Leahy v. CMH Homes, Inc.

Filing 27

ORDER signed by Senior District Judge Kimberly J. Mueller on 03/11/25 SETTING the following dates: Discovery due by 6/26/2025; Designation of Expert Witnesses due by 7/7/2025; Status Conference set for 7/10/2025 at 02:30 PM VIA ZOOM before Senior District Judge Kimberly J. Mueller; and Evidentiary Hearing set for 8/4/2025 at 09:00 AM in Courtroom 3 (KJM) before Senior District Judge Kimberly J. Mueller. (Deputy Clerk KML)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Linda Leahy,

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Plaintiff,

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No. 2:24-cv-01855-KJM-CKD
ORDER

v.
CMH Homes, Inc.,

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Defendant.

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Plaintiff Linda Leahy and defendant CMH Homes, Inc., have submitted a Joint Statement

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for an Evidentiary Hearing. ECF No. 26. Having taken it into consideration, the court orders as

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follows.

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ISSUE IN DISPUTE

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The only issue in dispute at the hearing is whether Leahy signed the Binding Dispute

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Resolution Agreement (BDRA) with CMH Homes.

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UNDISPUTED FACTS

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• CMH is a retailer of manufactured housing.

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• On or about October of 2022, Plaintiff reached out to CMH to inquire about purchasing

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a manufactured home from CMH, which would be installed in the Casa Mobile Park in West

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Sacramento, California.

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• After discussing the matter, reviewing information on the proposed home, and coming

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back to view the Casa Mobile Park, Plaintiff agreed to purchase a manufactured home from CMH

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for $140,594.29.

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• Plaintiff purchased the home as Trustee of The Linda G. Leahy 2020 Revocable Trust.

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• On or about November 18, 2022, Plaintiff signed a Manufactured Home Purchase Order

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and Federal Disclosure Statement, wherein she ordered a new manufactured home from CMH to

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be installed at the Casa Mobile Park.

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• At the time the purchase order was signed, the home was still under construction.

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• In March of 2023, Plaintiff came back and sat down with Julie Campbell, a CMH sales

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person, who provided certain agreements that needed to be signed.

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• Plaintiff reviewed the documents that were provided to her and signed certain documents
after her review was completed.

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• As part of the purchase of the home from CMH, Plaintiff provided check number 2588,

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in the amount of $1,000.00 dated November 18, 2022, from Account Number 000148140038 at

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Bank of America made payable to Placer Title Company.

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• As part of the purchase of the home from CMH, Plaintiff provided check number 102 in

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the amount of $5,000.00 dated December 10, 2022, from account number 440034108017, at

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Charles Schwab Bank, SSB, made payable to Placer Title Company.

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DISPUTED FACTUAL ISSUES

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• Plaintiff disputes that she was at CMH’s office on March 24, 2023.

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• Plaintiff disputes that she signed a Power of Attorney in favor of Placer Title Company.

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• Plaintiff disputes that she signed the BDRA.

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• Plaintiff disputes that she signed any documents in connection with the purchase of the

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home from CMH on March 24, 2023.

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• At the time of filing this Joint Statement, Plaintiff claims she does not recall the specific

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documents that she signed when meeting with Ms. Campbell in March of 2023.

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• CMH contends that Plaintiff provided to CMH as part of the purchase a notarized

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General Assignment and Transfer for the Linda G. Leahy 2020 Revocable Trust, dated

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October 29, 2020, and signed by Plaintiff.

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• CMH contends Plaintiff signed the following documents on March 24, 2023, as part of
her purchase of the home from CMH:

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• Affiliated Business Arrangement Disclosure Statement

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• Declaration of Delivery Sale, dated March 24, 2023

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• Sales Agreement, which was dated March 24, 2023, and attached as Exhibit 1 to her

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First Amended Complaint

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• A document entitled The Housing Financial Discrimination Act of 1977 Fair
Lending Notice, dated March 24, 2023

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• Homeowner’s Insurance Quote, dated March 24, 2023

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• A document entitled Welcome Home Image Release, consenting to the Welcome

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Home Image Release, dated March 24, 2023

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• American Bankers Insurance Company of Florida, Specialty Homeowners Program
Application-California, dated March 24, 2023

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• Lender Choice Form, dated March 24, 2023

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• Retailer Closing Agreement, dated March 24, 2023

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• Notice of Department of Housing and Urban Development (HUD) Manufactured

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Home Dispute Resolution Program, dated March 24, 2023

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• Buyer’s Cash Disclosure, dated March 24, 2023

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• Acknowledgement of Receipt of Disclosure Regarding Adequate Water Pressure For

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Fire Sprinklers, dated March 24, 2023

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• California Amendment to Sales Agreement, dated March 24, 2023

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• Retail Installation Disclosure, dated March 24, 2023

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• Certification of Exemption for Mobilehome Residence Purchase, dated March 24,

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• Home Protection Plan Coverage, dated March 24, 2023
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• Declaration of Deliver of Sale, dated March 24, 2023

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• Buyer(S) Estimated Closing Statement, from Placer Title Company, prepared

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March 23, 2023

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• Dealer Mobile Home Escrow Instructions, Dated March 23, 2023

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• Mother Lode Holding Company and its Subsidiaries Notice of Collection and

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Privacy Policy, dated March 24, 2023
• Multipurpose Transfer Form in two places
WITNESSES
The following witnesses may be called by either the plaintiff or the defendant:

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1. Linda Leahy

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2. Julie Campbell

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3. Daniel Grossi

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4. Plaintiff’s handwriting expert

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5. Defendant’s handwriting expert

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EXHIBITS, SCHEDULES AND SUMMARIES

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The potential exhibits for both parties are the following:

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• General Assignment and Transfer for the Linda G. Leahy 2020 Revocable Trust, dated

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October 29, 2020

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• Affiliated Business Arrangement Disclosure Statement

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• Declaration of Delivery Sale

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• Sales Agreement

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• The Housing Financial Discrimination Act of 1977 Fair Lending Notice

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• Homeowner’s Insurance Quote

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• Welcome Home Image Release

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• American Bankers Insurance Company of Florida, Specialty Homeowners Program

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Application-California

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• Lender Choice Form

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• Retailer Closing Agreement
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• Notice of Department of Housing and Urban Development (HUD) Manufactured Home
Dispute Resolution Program

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• Buyer’s Cash Disclosure

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• Acknowledgement of Receipt of Disclosure Regarding Adequate Water Pressure For

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Fire Sprinklers

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• California Amendment to Sales Agreement

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• Retail Installation Disclosure

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• Certification of Exemption for Mobilehome Residence Purchase

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• Home Protection Plan Coverage

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• Declaration of Deliver of Sale

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• Check number 2588, in the amount of $1,000.00 dated November 18, 2022, from

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Account Number 000148140038 at Bank of America made payable to Placer Title Company

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• Check number 102 in the amount of $5,000.00 dated December 10, 2022, from account

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number 440034108017, at Charles Schwab Bank, SSB, made payable to Placer Title Company

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• Buyer(S) Estimated Closing Statement, from Placer Title Company

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• Dealer Mobile Home Escrow Instructions

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• Mother Lode Holding Company and its Subsidiaries Notice of Collection and Privacy

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Policy

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• Multipurpose Transfer Form in two places.

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• Power of Attorney in favor of Placer Title Company

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• Communications between Plaintiff, CMH, and Casa Mobile Home Park

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At the hearing, plaintiff’s exhibits shall be listed numerically. Defendant’s exhibits shall

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be listed alphabetically, first A, B, C, etc., then AB, AB, AC, etc., then BA, BB, BC, and so on

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through ZZ. The court encourages the parties to generate a joint exhibit list to the extent possible.

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Joint Exhibits shall be identified as JX and listed numerically, e.g., JX-1, JX-2. All exhibits must

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be premarked. The parties must prepare exhibit binders for use by the court at the evidentiary

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hearing, with a side tab identifying each exhibit in accordance with the specifications above.

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Each binder shall have an identification label on the front and spine. The parties must exchange
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exhibits no later than twenty-eight days before the evidentiary hearing. Any objections to

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exhibits are due no later than fourteen days before the evidentiary hearing.

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DEPOSITION TRANSCRIPTS

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Counsel must lodge the sealed original copy of any deposition transcript to be used at the

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evidentiary hearing with the Clerk of the Court on the first day of the evidentiary hearing.

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FURTHER DISCOVERY OR MOTIONS

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The parties have requested limited discovery on the question of whether Leahy signed the

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BDRA. They may conduct discovery on the issue of whether Leahy signed the BDRA through

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June 26, 2025. Any proposed changes to the witness or exhibit list as a result of discovery

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must be submitted to the court by July 7, 2025.

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STATUS CONFERENCE

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The parties have requested a status conference prior to the evidentiary hearing and the

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court grants the request. The status conference will take place virtually on July 10, 2025, at

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2:30 p.m.

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EVIDENTIARY HEARING DATE AND ESTIMATED LENGTH OF
HEARING

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An evidentiary hearing is set for August 4, 2025 at 9:00 a.m. in Courtroom Three before
the Honorable Kimberly J. Mueller. The evidentiary hearing is expected to last one day.
IT IS SO ORDERED.
DATED: March 11, 2025.

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