Proof of Service: WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL

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                                CM-110

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Sar number, and address}: POR COURT USE ONLY
SPENCER Y. KOOK (SBN 205304); TRAVIS WALL (SBN 191662)
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor, San Francisco, CA. 94111 ELECTRONICALLY
TevepHone no: 415-362-6000 FAX NO. (Cotona 415-834-9070 FILED
E+MAIL ADDRESS (Optonei: twall@mail. hinshawlaw.com Superior Court of California,
ATTORNEY FOR (Names: Defendants Applied Underwriters, Inc., et al. County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 02/14/2017
street Aooness: 400 McAllister Street Clerk of the Court

BYZEFFREY LEE

MaiLins apoRess: 400 McAllister Street Deputy Clerk|

cry ano zip CODE: San Francisco, CA 94102
BRANCH NAME!

PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et al.
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al,

CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE CI umitep case CGC-16-551614

(Amount demanded {Amount demanded is $25,000

exceeds $25,000) or less)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 1, 2017 Time: 10:30 a.m. Dept: 610 Div.: Room:
Address of court (if different from the address above):

[“~] Notice of intent to Appear by Telephone, by (name):

INSTRUCTIONS: Ail applicable boxes must be checked, and the specified information must be provided.
41. Party or parties (answer one):

a This statement is submitted by party (name): Defendants Applied Underwriters, Inc., et al. [See attached list}
b. [[7] 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. (7) Thecross-compiaint, if any, was filed on (date):

3. Service (to be answered by plaintiffs and cross-complainants only)
a. [1 Allparties 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) C1 have not been served (specify names and explain why not):

(2) [22] have been served but have not appeared and have not been dismissed (specify names):

(3) [71 have had a default entered against them (specify names):

ec. C7] 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 ofcase in [7] complaint [7] cross-complaint (Describe, including causes of action):

Breach of Contract; Tortious Breach of the Implied Covenant of Good Faith and Fair Dealing; Negligent
Misrepresentation; Rescission; Conversion; Unfair Business Practices; and Declaratory Relief

Page 10f S
Foam Adaya Mandan Use CASE MANAGEMENT STATEMENT aoawasCM-110

PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et al. | CASE NUMBER: dea
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al. peop tele

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
earings to date, and estimated future fost earnings. if equitable relief is sought, describe the nature of the relief.)

Plaintiffs run hotels and restaurants in multiple states. The vast majority of their employees are in other states.
The Applied Defendants moved to stay based on a mandatory venue provision. The court granted that motion
with respect to the non-California entities, effectively splitting the case in two. Plaintiffs seek damages as to the
‘small remaining California portion.

[1 (fmore space is needed, check this box and attach a page designated as Attachment 4b.)

5. Jury or nonjury triat
‘The party or parties request [_] ajurytrial [_] anonjurytrial. —_(/f more than one party, provide the name of each party
requesting a jury trial):

6. Trial date
a. [C7] The trial has been set for (date):
b. [7] Notrial 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):
The pleadings are not yet at issue with respect to the Applied Defendants.
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 CJ days (specify number):
b. [7] 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 [7] 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)

@. 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 [7] has Cod 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 availabie).
(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):

Sea ee bee he CASE MANAGEMENT STATEMENT TeavasteCM-110

PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et al.
EFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al.

TOMBER
CGC-16-551614

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 ail that apply and provide the specified information):

The party or parties completing
this form are willing to

participate in the following ADR
processes (check ail that apply):

if the party or parties compieting this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties‘ ADR
Stipulation):

(1) Mediation

(2) Settlement
conference

(3) Neutral evaluation

Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):

Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):

Settlement conference completed on (date):

Neutral evaluation not yet scheduled
Neutra! evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):

Neutral evaluation completed on (date):

(4) Nonbinding judicial
arbitration

Judicial arbitration not yet scheduled

Judicial arbitration scheduled for (date):

Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):

(8) Binding private
arbitration

(8) Other (specify):

O000| coco} Oooo} ooocloooolooon

Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):

ADR session not yet scheduled

ADR session scheduled for (date):

Agreed to complete ADR session by (date):
ADR completed on (date):

(CM-110 (Rev. duly 1, 2007)

CASE MANAGEMENT STATEMENT

Bage SoFsPLAINTIFFIPETITIONER: WARWICK AMUSEMENTS CORPORATION, et al. eerie u
-16-551614
DEFENDANTIRESPONDENT: APPLIED UNDERWRITERS, INC., et al. an

14. Insurance

a Insurance carrier, if any, for party filing this statement (name):
b. Reservation ofrights:  [ 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): Mandatory venue provision requiring the suit to be brought in Nebraska.
Status: Defendants’ motion to stay was granted in large part; a writ challenging the partial denial was recently denied.

13. Related cases, consolidation, and coordination
a. (02) There are companion, underlying, or related cases.
(1) Name of case: Applied Underwriters Captive Risk Assurance Co. v. Warwick Amusements Corp.

{2) Name of court: District Court of Douglas County, Nebraska
(3) Case number:

(4) Status: Recently filed
Additional cases are described in Attachment ‘3a.
b. Co] Amotionto [2] 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

CZ the party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motion for summary judgment or summary adjudication of issues.

16. Discovery
a. [_] The party or parties have compieted ail discovery.
b. (J The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Deseription Date

c¢. [7] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):

‘CM-140 (Rov, dtly 1, 2071)

CASE MANAGEMENT STATEMENT Vaan 4006CM-110

PLAINTIFFIPETITIONER: WARWICK AMUSEMENTS CORPORATION, et al. | CSE NUMBER:
CGC-16-551614

DEFENDANTRESPONDENT: APPLIED UNDERWRITERS, INC., et al.

47. 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

[7] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The pleadings are not at issue. The Applied Defendants filed a writ regarding the partial denial of their venue
motion. That writ was recently denied. The Applied Defendants subsequently filed a motion to strike with
respect to the claims by the remaining California entities. That motion is pending.

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):

The parties dispute whether the case should be venued in this court.

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 (ifany)) 1

arm 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: February 14, 2017

Travis Wall b i =

(TYPE OR PRINT NAME)

(SIGNATURE OF PARTY OR ATTORNEY)

(TYPE-OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.

CM-590 Row. ty 1, 2011) CASE MANAGEMENT STATEMENT Page SotsWarwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et al.
San Francisco Superior Court Case No. CGC-16-551614
DEFENDANTS

Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc.,
California Insurance Company, Continental Indemnity Company and Applied Risk Services, Inc.