Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
PETER DEL VECHIO (SBN: 183456)
LEET LAW, an ASSOCIATION of ATTORNEYS
210 N. 4TH ST. STE. 201, San Jose, CA 95112
TELEPHONE NO.:408-753-5486 FAX NO. (Optional).
wcl@leetlaw.com
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO 3/10/2022
STREET ADDRESS:400 County Center
MAILING ADDRESS:
Redwood City, CA 94063
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER: Jeffrey F. Ryan
DEFENDANT/RESPONDENT: William Carlos Leet
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): CK] UNLIMITED CASE CJ LIMITED CASE 21-CIV-04391
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 03-21-2022 Time: 9:00 a.m. Dept.: 4 34 Div.: Room:
a.m. Address of court (if different from the address above):
CK] Notice of Intent to Appear by Telephone, by (name): William Leet and Peter DelVechio
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided,
1. Party or parties (answer one):
a. W This statement is submitted by party (name): Defendant/Cross-Plaintiff
b. D 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):
b. CK] The cross-complaint, if any, was filed on (date): Sept. 16, 2021
w
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. CJ The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
c. D 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 [R] complaint D cross-complaint (Describe, including causes of action):
Complaint for Breach of Contract/Declaratory Relief; Cross complaint for Fraud; Anticipatory Breach of Contract and
Declaratory Relief related to a contingent fee sharing agreement about which material terms were intentionally misrepresented/
concealed for fraudulent purposes.
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3. 720-3. 730
CM-110 [Rev. July 1, 2011) www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Jeffrey F. Ryan CASE NUMBER:
DEFENDANT/RESPONDENT: William Carlos Leet 21-CIV-04391
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.)
The parties had a contingent fee sharing agreement with clients in a complex case that was approved by the clients. Attorney
Ryan lied to attorney Leet about the material terms of the agreement in order to secure two and a half years of legal services
from Leet, knowing Leet would have not provided the services but for Ryan's willful misrepresentation of the fee agreement
terms.
CJ (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 requestD a jury trial CK] a nonjury trial.(If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for
(date):
b. CK] 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):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. CK] days (specify number): 2
b. D hours (short causes) {specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial
CK] CJ
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:
D Additional representation is described in Attachment 8.
9. Preference
D This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel CK] has D has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) CJ
For self-represented parties: Party has D has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available}.
(1) CJ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2)D Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) CK] 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 maximum.
CM-110 (Rev. July 1, 2011) Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Jeffrey F. Ryan CASE NUMBER:
DEFENDANT/RESPONDENT: William Carlos Leet 21-CIV-04391
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADRindicate the status of the processes (attach a copy of the parties' ADR
stipulation):
processes (check all that apply):
D Mediation session not yet scheduled
D Mediation session scheduled for (date):
(1) Mediation D
D Agreed to complete mediation by(date):
D Mediation completed on (date):
w Settlement conference not yet scheduled
(2) Settlement D Settlement conference scheduled for(date):
IT]
conference D Agreed to complete settlement conference by(date):
D Settlement conference completed on(date):
x Neutral evaluation not yet scheduled
D Neutral evaluation scheduled for (date):
(3) Neutral evaluation x
D Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
(4) Nonbinding judicial D D Judicial arbitration scheduled for (date):
arbitration D Agreed to complete judicial arbitration by (date):
D Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private D D Private arbitration scheduled for
(date):
arbitration D Agreed to complete private arbitration by (date):
D Private arbitration completed on (date):
D ADR session not yet scheduled
D ADR session scheduled for (date):
(6) Other (specify): D D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-110 [Rev. July 1, 2011) Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Jeffrey F. Ryan CASE NUMBER:
DEFENDANT/RESPONDENT: William Carlos Leet 21-CIV-04391
11. Insurance
a. CJ Insurance carrier, if any, for party filing this statement (name):
b. D
Reservation of rights: Yes D No
c. D (explain):
Coverage issues will significantly affect resolution of this case
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
( 1)Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
CJ Additional cases are described in Attachment 13a.
b. CJ A motion to CJ consolidate CJ coordinate will be filed by (name party):
14. Bifurcation
CJ 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
[K] (specify moving party, type of motion, and issues):
The party or parties expect to file the following motions before trial
Plaintiff filed a Demurrer and Motion to Strike to the Cross-Complaint, both of which were unsuccessful. He has since
answered.
16. Discovery
a. CJ The party or parties have completed all discovery.
b. [KJ The following discovery will be completed by the date specified (describe all anticipated discovery):
.eam Description Dare
DefendanUCross-Plaintiff Written requests Per Code
DefendanUCross-Plaintiff Depositions Per Code
c. CJ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011) Page4 of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Jeffrey F. Ryan CASE NUMBER:
DEFENDANT/RESPONDENT: William Carlos Leet 21-CIV-04391
17. Economic litigation
a. D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
D The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. W The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. D After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if an y):
_____
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: March 10, 2022
Peter DelVechio
(TYPE OR PRINT NAME)
► � 2
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
â–º (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT