Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Timothy P. Murphy (120920)/Jordan C. Meyer (264978)
Edrington, Schirmer & Murphy
2300 Contra Costa Blvd., Suite 450
Pleasant Hill, CA 94523
TELEPHONE NO.: (925) 827-3300 FAX NO.(Optional): (925)827-3320
jmeyer@esmlawfirm.com
E-MAIL ADDRESS:
ATTORNEY FOR (Name): Napa County Office of Education
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Napa
STREET ADDRESS: 825 Brown Street
MAILING ADDRESS:825 Brown Street
Napa,
CITY AND ZIP CODE: CA 94559
BRANCH NAME: Historic Courthouse
PLAINTIFF/PETITIONER: Charles J. Berry
DEFENDANT/RESPONDENT: Pope Valley Union Elementary School
District, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): X UNLIMITED CASE LIMITED CASE 19CV000733
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: July 27, 2022 Time: 8:30 am Dept.: B Div.: Room:
Address of court (if different from the address above):
X Notice of Intent to Appear by Telephone, by (name): Jordan C. Meyer
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): Defendant Napa County Office of Education
b. This statement issubmitted jointlyby parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. 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) have had a default entered against them (specify names):
c. 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 X complaint cross-complaint (Describe, including causes of action):
Final Judgment in case was entered in February 2020. Plaintiff appealed. Appellate Court affirmed
on all causes of action with the exception of the third cause of action for disparate treatment.
Plaintiff claims he was removed from substitute teaching list becase he is a male. Plaintiff also
given leave to amend to additional claims.
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
Berry v. Pope Valley
CM-110
PLAINTIFF/PETITIONER: Charles J. Berry CASE NUMBER:
19CV000733
DEFENDANT/RESPONDENT: Pope Valley Union Elementary School
District, et al.
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.)
Plaintiff claims he was removed from substitute teaching list for discrimonatory reasons and in
retaliation. Napa County Office of Education filed an Anti-SLAPP which the court sustained as to
each cause of action except one. Plaintiff seeks to amend the Complaint for a fourth time to add a
cause of action for discrimination on the basis of sex that was previously abandoned.
(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 X a jury trial 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. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Trial: 10/10/22; 10/17/22; 9/19/22; 05/01/23; 06/05/23; 06/12/23;
06/19/23
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. X days (specify number): 4-6 days
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 identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identified 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 of 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 1141.11.
(3) 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):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
Berry v. Pope Valley
CM-110
PLAINTIFF/PETITIONER: Charles J. Berry CASE NUMBER:
19CV000733
DEFENDANT/RESPONDENT: Pope Valley Union Elementary School
District, et al.
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):
Mediation session not yet scheduled
(1) Mediation Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement
Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3) Neutral evaluation Neutral evaluation scheduled for (date):
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
(6) Other (specify): X ADR session scheduled for (date):
To early to
determine Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5
Berry v. Pope Valley
CM-110
PLAINTIFF/PETITIONER: Charles J. Berry CASE NUMBER:
19CV000733
DEFENDANT/RESPONDENT: Pope Valley Union Elementary School
District, et al.
11. Insurance
a. X Defendant
Insurance carrier, if any, for party filing this statement (name): is self-insured.
b. Reservation of rights: Yes X No
c. 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.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate will be filed by (name party):
14. Bifurcation
X 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):
Liability from damages.
15. Other motions
X The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Reserved, including challenging amended pleadings and Motions for
Summary Judgment and/or Summary Adjudication.
16. Discovery
a. The party or parties have completed all discovery.
b. X The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
NCOE Written Discovery July 2022
NCOE Subpoena of Records September 2022
NCOE Plaintiff's Deposition November 2022
NCOE Witness Depositions January 2023
NCOE Independent Medical Examination TBD
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5
Berry v. Pope Valley
CM-110
PLAINTIFF/PETITIONER: Charles J. Berry CASE NUMBER:
19CV000733
DEFENDANT/RESPONDENT: Pope Valley Union Elementary School
District, et al.
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 in Code
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 specifically why 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 (if not, 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):
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: June 28, 2022
Jordan C. Meyer, Esq. Jordan C. Meyer, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5
Berry v. Pope Valley
Berry v. Pope Valley Union Elementary, et al., Case No. 19CV000733
PROOF OF SERVICE
1
I, the undersigned, certify and declare as follows: I am employed in the County of Contra
2 Costa, State of California. I am over the age of 18 years and not a party to the within action. My
business address is 2300 Contra Costa Blvd., Suite 450, Pleasant Hill, CA 94523.
3
On June 28, 2022, I served the below document(s) on the interested parties in the above
4 action by placing a true copy thereof enclosed in a sealed envelope(s), addressed as follows::
5
CASE MANAGEMENT STATEMENT
6
7 BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed in
the United States mail at Pleasant Hill, California. I am readily familiar with the firm's
8 practice of collection and processing correspondence for mailing. It is deposited with the
U.S. Postal Service on the same day in the ordinary course of business. I am aware that on
9 motion of the party served, service is presumed invalid if the postal cancellation date or
postage meter date is more than one (1) day after the date of deposit for mailing in the
10 affidavit.
11 BY FACSIMILE: by transmitting via facsimile the document listed above to the
facsimile number(s) set forth above, or as stated on the attached service list, on this date
12 before 5:00 p.m.
13
BY PERSONAL SERVICE: by placing a true and correct copy of the document
14 listed above in a sealed envelope and causing said envelope to be delivered by hand this
date to the offices of the addressee.
15
ONLY BY ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the
16 persons at the e-mail address(es) listed above based on California Code of Civil Procedure
17 Section 1010.6 and expressed agreement by parties that, during the Coronavirus (COVID-
19) pandemic, this office will be working remotely, not able to send physical mail as usual,
18 and is therefore using only electronic mail.
19 Mr. Charles J. Berry Louis A. Leone, Esq.
P.O. Box 9714 Jimmie E. Johnson, Esq.
20 Berkeley, CA 94709 Leone & Alberts
Tel: (707) 513-9015 1390 Willow Pass Road, Suite 700
21 Email: bookman@mcn.org Concord, CA 94520
T: (925) 974-8600
22 F: (925) 974-8601
Email: jjohnson@leonealbers.com
23
24
I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct.
26 Executed on June 28, 2022, in Pleasant Hill, California.
27
_Dana Moxley
28 Dana Moxley
1
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Timothy P. Murphy (120920)/Jordan C. Meyer (264978) Edrington, Schirmer & Murphy 2300 Contra Costa Blvd., Suite 450 Pleasant Hill, CA 94523 TELEPHONE NO.: (925) 827-3300 FAX NO.(Optional): (925)827-3320 jmeyer@esmlawfirm.com E-MAIL ADDRESS: ATTORNEY FOR (Name): Napa County Office of Education SUPERIOR COURT OF CALIFORNIA, COUNTY OF Napa STREET ADDRESS: 825 Brown Street MAILING ADDRESS:825 Brown Street Napa, CITY AND ZIP CODE: CA 94559 BRANCH NAME: Historic Courthouse PLAINTIFF/PETITIONER: Charles J. Berry DEFENDANT/RESPONDENT: Pope Valley Union Elementary School District, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): X UNLIMITED CASE LIMITED CASE 19CV000733 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 27, 2022 Time: 8:30 am Dept.: B Div.: Room: Address of court (if different from the address above): X Notice of Intent to Appear by Telephone, by (name): Jordan C. Meyer 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): Defendant Napa County Office of Education b. This statement issubmitted jointlyby parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. 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) have had a default entered against them (specify names): c. 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 X complaint cross-complaint (Describe, including causes of action): Final Judgment in case was entered in February 2020. Plaintiff appealed. Appellate Court affirmed on all causes of action with the exception of the third cause of action for disparate treatment. Plaintiff claims he was removed from substitute teaching list becase he is a male. Plaintiff also given leave to amend to additional claims. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov Berry v. Pope Valley CM-110 PLAINTIFF/PETITIONER: Charles J. Berry CASE NUMBER: 19CV000733 DEFENDANT/RESPONDENT: Pope Valley Union Elementary School District, et al. 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.) Plaintiff claims he was removed from substitute teaching list for discrimonatory reasons and in retaliation. Napa County Office of Education filed an Anti-SLAPP which the court sustained as to each cause of action except one. Plaintiff seeks to amend the Complaint for a fourth time to add a cause of action for discrimination on the basis of sex that was previously abandoned. (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 X a jury trial 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. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Trial: 10/10/22; 10/17/22; 9/19/22; 05/01/23; 06/05/23; 06/12/23; 06/19/23 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. X days (specify number): 4-6 days 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 identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not reviewed the ADR information package identified 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 of 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 1141.11. (3) 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): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 Berry v. Pope Valley CM-110 PLAINTIFF/PETITIONER: Charles J. Berry CASE NUMBER: 19CV000733 DEFENDANT/RESPONDENT: Pope Valley Union Elementary School District, et al. 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): Mediation session not yet scheduled (1) Mediation Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) Neutral evaluation Neutral evaluation scheduled for (date): 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 (6) Other (specify): X ADR session scheduled for (date): To early to determine Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 Berry v. Pope Valley CM-110 PLAINTIFF/PETITIONER: Charles J. Berry CASE NUMBER: 19CV000733 DEFENDANT/RESPONDENT: Pope Valley Union Elementary School District, et al. 11. Insurance a. X Defendant Insurance carrier, if any, for party filing this statement (name): is self-insured. b. Reservation of rights: Yes X No c. 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. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate will be filed by (name party): 14. Bifurcation X 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): Liability from damages. 15. Other motions X The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Reserved, including challenging amended pleadings and Motions for Summary Judgment and/or Summary Adjudication. 16. Discovery a. The party or parties have completed all discovery. b. X The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date NCOE Written Discovery July 2022 NCOE Subpoena of Records September 2022 NCOE Plaintiff's Deposition November 2022 NCOE Witness Depositions January 2023 NCOE Independent Medical Examination TBD c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 Berry v. Pope Valley CM-110 PLAINTIFF/PETITIONER: Charles J. Berry CASE NUMBER: 19CV000733 DEFENDANT/RESPONDENT: Pope Valley Union Elementary School District, et al. 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 in Code 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 specifically why 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 (if not, 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): 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: June 28, 2022 Jordan C. Meyer, Esq. Jordan C. Meyer, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 Berry v. Pope Valley Berry v. Pope Valley Union Elementary, et al., Case No. 19CV000733 PROOF OF SERVICE 1 I, the undersigned, certify and declare as follows: I am employed in the County of Contra 2 Costa, State of California. I am over the age of 18 years and not a party to the within action. My business address is 2300 Contra Costa Blvd., Suite 450, Pleasant Hill, CA 94523. 3 On June 28, 2022, I served the below document(s) on the interested parties in the above 4 action by placing a true copy thereof enclosed in a sealed envelope(s), addressed as follows:: 5 CASE MANAGEMENT STATEMENT 6 7 BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at Pleasant Hill, California. I am readily familiar with the firm's 8 practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on the same day in the ordinary course of business. I am aware that on 9 motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one (1) day after the date of deposit for mailing in the 10 affidavit. 11 BY FACSIMILE: by transmitting via facsimile the document listed above to the facsimile number(s) set forth above, or as stated on the attached service list, on this date 12 before 5:00 p.m. 13 BY PERSONAL SERVICE: by placing a true and correct copy of the document 14 listed above in a sealed envelope and causing said envelope to be delivered by hand this date to the offices of the addressee. 15 ONLY BY ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the 16 persons at the e-mail address(es) listed above based on California Code of Civil Procedure 17 Section 1010.6 and expressed agreement by parties that, during the Coronavirus (COVID- 19) pandemic, this office will be working remotely, not able to send physical mail as usual, 18 and is therefore using only electronic mail. 19 Mr. Charles J. Berry Louis A. Leone, Esq. P.O. Box 9714 Jimmie E. Johnson, Esq. 20 Berkeley, CA 94709 Leone & Alberts Tel: (707) 513-9015 1390 Willow Pass Road, Suite 700 21 Email: bookman@mcn.org Concord, CA 94520 T: (925) 974-8600 22 F: (925) 974-8601 Email: jjohnson@leonealbers.com 23 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. 26 Executed on June 28, 2022, in Pleasant Hill, California. 27 _Dana Moxley 28 Dana Moxley 1 PROOF OF SERVICE