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CM-110

ATIDRNEY OR PAR'lY WITHOUT ATTORNE.V (Nam •• 8IaI& llarlUllllw, IJIId ad~

Brian T. Hildreth (SBN 214131)

t- Ben, McAndrews & Hiltachk, LLP 455 Capitol Mall, Suite 801 Sacramento, CA 95814

TElEF'HONENO" (916) 442-7757

FAXNO.(OpIIonaJ); (916) 442-7759

&lIlA1l. ADDRESS (0ptJ0rntq:

AnalNE.VFOR(NameJ; Respondent. DAMON DUNN

SUPERIOR COURT OF CAUFORNIA, coUNTY OF Orange SlREeTAOCRESS: 700 Civic Center Drive West MAIIJHGADDRess: 700 Civic Center Drive West

CITY AND ZlP cooe Santa Ana, CA 92701

&RANCH NAM!: Central Justice Center

PUlINTlFF/PErITIONER: ORL Y T AITZ DEFENDANT/RESPONDENT: DAMON DUNN

FOR COURT USEONLY

. FILED .

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE Cf'NTE'R

DEC 28 2010

.A.LAN CARLSON. Clark of the Court

d~

8Y A. RINCON r:

CASE MANAGEMENT STATEMENT (Check cme): CZJ UNUMlTED CASE D LIMITED CASE

{Amount demailded (Amount demanded Is $26.000

exceeds $25,000) or less}

CASS NUMBI!R;

30-2010-00381664-CU-FR-CJC

m Notice of Intent to Appear by Telephone. by (name): Brian Hildreth on behalf of DAMON DUNN

A CASE MANAGEMENT CONFERENCE.is scheduled as follows:

Date: 01/10/2011 Time: 9:00 a.m, Dept.: C33

Address of court (If different from the address above),"

Div.:

Room:

INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided.

1. Party or parties (answer one):

a [L] This statemant is submitted by party (mame): DAMON DUNN b. D This statement is !Submitted JointlY by parties (names):

2. Complaint and cross-complaint (to bfiJ answered by plaintiffs and cross-comp/ainants only)

a. The cornplelnt was filed on (date); 6/1712010-

b. D The croes-ccrnplalnt, if any. was filed on (date);

3. Service (to be answered by plaintiffs and cross-complainents only)

a. m All parties named in the complaint and cross-complaint have been served, or have appeared. or have been dismiss ad.

b. D· The following pertres named in the complaint or cross-ccmplalnt

{1) D have not been served {spedfy names and explain why not}:

. (2) 0 have been s9,Ned but have not appeared and have not be~n dismissed (specifY names): (3) CJ have had a default entered agaInst them (specify names):

c. CJ The following additional parties may be added (specify names, nature of Involvement In case, and the data by which they may be served):

4. Description of case

a. Type of case In [l] complaint 0 cross-complaint (DEtscrib&, includIng causes of ac:tion):

Elections Contest; alIeged Elections Fraud; alleged Voter Fraud.

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CASE MANAGEMENT STATEMENT

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CM·110

30-20 I 0-00381664-CU~ F·R -CJC

CASE NUMBER:

PLA1NTlFFIPETITIONER: ORLY TAlTZ r-DEFENDANT/RESPO N DENT: DAMON DUNN

4. b. Provide a brief statement of the case, including any damages. (If personal Injury damages are sought, specify the fTpjUIY and damages claimed, including medical expenses to date [Indicate source and amountj. estimated future medical expenses, lost earnIngs to date, and estimated futu~ lost earnings. Ifequltable relfef Is sought, describe the nature of the rafief.)

Contestant appears to contest Defendant Dunn' s nomination as the Republican nominee for Secretary of . State at the June 8, 2010 Direct Primary Election on the grounds that he was ineligible to hold said

office under Elections Code section 16440, subdivision (a); and that he committed offenses against the elective franchise as defined in Division 18 of the Elections Code (commencing with section 18000) under Elections Code section 16440, subdivision (b). There is no basis for these claims, the matter is

now moot as the election was certified about 6 months ago, and the Statement of Election Contest

should be dismissed or denied.

o (If more space is needed, check this box and stJach a page designated as Attachment 4b.)

5. Jury or nonjury trial

The party or parties request 0 a jury trial m a nonjury trial. requesting 8 JulY trial):

(If more than one party, provide the name of each patty

6. Trial date

a, 0 The tnal has been set for (date); .

. b. [l] No trlal 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. Dales on whIch parties or attorn eys Will not be available for trial (specify dates and explain reasons for unavaffablffly):

7. Estimated length oftrlaJ

The party or partieis astimate that the trial will take (check one):

a, m days (specify number): 1

b. D hours (short causes) (specify);

8. Trial reprasentaUon (to be answered for each party)

The party or partfes will be represented at trIal m by the attomey or party listed in the captlon D by the following:

a. Attorney:

b. FIrm:

c. Address:

d. Telephone number:

e. Fax number:

f. E-mail address:

g. Party represented:

o Additional representation Is described In Attachment 8 ..

9. Preference

o This case Is entltled to preference (specify coda section):

10. Alternative D[iP~i Resolution (ADR) .

s. Counsel has D has not provided the ADR information package identified In rule 3.221 to the client and has

reviewed ADR options wlth the client

b. 0 All parties have agreed to a form of ADR ADR will be completed by (data): c, 0 The case has gone to an ADR process (indicate status):

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CASE MANAGEMENT STATEMENT

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CM-110

PlAINTIFFIPETmON5R: ORL Y TAITZ I-DEFENOANT/RESPONDENT: DAMON DUNN

30-2010-00381664-CU-FR-CJC

10. d. The party or parties are willing to participate In (check aU that apply): (1) 0 Mediation

(2) D Nonbinding Judicial arbitration under COde of ClvJl Procedure section 1141.12 (discovsf)' to close 15 days before arbitration under cal. Rules of Court, rule 3.822)

(3) 0 Nonbinding Judicial arbitration under Code of CiVil Procedure seellon 1141.12 (discovery to ~main open until 30 days

before trial; order required under Cal. Rules of Court, rule 3.822) (4) 0 Binding Judicial arbitration

(5) 0 Binding priVate arbitration

(6) 0 Neutral case evaluation

(7) 0 Other (specify):

e. 0 This matter is sublect to m andarory Judlcfal arbitration because the amount In controvarsy does not exceed

. the statutory limit. .

f. D Plaintlff elects to refer this case to Judicial arbltrallon and agrees to Ilmlt recovery to the amount speclfled In Code of Civil Procedure section 1141.11.

g. 0 This case is exempt from judldal arbitration under rule 3.811 of the Califomia Rules of Court (specify exemption):

11, Settlement confentne&

o The party or parties are willing to participate in an early settlement conference (specify when):

12. Insurance

8. 0 Insurance carrier. if any, for party filing this statement (name):

b. Reservation of rights: DYes 0 No

c. 0 Coverage issues will significantly affect resolution of this case (explaIn):·

13. Jurisdiction

Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the stews.

D Bankruptcy 0 Other (specify):

Status:

14. Related cases, consolidation, and coordInation

a. D There are companion. underlying, or related cases. (1) Name of case:

(2) Name o(court

(3) Case number:

{4) Status:

D Additional cases are described in Attachment 14a.

b. 0 A motlon to D consolidate 0 coordinate

will be filed by (nam9 party):

15. BIfurcation

o The party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues Of causes of action (specify moving party, type of motion,and reasons):

16. Other motions

m The party or partles expect to file the following motions before trial (specify moving party, type or motion, S/ld issues):

Motion to Dismiss or similar motion.

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CASE MANAGEMENT STATEMENT

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CM·110

PLAINTIFF/PETITIONER; ORL Y T AITZ ~EFENDANTJRESPONDENT: DAMON DUNN

CASE-NUMBER:

30-2010-00381664-CU-FR-CJC

17. Discovery

a, [l] The party or parties have completed all disCQvery.

b. c::J The following discovery will be completed by the date specified (describe a/I anticipated discovery):

~ Description Date

. c. 0 The following dlscovery Issues are anticipated (specify}:

18. E.conornic litigation

a. 0 This is a limited civil case [l.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90 through 98 will apply to this case.

b; D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additlonar discovery wfll be fiied (if checked, explain specificslly why economic litigation procedures relating to discovery or tnal . should not apply to this case):

19. Other Issues

D The party or parties request that the foliowlng additional matters be considered or determined at the case management conference (specify):

20. Meet and confer

a. m The party or parties have met and conferred w1th all parties on aU subjects requlred by rule 3.724 of the California Rules

of Court (If not, explain): .

b. After meeting and conferrIng as requ1red by rule 3.124 of the California Rules of Court, the parties agree on the following (specify):

21, Total number of pages attached (if any): 0

I am completely familiar with this case and will be fully prepared to discuss the status of dIscovery and ADR. as well as other rssues 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.

Dale: 12127/10

BRIAN T. HILDRETH

{TYpe OR PRUIITNAMEI

~~--~~~~~~-----(SII3NATIlRE OF PARTY OR "TIORNEY)

o Additional Signatures are attached.·

(mE OR "flINT NAME)

CM-t I 0 [ReV. JMuary I, 2OOlI1

CASE MANAGEMENT STATEMENT

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1 2

I, the undersigned, declare under penalty of perjury that:

PROOF OF SERVICE .

3

I am a citizen of the United: States. over the age of 18. and not a party to the within cause .

4 of action. My business address is 455 Capitol Mall, Suite 801, Sacramento, CA 95814.

5 On December 27, 2010, I served the following:

6 • Case Management Statement

7 on the following party(ies) in said action:

8 Dr. Orly Taitz, Esq.

29839 Santa Margartia Parkway,

9 Suite 100

Rancho Santa Margarita, CA 92688

10 Telephone: (949) 683-5411 Facsimile: (949) 766-7603

11 Email: dr_taitz@yahoo.com

12

Plaintiff, In Pro Per

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

BY U.S. MAll...: By placing saiddocument(s) in a sealed envelope and depositing said envelope, with postage thereon fully prepaid, in the United States Postal Service mailbox in Sacramento, California, addressed to said partyties), in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date aT postage meter date is more than one day after date of deposit for mailing in affidavit.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on December 27, 2010 at Sacramento, California.

n J . ~ ~

01tM.-n-m U '!:';)

HANNONDIAZ

1

Proof of Service