Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Daniel L. Balsam (State Bar No. 260423)
The Law Offices of Daniel Balsam
2601C Blanding Ave. #271
Alameda, CA 94501
TELEPHONE NO.: 415-869-2873 FAX NO. (Optional): 415-869-2873
ELECTRONICALLY
E-MAIL ADDRESS (Optional): legal@danbalsam.com FILED
ATTORNEY FOR (Name): Plaintiff Nace Reynolds Superior Court of California,
County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McAllister Street 12/09/2021
MAILING ADDRESS: Clerk of the Court
CITY AND ZIP CODE: San Francisco, CA 94102 BY: VERA MU
Deputy Clerk
BRANCH NAME: Civic Center Courthouse
PLAINTIFF/PETITIONER: Nace Reynolds
DEFENDANT/RESPONDENT: Robin Amelia Sheehan et al
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE CGC-21-594238 (cons. with 594246)
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: Jan. 5, 2022 Time: 10:30 am Dept.: 610 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Plaintiff Tomi Mendez
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Nace Reynolds
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): Aug. 2, 2021
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):
Brian Morgan Heit, Heit Law Group PC (served by Notice & Ack on 11/22/21)
(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 date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Declaratory Relief (Fee Agreements & Liens), Professional Negligence (Legal Malpractice), Conversion, Fraud or Deceit in
Concealment, Accounting, Common Counts, Unfair Competition Law, Unjust Enrichment
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: Nace Reynolds CASE NUMBER:
DEFENDANT/RESPONDENT: Robin Amelia Sheehan et al CGC-21-594238 (cons. with 594246)
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.)
Ds' fee agreements violate B&P Code 6147; they are voidable and void. Ds' engaged in rampant malpractice, including but not
limited to: failing to understand the substantive law, taking legal advice from a non-lawyer, filing deficient documents, failing to
relay settlement offers, and failing to keep Reynolds informed in general. Ds misconduct even got Reynolds sued, and Ds then
charged Reynolds to defend him. Ds converted Reynolds' documents. Reynolds seeks an accounting and return of fees.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. The party or parties request a jury triaI 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. 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):
Some defendants have not yet appeared.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 5
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney: Jacob Harker
b. Firm: LAW OFFICES OF JACOB HARKER
c. Address: 268 Bush Street #3732, San Francisco, CA 94104
d. Telephone number: 415-624-7602 f. Fax number: 415-684-7757
e. E-mail address: jacob@harkercounsel.com g. Party represented: Plaintiff Nace Reynolds
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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel 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 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):
Amount in controversy exceeds $50,000 -- 3.811(b(8))
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Nace Reynolds CASE NUMBER:
DEFENDANT/RESPONDENT: Robin Amelia Sheehan et al CGC-21-594238 (cons. with 594246)
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
Mediation session scheduled for (date):
(1) Mediation
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
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-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Nace Reynolds CASE NUMBER:
DEFENDANT/RESPONDENT: Robin Amelia Sheehan et al CGC-21-594238 (cons. with 594246)
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes 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: Reynolds v. Mendez
(2) Name of court: San Francisco Superior Court
(3) Case number: CGC-21-594247
(4) Status: Pending
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be filed by (name party):
14. Bifurcation
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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Plaintiff may file MJOP or MSJ/MSA as to the fee agreements. Plaintiff expects to have to file a motion(s) to compel
production of documents. Plaintiff may file a Motion for Sanctions on Defendant Sheehan's facially improper Motion for
Sanctions. Plaintiff may file a Motion for Leave to Amend Complaint, if necessary.
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Nace Reynolds Paper Discovery 30 days before trial
Nace Reynolds Depositions 30 days before trial
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Defendants have improperly withheld documents belonging to their clients. Reynolds expects to have to file a motion(s) to
compel production of documents.
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Nace Reynolds CASE NUMBER:
DEFENDANT/RESPONDENT: Robin Amelia Sheehan et al CGC-21-594238 (cons. with 594246)
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. 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):
Defendant Sheehan agreed to continue the hearing date on her filed Motion for Sanctions from December 30 to February
11; if Sheehan withdraws her Motion for Sanctions, then Mendez will not have to file the Motion for Sanctions she served
on December 3.
20. Total number of pages attached (if any): 1
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: December 9, 2021
Daniel Balsam
(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. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
ATTACHMENT TO CASE MANAGEMENT STATEMENT CM-110
13. Related cases, consolidation, and coordination
a. [ X ] There are companion, underlying, or related cases.
(1) Name of case: Love v. Sheehan et al
(2) Name of court: San Francisco Superior Court
(3) Case number: CGC-21-596617
(4) Status: Pending (No Defendant has yet appeared)
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Daniel L. Balsam (State Bar No. 260423) The Law Offices of Daniel Balsam 2601C Blanding Ave. #271 Alameda, CA 94501 TELEPHONE NO.: 415-869-2873 FAX NO. (Optional): 415-869-2873 ELECTRONICALLY E-MAIL ADDRESS (Optional): legal@danbalsam.com FILED ATTORNEY FOR (Name): Plaintiff Nace Reynolds Superior Court of California, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street 12/09/2021 MAILING ADDRESS: Clerk of the Court CITY AND ZIP CODE: San Francisco, CA 94102 BY: VERA MU Deputy Clerk BRANCH NAME: Civic Center Courthouse PLAINTIFF/PETITIONER: Nace Reynolds DEFENDANT/RESPONDENT: Robin Amelia Sheehan et al CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE CGC-21-594238 (cons. with 594246) (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Jan. 5, 2022 Time: 10:30 am Dept.: 610 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Plaintiff Tomi Mendez INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Nace Reynolds 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): Aug. 2, 2021 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): Brian Morgan Heit, Heit Law Group PC (served by Notice & Ack on 11/22/21) (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 date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Declaratory Relief (Fee Agreements & Liens), Professional Negligence (Legal Malpractice), Conversion, Fraud or Deceit in Concealment, Accounting, Common Counts, Unfair Competition Law, Unjust Enrichment 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: Nace Reynolds CASE NUMBER: DEFENDANT/RESPONDENT: Robin Amelia Sheehan et al CGC-21-594238 (cons. with 594246) 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.) Ds' fee agreements violate B&P Code 6147; they are voidable and void. Ds' engaged in rampant malpractice, including but not limited to: failing to understand the substantive law, taking legal advice from a non-lawyer, filing deficient documents, failing to relay settlement offers, and failing to keep Reynolds informed in general. Ds misconduct even got Reynolds sued, and Ds then charged Reynolds to defend him. Ds converted Reynolds' documents. Reynolds seeks an accounting and return of fees. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request a jury triaI 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. 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): Some defendants have not yet appeared. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: Jacob Harker b. Firm: LAW OFFICES OF JACOB HARKER c. Address: 268 Bush Street #3732, San Francisco, CA 94104 d. Telephone number: 415-624-7602 f. Fax number: 415-684-7757 e. E-mail address: jacob@harkercounsel.com g. Party represented: Plaintiff Nace Reynolds 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel 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 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): Amount in controversy exceeds $50,000 -- 3.811(b(8)) CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Nace Reynolds CASE NUMBER: DEFENDANT/RESPONDENT: Robin Amelia Sheehan et al CGC-21-594238 (cons. with 594246) 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 Mediation session scheduled for (date): (1) Mediation 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 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-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Nace Reynolds CASE NUMBER: DEFENDANT/RESPONDENT: Robin Amelia Sheehan et al CGC-21-594238 (cons. with 594246) 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes 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: Reynolds v. Mendez (2) Name of court: San Francisco Superior Court (3) Case number: CGC-21-594247 (4) Status: Pending Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiff may file MJOP or MSJ/MSA as to the fee agreements. Plaintiff expects to have to file a motion(s) to compel production of documents. Plaintiff may file a Motion for Sanctions on Defendant Sheehan's facially improper Motion for Sanctions. Plaintiff may file a Motion for Leave to Amend Complaint, if necessary. 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Nace Reynolds Paper Discovery 30 days before trial Nace Reynolds Depositions 30 days before trial c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Defendants have improperly withheld documents belonging to their clients. Reynolds expects to have to file a motion(s) to compel production of documents. CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Nace Reynolds CASE NUMBER: DEFENDANT/RESPONDENT: Robin Amelia Sheehan et al CGC-21-594238 (cons. with 594246) 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. 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): Defendant Sheehan agreed to continue the hearing date on her filed Motion for Sanctions from December 30 to February 11; if Sheehan withdraws her Motion for Sanctions, then Mendez will not have to file the Motion for Sanctions she served on December 3. 20. Total number of pages attached (if any): 1 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: December 9, 2021 Daniel Balsam (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. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT ATTACHMENT TO CASE MANAGEMENT STATEMENT CM-110 13. Related cases, consolidation, and coordination a. [ X ] There are companion, underlying, or related cases. (1) Name of case: Love v. Sheehan et al (2) Name of court: San Francisco Superior Court (3) Case number: CGC-21-596617 (4) Status: Pending (No Defendant has yet appeared)