State Farm et al vs We The People… or at least vs one Disabled Female Boomer — MEET AND CONFER, YUP!

#InsurerWars!?!  WHO KNOWS? WHO CARES? WHY?

GOT CONTRACTOR COMPLAINTS -- DEMOGRAPHICS 2020
GOT CONTRACTOR COMPLAINTS — DEMOGRAPHICS 2020

#Cahoots!

GOT CONTRACTOR COMPLAINTS – DEMOGRAPHICS – 2021 YTD thru 9 22 2021

My roof blew off my little rural house on 2/2/2019.  Having #StateFarm as an insurer seems a bit like having #Taliban members for neighbors.  State Farm seems to be very ProChina, so maybe it is more like having members of the #Chinese military as neighbors?

Dangerous, any way you look at it!

It’s shocking that the State Farm Teams of Preferred Vendors would cause my home to be without a proper tarp and without a roof replacement through the February 2019… causing unabated water intrusion throughout my home causing extreme toxic exposure and destroying most all of my household goods.

WHAT’S EVEN MORE SHOCKING, THE ADJUSTER TEAM MANAGER INSISTS THAT A FEW AIR BLOWERS AND A FEW KNOCKED DOWN WALLS, TILL APPROXIMATELY 2/19/2021 – when the water damage guys allegedly abandoned the project (but continued to ‘inspect and test for dry walls till March) as “handling the claim correctly.”

After complaints of inflating the damages to increase profits, the policy holder was successful in getting authorization to have the PreferredVendors dismissed by the Adjuster, and a field adjuster approved and negotiated with General Contractor #2.  State Farm obtained a false environmental report upon which build back was authorized.

EVERYBODY INVOLVED SEEMS PUZZLED, BAFFLED, PERPLEXED AND UNAPOLOGETIC THAT THE HOUSE ENDED UP WITH CATASTROPHIC TOXICITY … requiring further demolition and medical care for the policy holder.

THOSE EXPERTS CAN’T BELIEVE THAT 40 DAYS OF UNABATED, UNREMEDIATED WATER INTRUSION WOULD CAUSE MICROBIAL GROWTH, AND THAT COVERING IT UP WITHOUT REMOVING ALL WATER SATURATED DRY WALL AND SHEATHING WOULD CAUSE LIFE THREATENING MICROBIAL GROWTH.   Their advertisements suggest that water damage must be properly handled within 24-48 hours or risk EXTREME DAMAGE AND HEALTH HAZARDS.

THEY CAN’T CONNECT THOSE DOTS, or that is just part of the #StateFarm PreferredVendors #RICO #Playbook!

I spent yesterday emailing with a swath of defense attorneys.  It looks like we all have to get on the same page on THE OBLIGATION TO MEET AND CONFER BEFORE THE INITIAL CASE MANAGEMENT CONFERENCE …  Below is an initial attempt…  ALL 10 DEFENDANTS MUST GET TOGETHER WITH PLAINTIFF (ME) and create a Joint Statement and continued refusal could result in monetary or other sanctions.  See Guidelines for the Complex Litigation Program – Superior Court of the State of California – County of San Bernardino.


Dear All:

I have received some correspondence from both State Farm and American Environmental Group defense firms kicking off the duty to Meet and Confer, in writing, as a disability accommodation that must also likely be approved by the Court.

The correspondence addresses concerns/issues regarding the language of the First Amended Complaint, and opens discussion including demurrer and strike matters, if not resolved.

In that of the ten defendants, only two have responded in writing to date, it does appear that a postponement of the October 5, 2021 — 9 am hearing must be requested.

If Dominique Tomaino and/or Michael McGuire, representing State Farm General Insurance Company would kindly take the lead and request the postponement, until at least early December, that would be great.  If not, I will request the postponement; please let me know.  We may have to appear and request the postponement, showing what progress has been made.

Clearly, in complex litigation such as this, we all must be as prepared as possible to respect the Court’s time.

Attached is a word document (and copy pasted below) of my responses regarding the items of duty related to the Initial case management conference Rule 3.750 , 3.724 Duty to meet and confer, and Rule 5.98 Meeting and confer requirements; document exchange, as well as the issues of whether a Special Master appointment must be agreed upon and requested.

On the issue of a Special Master (page 2, starting at line 15) I do know someone who has acted as Special Master Calbar circa 2012-15, diplomat, Hawaiian Kingdom, who might be willing and able to serve in that position.  If you wish to offer other potential Special Master candidates, kindly do so by reply to all.

Without completion of the Meet and Confer, and Document Exchanges (so far, I’m the only one who has provided documents) we are at somewhat of stand-still in addressing demurrs and strikes etc, particularly since 8 parties have not yet responded.

All defense comments related to the FAC will be considered, jointly and severally, once all have been submitted, along with the answers to the Rules, listed below.

For your convenience, your defendant’s names are listed where answers are required, so you could respond back, reply all, to the Court stated issues asap, then we can move forward.

I do not yet know if Savage Construction, Geo-Earth Environmental Sampling or Rapid Dry Cleaning and Restoration will be in pro-per defendants, or if they will be retaining counsel.  There is a little more time for responses to meet deadlines.  Paul Davis Restoration, Inc. has still not been in communications, so a courtesy copy is again being sent to last known General Counsel, Laura Ferrante.

Let’s ask the Judge for a postponement till December?  And let’s see what we can accomplish between now and then?  If you have any objections, please REPLY ALL.

Please also respond directly on the attached word document regarding the Court requires that we discuss.

Thank you.

Sincerely,

Linda Ayres

e:  lindaayres311@gmail.com

blog:  GotInsuranceComplaints.com

video: InsurerWars.com

Attachments:

MEET AND CONFER, DOCUMENT EXCHANGE, CASE MANAGEMENT CONFERENCE & SPECIAL MASTER APPOINTMENT

(also pasted herewith)

PS

– Updated contact list will be sent to all parties by tomorrow; I will attempt to include dates of service so we can all at least be on the same calendar.

– Issues of strikes, demurrs, consolidations etc. will be addressed as we move forward with requirements to meet and confer — individuallly and collectively.

– Due to my disabilities, sequencing is critical to comprehension and ability to task-switch.  So, let’s get the initial questions out of the way so we can move forward… If you could respond to the attached by Friday, September 24, 2021, that will give me weekend to review and get a response back out early next week.

Distribution to Defense Counsel or Defendants, whichever is known

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY
  2. CRAWFORD CONTRACTOR CONNECTION
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS
  6. Michael Savage Construction
  7. PAUL DAVIS RESTORATION, INC
  8. Rapid Dry Cleaning and Restoration
  9. SERVPRO INDUSTRIES, INC., a Corporation
  10. State Farm General Insurance Company, A Corp

As Geo-Earth Environmental inspection report a “living document” [till paid in full, then it was deemed deceased, despite evidence of continue contamination and debris?? tsk!)  …. so let this response be also considered to be a “living document” that we can work from, toward settlement or toward a huge jury trial 

 

 

PLEASE RESPOND UNDER EACH OF THE QUESTIONS HEREWITH OR SEPARATELY, IN THE SAME FORMAT TO ENSURE ALL DUTIES AND  RESPONSBILITIES TO MEET AND CONFER ARE MET IN A MANNER IN WHICH ALL PARTIES HAVE ACCESS TO ALL PARTY’S RESPONSES:

Rule 3.750. Initial case management conference

(a) Timing of conference

The court in a complex case should hold an initial case management conference with all parties represented at the earliest practical date.

(b) Subjects for consideration

At the conference, the court should consider the following subjects:

(1)  Whether all parties named in the complaint or cross-complaint have been served, have appeared, or have been dismissed;

       AYRES: All named parties have been served

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

 

 

(2)  Whether any additional parties may be added or the pleadings may be amended;

       AYRES:  Pleadings may be amended based on initial responses from 2 defendants, so far; Additional parties may be added including but not limited to the State Farm Agent who recommended “Sue for $10,000,000….” And individual State Farm adjusters who participated in stated causes of action.

 

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(3)  The deadline for the filing of any remaining pleadings and service of any additional parties;

       AYRES:  Not there yet

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(4)  Whether severance, consolidation, or coordination with other actions is desirable;

       AYRES: Currently (9/22/2021) the named parties are a good starting point.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(5)  The schedule for discovery proceedings to avoid duplication and whether discovery should be stayed until all parties have been brought into the case;

       AYRES: Defendants seem stuck on the “Meet and Confer” requirements and Document Exchange.  Ayres has provided copies of initials and subsequent environmental reports to defendants.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(6)  The schedule for settlement conferences or alternative dispute resolution;

       AYRES: An initial structured settlement proposal has been requested of a national Structured Settlement company for the demanded $10,000,000.  It is anticipated that the defendants may mediate with one another as to scope of liability/risk in relation to their contributions to the known and unknown damages and destruction.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(7)  Whether to appoint liaison or lead counsel;

       AYRES:  Ayres proposes that State Farm defense counsel is appointed as lead counsel, as State Farm was lead in the claim management that resulted in extreme property loss, toxic exposure and distress.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(8)  The date for the filing of any dispositive motions;

       AYRES: Defer to the Court Rules experts

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(9)  The creation of preliminary and updated lists of the persons to be deposed and the subjects to be addressed in each deposition;

       AYRES:  Ayres has a preliminary and growing list that has not yet been distributed; Status of such lists by defense counsels is unknown to Ayres.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(10)  The exchange of documents and whether to establish an electronic document depository;

       AYRES: Ayres provided defense counsel with environmental reports and provided AEG with other requested and relevant documents, but has received none in return.

       Ayres inquired as to best/desired practices for transmission of documents, without response from Defendants.  Ayres will create a DropBox.com account and upon designation from each defendant of best defense email address to share it with, will begin to set up files for sharing with the entire group and separately with individual defense firms.

       Ayres is also open to recommendations of a reasonably priced legal software application in which to better serve the sharing with all parties.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(11)  Whether a special master should be appointed and the purposes for such appointment;

       AYRES:  Research indicates that such an appointment would be most desirable in this complex litigation in which Plaintiff was unsuccessful in retention of legal counsel after extensive search since losses were first evidenced in February 2019.

       “The Special Master is authorized and empowered to supervise, direct and decide discovery disputes and other discovery issues, to facilitate law and motion scheduling in coordination with any judge assigned to hear the law and motion matter, and to assure that the Court’s trial schedule is maintained.”

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(12)  Whether to establish a case-based Web site and other means to provide a current master list of addresses and telephone numbers of counsel; and

       AYRES: Ayres has provided group email list and will forward an updated spreadsheet of the master list of addresses and telephone numbers and emails of counsel ASAP

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

 

 

(13)  The schedule for further conferences.

       AYRES:  October 5, 2021 at 9 am in Superior Court is the scheduled hearing, which the Court will asked to postpone whilst the Meet and Confer and Exchange of Documents duties are met.  January 2022 may be a more appropriate hearing time.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(c) Objects of conference

Principal objects of the initial case management conference are to expose at an early date the essential issues in the litigation and to avoid unnecessary and burdensome discovery procedures in the course of preparing for trial of those issues.

 

(d) Meet and confer requirement

The court may order counsel to meet privately before the initial case management conference to discuss the items specified in (a) and to prepare a joint statement of matters agreed upon, matters on which the court must rule at the conference, and a description of the major legal and factual issues involved in the litigation.

 

Rule 5.98. Meet-and-confer requirements; document exchange

(a) Meet and confer

All parties and all attorneys are required to meet and confer in person, by telephone, or as ordered by the court, before the date of the hearing relating to a Request for Order (FL-300). During this time, parties must discuss and make a good faith attempt to settle all issues, even if a complete settlement is not possible and only conditional agreements are made. The requirement to meet and confer does not apply to cases involving domestic violence.

 

(b) Document exchange

Before or while conferring, parties must exchange all documentary evidence that is to be relied on for proof of any material fact at the hearing. At the hearing, the court may decline to consider documents that were not given to the other party before the hearing as required under this rule. The requirement to exchange documents does not relate to documents that are submitted primarily for rebuttal or impeachment purposes.

Rule 3.724. Duty to meet and confer

“Unless the court order another time period, no later than 30 days before the date set for the initial case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in rule *3.727, and in addition, to consider the following:


(1)  Resolving any discovery disputes and setting a discovery schedule;

AYRES: Defense has not provided any input of this nature, to -date.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(2)  Identifying and, if possible, informally resolving any anticipated motions;

AYRES:  State Farm and American Environmental Group have identified anticipated motions, demurs, and intentions to strike; the Duty to Meet and Confer is in progress with State Farm, and deterioriated into apparent threats and acts of Discrimination and Financial Elder abuse by American Environment Group in response to Ayres’ good faith exchange of documents; We are still in the 30 days to respond period and no other Meet and Confer are currently in progress. The Plaintiff requested the meet and confer be conducted in writing since several defense firms objected to joint permissions to record calls for memory assistance of disabled American.  The Court will likely have to approve the written Meet and Confer good faith efforts or help with other disability accommodations.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(3)  Identifying the facts and issues in the case that are uncontested and may be the subject of stipulation;

AYRES: Pending defense input.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(4)  Identifying the facts and issues in the case that are in dispute;

AYRES:  State Farm and American Environmental Group have provided disputes about how the FAC pleading was compiled and responses to those communications will be separate from this general communication on the Rules of Court regarding Meet and Confer, Exchange of Evidence etc. 

The disregard of duty items before attacking how the Complaint was written In Pro Per seems to be further evidence of Breach of the Duty of Good Faith and Fair dealing. 

It is noted, gratefully, that the State Farm initial response, received yesterday, seemed to be a good starting point. 

Defense, however, does no doubt realize, that production & exchange  of documents and discovery will likely sort out their objections, along with interrogatories.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(5)  Determining whether the issues in the case can be narrowed by eliminating any claims or defenses by means of a motion or otherwise;

AYRES: “DOES 1-250” suggests that issues may expand in discovery, recognizing that the offices of the California Attorney General, the California Department of Insurance Commissioner, the California State Licensing Board, and the National Association of Insurance Commissioners have been apprised of these matters, and provided with evidence. AG referred to CDOI Commissioner.  CDOI had State Farm investigate itself and found that the “claim was handled correctly”. CSLB claimed no jurisdiction, and recommended civil litigation.

This is why a jury trial is demanded.  How can a reasonable person believe that a simple $10,000 roof claim could escalate into a $101,000 cover up scheme, and escalate further into catastrophic damages and life threatening health damages via toxic exposure?

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(6)  Determining whether settlement is possible;

AYRES:  Ayres only wanted her home returned to pre-loss condition. The approximately $101,000 that State Farm paid to cover up the alleged crimes is a tiny pieces of the losses Plaintiff has incurred – property and health.

State Farm Agent, Bob Dunn, refused to provide any assistance to Plaintiff even though his office was kept apprised of the damages taking place by the adjuster controlled claim handling.  State Farm agent responded to tearful pleas for help with, “You’re right. They wronged you.  Lawyer up and sue for $1,000,000!  I can’t help you.  We’re busy writing fire policies for Californian’s who have been dropped by other carriers.”  

Tearfully, Plaintiff said, “ I don’t need $1,000,000 – I just need my home restored to pre-loss condition and for it to be safe again. I have been looking for legal representation; nobody will fight with State Farm for me” 

State Farm agent then dismissed the in person-meeting with, to the best of my recollection:‘You’re right. Don’t sue for $1,000,000.  Sue for $10,000,000; tell the lawyer you only need $1,000,000 and they can keep the $9,000,000.  Lawyers only work for easy money. You’ll find one if you present it like that.’

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(7)  Identifying the dates on which all parties and their attorneys are available or not available for trial, including the reasons for unavailability;

AYRES:  We’re still working on Meet and Confer and Exchange of documents.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(8)  Any issues relating to the discovery of electronically stored information, including:

AYRES:  Repeated requests to State Farm for a complete copy of the claim file have been repeatedly denied and obfuscated.  The file was needed for a Paul Davis Restoration small claims suit defense in November 2020 – requesting copies of all communications, records, payments, negotiations between State Farm, Contractor Connection and Paul Davis Restoration, who handled the claim as the designated General Contractor from February 4, 2019 through approximately March 8, 2019.  Approximately 50 pages of mostly Ayres’s communications were delivered 1 day before Small Claims Court hearing, in which Ayres prevailed.

Legal counsel that was considering representation of Plaintiff for approximately 4 months was successful in requesting the “complete claim file” in accordance with California law; approximately 4,000 pages of electronic files were transmitted – omitting almost all communications between State Farm and other defendants; providing primarily Plaintiff’s communications to State Farm, pleading for help in the obvious insurance scam taking place.  Those 4,000 pages can be made available to all parties.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(A)  Issues relating to the preservation of discoverable electronically stored information;

AYRES:  All parties are hereby noticed that all electronically stored records must be maintained until case is settled.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(B)  The form or forms in which information will be produced;

AYRES:  In light of disabilities, Plaintiff has requested printed copies/USPS mailed copies of all SERVED documents, with electronic courtesy copies.  Plaintiff does not agree to being served with anything electronically.   Plaintiff is willing to SERVE electronically, if so agreed by defense firms, individually and collectively, with all such documents also retained in a designed electronic DROPBOX

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

 

(C)  The time within which the information will be produced;

AYRES:  Since it is unclear which information must be produced, by whom, the timeline for production of documents for exchange, and for the greater PRODUCTION OF DOCUMENTS and DICOVERY is still a matter to be discussed in Meet and Confer duties.

Ayres indicates that due to disabilities, assembly and organization of documents is particularly challenging and that an extension of double or triple  the time that would generally be expected for response by a non-disabled party, would be appreciated.  Utmost priority is given by Plaintiff to accommodate all requests for input and evidence production.  Further discussion (in writing, herewith or in a similar format) is apparently necessary.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(D)  The scope of discovery of the information;

AYRES:  Dates for discovery of information would include February 2, 2019 – approximately 12 noon, on going as this is still an open case and the property has not been restored to preloss condition, nor has the Plaintiff’s health.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(E)  The method for asserting or preserving claims of privilege or attorney work product, including whether such claims may be asserted after production;

AYRES:  State Farm adjuster claimed that any communications with the other defendants was “work product” and refused, repeatedly, to provide such documentation.  Perhaps State Farm, and other defense counsel, will see the value in disclosing evidence that could lead to speedy settlement.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(F)  The method for asserting or preserving the confidentiality, privacy, trade secrets, or proprietary status of information relating to a party or person not a party to the civil proceedings;

AYRES:  Unknown if this applies at this time.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(G)  How the cost of production of electronically stored information is to be allocated among the parties;

AYRES:  So as not to incur further damages to Plaintiff in light of disabilities and need for printed matter, each party is requested to provide printed copy (the above referenced 4,000 pages of nothing-burgers cost nearly $200 for printing) along with providing electronic copies in the designated electronic file deposit site.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(H)  Any other issues relating to the discovery of electronically stored information, including developing a proposed plan relating to the discovery of the information; and

AYRES:  Further discussion required of all parties in the Meet and Confer Process.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

(9)  Other relevant matters.

AYRES:   Other relevant matters, as they arise, as the meet and confer, and exchange of evidence duties are met.

  1. AMERICAN ENVIRONMENTAL GROUP, A MCLARENS COMPANY:
  2. CRAWFORD CONTRACTOR CONNECTION:
  3. Desert Restoration, Inc. dba SERVPRO OF Palm Springs:
  4. Desert Valley Restoration, Inc dba Paul Davis Restoration:
  5. GEO-EARTH ENVIRONMENTAL SAMPLING PROFESSIONALS:
  6. Michael Savage Construction:
  7. PAUL DAVIS RESTORATION, INC:
  8. Rapid Dry Cleaning and Restoration:
  9. SERVPRO INDUSTRIES, INC., a Corporation:
  10. State Farm General Insurance Company, A Corp:

 

Rule 3.724 amended effective August 14, 2009; adopted effective January 1, 2007.

The highlighted sections above and below are clearly matters of serious concern to be addressed before moving forward.

 

 

 

 

Prepared by Linda Ayres, Plaintiff and distributed to Defendants, electronically, with a request for responses directly on this copy, with name/defendant identified so that we can discuss as a group.  If one of the defenses’ legal assistants can prepare this in a survey type format in google forms or something similar and better, that would be great.

 

Reponses to State Farm and American Environmental group private complaints about, issues with the FAC pleadings will be addressed next; I’m working on it and I expect to deliver responses by or before September 27, 2021, along with an updated CONTACT LIST for all parties.  We are still waiting to see who is representing Paul Davis Restoration, Inc., so courtesy copies are still being sent to Laura Ferrante, last known General Counsel.

 

For reference, again, a visual representation of the events, a “mind map”/ “graphic”  that opens to a larger document (4 pages) illustrates the timeline and parties involved that created this very dangerous and costly set of circumstances. It could serve to help all parties identify the risk ratio for your defense clients.

 

Because State Farm led the entire claims process, it would seem suitable that State Farm defense might lead the co-defendants discussions on Meet and Confer, and document exchanges and Special Master appointments, as well as being the ‘mouthpiece’ back to the Court regarding a need to postpone the initial hearing, until we are all on the same page with compliance with the Court Rules.

 

Sincerely,

 

 

Linda Ayres,

IN PRO PER

 

E:  lindaayres311@gmail.com

 

PS I will update the referenced master contact list and distribute tomorrow.


2021 California Rules of Court

Rule 3.750. Initial case management conference

(a) Timing of conference

The court in a complex case should hold an initial case management conference with all parties represented at the earliest practical date.

(b) Subjects for consideration

At the conference, the court should consider the following subjects:

(1)  Whether all parties named in the complaint or cross-complaint have been served, have appeared, or have been dismissed;

(2)  Whether any additional parties may be added or the pleadings may be amended;

(3)  The deadline for the filing of any remaining pleadings and service of any additional parties;

(4)  Whether severance, consolidation, or coordination with other actions is desirable;

(5)  The schedule for discovery proceedings to avoid duplication and whether discovery should be stayed until all parties have been brought into the case;

(6)  The schedule for settlement conferences or alternative dispute resolution;

(7)  Whether to appoint liaison or lead counsel;

(8)  The date for the filing of any dispositive motions;

(9)  The creation of preliminary and updated lists of the persons to be deposed and the subjects to be addressed in each deposition;

(10)  The exchange of documents and whether to establish an electronic document depository;

(11)  Whether a special master should be appointed and the purposes for such appointment;

(12)  Whether to establish a case-based Web site and other means to provide a current master list of addresses and telephone numbers of counsel; and

(13)  The schedule for further conferences.

(c) Objects of conference

Principal objects of the initial case management conference are to expose at an early date the essential issues in the litigation and to avoid unnecessary and burdensome discovery procedures in the course of preparing for trial of those issues.

(d) Meet and confer requirement

The court may order counsel to meet privately before the initial case management conference to discuss the items specified in (a) and to prepare a joint statement of matters agreed upon, matters on which the court must rule at the conference, and a description of the major legal and factual issues involved in the litigation.

Rule 3.750 adopted effective January 1, 2007.


2021 California Rules of Court

Rule 5.98. Meet-and-confer requirements; document exchange

(a) Meet and confer

All parties and all attorneys are required to meet and confer in person, by telephone, or as ordered by the court, before the date of the hearing relating to a Request for Order (FL-300). During this time, parties must discuss and make a good faith attempt to settle all issues, even if a complete settlement is not possible and only conditional agreements are made. The requirement to meet and confer does not apply to cases involving domestic violence.

(b) Document exchange

Before or while conferring, parties must exchange all documentary evidence that is to be relied on for proof of any material fact at the hearing. At the hearing, the court may decline to consider documents that were not given to the other party before the hearing as required under this rule. The requirement to exchange documents does not relate to documents that are submitted primarily for rebuttal or impeachment purposes.

Rule 5.98 adopted effective January 1, 2013.

Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 6, Request for Court Orders-Article 4, Evidence at Hearings; adopted January 1, 2013.

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