHONE NO.: 310-909-8000 FAX NO. (Optional): 310-909-8001 E-MAIL ADDRESS: fufkes@hinshawlaw.com ATTORNEY FOR (Name): Defs. Central Garden & Pet Supply and Farnam Companies, Inc.SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 312 East Cook Street, Bldg. E MAILING ADDRESS: Santa Maria 93454 CITY AND ZIP CODE: Santa Maria BRANCH NAME: PLAINTIFF/PETITIONER: Gustavo Zepeda, et al. DEFENDANT/RESPONDENT: Avon Products, Inc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER:(Check one): UNLIMITED CASE LIMITED CASE 22CV01768 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less)A CASE MANAGEMENT CONFERENCE is scheduled as follows:Date: February 27, 2023 Time: 9:15 a.m. Dept.: SM 2 Div.: Room:Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Frederick J. Ufkes, Esq. 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): Defs. Central Garden & Pet Supply and Farnam Companies, Inc.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): Causes of Action: 1) Negligence; 2) Strict Liability; 3) Fraud; and 4) Loss of Consortium Page 1 of 5Form Adopted for Mandatory Use Cal. Rules of Court,Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Gustavo Zepeda, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Avon Products, Inc., et al. 22CV017684. 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.) Personal injury claim by plaintiff for asbestos exposure (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): 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): 30 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. E-mail 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 1775 et seq. (specify exemption):CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: Gustavo Zepeda, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Avon Products, Inc., et al. 22CV0176810. c. 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 (2) Settlement Settlement conference scheduled for (date): conference 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 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): 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): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date):CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: Gustavo Zepeda, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Avon Products, Inc., et al. 22CV0176811. 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. 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):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 Defendants CG and Farnam Written Discovery Per Code Defendants CG and Farnam Expert Discovery Per Code Defendants CG and Farnam Depositions Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify):CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Gustavo Zepeda, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Avon Products, Inc., et al. 22CV0176817. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 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 ofthe case management conference, including the written authority of the party where required.Date: February 14, 2023Frederick J. Ufkes  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached.CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 1 PROOF OF SERVICE Zepeda, et al. v. Avon Products, Inc., et al. 2 Case No. 22CV01768 3 (STATE OF CALIFORNIA, COUNTY OF LOS ANGELES) 4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within actions; my business address is 350 South Grand Ave., Suite 5 3600, Los Angeles, CA 90071-3476. 6 On February 14, 2023, I served the document(s) entitled CASE MANAGEMENT STATEMENT on the interested parties in this action as stated below: 7 SEE ATTACHED SERVICE LIST 8  (BY FILE & SERVEXPRESS): I electronically served the above document(s) on all 9 interested parties in this action via File & ServeXpress on the recipients designated on the Transaction Receipt located on the File & ServeXpress website (https://10 fileandservexpress.com) pursuant to the Court Order establishing the case website and authorizing service of documents.11 I declare under penalty of perjury under the laws of the State of California that the12 foregoing is true and correct. Executed on February 14, 2023, at Los Angeles, California.131415 Kristina Hightower16171819202122232425262728 PROOF OF SERVICE 1051570\311590177.v1