Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Matthew Donald Umhofer, SBN 206607/Diane H. Bang, SBN 271939
SPERTUS, LANDES & UMHOFER LLP
1990 South Bundy Drive, Suite 705
Los Angeles, California 90025
ELECTRONICALLY FILED
TELEPHONE NO.:(310) 826-4700 FAX NO. (Optional): (310) 826-4711
Superior Court of California
mumhofer@spertuslaw.com; dbang@spertuslaw.com
E-MAIL ADDRESS:
County of Santa Barbara
Plaintiffs Mark Schaub and TLG Ltd.
ATTORNEY FOR (Name):
Darrel E. Parker, Executive Officer
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
5/2/2022 4:27 PM
STREET ADDRESS:1100 Anacapa Street
1100 Anacapa Street
MAILING ADDRESS:
By: Leili Hejazi, Deputy
Santa Barbara, California 93101
CITY AND ZIP CODE:
BRANCH NAME:Anacapa District
PLAINTIFF/PETITIONER: Mark Schaub, et al.
DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE 20CV02113
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 6, 2022 Time: 10:00 a.m. Dept.: SB 4 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Diane Bang, by Courtcall or Zoom
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): Plaintiffs Mark Schaub and TLG Ltd.
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): June 14, 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):
(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):
Plaintiffs assert claims for (1) Conversion; (2) Intentional Misrepresentation - Fraud; (3) Concealment; (4) Breach of Contract -
$1,940,000; (5) Breach of Contract - $400,000; and (6) 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. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Mark Schaub, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. 20CV02113
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.)
Defendants stole approximately US $1.9 million from Plaintiffs. Defendants refuse to return Plaintiffs' money despite their
numerous pleas. Plaintiffs seek entry of judgment against the Defendants for actual damages, statutory damages, punitive or
treble damages, and other damages as provided by statute. Plaintiffs also seek pre-judgment and post-judgment interest and
award of costs in prosecuting this action, reasonable attorneys' fees, court costs, and other litigation-related expenses.
(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 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. (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):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 4
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:
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 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):
The amount in controversy exceeds statutory limits.
CM-110 [Rev. September 1, 2021] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Mark Schaub, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. 20CV02113
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): June 22, 2021
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. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Mark Schaub, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. 20CV02113
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:
(2) Name of court:
(3) Case number:
(4) Status:
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
Plaintiffs may file a petition for writ of attachment, and/or motion(s) for summary judgment or summary adjudication.
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
Plaintiffs Mark Schaub and TLG Ltd. Written Discovery Per Code
Plaintiffs Mark Schaub and TLG Ltd. Deposition of Defendants Per Code
Plaintiffs Mark Schaub and TLG Ltd. Deposition of All Percipient Witnesses Per Code
Plaintiffs Mark Schaub and TLG Ltd. Expert Discovery Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Plaintiff Mark Schaub filed a motion to compel further responses to discovery against Defendant FCP Corporate Ltd. on
February 15, 2022. The motion is set for hearing on May 6, 2022. Plaintiffs anticipate filing motions to compel discovery
against Defendants Waters and FCP Private.
CM-110 [Rev. September 1, 2021] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Mark Schaub, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. 20CV02113
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):
Defendants FCP Corporate Ltd. and FCP Private, LLC are currently not represented by counsel even though California law
requires corporate entities to be represented by counsel. Thomas G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal. App. 3d
501, 503 ("The rule is clear in this state that, with the sole exception of small claims court, a corporation cannot act in proparia
persona in California state court."). Plaintiff intends to file a motion to strike Defendants' Answer and request for default.
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):
a CMADRESS was held and was not successful.
20. Total number of pages attached (if any): None
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: May 2, 2022
Diane Bang
(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
1 PROOF OF SERVICE
2 (CODE CIV. PROC. § 1013A(3))
3 STATE OF CALIFORNIA )
)
4 COUNTY OF LOS ANGELES )
5 I am employed in the County of Los Angeles, State of California. I am
over the age of 18 and not a party to the within action. My business address is
6 617 West 7th Street, Suite 200, Los Angeles, CA 90017.
7 On May 2, 2022, I served the foregoing document described as:
8
CASE MANAGEMENT STATEMENT
9
10 on the interested parties in this action, addressed as follows:
11 SEE ATTACHED SERVICE LIST
TELEPHONE 310-826-4700; FACSIMILE 310-826-4711
Spertus, Landes & Umhofer, LLP
12 [X] MAIL: I placed a true and correct copy of the document in a sealed
envelope for collection and mailing following the firm’s ordinary business
1990 SOUTH BUNDY DR., SUITE 705
13 practices. I am readily familiar with the firm’s practice for collection and
LOS ANGELES, CA 90025
processing correspondence for mailing. On the same day that correspondence is
14 placed for collection and mailing, it is deposited in the ordinary course of business
with the United States Postal Service in a sealed envelope with postage fully
15 prepaid.
16 [X] VIA ELECTRONIC SERVICE - I transmitted the above-described
documents via electronic service to the person(s) named in the service list pursuant
17 to Code Civ. Pro. § 1010.6(e)(1) and Cal. Rule of Court 2.251(c)(3), originating
from an Electronic Filing Service Provider (EFSP) e-service portal affiliated with
18 Spertus, Landes & Umhofer, LLP. A true and correct copy of the above-described
document(s) was/will be transmitted by the EFSP on the date listed below.
19
20
21
22
I declare under penalty of perjury under the laws of the United States of
23 America and the State of California that the above is true and correct. Executed on
May 2, 2022 at Los Angeles, California.
24
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26 Anita Jonian
27
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PROOF OF SERVICE
1 SERVICE LIST
2
Andrew Wyles Waters
3 5325 County Road 100
Carbondale, CO 81623
4 Email: andrew.waters@firstcp.com
5 FCP Corporate HK LTD
6 Attn: Andrew Waters, Manager
Attn: Daniel Holloway, Manager
7 5325 County Road 100
Carbondale, CO 81623
8 Email: andrew.waters@firstcp.com
Email: daniel.holloway@firstcp.com
9
FCP Private, LLC
10 5325 County Road 100
Carbondale, CO 81623
11 Email: andrew.waters@firstcp.com
TELEPHONE 310-826-4700; FACSIMILE 310-826-4711
Spertus, Landes & Umhofer, LLP
12
1990 SOUTH BUNDY DR., SUITE 705
13
LOS ANGELES, CA 90025
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PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Matthew Donald Umhofer, SBN 206607/Diane H. Bang, SBN 271939 SPERTUS, LANDES & UMHOFER LLP 1990 South Bundy Drive, Suite 705 Los Angeles, California 90025 ELECTRONICALLY FILED TELEPHONE NO.:(310) 826-4700 FAX NO. (Optional): (310) 826-4711 Superior Court of California mumhofer@spertuslaw.com; dbang@spertuslaw.com E-MAIL ADDRESS: County of Santa Barbara Plaintiffs Mark Schaub and TLG Ltd. ATTORNEY FOR (Name): Darrel E. Parker, Executive Officer SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA 5/2/2022 4:27 PM STREET ADDRESS:1100 Anacapa Street 1100 Anacapa Street MAILING ADDRESS: By: Leili Hejazi, Deputy Santa Barbara, California 93101 CITY AND ZIP CODE: BRANCH NAME:Anacapa District PLAINTIFF/PETITIONER: Mark Schaub, et al. DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 20CV02113 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 6, 2022 Time: 10:00 a.m. Dept.: SB 4 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Diane Bang, by Courtcall or Zoom 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): Plaintiffs Mark Schaub and TLG Ltd. 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): June 14, 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): (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): Plaintiffs assert claims for (1) Conversion; (2) Intentional Misrepresentation - Fraud; (3) Concealment; (4) Breach of Contract - $1,940,000; (5) Breach of Contract - $400,000; and (6) 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. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Mark Schaub, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. 20CV02113 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.) Defendants stole approximately US $1.9 million from Plaintiffs. Defendants refuse to return Plaintiffs' money despite their numerous pleas. Plaintiffs seek entry of judgment against the Defendants for actual damages, statutory damages, punitive or treble damages, and other damages as provided by statute. Plaintiffs also seek pre-judgment and post-judgment interest and award of costs in prosecuting this action, reasonable attorneys' fees, court costs, and other litigation-related expenses. (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 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. (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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 4 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: 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 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): The amount in controversy exceeds statutory limits. CM-110 [Rev. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Mark Schaub, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. 20CV02113 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): June 22, 2021 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. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Mark Schaub, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. 20CV02113 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: (2) Name of court: (3) Case number: (4) Status: 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 Plaintiffs may file a petition for writ of attachment, and/or motion(s) for summary judgment or summary adjudication. 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 Plaintiffs Mark Schaub and TLG Ltd. Written Discovery Per Code Plaintiffs Mark Schaub and TLG Ltd. Deposition of Defendants Per Code Plaintiffs Mark Schaub and TLG Ltd. Deposition of All Percipient Witnesses Per Code Plaintiffs Mark Schaub and TLG Ltd. Expert Discovery Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Plaintiff Mark Schaub filed a motion to compel further responses to discovery against Defendant FCP Corporate Ltd. on February 15, 2022. The motion is set for hearing on May 6, 2022. Plaintiffs anticipate filing motions to compel discovery against Defendants Waters and FCP Private. CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Mark Schaub, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. 20CV02113 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): Defendants FCP Corporate Ltd. and FCP Private, LLC are currently not represented by counsel even though California law requires corporate entities to be represented by counsel. Thomas G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal. App. 3d 501, 503 ("The rule is clear in this state that, with the sole exception of small claims court, a corporation cannot act in proparia persona in California state court."). Plaintiff intends to file a motion to strike Defendants' Answer and request for default. 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): a CMADRESS was held and was not successful. 20. Total number of pages attached (if any): None 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: May 2, 2022 Diane Bang (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 1 PROOF OF SERVICE 2 (CODE CIV. PROC. § 1013A(3)) 3 STATE OF CALIFORNIA ) ) 4 COUNTY OF LOS ANGELES ) 5 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 6 617 West 7th Street, Suite 200, Los Angeles, CA 90017. 7 On May 2, 2022, I served the foregoing document described as: 8 CASE MANAGEMENT STATEMENT 9 10 on the interested parties in this action, addressed as follows: 11 SEE ATTACHED SERVICE LIST TELEPHONE 310-826-4700; FACSIMILE 310-826-4711 Spertus, Landes & Umhofer, LLP 12 [X] MAIL: I placed a true and correct copy of the document in a sealed envelope for collection and mailing following the firm’s ordinary business 1990 SOUTH BUNDY DR., SUITE 705 13 practices. I am readily familiar with the firm’s practice for collection and LOS ANGELES, CA 90025 processing correspondence for mailing. On the same day that correspondence is 14 placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully 15 prepaid. 16 [X] VIA ELECTRONIC SERVICE - I transmitted the above-described documents via electronic service to the person(s) named in the service list pursuant 17 to Code Civ. Pro. § 1010.6(e)(1) and Cal. Rule of Court 2.251(c)(3), originating from an Electronic Filing Service Provider (EFSP) e-service portal affiliated with 18 Spertus, Landes & Umhofer, LLP. A true and correct copy of the above-described document(s) was/will be transmitted by the EFSP on the date listed below. 19 20 21 22 I declare under penalty of perjury under the laws of the United States of 23 America and the State of California that the above is true and correct. Executed on May 2, 2022 at Los Angeles, California. 24 25 26 Anita Jonian 27 28 PROOF OF SERVICE 1 SERVICE LIST 2 Andrew Wyles Waters 3 5325 County Road 100 Carbondale, CO 81623 4 Email: andrew.waters@firstcp.com 5 FCP Corporate HK LTD 6 Attn: Andrew Waters, Manager Attn: Daniel Holloway, Manager 7 5325 County Road 100 Carbondale, CO 81623 8 Email: andrew.waters@firstcp.com Email: daniel.holloway@firstcp.com 9 FCP Private, LLC 10 5325 County Road 100 Carbondale, CO 81623 11 Email: andrew.waters@firstcp.com TELEPHONE 310-826-4700; FACSIMILE 310-826-4711 Spertus, Landes & Umhofer, LLP 12 1990 SOUTH BUNDY DR., SUITE 705 13 LOS ANGELES, CA 90025 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE