Preview
CNI-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stefe Sursum!mr sod mafruss/. FOR COURT VSE ONLY
Ryan K.J. Mau - No. 146221
LAW OFFICE OF RYAN MAU, PC
333 Bush Street, 21st Floor; San Francisco, CA 94104
ELECTRONICALLY
TELE( HoNE Noc 415.296.7700 Fax No. (o/uf sfx 415.296.7600
EJJAILADDREss (CPfiaoa0: ryan@rmaulaW.COm FILED
Superior Court of California,
AT(oRNEYFoRFY / Defendants WILLIAM WONG and WWJW FAMILY I-LC County of San Francisco
sUPERICR coURT oF cALIFoRNIA, coUNTY oF San Francisco
400 McAllister Street 07/15/2019
sTREETADDREss:
Clerk of the Court
MAILING ADDREss: 400 McAllister Street BY: DARLENE LUM
oTYANDTIPOODE San Francisco 94102 Deputy Clerk
BRANCH NAMR Civic Center Courthouse - Real Property/Housing Court
PLAINTIFF/PETITIONER: TON KIANG RESTAURANT, INC.
DEFENDANT/REsPQNDENT: WILLIAM WONG and WWJW FAMILY LLC, et al.
CASE NUMBER
CASE MANAGEMENT STATEMENT
(Check onej( K~3 UNLIMITED CASE C3 UMITED CASE CGC-19-574262
(Amount demanded (Amount demanded is $25,000
exceeds $ 25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 7, 2019 Time: 10:30 a.m. Dept.: 610 Div.: Room:
Address of court (if d/fferent f(om the sdd/ass shove):
Notice of Intent to Appear by Telephone, by (name)( Ryan Mau
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1.
a. ~
Party or parties (answer one):
This statement is submitted by party (name/:
b. H3 This statement is submitted jointly by parties (names/: WILLIAM WONG and WWJW FAMILY LLC
2. Complaint and cross-complaint (lo be answered by p/s/n/i/fs snd cross-comp/s/nants on/yj
b. ~
a. The complaint was Sled on (date/(
The cross-complaint, if any, wss filed on (date)(
3. Service (io be answered by p/sinifffs snd c(oss~omp/s/nants only)
C3
s.
b. ~ ~ All parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
(1) have not been served (specify names snd 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, natunl of /nvo/vement in case, snd date by which
they msy be served):
4. Description of case
s Type of case in ~ complaint ~ cross-complaint (Descnbe, including causes of sc(/onj:
Complaint: Breach of Trust/Fiduciary Duty, Quiet Title, Declaratory Relief, and Injunctive Relief
Page 1 of a
Foffrl Adoplsd au Msrldsiory Usa Cai. Rules of Courl,
Judicial Council of slyorrua
CASE INANAGENIENT STATEMENT ales 3.7200 730
CM.110 IRey July I, 2011/ msw.comlsoagov
CM-110
PLAINTIFF/PETITIONER: TON KIANG RESTAURANT, INC.
CGC-19-574262
DEFENDANT/RESPONDENT: WILLIAM WONG and WWJW FAMILY LLC, et al.
b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury snd
damages c/aimed, including medical expenses Io date (ind/cate source and amount), estimated future msd/cs/ expenses, lost
earnings Io date, snd estimated Iuium lost ssm/ngs. If equi/sb/e relief is sought, descr/be the nature of the relief)
This breach of trust/fiduciary duty case arises out of a dispute over Plaintitys alleged beneficial interest in the
subject property owned by Defendant. Plaintiff alleges an oral trust agreement with Defendant's predecessor in
interest. Plaintiff has ceased paying rent and seeks to somehow delay their eviction and seize control of the
property.
(If more space is needed, check this box snd aitsch s page designated as A//achmenl 4b.)
Jury or nonjury trial
The party or parties request C3
a jury trial CH s nonjury trial. (I/mom than one party, pmv/de the name of sech party
mquesling s jury Ins/):
a.
b.
~
Trial date
H3
The trial has been set for (ds/e):
No triial date hss been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (II
nol, explain):
c. Dates on which parties or attorneys will not be available for trial (spec//y de/es snd explain reasons for unsvs//sbi/Iiy):
Prepaid Vacation: 08/14/19 - 08/23/1 9, 09/02/19 - 09/06/19, 12/17/1 9 - 01/03/20
Estimated length of trial
The party or parties estimate that the triial will take (check one):
a. EQ days (specify number): 5 court daYs
b C3 hours (short causes) (spec//y):
Trial representation (Io be snswen.d for each psriy)
The party or parhes will be represented at trial
a. Attorney:
~ by the attorney or parly listed in the caption ~ by the following:
b. Firm:
c. Address:
d. Telephone number. f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
Preference
This case is entitled to preference (spec//y code sect/on):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that dfiierent ADR processes sre 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 C43 has M
has not provided the ADR information package identified
in rule 3.221 to the client snd reviewed ADR options with the client.
(2) For self-represented parties: Party has C3 E3
has not reviewed the ADR information package identified in rule 3.221.
(1) ~
b. Referral to judicial arbitration or civil action mediation (if available).
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 llliliL
(2) ~ case to judicial arbitrs5on and agrees to limit recovery to the amount specified in Code of
Plaintiff elects to refer this
Procedure section 1141.11.
~
Civil
(3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil acfion
mediation under Code of Civil Procedure section 1775 st seq. (spec//y exemption):
Cu 110 IRuu. July 1, 201 1i PSSS2 of 0
CASE MANAGEMENT STATEMENT
CASE NUMBER.
PLAINTIFF/PETITIONER: TON KIANG RESTAURANT, INC.
CGC-19-574262
EFENDANT/RESPONDENT: WILLIAM WONG and WWJW FAMILY LLC, 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 a// that epp/y and pmvide the speci//ed /nfonnat/on):
The party or parties completing If the partyor 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,
parhcipate in the follovring ADR indicate the status of the processes (s//ach a copy of the parties'DR
processes (check a// that apply): s//pu/at/on):
Mediation session not yet scheduled
Mediation session scheduled for (dste):
(1) Mediation
C3 Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (dste):
(2) Settlement
conference
C3 Agreed to complete settlement conference by (dste):
Settlement conference completed on (date):
C3 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 arbitrafion not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (dste):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private
C3 Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
C3 ADR session not yet scheduled
C3 ADR session scheduled for (date):
(8) Other (spec/fy):
Agreed to complete ADR session by (date):
C3 ADR completed on (date):
CM-110 IRau. July 1, 301 1I Pago 3 of 0
CASE MANAGEIIENT STATEINENT
Cfil-1 1D
CASE NUMSEa
PtAfNTIFFJPETITIONER: TON KIANG RESTAURANT, INC.
CGC-19-574262
oEFENDANT(REspoNOENT: WILLIAM WONG and WWJW FAMILY LLC, et al.
11. Insurance
a. ~ Insurance camer, if any, for party filing this statement (nsms):
M W
b.
c. ~
Reservation of rights: Yes No
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.
Status:
Bankruptcy HOther (specify):
a.~
13. Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case: WWJW Family LLC v. Ton Kiang Restaurant Inc., et al.
(2) Name of court: San Francisco Superior Court
(3) Case number. CUD-19-664262
~
H
b.
(4) Status: Not yet at issue
Additional cases are described in Attachment 13a.
A motion to W consolidate W coordinate vriill be filed by (nsme party):
~
14. Bifurcation
The party or parties intend to file a motion for an order bifurcafing, severing, or coordinating the following issues or causes of
action (specify moving part, type of motion, and reasons) J
15. Other motions
H3 The party or parties expect to file the following motions before trial (specify moving party, type of motion, snd issues):
Defendants have filed a demurrer to Plaintiffs First Amended Complaint and the hearing is set for August 6,
2019.
16. Discovery
a.
b.
~
~f
The party or parties have completed afi discovery.
The following discovery will be completed by the date specified (descnbs all aniicipsfed discovery):
~P9 Dsscriotion Date
Defendants TBD TBD
c, ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Cffuff0tRuu. July 1, 2011i Ellsu 4 01 0
CASE fifiANAGEfifiENT STATEfifiENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: TON KIANG RESTAURANT, INC.
CGC-19-574262
DEFEIIIOAMT/88$ PO)IOEQT WILLIAM WON G and WWJW FAMILY LLC, et al.
a. ~
17. Economic litigation
This is a limited civil case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code
b. ~ of Civil Procedure sections 90-98 will apply to this case.
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 specifical/y why economic //ligation procedures relating to discovery or lrial
should nof apply to this case):
18.
~
Dtherissues
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. ~y'he party or parties have met and conferred with all parties on all sublects 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):
Counsel have met and conferred and a demurrer hearing is scheduled for 8/6/19. The case is not yet at issue.
Settlement was previously discussed with no resolution.
20. Total number of pages attached (if any):
am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
I
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: July (4(, 2019
Ryan K.J. Mau, Esq.
(TYPE OR PRINT NAME) (SIGNATQOF PARTY OR ATTORNEY)
nYPE OR PRINT NAME)
~ (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Reu. July I, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
Ton Kiane Restaurant. Inc. v. William Won@, W8'JWFamilv LLC. et al.
San Francisco County Superior Court Case No. CGC-19-574262
I am employed in the City of San Francisco, County of San Francisco, State of California. I am over the age
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ofeighteen(18) years and not a party to the within action. My business address is 333 Bush Street, 21u Floor, San
Francisco, CA 94104. On July 14, 2019, I served the foregoing document(s) described as:
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CASE MANAGEMENT STATEMENT
on the interested parties in this action addressed as follows;
8 Freer Stephen Schmid, Esq.
John K. Kao, Esq.
JOHN KAO LAW OFFICE 7585 Valley Ford Road
9 Petaluma, CA 94952
Russ Building, Suite 1026
235 Montgomery Street T: 415.788.5957
San Francisco, CA 94104 e: frearschmid@aol.corn
T: 415.362.9390 A ttorneys for Defendant
F: 415.362.9398 Ton Kiang Restaurant, inc.
e: JKao@Kaolaw.corn
Attorneys for Defendant
Ton Kiang Restaurant, inc.
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[X] BY ELECTRONIC SERVICE: I caused said document(s) to be served by transmitting said document
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through the court designated e-service provider, One Legal, to all parties appearing on the One Legal electronic
service list for the above-entitled case. A copy of the One Legal filing receipt page will be maintained with the
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original document(s) in our office. This service complies with Code of Civil Procedure $ 1010.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct. Executed on July 14, 2019, at San Francisco, California.
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yan IV)au
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Proof of Service
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