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CM-1 10
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Peter A. Kim (SBN 250470)
Law Ofce of Peter A. Kim Elmmnilly
3440 Wilshire Blvd. Suite 1208 F|LED
Los Angeles CA 90010 Cmufmatau
byuperiurCu-wtufC-allfnrnla.
DH 12/30/2021
TELEPHONE No.: (213) 387-0800 FAX No. (Optional):
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E-MAIL ADDRESS: peter@pkimlaw.com Dim ail-k
ATTORNEY FOR (Name); John and Grace Arata 2004 Trust (Specially appearing for purposes of this case)
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN MATEO
STREET ADDRESS: 400 County Center
MAILING ADDRESS: 400 County Center
CITY AND ZIP CODE: Redwood City 94063
ofJustice
BRANCH NAME: Southern Court Hall &Records
PLAINTIFF/PETITIONER: Peninsula Open Space Trust
DEFENDANT/RESPONDENT: Ernest J. McNabb, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
x ZO'C'V'02349
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January10, 2022 Time: 9:00 AM Dept: 21 Div.: Room:
Address of court (if different from the address above):
x Notice of Intent to Appear by Telephone, by (name): Peter A. Kim
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. x This statement is submitted by party (name): John and Grace Arata 2004 Trust
b. 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): June 3‘2020
b. The cross-complaint, if any, was filed on(date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. x All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. x The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) x have had a default entered against them (specify names):
Louis Arata
c. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in x complaint cross-complaint (Describe, including causes of action):
Plaintiff alleges that Defendants have violated and/or are threatening to violate a recorded conservation easement, held by
Plaintiff, which protects the conservation values of the 1,312—acre Arata Ranch. The complaint alleges violations of Civil Code
Section 815 et seq. Defendants deny the allegations of the complaint.
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F°rm“We“ f°r Mammy Use
CASE MANAGEMENT STATEMENT
Judicial Council of California Cfgigugéizggugd
CM-1 1 0 [Rev. September 1, 2021] www.courts.ca.gov
CM-1 10
PLAINTIFF/PETITIONER: Peninsula Open Space Trust CASE NUMBER:
DEFENDANT/RESPONDENT: Ernest J. McNabb, et al. 20_CIV_02349
4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and
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.)
Plaintiff, Peninsula Open Space Trust seeks injunctive relief and damages (attorney fees) for an alleged violation of a
Conservation Easement.
(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 a jury trial x a nonjury trial.(If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for(date):
b. 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. (specify dates and explain reasons for unavailability):
Dates on which parties or attorneys will not be available for trial
7. Estimated length of trial
The party or parties estimate that the trial
wi||take (check one):
a. x days (specify number): 2
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial x by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
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 x has has not provided the ADR information package identied
in rule 3.221to the client and reviewed ADR options with the client.
(2) For self-represented parties:Party has has not reviewed the ADR information package identied in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11
or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) 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 .1 1.
(3) x This case of the California Rules of Court or from civil action
is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. September 1, 2021] Page 2 of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Peninsula Open Space Trust CASE NUMBER:
DEFENDANT/RESPONDENT:Ernest J. McNabb, et al. 20-CIV-02349
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 speciedinformation):
The party or parties completing have agreed to
If the party or parties completing this form in the case
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):
x Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation x
Agreed to complete mediation by (date):
Mediation completed on (date):
x Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for(date):
x
conference Agreed to complete settlement conference by(date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for
(date):
arbitration
Agreed to complete judicial arbitration by(date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for(date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM'WREV- Sep‘embertm“
CASE MANAGEMENT STATEMENT
CM-1 10
PLAINTIFF/PETITIONER: Peninsula Open Space Trust CASE NUMBER:
DEFENDANT/RESPONDENT: Ernest J. McNabb, et al. 20_CN_02349
11. Insurance
a. Insurance carrier, if any, for party filing this statement
(name):
b. Reservation of rights: Yes No
c. Coverage issues significantly affect resolution of this case
wi|| (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case
and describe the status.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. x There are companion, underlying, or related cases.
(1) Name of case: Arata v. Arata
(2) Name of court: San Mateo County Superior Court
(3) Case number: CIV531627
(4) Status: Active
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate will be filed by (name party):
14. Bifurcation
The party or parties intend to lea 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
x (specify moving party, type of motion, and issues):
The party or parties expect to file the following motions before trial
The John and Grace Arata 2004 Trust anticipates filing a motion for summary judgment to resolve all issues raised in
the complaint.
16. Discovery
a. The party or parties have completed all discovery.
b. x The following discovery will be completed by the date specied (describe all anticipated discovery):
Party Description Date
John and Grace Arata 2004 Trust Deposition of Water T. Moore June 1, 2022
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM'WREV- sep‘embertm“
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Peninsula Open Space Trust CASE NUMBER:
DEFENDANT/RESPONDENT: Ernest J. McNabb, et al. 20_CN_02349
17. Economic litigation
a. This is a limited civil case
(i.e., the amount demanded is $25,000 or less) and the economic litigation procedures inCode
of Civil Procedure sections 90-98 will apply to this case.
b. 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 specicallywhy economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
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. x 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 (ifnot, explain):
b. 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):0
l am and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
completely familiar with this case
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: December 23, 2021
Peter A. Kim
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
IRE“ sep‘ember
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CASE MANAGEMENT STATEMENT
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1 PROOF OF SERVICE
2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a
party to the within action; my business address is 3440 Wilshire Blvd. Ste. 1208, Los Angeles, California
3 90010.
4 On December 30, 2021, I served the following documents on interested parties in this action:
5 Case Management Statement
6 [XX] by placing [ ] the original [XX] a true copy thereof enclosed in a sealed envelope addressed as
follows:
7 Benjamin R. Levinson
Law Office of Benjamin R. Levinson
8 46 N. 2nd Street
Campbell, CA 95008
9 (408) 366-2999
ben@benlevinsonlaw.com
10
David R. Duncan
11 4920 E. La Palma Avenue
Anaheim, CA 92807
12 (714) 970-9800
david@bigtoprentals.com
13
Eric Hanson
14 Bishop Law Office
213 West California Street
15 P.O. Box 337
Garfield, WA 99130
16 (509) 685-1551
ehanson@palouse.net
17
Andrew Wiegel
18 Ryan Patrick
Andrew Wiegal Law Group
19 414 Gough Street
San Francisco, CA 94102
20 (415) 552-8230
Andrew@wiegallawgroup.com
21 ryan@wiegallawgroup.com
22 Louis J. Arata
53 E. Cremetti Lane
23 Yerington, NV 89447
(209) 617-0446
24 Louiejarata@gmail.com
25 Laura Arata
Dept. of History
26 101 Social Sciences and Humanities
Oklahoma State University
27 Stillwater, OK 74078
larata@okstate.edu
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PROOF OF SERVICE
1 [XX] BY FIRST CLASS MAIL I deposited such envelope in the mail at Los Angeles, California.
The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s
2 practice of collection and processing correspondence for mailing. It is deposited with the United States
Postal Service on that same day in the ordinary course of business. I am aware that on motion of party
3 served, services is presumed invalid if postal cancellation date or postage meter date is more thanone (1)
day after date of deposit for mailing in affidavit.
4
[ ] (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of
5 the addressee.
6 [ ] BY FACSIMILE I transmitted the foregoing document by facsimile to the party(s) identified on
the attached service list by using the facsimile numbers(s) indicated. Said transmission(s) were verified as
7 complete and without error. I declare that the transmission report was properly issued by the transmitting
facsimile machine.
8
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
9 and correct.
10 Executed on December 30, 2020 at Los Angeles, California.
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Eric H. Choi
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PROOF OF SERVICE