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  • NEW WEST VENTURES, LLC ET AL VS. CNS MANAGEMENT EQUITY PARTNERS LLC ET AL CONTRACT/WARRANTY document preview
  • NEW WEST VENTURES, LLC ET AL VS. CNS MANAGEMENT EQUITY PARTNERS LLC ET AL CONTRACT/WARRANTY document preview
  • NEW WEST VENTURES, LLC ET AL VS. CNS MANAGEMENT EQUITY PARTNERS LLC ET AL CONTRACT/WARRANTY document preview
  • NEW WEST VENTURES, LLC ET AL VS. CNS MANAGEMENT EQUITY PARTNERS LLC ET AL CONTRACT/WARRANTY document preview
  • NEW WEST VENTURES, LLC ET AL VS. CNS MANAGEMENT EQUITY PARTNERS LLC ET AL CONTRACT/WARRANTY document preview
  • NEW WEST VENTURES, LLC ET AL VS. CNS MANAGEMENT EQUITY PARTNERS LLC ET AL CONTRACT/WARRANTY document preview
  • NEW WEST VENTURES, LLC ET AL VS. CNS MANAGEMENT EQUITY PARTNERS LLC ET AL CONTRACT/WARRANTY document preview
  • NEW WEST VENTURES, LLC ET AL VS. CNS MANAGEMENT EQUITY PARTNERS LLC ET AL CONTRACT/WARRANTY document preview
						
                                

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CM-110 ----------------------------------~-----------------, ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Jennifer Briggs Fisher (SBN 241321) / Jennifer O'Sullivan (SBN 118451) Duane Morris LLP One Market, Spear Tower, Suite 2200 San Francisco, CA 94105-1127 TELEPHONE NO.415. 957.3000 FAX NO. (Optional) 415.957.3001 ELECTRONICALLY E-MAIL ADDREss 1optiona1; jbfisher@duanemorris.com / josullivan@duanemorris.com Defendants ATTORNEY FOR (Name) F I L E D Superior Court of California, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO srnEET ADDREss 400 McAllister St. 01/07/2020 MAILING ADDRESS Clerk of the Court BY: VANESSA WU San Francisco, c1TY AND z1P coDE CA 94102-3680 Deputy Clerk BRANCH NAME: PLAINTIFF/PETITIONER: New West Ventures, LLC and James McAlpine DEFENDANT/RESPONDENT: CNS Management Equity Partners, LLC, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: CGC-19-578591 (Check one): UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 22, 2020 Time: 10:30 Dept.: 610 Div.: Room: Address of court (if different from the address above): [gJ Notice of Intent to Appear by Telephone, by (name): Jennifer Briggs Fisher INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1, Party or parties (answer one): a. [gJ This statement is submitted by party (name): Defendants Jennifer Sanders; CNS Equity Partners, LLC, erroneously sued herein as CNS Management Equity Partners, LLC; CNS Equity Partners NV 100, LLC; CNS Equity Partners NV 200, LLC; and AURA Ventures, LLC, erroneously sued herein as AURA 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. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D 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 [gJ complaint D cross-complaint (Describe, including causes of action): Plaintiffs alleged causes of action for breach of contract and invasion of privacy, 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. July 1, 2011] www.cowts.ca.gov ~ American LegaJNet, Inc. www.FonnsWorkF!ow.com ~Ii} CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: .New West Ventures, LLC and James MCAipine CGC-19-578591 DEFENDANT/RESPONDENT: CNS Equity Partners, LLC, et al. 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.) Plaintiffs allege that Defendants breached a prior settlement agreement in connection with the dissolution of a business arrangement between the parties. Plaintiffs are claiming breach of contract and appropriation of name and likeness, with damages in the amount of $323,000. The parties have agreed to a settlement in principle of Plaintiffs' claims and anticipate that the settlement will be finalized shortly and that the case will thereafter be dismissed with prejudice. D (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 D a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): See paragraph 4. b. 6. Trial date a. D The trial has been set for (date): b. [gj 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): See paragraph 4.b. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): See paragraph 4.b. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): See paragraph 4.b. a. D days (specify number): b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) [gj The party or parties will be represented at trial by the attorney or party listed in the caption D 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 D has D has not provided the ADR information package identified in rule 3.221to the client and reviewed ADR options with the client. (2) For self-represented parties: PartyD 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) D 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) D 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): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT n American LegalNet 1 Inc. www.FormsWorkFlow.com ~·.$1 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: New West Ventures, LLC and James McAlpine CGC-19-578591 DEFENDANT/RESPONDENT: CNS Management Equity Partners, 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 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): 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): D Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for (date): conference D D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation D D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D Judicial arbitration scheduled for (date): arbitration D D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D Private arbitration scheduled for (date): arbitration D D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D ADR session scheduled for (date): 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 ~ American LegalNet, Inc. ~.H ,y_ww,Forms\VorkF\ow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: New West Ventures, LLC and James McAlpine >-- CGC-19-578591 DEFENDANT/RESPONDENT: CNS Management Equity Partners, LLC, et al. 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D 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. D Bankruptcy [g] Other (specify): The parties have agreed to a settlement in principle and anticipate that the settlement will be finalized shortly and that the case will thereafter be dismissed with prejudice. Status: See above. 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: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b D The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011) Page 4 of 5 CASE MANAGEMENT STATEMENT h American LegnlNet, Inc. filY.lV.FormsWorkFlow.com ~-~ CM-110 CASE NUMB ER: PLAINTIFF/PETITIONER: New West Ventures, LLC and James McAlpine CGC-19-578591 DEFENDANT/RESPONDENT: CNS Management Equity Partners, LLC, et al. 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 ~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties have agreed to a settlement in principle and anticipate that the settlement will be finalized shortly and that the case will thereafter be dismissed with prejudice. Accordingly, Defendants request that the Case Management Conference be continued for 60 days to allow the parties time to finalize the settlement and for the court to enter a dismissal of the action . 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) : __ __ 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 conferen ce, including the written authority of the party where required . Date : January 7, 2020 Jennifer Briggs Fisher (TYPE OR PRINT NAME) (TYPE OR PR INT NAME) (S IGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached . CM-110 IRev. July 1, 2011 ] Page 5 of 5 CASE MANAGEMENT STATEMENT ~ Americn n Lcgn lNet, In c. ~ .Q www.FonnsWprkFlow.co 111 1 New West Ventures, LLC, et al.v. CNS Management Equity Partners, LLC, et al. San Francisco Superior Court, Case No. CGC-19-578591 2 PROOF OF SERVICE 3 I am a resident of the state of California, I am over the age of 18 years, and I am not a paiiy 4 to this lawsuit. My business address is Duane Morris LLP, One Market Plaza, Spear Tower, Suite 2200, San Francisco, California 94015-1127. On the date set forth below, I served the following 5 document(s): 6 CASE MANAGEMENT STATEMENT 7 on the interested party(ies) in this action in the following manner: FILE & SERVEXPRESS: On the date set forth below, at San Francisco, California, I caused the 8 foregoing document(s) to be served by electronic transmission to the e-mail address(es) provided through File & ServeXpress. The document was transmitted by electronic transmission from a 9 computer in the offices of Duane Monis. 10 BY FIRST CLASS MAIL: I am readily familiar with the firm's practice for collection and 11 processing of correspondence for mailing. Under that practice, the correspondence is deposited with the U .S. Postal Service on the same day as collected, with first-class postage thereon fully prepaid, 12 for mailing to the office of the addressee following ordinary business practices. 13 Josh S. Brownstein 14 Brownstein Law Group, P.C. 7250 Redwood Blvd., Suite 300 15 Novato, CA 94945 T: 415.761.8761 16 Email: josh@brownsteinlawgroup.com 17 Attorneys for Plaintiffs NEW WEST VENTURES, LLC and JIM 18 MCALPINE 19 20 I declare under penalty of pe1jury under the laws of the State of California that the foregoing is true and correct. 21 Executed on January 7, 2020, at San Francisco, California. 22 23 24 25 26 27 28 DM l\ 10095533. 1 PROOF OF S ERVICE - C ASE NO. CGC-19-578591