/ ^

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

O
F X NO. (Optional): 9 4 9 8 5 1 9 3 3 3 A

CM-110
FOR COURT USE ONLY

Michael J. Collins, Bar No. 655506 ""Julian B. Bellenghi, Bar No. 129942 COLLINS & BELLENGHI, LLP. 1300 Quail Street, Suite 207 Newport Beach, CA 92660
TELEPHONED.: 9 4 9 8 5 1 - 9 3 1 1
E-MAIL ADDRESS (Optional): j b b @ c o l l i n s a n d b e l l e n g h i . c o m ATTORNEY FOR (Name): S O . C a l . D J S t . C o u n c i l o f t h e A . O . G . SUPERIOR COURT OF CALIFORNIA, COUNTY OF R i v e r s i d e STREET ADDRESS: 4 0 5 0 M a i n Street MAILING ADDRESS: 4 0 5 0 M a i n S t r e e t

IFDLI©
UN 13 2008
as
CD
CO

CITYANDZIPCODE:Riverside, CA 9 2 5 0 1 BRANCHNAME:Riverside B r a n c h

PLAINTIFF/PETITIONER:Southern C a l i f o r n i a D i s t r i c t C o u n c i l o f t h e AOG a n d New H o p e F a m i l y W o r s h i p C e n t e r DEFENDANT/RESPONDENT: KENNETH M. PETERS a n d ALAN R . SPITALNICK
CASE MANAGEMENT STATEMENT (Check one): [ x j UNLIMITED CASE (Amount demanded exceeds $25,000) • LIMITED CASE (Amount demanded is $25,000 or less)
CASE NUMBER:

avaglfon<

RIC

482762

A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: J u l y 1 , 2008 Time: 8 : 3 0 Dept: 5 Div. Room:

Address of court (if different from the address above):

INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. I x 1 This statement is submitted by party (name):So. Cal. Dist. b. 1 I This statement is submitted jointly by parties (names): Counsel a n d New Hope

2.

Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): O c t o b e r 1 1 , 2 0 0 7 b. I x 1 The cross-complaint, if any, was filed on (date): D e c e m b e r 3 , 2 0 0 7 Service (to be answered by plaintiffs and cross-complainants only) a. I x I All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. I I The following parties named in the complaint or cross-complaint (1) (2) (3) c. I I I I I have not been served (specify names and explain why not): I have been served but have not appeared and have not been dismissed (specify names): I have had a default entered against them (specify names):

3.

I The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served):

4.

Description of case a. Type of case in fx~l complaint

^__^ I i cross-complaint

(describe, including causes of action):

Plaintiffs allege causes of action for quiet title to real property; declaratory relief and an accounting.
Page 1 of 4 Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. January 1, 2005]

CASE MANAGEMENT STATEMENT

Sol

M

Cal. Rules of Court, rule 212

f\
PLAINTIFF/PETITIONER: S o u t h e r n C a l i f o r n i a D i s t r i c t _ o f t h e AOG a n d New H o p e F a m i l y W o r s h i p C e n t e r DEFENDANT/RESPONDENT:KENNETH M. PETERS a n d ALAN R. SPITALNICK
4. b.

Council

CASE NUMBER:

RIC

482762

Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and

I
5.

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.) T h i s c a s e a r i s e s from a c h u r c h s c h i s m . Southern C a l i f o r n i a D i s t r i c t Council i s a r e g i o n a l g o v e r n i n g b o d y of t h e A s s e m b l i e s of God. New Hope F a m i l y W o r s h i p C e n t e r i s a n AOG a f f i l i a t e d c h u r c h . D e f e n d a n t P e t e r s was New H o p e ' s P a s t o r a n d S p i t a l n i c k was a b o a r d member. I n A u g u s t 2 0 0 7 , P e t e r s and S p i t a l n i c k a t t e m p t e d t o d i s a f f i l i a t e New Hope from t h e A s s e m b l i e s of God. On A u g u s t 1 5 , 2 0 0 7 , D i s t r i c t C o u n c i l , a s p e r m i t t e d by i t s C o n s t i t u t i o n and Bylaws a n d t h o s e of New Hope, d i s m i s s e d S p i t a l n i c k a s p a s t o r , r e p l a c e d c e r t a i n of New H o p e ' s o f f i c e r s a n d b o a r d members a n d a s s u m e d d i r e c t c o n t r o l of New Hope. P e t e r s and S p i t a l n i c k c o n t e n d t h a t t h e y a r e t h e t r u e New Hope c h u r c h a n d c l a i m t i t l e t o t h e c h u r c h p r o p e r t y , w h i c h i s l o c a t e d i n Corona. D i s t r i c t C o u n c i l r e q u e s t s t i t l e be q u i e t e d i n i t s f a v o r and an a c c o u n t i n g of New H o p e ' s a s s e t s from P e t e r s and S p i t a l n i c k . I (If more space is needed, check this box and attach a page designated as Attachment 4b.)

Jury or nonjury trial The party or parties request requesting a jury trial):

I

I a jury trial I x 1 a nonjury trial

(if more than one party, provide the name of each party

6.

Trial date a. | ~| The trial has been set for (date): b. f x ~ | 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): J u l y 2 1 - 2 8 , 2 0 0 8 - t r i a l LASC S a n P e d r o D e p t . 8 8 C ; O c t . 2 8 - N o v . 8 , 2 0 0 8 t r i a l LASC C e n t r a l D e p t . 3 4 ; D e c . 1 5 - 2 2 , 2 0 0 8 - t r i a l LASC C e n t r a l D e p t . 3 8

7.

Estimated length of trial The party or parties estimate that the trial will take (check one): a. I x I days (specify number): 5 - 7 d a y s b. I ~l hours {short causes) (specify):

8.

Trial representation (to be answered for each party) The party or parties will be represented at trial I x i by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address: d. Telephone number: e. Fax number: f. E-mail address: g. Party represented: I 1 Additional representation is described in Attachment 8.

1

I by the following:

9.

Preference 1 I This case is entitled to preference (specify code section):

10. Alternative Dispute Resolution (ADR) a. Counsel [~x~| has I I has not reviewed ADR options with the client. c. I

provided the ADR information package identified in rule 201.9 to the client and has

b. | ~ ~ l All parties have agreed to a form of ADR. ADR will be completed by (date): 1 The case has gone to an ADR process (indicate status):

CM-110 [Rev. January 1, 2005]

CASE MANAGEMENT STATEMENT

Page 2 of 4

PLAINTIFF/PETITIONER: S o u t h e r n C a l i f o r n i a D i s t r i c t _of t h e AOG a n d New H o p e F a m i l y W o r s h i p C e n t e r DEFENDANT/RESPONDENT:KENNETH M. PETERS a n d ALAN R. SPITALNICK

Council

CASE NUMBER:

RIC

482762

10. d. The party or parties are willing to participate in (check ail that apply): (1) I x I Mediation (2) [ | Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15days before arbitration under Cal. Rules of Court, rule 1612) (3) I I Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 1612) (4) I I Binding judicial arbitration (5) I I Binding private arbitration (6) I I Neutral case evaluation (7) • Other (specify):

e. HCU This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. i I 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. 9- [ x H This case is exempt from judicial arbitration under rule 1601(b) of the Califonnia Rules of Court (specify exemption):

The complaint alleges claims for equitable relief
11. Settlement conference ExJ The party or parties are willing to participate in an early settlement conference (specify when): D e c e m b e r 12. Insurance a. | ^ ] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: I I Yes I I No 2008

c. L_J] 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 status. [ | Bankruptcy SZZ] Other (specify): Status: 14. Related cases, consolidation, and coordination a. Lx j There are companion, underlying, or related cases.

i
15.

(1) Name o case: Premier Bank v. New Hope and So. Cal. Dist. Council f 2) Name of court: R i v e r s i d e S u p e r i o r 3) Case number: R I C 4 8 3 2 6 0 - i n t e r p l e a d e r a c t i o n 4) Status: B a n k h a s b e e n d i s c h a r g e d a n d d e p o s i t e d d i s p u t e d f u n d s w i t h c o u r t .
will be filed by (name party):

["._. J Additional cases are described in Attachment 14a. b. L_J A motion to \ ~| consolidate I I coordinate

Bifurcation C I I ] 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):

16. Other motions i~x~| The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): D i s t r i c t C o u n c i l c o n t e m p l a t e s a m o t i o n f o r summary j u d g m e n t on i t s quiet t i t l e and d e c l a r a t o r y r e l i e f claims

CM-110 [Rev. January 1, 2005]

CASE MANAGEMENT STATEMENT

Page 3 of 4

r^
PLAINTIFF/PETITIONER: S o u t h e r n C a l i f o r n i a D i s t r i c t C o u n c i l o f t h e AOG a n d New H o p e F a m i l y W o r s h i p C e n t e r DEFENDANT/RESPONDENT: KENNETH M. PETERS a n d ALAN R . SPITALNICK
CASE NUMBER:

RIC

482762

17. Discovery a. I I The party or parties have completed all discovery. b. I x I The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date

So. Cal. Dist. Council

additional deposition and written discovery

Nov. 2008

c.

The following discovery issues are anticipated (specify):

18. Economic Litigation a. I I 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 through 98 will apply to this case. b. I I 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):

19. Other issues E Z ] The party or parties request that the following additional matters be considered or determined at the case management conference (specify):

20. Meet and confer a. I x I The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of Court (if not, explain):

b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following (specify):

21. Case management orders Previous case management orders in this case are (check one): 22. Total number of pages attached (if any):

I x I none

I

I attached as Attachment 21.

I am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, as well as other issues raised by this statement, and will possess the authority to enter into stipulations^oojjiese issues at t h ^ i m e of the casejnanagement conference, including the written authority of the party where required.

Date: J u n e 1 3 , Julian

2008

B. Bellencrhi
(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. Januaray 1. 2005]

CASE MANAGEMENT STATEMENT

Page 4 of 4

r**
1 2 3 STATE OF CALIFORNIA 4 COUNTY OF ORANGE 5 6 7 8 9 10 11 12 13 14 15 16 17 X 18 19 20 21 22 By: 23 24 25 26 27 28 X
SS

0

RE:

SCDC and NEW HOPE FAMILY WORSHIP CENTER v. PETERS, SPITALNICK, et al Case No. CASE NO. RIC 482762 File No. AOG-8 PROOF OF SERVICE

I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 1300 Quail Street, Suite 207, Newport Beach, CA 92660. On June 13, 2008, I served the document(s) described as: CASE MANAGEMENT STATEMENT by placing a copy thereof enclosed in a sealed envelope and addressing it as follows: CHRISTOPHER M. CULLEN LANAK & HANNA, P.C. 400 N. Tustin Ave, Suite 120 Santa Ana, CA 92705 Attorney for Defendants and Cross-Complainants, KENNETH M. PETERS, JR.and ALAN R. SPITALNICK

I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Newport Beach, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (By U.S. Mail) I deposited such envelope in the mail at Newport Beach, California. The envelope was mailed with postage thereon fully prepaid. Executed on June 13, 2008 at Newport Beach, California. (State) I declare that the foregoing is true and correct. Executed on June 13, 2 008^a.t_Newport Beach, California.

n B. Bellenghi

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