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  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Scott D. Long (SBN 203505) Fidelity National Law Group The Law Div. of Fidelity National Title Group, Inc. 1550 Parkside Drive, Suite 300 Walnut Creek, CA 94596 TELEPHONE NO.: (925) 280-3362 FAX NO. (Optional): (925) 930-9588 E-MAIL ADDRESS: Scott.Long@fnf.com ATTORNEY FOR (Name): Defs/X-Complainants Leonard W. Stone and Jessica L. Stone SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS:800 North Humboldt 800 North Humboldt, San Mateo, CA 94401 MAILING ADDRESS: San Mateo 94401 CITY AND ZIP CODE: BRANCH NAME:Central Court PLAINTIFF/PETITIONER: Adriana J. Quintero DEFENDANT/RESPONDENT: Leonard W. Stone, III, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): è UNLIMITED CASE LIMITED CASE 22-CIV-00190 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 30, 2022 Time: 10:00 a.m. Dept.: 4 Div.: Room: Address of court (if different from the address above): è Notice of Intent to Appear by Telephone, by (name): Scott D. Long 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): Defs/X-Complainants Leonard W. Stone and Jessica L. Stone 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): b. è The cross-complaint, if any, was filed on (date): March 8, 2022 3. Service (to be answered by plaintiffs and cross-complainants only) a. è All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. è 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) è have had a default entered against them (specify names): Steven A Weinkauf, individually and Steven A Weinkauf, as Trustee of the Steven A. Weinkauf Irrevocable Living Trust 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 è complaint è cross-complaint (Describe, including causes of action): Complaint alleges the following causes of action: 1) To Set Aside Fraudulent Transfer; 2) Constructive Fraud; 3) To Quiet Title pursuant to CCP § 760.010-764.080; 4) Declaratory Relief; 5) Constructive Trust; 6) Cancellation of Written Instrument.Cross Complaint is for Indemnity, Contribution, and Declaratory Relief. 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. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Adriana J. Quintero CASE NUMBER: DEFENDANT/RESPONDENT: Leonard W. Stone, III, et al. 22-CIV-00190 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.) Case involves the sale and transfer of subject property by def. Steven A. Weinkauf to defs. Leonard and Jessica Stone ("Stones"). Pltf alleges that def. Weinkauf sought to avoid paying a monetary judgment obtained against him by selling subject property to the Stones and ptlf seeks to cancel the transaction.The Stones seek indemnification and declaratory relief resulting from pltf's complaint. (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 è 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. è (if 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): January 27, 2023 (Pre-Trial Conference); February 6-10, 2023 (trial); March 3, 2023 (TSC); March 13-17, 2023 (trial); May 4, 2023 (MSC); May 26, 2023 (TRC); May 30-June 2, 2023 (trial). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. è days (specify number): 3-5. b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial è 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 è 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) è 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): CRC 3.811(b)(8) amount in controversy exceeds $50,000. CM-110 [Rev. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Adriana J. Quintero CASE NUMBER: DEFENDANT/RESPONDENT: Leonard W. Stone, III, et al. 22-CIV-00190 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 è Agreed to complete mediation by (date): Mediation completed on (date): è Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): è 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. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Adriana J. Quintero CASE NUMBER: DEFENDANT/RESPONDENT: Leonard W. Stone, III, et al. 22-CIV-00190 11. Insurance a. ê Insurance carrier, if any, for party filing this statement (name): Fidelity National Title Insurance Company b. Reservation of rights: Yes ê 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. ê There are companion, underlying, or related cases. (1) Name of case: Quintero v. Weinkauf (2) Name of court: San Mateo (3) Case number: 18CIV0583 (4) Status: Judgment 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 (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial 16. Discovery a. The party or parties have completed all discovery. b. ê The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Leonard W. Stone and Jessica L. Stone Initial Written Discovery September 2022 Leonard W. Stone and Jessica L. Stone Third Party Subpoenas December 2022 Leonard W. Stone and Jessica L. Stone Oral Witness Depositions January 2023 Leonard W. Stone and Jessica L. Stone Supplemental Discovery and Expert Witness Depositions Per Statute c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Adriana J. Quintero CASE NUMBER: DEFENDANT/RESPONDENT: Leonard W. Stone, III, et al. 22-CIV-00190 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): 20. Total number of pages attached (if any): 0 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: August 12, 2022 Scott D. Long (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] Page 5 of 5 CASE MANAGEMENT STATEMENT Quintero v. Stone, et al San Mateo County Superior Court Case No. 22-CIV-00190 1 PROOF OF SERVICE 2 I am employed in the County of Contra Costa, State of California. I am over the age of 18 years and not a party to the within action. My business address is 1550 Parkside Drive, Suite 300, 3 Walnut Creek, California 94596. On the date entered below, I served the within: 4  LEONARD W. STONE III AND JESSICA L. STONE’S CASE MANAGEMENT STATEMENT 5 on the parties in said action by placing a true copy thereof as indicated below, addressed as follows: 6 Counsel for Plaintiff Adriana J. Quintero 7 Bart I. Ring, Esq. The Ring Law Firm APLC 8 5550 Topanga Canyon Blvd, Suite 200 Woodland Hills, CA 91367 9 Tel.: (818) 587-9299 Email: bart@bartringlaw.com 10 11 BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed for collection and mailing at my place of business. Following ordinary business practices, said 12 correspondence will be deposited with the United States Postal Service at Walnut Creek, California, on the referenced date in the ordinary course of business. There is delivery service 13 by United States mail at the place so addressed in the City of Walnut Creek, County of Contra Costa, State of California. 14 BY OVERNIGHT MAIL: I caused such copies to be placed in envelopes designated by the 15 express carrier, Federal Express, with delivery fees provided for and deposited those envelopes in a pickup box regularly maintained by Federal Express. 16 BY EMAIL: I caused a PDF document to transmit via electronic mail to the email addresses 17 listed above. 18 BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the offices of the addressee(s). 19 I declare under the penalty of perjury under the laws of the State of California, that the 20 foregoing is true and correct. 21 Executed on August 12, 2022, at Walnut Creek, California. 22 ___________________________________ 23 Michael B. Garcia 24 25 26 27 28 1 PROOF OF SERVICE