Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
BRIAN C. CARTER, ESQ. 139456
CARTER RICH PC
305 N. MAIN STREET
UKIAH, CA 95 4 8 2
TELEPHONE NO. ( 707 ) 4 6 2 - 6 6 94 ( 707 )
FAX NO. (Optiona /) 4 62 - 783 9
E-MAILADDREss bcarter@carterrichpc.com
ATTORNEY FOR (Name): p 1 a int i
ff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
STREET ADDRESS 600 ADMINISTRATION DRIVE
MA ILING AD DRESS:
SANTA
CITY AND ZIP CODE: ROSA, CA 95401
BRANCH NAME:
PLAINTIFF/PETITIONER: SUSAN FOPPIANO VALERA,
DEFENDANT/RESPONDENT: LOUIS FOPPIANO' et al.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): !XI UNLIMITED CASE D LIMITED CASE SCV 269355
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows :
Date: May 19, 2022 Time : 3: 00 p. m Dept.: 17 Div. : Room :
Address of court (if different from the address above):
!XI Notice of Intent to Appear by Telephone, by (name): Brian C. Carter [ Zoom]
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. !XI This statement is submitted by party (name) : Susan Foppiano Valera
b. D This statement is submitted jointly by parties (names) :
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): Fi r st Amdended 10/1/21
b. D The cross-complaint, if any, was filed on (date) :
3. Service (to be answered by plaintiffs and cross-complainants only)
a. !XI All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not) :
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
c. D 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 IX) complaint D cross-complaint (Describe, including causes of action):
First-amended complaint for partition of real property, accounting
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rul es of Court,
lilCEB'I Essential
Judicial Council of California rules 3.720-3.730
www.courts.ca.gov
ceb.com
CM-110 IRev. September 1, 2021 ) Q] Forms·
CM-110
PLAINTIFF/PETITIONER: VALERA CIISE NUMBER:
SCV-269355
DEFENDANT/RESPONDENT: FOPPIANO
4. 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, Jost
earnings to date,and estimated future Jost earnings. If equitable relief is sought, describe the nature of the relief)
Suit for partition by sale of residential parcel in Healdsburg, and
accounting.
~ (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 D a jury trial IX) a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial) :
6. Trial date
a. D The trial has been set for (date) :
b. IX) 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):
April 14, 2022 PTC Mendo ; April 18-22 - Tr ial Mendocino County; May 12 - PTC Mendo ; May 1 6-20
Trial Mendocino Co unt y; July 14-PTC Mendo ; July 18-2 2 Trial Mendo. County; Aug 11 PTC
Mendocino County; August 15-20 Trial Mendocino Co unty;
7. Estimated length of trial August 17- 22 , 2 022 Trial
Thepartyorpartiesestimatethatthetrialwilltake(checkoneJ: Mendocino County; Oct. 3 1-Nov . 4,
a. IX) days (specify number) : 5 2 022 Trial Mendocino County
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial IX) by the attorney or party listed in the caption D by the following :
a. Attorney:
b. Firm:
c. Address :
d. Telephone number: f. Fax number:
e. E-mail address : g. Party represented :
D Additional representation is described in Attachment 8.
9. Preference
D 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 IX) has D has not provided the ADR information package identified
in rule 3.221to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party O has D has not reviewed the ADR information package identified in rule 3.221 .
b. Referral to judicial arbitration or civil action mediation (if available).
(1) 0 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11or to civil action
mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) 0 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) W This case is exempt from judicial arbitration under rule 3.811of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq . (specify exemption):
Substantial equitable relief sought
CM-110 [Rev September1,2021) CASE MANAGEMENT STATEMENT Page2of5
D CEB"II Essential
ceb.com _@ Forms·
CM-110
PLAINTIFF/PETITIONER: VALERA CASE NUMBER:
SCV-269355
DEFENDANT/RESPONDENT: FOPPIANO
10. 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) :
[XI Mediation session not yet scheduled
D
(1) Mediation w Mediation session scheduled for (date) :
D Agreed to complete mediation by (date) :
D Mediation completed on (date) :
[XI Settlement conference not yet scheduled
D
(2) Settlement
conference w Settlement conference scheduled for (date) :
D Agreed to complete settlement conference by (date) :
D Settlement conference completed on (date) :
D Neutral evaluation not yet scheduled
D Neutral evaluation scheduled for (date) :
(3) Neutral evaluation D
D Agreed to complete neutral evaluation by (date) :
D Neutral evaluation completed on (date) :
D Judicial arbitration not yet scheduled
(4) Nonbinding judicial D D Judicial arbitration scheduled for (date):
arbitration
D Agreed to complete judicial arbitration by (date) :
D Judicial arbitration completed on (date) :
D Private arbitration not yet scheduled
(5) Binding private D D Private arbitration scheduled for (date) :
arbitration
D Agreed to complete private arbitration by (date) :
D Private arbitration completed on (date) :
D ADR session not yet scheduled
(6) Other (specify) : D D ADR session scheduled for (date) :
D Agreed to complete ADR session by (date) :
D ADR completed on (date) :
CM -110 [Rev. September 1, 2021I CASE MANAGEMENT STATEMENT Page 3of5
l!I CEB"I Essentia~
ceb.com E]Forms
CM-110
PLAINTIFF/PETITIONER: VALERA CASE NUMBER:
SCV-269355
DEFENDANT/RESPONDENT: FOPPIANO
11 . Insurance
a. D Insurance carrier, if any, for party filing this statement (name) :
b. Reservation of rights : D Yes D No
c. D 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.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1) Name of case :
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate will be filed by (name party):
14. Bifurcation
D 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
IX) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues) :
See attachment
16. Discovery
a. !XI The party or parties have completed all discovery.
b. D The following discovery will be completed by the date specified (describe all anticipated discovery) :
Party Description Date
Plaintiff written discovery per CCP
Plaintiff expert d i scovery per CCP
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify) :
CM-1 10 IRev. September 1, 2021) CASE MANAGEMENT STATEMENT Page 4 of 5
D CEB'I Essential
ceb.com I 0 Forms·
CM-110
PLAINTIFF/PETITIONER: VALERA CASE NUMBER:
SCV-269355
DEFENDANT/RESPONDENT: FOPPIANO
17. Economic litigation
a. D 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. D 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
D 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. IX) 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. D 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
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 of
the case management conference, including the written authority of the party where required .
Date: May 5, 2022
Bd an c Carter
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM-110 IRev. September 1, 202 1} CASE MANAGEMENT STATEMENT Page 5 of 5
II CEs·1 Essential
ceb.com 0 Forms·
Valera v. Foppiano, Sonoma County Superior Court, Case No. SCV-269355
Attachment to May 5, 2022, Case Management Statement by
Plaintiff Susan Valera re May 19, 2022, CMC
Paragraph 4.b - Plaintiff Susan A. Foppiano Valera ("Valera") herein seeks to partition a
single parcel ofresidential real property known as 12781 Old Redwood Highway, Healdsburg
("Property"), which Property is jointly owned by Valera and her brother, sister-in-law, niece and
nephew. Valera seeks partition by sale.
One of the defendant/co-owners, Paul Foppiano, resides in the residence on the property.
He pays the property taxes but no rent. Valera receives no benefit from her ownership interest,
other than possible appreciation value, and she now desires to cash out of the property. Efforts to
date to negotiate a buy-out have been unsuccessful. Valera also seeks an accounting.
Paragraph 15 - Plaintiff On May 4, 2022, Valera filed and served a motion for summary
adjudication seeking entry of an interlocutory judgment finding the parties' interests, finding that
Valera is entitled to partition, finding that the partition shall be by sale rather than division,
appointing Tom Larson ("Larson") of Luxe Places International Realty as partition referee,
instructing Larson to market the Property, find a private buyer, and report to the court, and
ordering that Larson shall serve for a 6.0% sales commission, and without bond.
- 1 - Valera v. Foppiano
Attachment to Valera CM Stmt.
May 5, 2022
PROOF OF SERVICE BY U.S. MAIL
(Valera v. Foppiano, Sonoma County Superior Court, Case No. SCV-269355)
I am employed in the County of Mendocino, State of California. I am over the age of
eighteen years and not a party to the within action. My business address is 305 N. Main Street,
Ukiah, California.
On May 5, 2022, I served the document entitled PLAINTIFF'S CASE
MANAGEMENT CONFERENCE STATEMENT on the interested parties by placing true and
complete copies thereof, in sealed envelopes with first class postage thereon prepaid in full, in
the custody of the U.S. Postal Service, for mailing, at Ukiah, California, addressed as follows:
Edward McCutchan, Esq.
Sunderland McCutchan, LLP
1083 Vine Street, Suite 907
Healdsburg, CA, 95448
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 is executed on May J , 2022, at Ukiah,
~~&t:-
California.
Gina T. Vau
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY BRIAN C. CARTER, ESQ. 139456 CARTER RICH PC 305 N. MAIN STREET UKIAH, CA 95 4 8 2 TELEPHONE NO. ( 707 ) 4 6 2 - 6 6 94 ( 707 ) FAX NO. (Optiona /) 4 62 - 783 9 E-MAILADDREss bcarter@carterrichpc.com ATTORNEY FOR (Name): p 1 a int i ff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA STREET ADDRESS 600 ADMINISTRATION DRIVE MA ILING AD DRESS: SANTA CITY AND ZIP CODE: ROSA, CA 95401 BRANCH NAME: PLAINTIFF/PETITIONER: SUSAN FOPPIANO VALERA, DEFENDANT/RESPONDENT: LOUIS FOPPIANO' et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): !XI UNLIMITED CASE D LIMITED CASE SCV 269355 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows : Date: May 19, 2022 Time : 3: 00 p. m Dept.: 17 Div. : Room : Address of court (if different from the address above): !XI Notice of Intent to Appear by Telephone, by (name): Brian C. Carter [ Zoom] INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. !XI This statement is submitted by party (name) : Susan Foppiano Valera b. D This statement is submitted jointly by parties (names) : 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): Fi r st Amdended 10/1/21 b. D The cross-complaint, if any, was filed on (date) : 3. Service (to be answered by plaintiffs and cross-complainants only) a. !XI All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not) : (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 IX) complaint D cross-complaint (Describe, including causes of action): First-amended complaint for partition of real property, accounting Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rul es of Court, lilCEB'I Essential Judicial Council of California rules 3.720-3.730 www.courts.ca.gov ceb.com CM-110 IRev. September 1, 2021 ) Q] Forms· CM-110 PLAINTIFF/PETITIONER: VALERA CIISE NUMBER: SCV-269355 DEFENDANT/RESPONDENT: FOPPIANO 4. 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, Jost earnings to date,and estimated future Jost earnings. If equitable relief is sought, describe the nature of the relief) Suit for partition by sale of residential parcel in Healdsburg, and accounting. ~ (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 D a jury trial IX) a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial) : 6. Trial date a. D The trial has been set for (date) : b. IX) 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): April 14, 2022 PTC Mendo ; April 18-22 - Tr ial Mendocino County; May 12 - PTC Mendo ; May 1 6-20 Trial Mendocino Co unt y; July 14-PTC Mendo ; July 18-2 2 Trial Mendo. County; Aug 11 PTC Mendocino County; August 15-20 Trial Mendocino Co unty; 7. Estimated length of trial August 17- 22 , 2 022 Trial Thepartyorpartiesestimatethatthetrialwilltake(checkoneJ: Mendocino County; Oct. 3 1-Nov . 4, a. IX) days (specify number) : 5 2 022 Trial Mendocino County b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial IX) by the attorney or party listed in the caption D by the following : a. Attorney: b. Firm: c. Address : d. Telephone number: f. Fax number: e. E-mail address : g. Party represented : D Additional representation is described in Attachment 8. 9. Preference D 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 IX) has D has not provided the ADR information package identified in rule 3.221to the client and reviewed ADR options with the client. (2) For self-represented parties: Party O has D has not reviewed the ADR information package identified in rule 3.221 . b. Referral to judicial arbitration or civil action mediation (if available). (1) 0 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) 0 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) W This case is exempt from judicial arbitration under rule 3.811of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq . (specify exemption): Substantial equitable relief sought CM-110 [Rev September1,2021) CASE MANAGEMENT STATEMENT Page2of5 D CEB"II Essential ceb.com _@ Forms· CM-110 PLAINTIFF/PETITIONER: VALERA CASE NUMBER: SCV-269355 DEFENDANT/RESPONDENT: FOPPIANO 10. 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) : [XI Mediation session not yet scheduled D (1) Mediation w Mediation session scheduled for (date) : D Agreed to complete mediation by (date) : D Mediation completed on (date) : [XI Settlement conference not yet scheduled D (2) Settlement conference w Settlement conference scheduled for (date) : D Agreed to complete settlement conference by (date) : D Settlement conference completed on (date) : D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date) : (3) Neutral evaluation D D Agreed to complete neutral evaluation by (date) : D Neutral evaluation completed on (date) : D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date) : D Judicial arbitration completed on (date) : D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date) : arbitration D Agreed to complete private arbitration by (date) : D Private arbitration completed on (date) : D ADR session not yet scheduled (6) Other (specify) : D D ADR session scheduled for (date) : D Agreed to complete ADR session by (date) : D ADR completed on (date) : CM -110 [Rev. September 1, 2021I CASE MANAGEMENT STATEMENT Page 3of5 l!I CEB"I Essentia~ ceb.com E]Forms CM-110 PLAINTIFF/PETITIONER: VALERA CASE NUMBER: SCV-269355 DEFENDANT/RESPONDENT: FOPPIANO 11 . Insurance a. D Insurance carrier, if any, for party filing this statement (name) : b. Reservation of rights : D Yes D No c. D 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case : (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D 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 IX) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues) : See attachment 16. Discovery a. !XI The party or parties have completed all discovery. b. D The following discovery will be completed by the date specified (describe all anticipated discovery) : Party Description Date Plaintiff written discovery per CCP Plaintiff expert d i scovery per CCP c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify) : CM-1 10 IRev. September 1, 2021) CASE MANAGEMENT STATEMENT Page 4 of 5 D CEB'I Essential ceb.com I 0 Forms· CM-110 PLAINTIFF/PETITIONER: VALERA CASE NUMBER: SCV-269355 DEFENDANT/RESPONDENT: FOPPIANO 17. Economic litigation a. D 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. D 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 D 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. IX) 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. D 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 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 of the case management conference, including the written authority of the party where required . Date: May 5, 2022 Bd an c Carter (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 IRev. September 1, 202 1} CASE MANAGEMENT STATEMENT Page 5 of 5 II CEs·1 Essential ceb.com 0 Forms· Valera v. Foppiano, Sonoma County Superior Court, Case No. SCV-269355 Attachment to May 5, 2022, Case Management Statement by Plaintiff Susan Valera re May 19, 2022, CMC Paragraph 4.b - Plaintiff Susan A. Foppiano Valera ("Valera") herein seeks to partition a single parcel ofresidential real property known as 12781 Old Redwood Highway, Healdsburg ("Property"), which Property is jointly owned by Valera and her brother, sister-in-law, niece and nephew. Valera seeks partition by sale. One of the defendant/co-owners, Paul Foppiano, resides in the residence on the property. He pays the property taxes but no rent. Valera receives no benefit from her ownership interest, other than possible appreciation value, and she now desires to cash out of the property. Efforts to date to negotiate a buy-out have been unsuccessful. Valera also seeks an accounting. Paragraph 15 - Plaintiff On May 4, 2022, Valera filed and served a motion for summary adjudication seeking entry of an interlocutory judgment finding the parties' interests, finding that Valera is entitled to partition, finding that the partition shall be by sale rather than division, appointing Tom Larson ("Larson") of Luxe Places International Realty as partition referee, instructing Larson to market the Property, find a private buyer, and report to the court, and ordering that Larson shall serve for a 6.0% sales commission, and without bond. - 1 - Valera v. Foppiano Attachment to Valera CM Stmt. May 5, 2022 PROOF OF SERVICE BY U.S. MAIL (Valera v. Foppiano, Sonoma County Superior Court, Case No. SCV-269355) I am employed in the County of Mendocino, State of California. I am over the age of eighteen years and not a party to the within action. My business address is 305 N. Main Street, Ukiah, California. On May 5, 2022, I served the document entitled PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT on the interested parties by placing true and complete copies thereof, in sealed envelopes with first class postage thereon prepaid in full, in the custody of the U.S. Postal Service, for mailing, at Ukiah, California, addressed as follows: Edward McCutchan, Esq. Sunderland McCutchan, LLP 1083 Vine Street, Suite 907 Healdsburg, CA, 95448 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 is executed on May J , 2022, at Ukiah, ~~&t:- California. Gina T. Vau