Preview
CM-110
“ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale Bar number, and address}:9.4 729 FOR COURT USE ONLY
Robert C. Matz (SBN 217822)
2425 Webb Avenue, Suite 200
(Alameda, CA 94501
teLePHone No. (510) 263-8775 FAX NO. (Optional): ELECTRONICALLY
E-MAIL ADDRESS (Ontionay: robert@matzlawgroup. legal FILED
ATTORNEY FOR (Name): Plaintiff Joycelyn Lee. Superior Court of California,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco) County of San Francisco
streer appress: 400 McAllister Street 06/27/2016
MAILING ADDRESS: Clerk of the Court
7 BY-CAROL BALISTRERI
cry AND zip cove: San Francisco, CA 94111 Deputy Clerk
BRANCH NAME: Civic Center Courthouse
PLAINTIFF/PETITIONER: Joycelyn Lee
DEFENDANT/RESPONDENT: Desmond Tan
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): ¥_| UNLIMITED CASE LIMITED CASE CGC-15-547404
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: July 13, 2016 Time: 1:30 p.m. Dept.: 610 Div.: Room
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
41, Party or parties (answer one):
a. [7] This statement is submitted by party (name): Plaintiff Joycelyn Lee
b. This statement is 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): August 17, 2015
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) LJ 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 ofcase __
a. Type ofcasein |v | complaint cross-complaint (Describe, including causes of action):
Breach of implied-in-fact, oral joint venture/partnership agreement, oral contract, and quantum meruit in
connection with an unmarried couple's creation of a successful restaurant in San Francisco, which spawned
other restaurants and other opportunities including packaged foods and goods and franchising.
Page tof
Form Adopted for Mandatoy Use ‘ a Gal Rules of Cau,
Judicial Council of California CASE MANAGEMENT STATEMENT ‘tules 3.720-3.730
GhISAO Row Jay 20TH wane poeCM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Joycelyn Lee
CGC-15-547404
DEFENDANT/RESPONDENT: Desmond Tan
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
earings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
The parties created a string of successful restaurants in San Francisco and the East Bay and were operating
under an implied-in-fact and oral agreement they would be joint owners of the enterprise. The parties romantic
relationship ended, and Defendant started treating jointly owned assets as his own. Plaintiff seeks her share of
the enterprise they created or, in the alternative as to certain assets, quantum meruit for uncompensated work.
(if more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial or
The party or parties request (va jury trial CJ 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. [7] 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):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [7] days (specify number): Three
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [v ] 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 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 Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CASE MANAGEMENT STATEMENT Page 2 F 5PLAINTIFF/PETITIONER: Joycelyn Lee
EFENDANT/RESPONDENT: Desmond Tan
[CASE NUMBER:
CGC-15-547404
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
this form are willing to
participate in the following ADR
processes (check all that apply):
If the party or parties completing 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
[1 Mediation session not yet scheduled
[1 Mediation session scheduled for (date):
[1 Agreed to complete mediation by (date): 10/13/2016
[] Mediation completed on (dato):
(2) Settlement
conference
[1 Settlement conference not yet scheduled
[1 Settlement conference scheduled for (date):
[1 Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
(3) Neutral evaluation
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
(4) Nonbinding judicial
arbitration
(5) Binding private
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify):
ADR session not yet scheduled
ADR session scheduled for (date):
OO0)O000;0000/0000
Agreed to complete ADR session by (date):
[£] ADR completed on (date):
410 Rev, July #, 2014)
CASE MANAGEMENT STATEMENT
Page SotsPLAINTIFF/PETITIONER: Joycelyn Lee a |
CGC-15-647404 |
DEFENDANT/RESPONDENT; Desmond Tan |
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 _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
v |] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a, The party or parties have completed all discovery.
b. [7] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Joycelyn Lee Doc Requests, Rogs, RFAs 42/2016
Joycelyn Lee Depositions 2/2016
Joycelyn Lee Third Party/Expert Discovery 5/2016
CG The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
‘0 Rev. 42044 ; CASE MANAGEMENT STATEMENT PanesCM-110
PLAINTIFF/PETITIONER: Joycelyn Lee CASE NUMBER: ]
DO CGC-15-547404
DEFENDANT/RESPONDENT: Desmond Tan
17. Economic litigation
a. This is a limited civil case (i.¢., 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):
lam 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: June 27, 2016
Robert C. Matz >
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
d
(YPEOR PRINTNAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
M1 Rew day 1.2011 CASE MANAGEMENT STATEMENT Page Sof
Preview
CM-110 “ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale Bar number, and address}:9.4 729 FOR COURT USE ONLY Robert C. Matz (SBN 217822) 2425 Webb Avenue, Suite 200 (Alameda, CA 94501 teLePHone No. (510) 263-8775 FAX NO. (Optional): ELECTRONICALLY E-MAIL ADDRESS (Ontionay: robert@matzlawgroup. legal FILED ATTORNEY FOR (Name): Plaintiff Joycelyn Lee. Superior Court of California, SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco) County of San Francisco streer appress: 400 McAllister Street 06/27/2016 MAILING ADDRESS: Clerk of the Court 7 BY-CAROL BALISTRERI cry AND zip cove: San Francisco, CA 94111 Deputy Clerk BRANCH NAME: Civic Center Courthouse PLAINTIFF/PETITIONER: Joycelyn Lee DEFENDANT/RESPONDENT: Desmond Tan CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ¥_| UNLIMITED CASE LIMITED CASE CGC-15-547404 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 13, 2016 Time: 1:30 p.m. Dept.: 610 Div.: Room Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 41, Party or parties (answer one): a. [7] This statement is submitted by party (name): Plaintiff Joycelyn Lee b. This statement is 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): August 17, 2015 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) LJ 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 ofcase __ a. Type ofcasein |v | complaint cross-complaint (Describe, including causes of action): Breach of implied-in-fact, oral joint venture/partnership agreement, oral contract, and quantum meruit in connection with an unmarried couple's creation of a successful restaurant in San Francisco, which spawned other restaurants and other opportunities including packaged foods and goods and franchising. Page tof Form Adopted for Mandatoy Use ‘ a Gal Rules of Cau, Judicial Council of California CASE MANAGEMENT STATEMENT ‘tules 3.720-3.730 GhISAO Row Jay 20TH wane poeCM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Joycelyn Lee CGC-15-547404 DEFENDANT/RESPONDENT: Desmond Tan 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 earings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) The parties created a string of successful restaurants in San Francisco and the East Bay and were operating under an implied-in-fact and oral agreement they would be joint owners of the enterprise. The parties romantic relationship ended, and Defendant started treating jointly owned assets as his own. Plaintiff seeks her share of the enterprise they created or, in the alternative as to certain assets, quantum meruit for uncompensated work. (if more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial or The party or parties request (va jury trial CJ 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. [7] 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [7] days (specify number): Three b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [v ] 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 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CASE MANAGEMENT STATEMENT Page 2 F 5PLAINTIFF/PETITIONER: Joycelyn Lee EFENDANT/RESPONDENT: Desmond Tan [CASE NUMBER: CGC-15-547404 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 this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing 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 [1 Mediation session not yet scheduled [1 Mediation session scheduled for (date): [1 Agreed to complete mediation by (date): 10/13/2016 [] Mediation completed on (dato): (2) Settlement conference [1 Settlement conference not yet scheduled [1 Settlement conference scheduled for (date): [1 Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration (5) Binding private arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): OO0)O000;0000/0000 Agreed to complete ADR session by (date): [£] ADR completed on (date): 410 Rev, July #, 2014) CASE MANAGEMENT STATEMENT Page SotsPLAINTIFF/PETITIONER: Joycelyn Lee a | CGC-15-647404 | DEFENDANT/RESPONDENT; Desmond Tan | 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 _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 v |] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a, The party or parties have completed all discovery. b. [7] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Joycelyn Lee Doc Requests, Rogs, RFAs 42/2016 Joycelyn Lee Depositions 2/2016 Joycelyn Lee Third Party/Expert Discovery 5/2016 CG The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ‘0 Rev. 42044 ; CASE MANAGEMENT STATEMENT PanesCM-110 PLAINTIFF/PETITIONER: Joycelyn Lee CASE NUMBER: ] DO CGC-15-547404 DEFENDANT/RESPONDENT: Desmond Tan 17. Economic litigation a. This is a limited civil case (i.¢., 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): lam 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: June 27, 2016 Robert C. Matz > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) d (YPEOR PRINTNAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. M1 Rew day 1.2011 CASE MANAGEMENT STATEMENT Page Sof