Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address) FOR COURT USE ONLY
William C. Last, Jr. (Bar # 83588)
Patrick J. Whitehorn (Bar # 225927)
Last & Faoro
520 S. El Camino Real, Ste 430
San Mateo, CA 94402
TAEMHONENO. (650) 696-8350 FARNO (Oxon (650) 696-8365 FILLED ~~
E-MAIL ADDRESS (Optional)
ATTORNEY FoR Wamey Grepory Fishman, Plaintiff Superior Court of California,
County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street appress 400 McAllister Street 06/28/2017,
waning aooress: 400 McAllister Street BY: JEFFREY LEE
city ano ze cone: San Francisco, CA 94102 Deputy Clerk
BRANCH NAME
PLAINTIFF/PETITIONER: Gregory Fishman
DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al.
CASE MANAGEMENT STATEMENT ‘CASE NUMBER.
(Check one): ([X] UNLIMITED CASE (1 Limrep case
(Amount demanded (Amount demanded is $25,000 CGC-17-557162
exceeds $25,000) or less) ~
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: July 19,2017 Time: 10:30 am Dept.: 610 Div: Room:
Address of court (if different from the address above):
X_] Notice of intent to Appear by Telephone, by (name): Patrick J. Whitehorn
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. . Party or parties (answer one):
a. LX This statement is submitted by party (name): Gregory Fishman
b. [_] This statementis submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): February 17, 2017
b. (C_] The cross-complaint, if any, was filed on (date):
3. Service (fo be answered by plaintiffs and cross-complainants only)
a. [I al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. (XC) The following parties named in the complaint or cross-complaint
(i) [571 have not been served (specify names and explain why not): See Attachment 3b(1)
(2) (£1 have been served but have not appeared and have not been dismissed (specify names):
@Q) 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 |X complaint i (2) cross-complaint . (Describe, inchiding causes of action):
The First Amended Complaint includes Causes of Action for Breach of Fiduciary Duties, Breach of
Obligation of Good Faith and Fair Dealing, Breach of Contract and Accounting.
Page 1 of 5.
Flom accolad fer Monetary se CASE MANAGEMENT STATEMENT Gal Rees of Gout,
CM-A10 [Rov July 1.2011] —
LexisNexis® Automated California Judicial Council FormsCM-110
PLAINTIFF/PETITIONER: Gregory Fishman CASE NUMBER )
DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al. CGC-17-557162
4. b.. Provide a brief statement of the case, including any damages, {/f 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
eamings to dale, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.)
See Attachment 4b
(2) (fmore space is needed, check this box and attach a page designated as Attachment 4b.)
5, Jury or nonjury trial
The party or parties request CX] a jury trial a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial dat
a. (__] The trial has been sel for (date):
b. LX
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):
See Attachment 6c
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [3C) days (specify number): 3
b. hours (short causes) (specify):
8. Trial representation (fo be answered for each party)
The party or parties will be represented al trial [X_] by the attorney or party listed in the caption [[__] by the following:
a. Attorney:
Firm:
Address:
Telephone number: £
E-mail address:
[21 Additional representation is described in Attachment 8.
Fax number:
g. Party represented:
epaos
9. Preference
This case is enlitled 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 (X] 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 Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Total value of this case exceeds $50,000.00
CM-140 floaty 1: 2011] CASE MANAGEMENT STATEMENT Page 2 of §
LexisNexis® Automated California Judicial Council FormsCASE NUMBER.
CGC-17-557162
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):
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 (dafe):
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).
OOOU0;}OO000/0000;/0000;0000/0008
ADR completed on (date):
SME et 2 CASE MANAGEMENT STATEMENT =e
LexisNexis® Automated California Judicial Council FormsCM-110
CASE NUMBER,
CGC-17-557162
PLAINTIFF/PETITIONER: Gregory Fishman
DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al.
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:
[) aaditional cases are described in Attachment 13a
b. Amotionto [__} consolidate [_] coordinate —_will 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
("The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
18. Discovery
a. (_] The party or parties have completed all discovery.
b. CXC] The following discovery will be completed by the date specified (describe all anticipated discovery}:
Party Des« ion Date
Plaintiff Interrogatories Per Code
Plaintiff Request for Production Per Code
Plaintiff Request for Admission Per Code
Plaintiff Depositions Per Code
G | The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CMO {Rev July 12081) CASE MANAGEMENT STATEMENT Page dof §
LexisNexis® Automated California Judicial Council FormsCM-110
PLAINTIFF/PETITIONER: Gregory Fishman CASE NUMBER.
DEFENDANTIRESPONDENT: Cambridge Staffing Solutions, LLC, et al. CGC-17-557162
17. Economic titigation
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 liligation procedures relating to discovery or trial
should not apply to this case):
18, Other issues
(1 The partly or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19, Meet and confer
a, (3) The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califormia Rules
of Court (if not, explain):
b. After meeting and conferting as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
Issues relating to Defendants failure to provide documents relating to the business have been resolved.
20, Total number of pages attached {if any): _
1 am completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative 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: June 28, 2017
Patrick J, Whitehorn
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OF PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CMO 4, 201) CASE MANAGEMENT STATEMENT Fae Sot
LexisNexis® Automated California Judicial Council FormsAttachments
Attachment 3b(1)
Defendants Cambridge Staffing Solutions, LLC, Alex Sino and Lidia Kiritchenko have not
been served. The parties resolved an issue raised in the original complaint before it wa
served but not all issues have been resolved. A first Amended Complaint is being filed
concurrently with this Case Management Statement.
Attachment 4b
Defendants Sino and Kiritchenko and Plaintiff are al! member managers of Defendant
Cambridge Staffing Solutions, LLC. Defendants Sino and Kiritchenko operate a wholly
owned subsidiary of Cambridge Staffing Solutions. Plaintiff has learned that he has been
excluded from management of the business, is not being provide with his share of the
profits from the business, and that Defendants Sino and Kiritchenko have breached their
fiduciary duties, obligations and contract with Plaintiff by having organized, incorporated,
created or otherwise acquired at least four separate companies that operate in the sam
industry and directly compete against Defendant Cambridge and its subsidiaries.
Attachment 6c
6/14/17 Trial; 6/21/17 Issue Conference; 6/27/17 Demurrer; 7/6/17-7/7/17 Pre-Trial
Conference; 7/10//17-7/31/17 Trial; 8/1/17 Mandatory Settlement Conference; 8/7/17
8/11/17 Trial; 8/14/17 8/18/17 Trial; 8/24/17 Issue Conference; 9/18/17-10/2/17 Trial;
10/10/17-10/16/17 Trial; 10/23/17-10/27/17 Trial; 10/30/17-11/3/17 Trial;
V4/13/17-11/15/17 Trial; 11/27/17 - 12/1/17 Trial; 12/15/17-12/21/17 Trial; 1/29/18 -
2/9/18 Trial.wv
oS OD mo DH eB Ow
PROOF OF SERVICE
1, the undersigned, declare that | am employed in the City and County of San Mateo,
California. | am over the age of eighteen years and not a party to the within action. My business address
is 520 S. El Camino Real, Ste 430, San Mateo, California 94402.
On the indicated below, | served the within document(s), entitled:
CASE MANAGEMENT STATEMENT
on each party(ies) addressed as follows:
XXX
[ BY MAIL: by placing a true copy of each document listed above in a sealed envelope
addressed to the parties listed above and depositing it with the U.S. Postal Service on the date
shown below.
[ BY HAND: I caused each such envelope to be delivered by hand to the addressee(s) listed
above via same day messenger service.
[ BY E-MAIL: I caused a true copy to be transmitted via e-mail to the addressee(s) listed above
at the e-mail noted after the party’s address.
a BY OVERNIGHT DELIVERY: by delivering each document to an authorized courier
authorized by the express service carrier to receive documents in an envelope designated by
the express service carrier with delivery fees prepaid or provided for and addressed as above-
shown.
[ BY FACSIMILE: ] caused a true copy to be transmitted via facsimile to the addressee(s)
listed above at the Fax number noted after the party’s address.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
fp
\4
A “
v
ee 7
Executed on June 28, 2017
Proof of Service
Preview
CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address) FOR COURT USE ONLY William C. Last, Jr. (Bar # 83588) Patrick J. Whitehorn (Bar # 225927) Last & Faoro 520 S. El Camino Real, Ste 430 San Mateo, CA 94402 TAEMHONENO. (650) 696-8350 FARNO (Oxon (650) 696-8365 FILLED ~~ E-MAIL ADDRESS (Optional) ATTORNEY FoR Wamey Grepory Fishman, Plaintiff Superior Court of California, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO street appress 400 McAllister Street 06/28/2017, waning aooress: 400 McAllister Street BY: JEFFREY LEE city ano ze cone: San Francisco, CA 94102 Deputy Clerk BRANCH NAME PLAINTIFF/PETITIONER: Gregory Fishman DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al. CASE MANAGEMENT STATEMENT ‘CASE NUMBER. (Check one): ([X] UNLIMITED CASE (1 Limrep case (Amount demanded (Amount demanded is $25,000 CGC-17-557162 exceeds $25,000) or less) ~ A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 19,2017 Time: 10:30 am Dept.: 610 Div: Room: Address of court (if different from the address above): X_] Notice of intent to Appear by Telephone, by (name): Patrick J. Whitehorn INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. . Party or parties (answer one): a. LX This statement is submitted by party (name): Gregory Fishman b. [_] This statementis submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): February 17, 2017 b. (C_] The cross-complaint, if any, was filed on (date): 3. Service (fo be answered by plaintiffs and cross-complainants only) a. [I al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. (XC) The following parties named in the complaint or cross-complaint (i) [571 have not been served (specify names and explain why not): See Attachment 3b(1) (2) (£1 have been served but have not appeared and have not been dismissed (specify names): @Q) 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 |X complaint i (2) cross-complaint . (Describe, inchiding causes of action): The First Amended Complaint includes Causes of Action for Breach of Fiduciary Duties, Breach of Obligation of Good Faith and Fair Dealing, Breach of Contract and Accounting. Page 1 of 5. Flom accolad fer Monetary se CASE MANAGEMENT STATEMENT Gal Rees of Gout, CM-A10 [Rov July 1.2011] — LexisNexis® Automated California Judicial Council FormsCM-110 PLAINTIFF/PETITIONER: Gregory Fishman CASE NUMBER ) DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al. CGC-17-557162 4. b.. Provide a brief statement of the case, including any damages, {/f 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 eamings to dale, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.) See Attachment 4b (2) (fmore space is needed, check this box and attach a page designated as Attachment 4b.) 5, Jury or nonjury trial The party or parties request CX] a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial dat a. (__] The trial has been sel for (date): b. LX 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): See Attachment 6c 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [3C) days (specify number): 3 b. hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented al trial [X_] by the attorney or party listed in the caption [[__] by the following: a. Attorney: Firm: Address: Telephone number: £ E-mail address: [21 Additional representation is described in Attachment 8. Fax number: g. Party represented: epaos 9. Preference This case is enlitled 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 (X] 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Total value of this case exceeds $50,000.00 CM-140 floaty 1: 2011] CASE MANAGEMENT STATEMENT Page 2 of § LexisNexis® Automated California Judicial Council FormsCASE NUMBER. CGC-17-557162 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): 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 (dafe): 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). OOOU0;}OO000/0000;/0000;0000/0008 ADR completed on (date): SME et 2 CASE MANAGEMENT STATEMENT =e LexisNexis® Automated California Judicial Council FormsCM-110 CASE NUMBER, CGC-17-557162 PLAINTIFF/PETITIONER: Gregory Fishman DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al. 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: [) aaditional cases are described in Attachment 13a b. Amotionto [__} consolidate [_] coordinate —_will 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 ("The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 18. Discovery a. (_] The party or parties have completed all discovery. b. CXC] The following discovery will be completed by the date specified (describe all anticipated discovery}: Party Des« ion Date Plaintiff Interrogatories Per Code Plaintiff Request for Production Per Code Plaintiff Request for Admission Per Code Plaintiff Depositions Per Code G | The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CMO {Rev July 12081) CASE MANAGEMENT STATEMENT Page dof § LexisNexis® Automated California Judicial Council FormsCM-110 PLAINTIFF/PETITIONER: Gregory Fishman CASE NUMBER. DEFENDANTIRESPONDENT: Cambridge Staffing Solutions, LLC, et al. CGC-17-557162 17. Economic titigation 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 liligation procedures relating to discovery or trial should not apply to this case): 18, Other issues (1 The partly or parties request that the following additional matters be considered or determined at the case management conference (specify): 19, Meet and confer a, (3) The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califormia Rules of Court (if not, explain): b. After meeting and conferting as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): Issues relating to Defendants failure to provide documents relating to the business have been resolved. 20, Total number of pages attached {if any): _ 1 am completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative 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: June 28, 2017 Patrick J, Whitehorn (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OF PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CMO 4, 201) CASE MANAGEMENT STATEMENT Fae Sot LexisNexis® Automated California Judicial Council FormsAttachments Attachment 3b(1) Defendants Cambridge Staffing Solutions, LLC, Alex Sino and Lidia Kiritchenko have not been served. The parties resolved an issue raised in the original complaint before it wa served but not all issues have been resolved. A first Amended Complaint is being filed concurrently with this Case Management Statement. Attachment 4b Defendants Sino and Kiritchenko and Plaintiff are al! member managers of Defendant Cambridge Staffing Solutions, LLC. Defendants Sino and Kiritchenko operate a wholly owned subsidiary of Cambridge Staffing Solutions. Plaintiff has learned that he has been excluded from management of the business, is not being provide with his share of the profits from the business, and that Defendants Sino and Kiritchenko have breached their fiduciary duties, obligations and contract with Plaintiff by having organized, incorporated, created or otherwise acquired at least four separate companies that operate in the sam industry and directly compete against Defendant Cambridge and its subsidiaries. Attachment 6c 6/14/17 Trial; 6/21/17 Issue Conference; 6/27/17 Demurrer; 7/6/17-7/7/17 Pre-Trial Conference; 7/10//17-7/31/17 Trial; 8/1/17 Mandatory Settlement Conference; 8/7/17 8/11/17 Trial; 8/14/17 8/18/17 Trial; 8/24/17 Issue Conference; 9/18/17-10/2/17 Trial; 10/10/17-10/16/17 Trial; 10/23/17-10/27/17 Trial; 10/30/17-11/3/17 Trial; V4/13/17-11/15/17 Trial; 11/27/17 - 12/1/17 Trial; 12/15/17-12/21/17 Trial; 1/29/18 - 2/9/18 Trial.wv oS OD mo DH eB Ow PROOF OF SERVICE 1, the undersigned, declare that | am employed in the City and County of San Mateo, California. | am over the age of eighteen years and not a party to the within action. My business address is 520 S. El Camino Real, Ste 430, San Mateo, California 94402. On the indicated below, | served the within document(s), entitled: CASE MANAGEMENT STATEMENT on each party(ies) addressed as follows: XXX [ BY MAIL: by placing a true copy of each document listed above in a sealed envelope addressed to the parties listed above and depositing it with the U.S. Postal Service on the date shown below. [ BY HAND: I caused each such envelope to be delivered by hand to the addressee(s) listed above via same day messenger service. [ BY E-MAIL: I caused a true copy to be transmitted via e-mail to the addressee(s) listed above at the e-mail noted after the party’s address. a BY OVERNIGHT DELIVERY: by delivering each document to an authorized courier authorized by the express service carrier to receive documents in an envelope designated by the express service carrier with delivery fees prepaid or provided for and addressed as above- shown. [ BY FACSIMILE: ] caused a true copy to be transmitted via facsimile to the addressee(s) listed above at the Fax number noted after the party’s address. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. fp \4 A “ v ee 7 Executed on June 28, 2017 Proof of Service