Preview
CM-1 10
ATTORNEY OR PARTY 'MTHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Sara A Clark (SBN 273600); Aaron M. Stanton (SBN 312530)
SHUTE, MIHALY & WEINBERGER LLP
396 Hayes Street
San Francisco, California 94102
TELEPHONENO.: (415) 552-7272 FAX NO. (Optional):
(415) 552-5816
E-MAIL ADDRESS {Optional):
clark@smwlaw.com
ATTORNEY FOR (Name):
PENINSULA OPEN SPACE TRUST
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS:
400 County Center 12/21/2021
MAILING ADDRESS:
400 County Center
cIrY AND zIP cooE:
Redwood City 94063
BRANCH NAME:Southern Court: Hall of Justice & Records
PLAINTIFF /PETITIONER: PENINSULA OPEN SPACE TRUST
DEFENDANT/RESPONDENT: ERNEST J . MCNABB et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [KJ UNLIMITED CASE CJ LIMITED CASE 20-CIV-02349
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 10, 2022 Time: 9:00 a.m. Dept: 21 Div.: Room :
Address of court (if different from the address above):
[KJ Notice of Intent to Appear by Telephone, by (name): Sara A. Clark (via Zoom)
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. D This statement is submitted by party (name):
b. [KJ This statement is submitted jointly by parties (names): Peninsula Open Space Trust; Ernest J. McNabb
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): June 3, 3020
b. CJ The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [KJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [KJ The following parties named in the complaint or cross-complaint
(1) CJ have not been served (specify names and explain why not):
(2) CJ have been served but have not appeared and have not been dismissed (specify names):
(3) [KJ have had a default entered against them (specify names):
Louis Arata
c. CJ 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 [KJ complaint D cross-complaint (Describe, including causes of action):
Plaintiff alleges that Defendants have violated and/or a re 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.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720-3.730
CM-110 !Rev. July 1, 2011] www.courts.ca.gov
CM-110
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. (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, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
See Attachment 4b.
D (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. D
The party or parties request a jury trial [KJ 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. [TI 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):
Counsel for POST is unavailable March 28-April 30 (pre-booked travel).
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [KJ days (specify number): 1
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
[TI
The party or parties will be represented at trial D
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:
[TI 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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel W has D has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) D
For self-represented parties: Party 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)D 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)D 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) [KJ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CRC Rule 3.811(b)(1) (equitable relief)
CM-11 0 {Rev. July 1, 2011) Page 2 of 5
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 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 ADRindicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply):
stipulation):
D Mediation session not yet scheduled
D Mediation session scheduled for (date):
(1) Mediation D D Agreed to complete mediation by (date):
D Mediation completed on (date):
D Settlement conference not yet scheduled
(2) Settlement D Settlement conference scheduled for(date):
conference D 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
D ADR session scheduled for (date):
(6) Other (specify): D D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-110[Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER:
DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349
11. Insurance
a. II] Insurance carrier, if any, for party filing this statement (name):
Terrafirma RRG LLC (for POST)
b. D
Reservation of rights: Yes m 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. IT] There are companion, underlying, or related cases.
(1) Name of case: Peninsula Open Space Trust v. Redwood Trust Deed Services
(2) Name of court: San Mateo County Superior Court
(3) Case number: 20-CIV-02304
(4) Status: Dismissed without Prejudice, 11/23/2020
II] 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
[KJ The party or parties expect to file the following motions before trial
(specify moving party, type of motion, and issues):
If the case is not otherwise resolved, Plaintiff anticipates filing a motion for summary judgment to resolve all issues raised in
the complaint. If the sale of the property is consummated, Plaintiff anticipates filing a motion for attorneys' fees based on the
conservation easement, Civil Code section 815.?(d), and CCP section 1021.5.
16. Discovery
a. D The party or parties have completed all discovery.
b. 0 The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written Discovery (RF As, Rags, RFPs) on Defendants July 10, 2022
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 (Rev. July 1, 2011) Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER:
DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349
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. [K] 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):
_3_ _ __
I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as w ell 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 21 , 2021
SARA A. CLARK
(TYPE OR PRIIIIT NAME)
ANDREW WIEGEL
(TYPE OR PRIIIIT NAME)
CM-110[Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
MC-025
SHORT TITLE: CASE NUMBER:
~ Peninsula Open Space Trust v. McNabb et al. 20-CIV-02349
ATTACHMENT (Number): 46- - - - - -
-
(This Attachment may be used with any Judicial Council form.)
The Arata Ranch ("property") is jointly owned by the John and Grace Arata 2004 Trust ("Arata 2004 Trust")
and by the (non-pai1y) Clarence and Lillian Arata 2002 Trust. The then-trustees of the Arata 2004 Trust, Gary
Arata, now deceased, and Defendant Louis Arata, obtained loans secured by deeds of trust for the Arata 2004
Trust's interest in the property. Defendants Louis Arata and Laura Arata, the latter as sole successor trustee to
the 2004 Arata Trust, ultimately defaulted on the loans. Defendant Ernest McNabb, as beneficiary on the deeds
of trust, and Redwood Trust Deed Services, Inc., as trustee, recorded Notices of Default and a Notice of
Trustee's Sale indicating that Mr. McNabb intended to hold a foreclosure sale of the p01tion of the property
owned by the Arata 2004 Trust.
Plaintiff Peninsula Open Space Trust ("POST") holds a Conservation Easement over the prope1ty that, among
other things, prohibits the sale of the prope1ty except as a whole. POST filed this action to prevent the
foreclosure sale of a portion of the Arata Ranch, which POST contends would violate the Conservation
Easement, and to seek other injunctive and declaratory relief. On November 5, 2020, the Court granted POST's
motion for preliminary injunction to prevent the foreclosure sale pending judgment in this action.
In April 2021, Laura Arata was replaced as successor trustee of the Arata 2004 Trust by David Duncan. On
May 5, 2021, the Court ordered the parties to ADR. Prior to the scheduled mediation, Mr. Duncan terminated
counsel for the Arata 2004 Trust and has been representing the Arata 2004 Trust himself ever since. Due to
Mr. Duncan's inability to participate in the mediation, and pursuant to POST's request, the Court excused the
parties from the ADR requirement in an order filed November 10, 2021. Although Mr. Duncan filed a notice
purpo1ting to substitute himself as a defendant in this action on April 12, 2021, POST intends to seek the
parties' agreement to file a stipulated motion to substitute Mr. Duncan, in his capacity as successor trustee, as a
defendant in this action in place of Laura Arata, in her capacity as successor trustee.
The prope1ty is also subject to a pa1tition action pending before this Court as Gary J. Arata et al. v. Lillian L.
Arata, Case No. CIV53 l 627. Plaintiff understands that the referee appointed to sell the property, the Hon.
Joseph Baifore (retired), has entered into a purchase and sale agreement for the property as a whole. Mr.
Duncan filed a motion (in the partition action) to set aside the sale that is currently scheduled to be heard
January 18, 2021.
If the sale of the property as a whole is completed and the loans paid off, the present action- with the
exception for POST's claim for attorneys' fees- could become moot.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.)
(Add pages as req uired)
Form Approved for Optional Use www.courtinfo.ca.gov
Judicial Council of California ATTACHMENT
MC-025 (Rev. July 1, 20091 to Judicial Council Form
MC-025
CASE NUMBER:
SHORT TITLE:
.- Peninsula Open Space Trust v. McNabb et al. 20-CIV-02349
ATTACHMENT (Number): _8______
(This Attachment may be used with any Judicial Council form.)
Andrew Wiegel
Ryan Patrick
Wiegel Law Group, pie
414 Gough Street
San Francisco, CA 94102
(415) 552-8230
andrew@wiegellawgroup.com
ryan@wiegellawgroup.com
Attorneys for Ernest J. McNabb
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use www.cowtinfo.ca.gov
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009] to Judicial Council Form
MC-025
CASE NUMBER:
SHORT TITLE:
,_ Peninsula Open Space Trust v. McNabb et al. 20-CIV-02349
ATTACHMENT (Number): _1_3_a_ _ _ __
(This Attachment may be used with any Judicial Council form.)
Gary J. Arata et al. v. Lillian L. Arata
San Mateo County Superior Court
Case Number CIV531627
Status: Pending
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use www.courlinfo,ca.gov
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009J to Judicial Council Form
1 PROOF OF SERVICE
2 PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al.
San Mateo County Superior Court
3 Case No. 20-CIV-02349
4 At the time of service, I was over 18 years of age and not a party to this action. I
am employed in the County of San Francisco, State of California. My business address is
5 396 Hayes Street, San Francisco, California 94102.
6 On December 21, 2021, I served true copies of the following document(s) described
as:
7
CASE MANAGEMENT STATEMENT
8
on the parties in this action as follows:
9
SEE ATTACHED SERVICE LIST
10
BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to
11 the persons at the addresses listed in the Service List and placed the envelope for
collection and mailing, following our ordinary business practices. I am readily familiar
12 with Shute, Mihaly & Weinberger LLP's practice for collecting and processing
correspondence for mailing. On the same day that the correspondence is placed for
13 collection and mailing, it is deposited in the ordinary course of business with the United
States Postal Service, in a sealed envelope with postage fully prepaid.
14
BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
15 document(s) to be sent from e-mail address Larkin@smwlaw.com to the persons at the e-
mail addresses listed in the Service List. I did not receive, within a reasonable time after
16 the transmission, any electronic message or other indication that the transmission was
unsuccessful.
17
I declare under penalty of perjury under the laws of the State of California that the
18 foregoing is true and correct.
19 Executed on December 21, 2021, at San Francisco, California.
20
21
Patricia Larkin
22
23
24
25
26
27
28
Case Management Statement
Case No. 20-CIV-02349
1 SERVICE LIST
2 PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al.
San Mateo County Superior Court
3 Case No. 20-CIV-02349
4 Benjamin R. Levinson Andrew Wiegel
Law Office of Benjamin R. Levinson Ryan Patrick
5 46 N. 2nd Street Andrew Wiegel Law Group
Campbell, CA 95008 414 Gough Street
6 (408) 366-2999 San Francisco, CA 94102
ben@benlevinsonlaw.com (415) 552-8230
7 andrew@wiegellawgroup.com
Attorneys for Redwood Trust Deed ryan@wiegellawgroup.com
8 Services, Inc.
Attorneys for Ernest J. McNabb
9
David R. Duncan Louis J. Arata
10 4920 E. La Palma Avenue 53 E. Cremetti Lane
Anaheim, CA 92807 Yerington, NV 89447
11 (714) 970-9800 (209) 617-0446
david@bigtoprentals.com louiejarata@gmail.com
12
Successor Trustee of the John and Pro Per
13 Grace Arata 2004 Trust, in Pro Per
14 Eric Hanson Laura Arata
Bishop Law Office Dept. of History
15 213 West California Street 101 Social Sciences and Humanities
P.O. Box 337 Oklahoma State University
16 Garfield, WA 99130 Stillwater, OK 74078
(509) 635-1551 larata@okstate.edu
17 ehanson@palouse.net
Attorneys for Marie Arata, Pro Per
18 Individually and as Representative of
the Estate of Gary Arata, Deceased
19
Christopher N. Andal
20 Andal Law Group
1748 W. Katella Avenue, Suite 200
21 Orange, CA 92867
(714) 770-8250
22 chris@andallaw.net
23 Attorneys for Successor Trustee, David
R. Duncan, John & Grace 2004 Arata
24 Trust, Specially Appearing in San
Mateo County Superior Court Case No.
25 CIV531627
26 1451959.2
27
28
Case Management Statement
Case No. 20-CIV-02349
Preview
CM-1 10 ATTORNEY OR PARTY 'MTHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Sara A Clark (SBN 273600); Aaron M. Stanton (SBN 312530) SHUTE, MIHALY & WEINBERGER LLP 396 Hayes Street San Francisco, California 94102 TELEPHONENO.: (415) 552-7272 FAX NO. (Optional): (415) 552-5816 E-MAIL ADDRESS {Optional): clark@smwlaw.com ATTORNEY FOR (Name): PENINSULA OPEN SPACE TRUST SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center 12/21/2021 MAILING ADDRESS: 400 County Center cIrY AND zIP cooE: Redwood City 94063 BRANCH NAME:Southern Court: Hall of Justice & Records PLAINTIFF /PETITIONER: PENINSULA OPEN SPACE TRUST DEFENDANT/RESPONDENT: ERNEST J . MCNABB et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [KJ UNLIMITED CASE CJ LIMITED CASE 20-CIV-02349 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 10, 2022 Time: 9:00 a.m. Dept: 21 Div.: Room : Address of court (if different from the address above): [KJ Notice of Intent to Appear by Telephone, by (name): Sara A. Clark (via Zoom) INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. D This statement is submitted by party (name): b. [KJ This statement is submitted jointly by parties (names): Peninsula Open Space Trust; Ernest J. McNabb 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): June 3, 3020 b. CJ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [KJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [KJ The following parties named in the complaint or cross-complaint (1) CJ have not been served (specify names and explain why not): (2) CJ have been served but have not appeared and have not been dismissed (specify names): (3) [KJ have had a default entered against them (specify names): Louis Arata c. CJ 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 [KJ complaint D cross-complaint (Describe, including causes of action): Plaintiff alleges that Defendants have violated and/or a re 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. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-110 !Rev. July 1, 2011] www.courts.ca.gov CM-110 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. (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, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) See Attachment 4b. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. D The party or parties request a jury trial [KJ 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. [TI 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): Counsel for POST is unavailable March 28-April 30 (pre-booked travel). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [KJ days (specify number): 1 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) [TI The party or parties will be represented at trial D 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: [TI 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel W has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) D For self-represented parties: Party 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)D 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)D 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) [KJ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CRC Rule 3.811(b)(1) (equitable relief) CM-11 0 {Rev. July 1, 2011) Page 2 of 5 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 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 ADRindicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): D Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation D D Agreed to complete mediation by (date): D Mediation completed on (date): D Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for(date): conference D 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 D ADR session scheduled for (date): (6) Other (specify): D D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110[Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER: DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349 11. Insurance a. II] Insurance carrier, if any, for party filing this statement (name): Terrafirma RRG LLC (for POST) b. D Reservation of rights: Yes m 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. IT] There are companion, underlying, or related cases. (1) Name of case: Peninsula Open Space Trust v. Redwood Trust Deed Services (2) Name of court: San Mateo County Superior Court (3) Case number: 20-CIV-02304 (4) Status: Dismissed without Prejudice, 11/23/2020 II] 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 [KJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): If the case is not otherwise resolved, Plaintiff anticipates filing a motion for summary judgment to resolve all issues raised in the complaint. If the sale of the property is consummated, Plaintiff anticipates filing a motion for attorneys' fees based on the conservation easement, Civil Code section 815.?(d), and CCP section 1021.5. 16. Discovery a. D The party or parties have completed all discovery. b. 0 The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery (RF As, Rags, RFPs) on Defendants July 10, 2022 c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 (Rev. July 1, 2011) Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER: DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349 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. [K] 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): _3_ _ __ I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as w ell 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 21 , 2021 SARA A. CLARK (TYPE OR PRIIIIT NAME) ANDREW WIEGEL (TYPE OR PRIIIIT NAME) CM-110[Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT MC-025 SHORT TITLE: CASE NUMBER: ~ Peninsula Open Space Trust v. McNabb et al. 20-CIV-02349 ATTACHMENT (Number): 46- - - - - - - (This Attachment may be used with any Judicial Council form.) The Arata Ranch ("property") is jointly owned by the John and Grace Arata 2004 Trust ("Arata 2004 Trust") and by the (non-pai1y) Clarence and Lillian Arata 2002 Trust. The then-trustees of the Arata 2004 Trust, Gary Arata, now deceased, and Defendant Louis Arata, obtained loans secured by deeds of trust for the Arata 2004 Trust's interest in the property. Defendants Louis Arata and Laura Arata, the latter as sole successor trustee to the 2004 Arata Trust, ultimately defaulted on the loans. Defendant Ernest McNabb, as beneficiary on the deeds of trust, and Redwood Trust Deed Services, Inc., as trustee, recorded Notices of Default and a Notice of Trustee's Sale indicating that Mr. McNabb intended to hold a foreclosure sale of the p01tion of the property owned by the Arata 2004 Trust. Plaintiff Peninsula Open Space Trust ("POST") holds a Conservation Easement over the prope1ty that, among other things, prohibits the sale of the prope1ty except as a whole. POST filed this action to prevent the foreclosure sale of a portion of the Arata Ranch, which POST contends would violate the Conservation Easement, and to seek other injunctive and declaratory relief. On November 5, 2020, the Court granted POST's motion for preliminary injunction to prevent the foreclosure sale pending judgment in this action. In April 2021, Laura Arata was replaced as successor trustee of the Arata 2004 Trust by David Duncan. On May 5, 2021, the Court ordered the parties to ADR. Prior to the scheduled mediation, Mr. Duncan terminated counsel for the Arata 2004 Trust and has been representing the Arata 2004 Trust himself ever since. Due to Mr. Duncan's inability to participate in the mediation, and pursuant to POST's request, the Court excused the parties from the ADR requirement in an order filed November 10, 2021. Although Mr. Duncan filed a notice purpo1ting to substitute himself as a defendant in this action on April 12, 2021, POST intends to seek the parties' agreement to file a stipulated motion to substitute Mr. Duncan, in his capacity as successor trustee, as a defendant in this action in place of Laura Arata, in her capacity as successor trustee. The prope1ty is also subject to a pa1tition action pending before this Court as Gary J. Arata et al. v. Lillian L. Arata, Case No. CIV53 l 627. Plaintiff understands that the referee appointed to sell the property, the Hon. Joseph Baifore (retired), has entered into a purchase and sale agreement for the property as a whole. Mr. Duncan filed a motion (in the partition action) to set aside the sale that is currently scheduled to be heard January 18, 2021. If the sale of the property as a whole is completed and the loans paid off, the present action- with the exception for POST's claim for attorneys' fees- could become moot. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as req uired) Form Approved for Optional Use www.courtinfo.ca.gov Judicial Council of California ATTACHMENT MC-025 (Rev. July 1, 20091 to Judicial Council Form MC-025 CASE NUMBER: SHORT TITLE: .- Peninsula Open Space Trust v. McNabb et al. 20-CIV-02349 ATTACHMENT (Number): _8______ (This Attachment may be used with any Judicial Council form.) Andrew Wiegel Ryan Patrick Wiegel Law Group, pie 414 Gough Street San Francisco, CA 94102 (415) 552-8230 andrew@wiegellawgroup.com ryan@wiegellawgroup.com Attorneys for Ernest J. McNabb (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use www.cowtinfo.ca.gov Judicial Council of California ATTACHMENT MC-025 [Rev. July 1, 2009] to Judicial Council Form MC-025 CASE NUMBER: SHORT TITLE: ,_ Peninsula Open Space Trust v. McNabb et al. 20-CIV-02349 ATTACHMENT (Number): _1_3_a_ _ _ __ (This Attachment may be used with any Judicial Council form.) Gary J. Arata et al. v. Lillian L. Arata San Mateo County Superior Court Case Number CIV531627 Status: Pending (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use www.courlinfo,ca.gov Judicial Council of California ATTACHMENT MC-025 [Rev. July 1, 2009J to Judicial Council Form 1 PROOF OF SERVICE 2 PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al. San Mateo County Superior Court 3 Case No. 20-CIV-02349 4 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is 5 396 Hayes Street, San Francisco, California 94102. 6 On December 21, 2021, I served true copies of the following document(s) described as: 7 CASE MANAGEMENT STATEMENT 8 on the parties in this action as follows: 9 SEE ATTACHED SERVICE LIST 10 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to 11 the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar 12 with Shute, Mihaly & Weinberger LLP's practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for 13 collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 14 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the 15 document(s) to be sent from e-mail address Larkin@smwlaw.com to the persons at the e- mail addresses listed in the Service List. I did not receive, within a reasonable time after 16 the transmission, any electronic message or other indication that the transmission was unsuccessful. 17 I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. 19 Executed on December 21, 2021, at San Francisco, California. 20 21 Patricia Larkin 22 23 24 25 26 27 28 Case Management Statement Case No. 20-CIV-02349 1 SERVICE LIST 2 PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al. San Mateo County Superior Court 3 Case No. 20-CIV-02349 4 Benjamin R. Levinson Andrew Wiegel Law Office of Benjamin R. Levinson Ryan Patrick 5 46 N. 2nd Street Andrew Wiegel Law Group Campbell, CA 95008 414 Gough Street 6 (408) 366-2999 San Francisco, CA 94102 ben@benlevinsonlaw.com (415) 552-8230 7 andrew@wiegellawgroup.com Attorneys for Redwood Trust Deed ryan@wiegellawgroup.com 8 Services, Inc. Attorneys for Ernest J. McNabb 9 David R. Duncan Louis J. Arata 10 4920 E. La Palma Avenue 53 E. Cremetti Lane Anaheim, CA 92807 Yerington, NV 89447 11 (714) 970-9800 (209) 617-0446 david@bigtoprentals.com louiejarata@gmail.com 12 Successor Trustee of the John and Pro Per 13 Grace Arata 2004 Trust, in Pro Per 14 Eric Hanson Laura Arata Bishop Law Office Dept. of History 15 213 West California Street 101 Social Sciences and Humanities P.O. Box 337 Oklahoma State University 16 Garfield, WA 99130 Stillwater, OK 74078 (509) 635-1551 larata@okstate.edu 17 ehanson@palouse.net Attorneys for Marie Arata, Pro Per 18 Individually and as Representative of the Estate of Gary Arata, Deceased 19 Christopher N. Andal 20 Andal Law Group 1748 W. Katella Avenue, Suite 200 21 Orange, CA 92867 (714) 770-8250 22 chris@andallaw.net 23 Attorneys for Successor Trustee, David R. Duncan, John & Grace 2004 Arata 24 Trust, Specially Appearing in San Mateo County Superior Court Case No. 25 CIV531627 26 1451959.2 27 28 Case Management Statement Case No. 20-CIV-02349