Preview
_CM-140
f NEY (nara, Sle Bar mer ad rash FOR COURT USE ONLY
Reginald Hindley, #113144 :
Hindley Law Office
718 Orchard Street
Santa Rosa CA 98404 ELECTRONICALLY
TELEPHONE NO. 707-575-3700 EAXNO. (Opticnal 707-575-3020 FILED |
ABIL ADDRESS (Optoniy) hindlevlaw@omail.com Superior Court of California, |
| aTroRMEN FOR ine! County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco 02/24/2022
sTREET aparess: 400 McAllister St. Clerk of the Court
waitin AOoRESS. AG McAlister St BY: VERA MU
or stioar 208: San Francisca CA 24402 Deputy Clerk
WTIONER: JUNE LEE
jo DEFENDANTIRESPONDENT: 260 FRANCSCO STREET HOA et al
CASE HUMBER:
CGC-21-589282
{Check one): UNLIMITED CASE (7) LIMITED CASE
(Amount demanded {Amount demanded is $25,000 |
exceeds $25,000} or jess)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 16, 2022 Time: 10:30 a.m. Dept: 610 Div. Room:
Address of court {if gifferent from the address above):
Notice of Intent to Appear by Telephone, by (name): Reginald Hindley
INSTRUCTIONS: Ail applicable boxes must be checked, and the Specified information must be provided.
1. Party or parties (answer one}
b. [[U] This statement is submitted jointly by parties (names)
2. Complaint and cress-complaint (fo he answered by plaintiffs and cross-complainants only)
a. The complaint was filed om (date): March 26, 2021 - First Amended
"] The cross-complaint, if any, was filed on (date).
3. Service (io be answered by plaintiffs and cross-complainants enly)
a. [x] All parties named in the complaint and cross-compiaint have been served, have appeared, or have been dismissed.
b. [GC] The following parties named in the complaint or cross-complaint
“] have not been served (specify names and explain why not};
Waleed Ghnaim pending 3rd Amemded Complaint
} {CU} 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 he served):
4. Description of case
a. Type ofcasein [x | complaint £") cross-complaint (Describe, including causes of action):
Initially. Piaintif without Counsel filed a deficient Amended Complaint, Pro Se - For Breach Of HOA Covenants and Fiduciary
Duty fo make plumbing repairs. In 2021 he court granted Plaintiff's motion te file 3rd Amended Complaint,
Page to
CASE MANAGEMENT STATEMENT
CAT FRew sly_. _ CMe110
PLAINTIFFIPETITIONER: ie
BEFENDANT/RESPONDENT. L
4.b. Provide @ brief slatemant of ine case, including any damages. (/f personal injury damages are sought, specify the injury and
darnages claimed, including medical expenses to date {indicate source and amount], estimated future medical expenses, lost
earnings fo date, and estimated future lost earnings. Hf equitable rekiel is sought, describe the nature of the relief.)
Plaintiff fled her initial Complaints without Counsel. Plaintiff alleges defendant violated the governing documents of her HOA in
failing to make certain timely repairs. This Breach of ihe CC&R covenants cause doth physical damages fron faulty plumbing.
Defendant has Answered the Complain and discovery is pending.
(] dif move space is needed, check this box and attach a page designated as Atzchment 4b.)
5. Jury or nonjury triat
a. The party or parties request [X_] a jury trial Cc
sequesting a jury trial)
| enonjury trial. (/f more than one party, provide the name of each party
6. Trial date
a. [CU] The trial has been set for (date):
not, explain):
Records subpoens and standard discovery is pending on both sides.
8. Dates on which parties or atlomeys will not be available for trial (spectfy dates and explain reasons for unavailability):
7. Estimated length of trial
The patty or patties estimate that the trial will take (check one}:
| days (specify number}: 7-19 davs
b. [77] hours (short causes) (specity):
8, Trial representation (to be answered for each party)
The party or parties will be represented at trial ["X"] by the attorney or party listeci in the caption [7X"] by the following:
a. Attomey: Likely Associated Counsel: Dan Engel.law
b. Firm: Law Office of Daniel Engel
c. Address:
d. Telephone number: 818-312-0637 f. Fax number:
6 E-mail address: dan@danielengel.law g. Party represented: Plaintiff
"| Additional representation is described In Attachment 8.
9. Preference
[OU] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note thal different ADR processes are available in different couris and communities: read
the ADR information package provided by the court under rule 3.2211 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [XJ has [7] has not provided the ADR information package identified
in rule 3.221 to the ofient and reviewed ADR options with the client.
(2) For selfrepresented parties: Party [TT] nas [77] fas not reviewed the ADR information package identified in rule 2.221.
b, Referral to judicial arbitration or civil action mediation (if available).
(4)(0 7] 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 daes not exceed the
statutory limit.
(2) [777] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1147.14
‘| 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 1778 et seq. (specify exemption)
BIL
SRE I CASE MANAGEMENT STATEMENT FecM-110
PLAINTIFFIPETITIONER
DEFENDANT/RESPONDENT
CASE NUMBER:
10. c. Incticate the ADR process or processes that the party or garlies are willing to participate in, have agreed to participate in, or
have already participeted in (check all that apply and provide the specified information):
(4) Mediation
he party or parties completing
this form are walling to
participate in the following ADR
processes (check alt that apply):
if the party or parties completing this form in the case have agreed to.
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach e copy of the parties’ ADR
Stipulation):
7] Mediation session scheduled for (dete)
Agreed to complete mediation by (date).
4 Mediation completed on (date):
(2) Setlement
conference
x] Settlement conference not yet scheduled
| [7] Settlement conference scheduled for (date).
Agreed to complete settlement conference by (dale);
Settlement conference completed on (date):
(3) Neutral evaluation
rj
(C77) Neutral evaluation scheduled for (date):
7] Agreed to complete neutral evaluation by (date):
I
Neutral evaluation completed on (date):
{4) Nonbinding judicial
arbitration
Judicial arbitration 0 not yat scheduled
Judicial arbitration scheduled for (daie):
Agreed to complete judicial arbitration by (date):
_| Judicial arbitration completed on (date).
(5) Binding private
arbitration
(6) Other (specify):
<_) Private arbitration net yet scheduled
Private arbitration scheduled for (dafe):
Agreed to complete private arbitration by (date):
“] Private arbitration completed on (date):
ADR scheduled
| ADR session scheduled for (date):
Agreed to complete ADR session by (date):
|] ADR completed on (oatey
sion not y
ve duly 1,204)
CASE MANAGEMENT STATEMENT
Page 3 of 5CMA110
| PLAINTIFF/PETITIONER: CASE NUMBER
DEFENDANTIRESPONDENT
11. Insurance
a [x
b. Reservation of rights: [} Yes
Insurance carrier, if any, for party filing this statement (game):
G | Coverage issuas 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.
(2 Bankruptey [[_] Other (specify):
Status:
13, Related cases, consolidation, and coordination
a. [[7] 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 Allachment 13a.
__| A motion to
|] consolidate
} coordinate will be fled by (name party):
14. Bifurcation
(7) The party or parties intend to file 2 motion for an order bifurcating, severing, or coorcinating the following issues or causes of
action (specify moving party. type of motion, and reasons):
Possible bifurcation as te Defarnation c/a
15. Other motions
1 The party or parties expect to file the following motions before trial (specify moving perty, type of motion, and issues):
Usual pre-trial motions. as appropriate: Discovery motions: Pre-irial motions
18. Discovery
a. [77] The party or parties have completed all discovery.
b, [OX] The following discovery will be completad by the date specified (describe all anticipated discovery)
Party Description Daie
Plaintiff Written Discovery March 2022
Plaintiff Subpoenas Pending-State Farm
Plaintiff Panty, Witness & Treating Depositions April 2022
Plaintiff Supplemental Discovery May 2022
Plaintiff Exper Discovery per code
c. [77] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated specify):
Page 4 of
CASEOM-110
CASE NUMBER:
PLAINTIFE:/PETITIONE
DEFENDANT/RESPONDENT
17. Economic litigation
a. [07] This is a timited civil case (i.e. the amount demanded is $25,000 or!
of Civil Procedure sections 90-98 will apply to this case
55) and the economic litigation procedures in Code
b. [CT] This is a limited civii case end 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 fo this case).
18, Other issues
Cc
| The pariy or parties request that the following additional maiters be considered or determined at the case management
conference (specify):
19. Meet and confer
| 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):
Communicatios are ongoing.
b. [77] After meeting and conferring as required by rule 3.724 of the Calffomia Rules of Court, the parties agree on the lollowing
(specify).
20. Total number of pages attached (if any)
1am completely familiar with this case and will be fully prepared to discuss the ststus of discovery and alternative dispute resolution,
as well ag 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. inckiding the writen authority of the party where required,
Dete: February 24, 2022
Reginald R. Hindley
(PYPE GR PRINT WARE)
For your protection and privacy. please press the Clear
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0
Case No. CGC-21-589282
PROOF OF SERVICE
I, Reginald Hindiey, am Counsel for plaintiff June Lee. the Plaintiff in this action. My electronic
service address is hindlevlaw@outlook.com, Based on an agreement between the parties and
counsel herein, Phillips, Spallas & Angstadt, LLP, there is a mutual agreement to accept service
by email and/or electronic transmission, On February 24. 2022, I caused to be served by email the
following document:
CASE MANAGEMENT STATEMENT
Emailed to: Phillips, Spallas & Angstadt, LLP as follows:
myospe@psalaw.net; nstabile@apsalaw. net
I declare under penalty of perjury, under the laws of the State of California. that the above and
foregoing is true and correct.
wo ee
February 24, 2022 /s/ Reginaid R. Hit
NALD R. HINDLEY
Proof of Service re CMC
Preview
_CM-140 f NEY (nara, Sle Bar mer ad rash FOR COURT USE ONLY Reginald Hindley, #113144 : Hindley Law Office 718 Orchard Street Santa Rosa CA 98404 ELECTRONICALLY TELEPHONE NO. 707-575-3700 EAXNO. (Opticnal 707-575-3020 FILED | ABIL ADDRESS (Optoniy) hindlevlaw@omail.com Superior Court of California, | | aTroRMEN FOR ine! County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco 02/24/2022 sTREET aparess: 400 McAllister St. Clerk of the Court waitin AOoRESS. AG McAlister St BY: VERA MU or stioar 208: San Francisca CA 24402 Deputy Clerk WTIONER: JUNE LEE jo DEFENDANTIRESPONDENT: 260 FRANCSCO STREET HOA et al CASE HUMBER: CGC-21-589282 {Check one): UNLIMITED CASE (7) LIMITED CASE (Amount demanded {Amount demanded is $25,000 | exceeds $25,000} or jess) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 16, 2022 Time: 10:30 a.m. Dept: 610 Div. Room: Address of court {if gifferent from the address above): Notice of Intent to Appear by Telephone, by (name): Reginald Hindley INSTRUCTIONS: Ail applicable boxes must be checked, and the Specified information must be provided. 1. Party or parties (answer one} b. [[U] This statement is submitted jointly by parties (names) 2. Complaint and cress-complaint (fo he answered by plaintiffs and cross-complainants only) a. The complaint was filed om (date): March 26, 2021 - First Amended "] The cross-complaint, if any, was filed on (date). 3. Service (io be answered by plaintiffs and cross-complainants enly) a. [x] All parties named in the complaint and cross-compiaint have been served, have appeared, or have been dismissed. b. [GC] The following parties named in the complaint or cross-complaint “] have not been served (specify names and explain why not}; Waleed Ghnaim pending 3rd Amemded Complaint } {CU} 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 he served): 4. Description of case a. Type ofcasein [x | complaint £") cross-complaint (Describe, including causes of action): Initially. Piaintif without Counsel filed a deficient Amended Complaint, Pro Se - For Breach Of HOA Covenants and Fiduciary Duty fo make plumbing repairs. In 2021 he court granted Plaintiff's motion te file 3rd Amended Complaint, Page to CASE MANAGEMENT STATEMENT CAT FRew sly_. _ CMe110 PLAINTIFFIPETITIONER: ie BEFENDANT/RESPONDENT. L 4.b. Provide @ brief slatemant of ine case, including any damages. (/f personal injury damages are sought, specify the injury and darnages claimed, including medical expenses to date {indicate source and amount], estimated future medical expenses, lost earnings fo date, and estimated future lost earnings. Hf equitable rekiel is sought, describe the nature of the relief.) Plaintiff fled her initial Complaints without Counsel. Plaintiff alleges defendant violated the governing documents of her HOA in failing to make certain timely repairs. This Breach of ihe CC&R covenants cause doth physical damages fron faulty plumbing. Defendant has Answered the Complain and discovery is pending. (] dif move space is needed, check this box and attach a page designated as Atzchment 4b.) 5. Jury or nonjury triat a. The party or parties request [X_] a jury trial Cc sequesting a jury trial) | enonjury trial. (/f more than one party, provide the name of each party 6. Trial date a. [CU] The trial has been set for (date): not, explain): Records subpoens and standard discovery is pending on both sides. 8. Dates on which parties or atlomeys will not be available for trial (spectfy dates and explain reasons for unavailability): 7. Estimated length of trial The patty or patties estimate that the trial will take (check one}: | days (specify number}: 7-19 davs b. [77] hours (short causes) (specity): 8, Trial representation (to be answered for each party) The party or parties will be represented at trial ["X"] by the attorney or party listeci in the caption [7X"] by the following: a. Attomey: Likely Associated Counsel: Dan Engel.law b. Firm: Law Office of Daniel Engel c. Address: d. Telephone number: 818-312-0637 f. Fax number: 6 E-mail address: dan@danielengel.law g. Party represented: Plaintiff "| Additional representation is described In Attachment 8. 9. Preference [OU] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note thal different ADR processes are available in different couris and communities: read the ADR information package provided by the court under rule 3.2211 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [XJ has [7] has not provided the ADR information package identified in rule 3.221 to the ofient and reviewed ADR options with the client. (2) For selfrepresented parties: Party [TT] nas [77] fas not reviewed the ADR information package identified in rule 2.221. b, Referral to judicial arbitration or civil action mediation (if available). (4)(0 7] 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 daes not exceed the statutory limit. (2) [777] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1147.14 ‘| 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 1778 et seq. (specify exemption) BIL SRE I CASE MANAGEMENT STATEMENT FecM-110 PLAINTIFFIPETITIONER DEFENDANT/RESPONDENT CASE NUMBER: 10. c. Incticate the ADR process or processes that the party or garlies are willing to participate in, have agreed to participate in, or have already participeted in (check all that apply and provide the specified information): (4) Mediation he party or parties completing this form are walling to participate in the following ADR processes (check alt that apply): if the party or parties completing this form in the case have agreed to. participate in or have already completed an ADR process or processes, indicate the status of the processes (attach e copy of the parties’ ADR Stipulation): 7] Mediation session scheduled for (dete) Agreed to complete mediation by (date). 4 Mediation completed on (date): (2) Setlement conference x] Settlement conference not yet scheduled | [7] Settlement conference scheduled for (date). Agreed to complete settlement conference by (dale); Settlement conference completed on (date): (3) Neutral evaluation rj (C77) Neutral evaluation scheduled for (date): 7] Agreed to complete neutral evaluation by (date): I Neutral evaluation completed on (date): {4) Nonbinding judicial arbitration Judicial arbitration 0 not yat scheduled Judicial arbitration scheduled for (daie): Agreed to complete judicial arbitration by (date): _| Judicial arbitration completed on (date). (5) Binding private arbitration (6) Other (specify): <_) Private arbitration net yet scheduled Private arbitration scheduled for (dafe): Agreed to complete private arbitration by (date): “] Private arbitration completed on (date): ADR scheduled | ADR session scheduled for (date): Agreed to complete ADR session by (date): |] ADR completed on (oatey sion not y ve duly 1,204) CASE MANAGEMENT STATEMENT Page 3 of 5CMA110 | PLAINTIFF/PETITIONER: CASE NUMBER DEFENDANTIRESPONDENT 11. Insurance a [x b. Reservation of rights: [} Yes Insurance carrier, if any, for party filing this statement (game): G | Coverage issuas 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. (2 Bankruptey [[_] Other (specify): Status: 13, Related cases, consolidation, and coordination a. [[7] 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 Allachment 13a. __| A motion to |] consolidate } coordinate will be fled by (name party): 14. Bifurcation (7) The party or parties intend to file 2 motion for an order bifurcating, severing, or coorcinating the following issues or causes of action (specify moving party. type of motion, and reasons): Possible bifurcation as te Defarnation c/a 15. Other motions 1 The party or parties expect to file the following motions before trial (specify moving perty, type of motion, and issues): Usual pre-trial motions. as appropriate: Discovery motions: Pre-irial motions 18. Discovery a. [77] The party or parties have completed all discovery. b, [OX] The following discovery will be completad by the date specified (describe all anticipated discovery) Party Description Daie Plaintiff Written Discovery March 2022 Plaintiff Subpoenas Pending-State Farm Plaintiff Panty, Witness & Treating Depositions April 2022 Plaintiff Supplemental Discovery May 2022 Plaintiff Exper Discovery per code c. [77] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated specify): Page 4 of CASEOM-110 CASE NUMBER: PLAINTIFE:/PETITIONE DEFENDANT/RESPONDENT 17. Economic litigation a. [07] This is a timited civil case (i.e. the amount demanded is $25,000 or! of Civil Procedure sections 90-98 will apply to this case 55) and the economic litigation procedures in Code b. [CT] This is a limited civii case end 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 fo this case). 18, Other issues Cc | The pariy or parties request that the following additional maiters be considered or determined at the case management conference (specify): 19. Meet and confer | 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): Communicatios are ongoing. b. [77] After meeting and conferring as required by rule 3.724 of the Calffomia Rules of Court, the parties agree on the lollowing (specify). 20. Total number of pages attached (if any) 1am completely familiar with this case and will be fully prepared to discuss the ststus of discovery and alternative dispute resolution, as well ag 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. inckiding the writen authority of the party where required, Dete: February 24, 2022 Reginald R. Hindley (PYPE GR PRINT WARE) For your protection and privacy. please press the Clear This Form button after you have printed the form, Print this form | [ Save this form9 0 Case No. CGC-21-589282 PROOF OF SERVICE I, Reginald Hindiey, am Counsel for plaintiff June Lee. the Plaintiff in this action. My electronic service address is hindlevlaw@outlook.com, Based on an agreement between the parties and counsel herein, Phillips, Spallas & Angstadt, LLP, there is a mutual agreement to accept service by email and/or electronic transmission, On February 24. 2022, I caused to be served by email the following document: CASE MANAGEMENT STATEMENT Emailed to: Phillips, Spallas & Angstadt, LLP as follows: myospe@psalaw.net; nstabile@apsalaw. net I declare under penalty of perjury, under the laws of the State of California. that the above and foregoing is true and correct. wo ee February 24, 2022 /s/ Reginaid R. Hit NALD R. HINDLEY Proof of Service re CMC