Preview
HOUTA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jan-02-2014 3:42 pm
Case Number: CGC-13-528383
Filing Date: Jan-02-2014 3:41
Filed by: JEFFREY LEE
Juke Box: 001 Image: 04328192
CASE MANAGEMENT STATEMENT
NINA ZHIGADLO VS. MERIDIAN MANAGEMENT GROUP et al
001004328192
Instructions:
Please place this sheet on top of the document to be scanned.ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
GREGORY R. DE LA PENA (SBN 126626)
MALCOLM E. McLORG (SBN 40956)
DE LA PENA & HOLIDAY, LLP
One Embarcadero Center, Suite 2860
San Francisco, CA 94111
tevepHone no: (415) 268-8000 FAX NO. (Option (415) 268-8180
E-MAIL ADDRESS (Optionai):
ATTORNEY FOR (Name): San FOUGIGe0 7
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aporess: 400 McAllister Street IAN =»
MAILING ADDRESS: 400 McAllister Street CPO Mtg
cry ano zip cope: San Francisco, CA 94102
BRANCH NAME oy CLERIC =O. THE COURT
PLAINTIFF/PETITIONER: Nina Zhigadlo, et al. oY shot |
oy Clerk
DEFENDANT/RESPONDENT: Meridian Management Group, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER.
(Check one): x UNLIMITED CASE LIMITED CASE CGC-13-528383
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or fess)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 01/22/14 Time: 10:30 a.m. Dept.: 610
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name)Malcolm E. McLorg
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)Defendant, HYDE STREET HOLDING COMPANY, LLC
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): 01/30/13
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 x_J complaint cross-complaint (Describe, including causes of action):
Landlord-Tenant dispute relating to bed bugs in leased property.
Page 1 of 5
Fonda! Gourel oh Calorie CASE MANAGEMENT STATEMENT schiffis fie 3190-3756
'CM-110 [Rev, July 1, 2014]CM-110
PLAINTIFF/PETITIONER: Nina Zhigadlo, et al. CASE NUMBER
CGC-13-528383
DEFENDANT/RESPONDENT: Meridian Management Group, et al.
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
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff sues for damages based on alleged failure to timely remediate bed bugs.
(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 x_| a jury trial 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. Ex] No trial date has been set. This case will be teady 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):
Please see attachment A.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [x] days (specify number): 3
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial GJ 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 |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 Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
EMANO [Rev July 9.2011) CASE MANAGEMENT STATEMENT Page 2 of §CM-110
PLAINTIFF/PETITIONER: Nina Zhigadlo, et al. CASE NUMBER.
E CGC-13-528383
FENDANT/RESPONDENT: Meridian Management Group, 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):
x_] Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation x
Agreed to complete mediation by (date).
Mediation completed on (date):
X_] Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Gd
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
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
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 (speci
( (specify) Agreed to complete ADR session by (date):
ADR completed on (date):
1
EMO Rew duly 1.2047] CASE MANAGEMENT STATEMENT
Page 30f5CM-110
PLAINTIFF/PETITIONER: Nina Zhigadlo, et al. CASE NUMBER
DEFENDANT/RESPONDENT: Meridian Management Group, et al. CGC-13-528383
11. Insurance
a. LX] Insurance carrier, if any, for party filing this statement (name): Leading Insurance Group Insurance Company
b. Reservation of rights: x ] 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 Co There are companion, underlying, or related cases.
(1) Name of case: Gabricla Geyer and Travis Geyer v. Meridian Management Group, et al.
(2) Name of court: San Francisco County Superior Court
(3) Case number: CGC-12-527520
(4) Status: Active
X_] Additional cases are described in Attachment 13a.
b. [J] Amotion to consolidate coordinate will be filed by (name party):
14, Bifurcation
X_| 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): Demurrer pending based on improper joinder.
15. Other motions
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. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
HYDE STREET HOLDING COMPANY, LLC _ Deposition of Plaintiffs March 2014
HYDE STREET HOLDING COMPANY, LLC Special Interrogatories, January 2014
Form Interrogatories
©. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CMO Rev say 32007 CASE MANAGEMENT STATEMENT PowersPLAINTIFF/PETITIONER: Nina Zhigadlo, et al. CASE NUMBER
DEFENDANT/RESPONDENT: Meridian Management Group, et al. CGC-13-528383
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):
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): 5.
| 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: December 31, 2013
(TYPE OR PRINT NAME)
(PE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
MAO fRev, July 1, 2049) CASE MANAGEMENT STATEMENT Page 5 ofSCASE NUMBER,
CGC-13-528383
SHORT TITLE: Nina Zhigadlo, et al. v. Meridian Management Group, et al.
ATTACHMENT (Number): 13(a)
(This Attachment may be used with any Judicial Council form.)
Attachment 13(a):
Other Related cases, consolidation, and coordination:
Name of Case: Lorena Plaza v. Meridian Management Group, et al.
Name of Court: San Francisco County Superior Court
Case Number: CGC-13-529614
Status: Active
Name of Case: Latasha Poindexter v. Meridian Management Group, et al.
Name of Court: San Francisco County Superior Court
Case Number: CGC-13-529613
Status: Active
Name of Case: Fabian Oliva v. Meridian Management Group, et al.
Name of Court: San Francisco County Superior Court
Case Number: CGC-13-532145
Status: Active
Name of Case: Mario Palomo v. Meridian Management Group, et al.
Name of Court: San Francisco Superior Court
Case Number: CGC-13-532143
Status: Active
Name of Case: Gabriela Geyer v. Meridian Management Group, et al.
Name of Court: San Francisco County Superior Court
Case Number: CGC-12-527520
Status: Active
(if the item that this Attachment concerns is made under penalty of perjury, all statements in this
Attachment are made under penalty of perjury.)
Form Approved for Optional Use ATTACHMENT
diel Counei of caifonia
MC-026 (Rev. July 1. 2009) to Judicial Council Form Solytigns
Page | of 1
(Add pages as required)Attachment A to CMC Statement
Gregory R. de la Pefia Trial Calendar
6.(c) Dates on which parties or attorneys will not be available for trial.
DATE CASE ESQ. DURATION
1, January 17, Wells Fargo Bank, National GRD 5-7 days
2014 Association v. Lanahan Steever & KLC
Anderson, LLP, et al. MEM
Sonoma Superior Court - Case No.:
SCV-251586
2. January 21, Yountville v. Swank Construction, GRD 25 days
2014 Inc., et al. CNH
Napa Superior Court — Case No.:
26-53288
3. January 27, Clark, Jr., et al. v. West Coast GRD 45 days
2014 Home Builders, Inc., et al. MEM
Contra Costa Superior Court —
Case No.: MSC-11-01495
4. February 10, | Blanco, et al. v. Jack Krystal, et al. GRD 10 days
2014 San Francisco Superior Court — KLC
Case No.: CGC-11-509677
5. | March 7, 2014 | Herman v. James Walker, et al GRD 7-10 days
Sonoma Superior Court- WFO
Case No.: SCV-249443
6 March 17, Irvine Company LLC, et al. v. GRD 60 days
2014 Douglas Ross Construction Co, et KLC
al.
Santa Clara Superior Court —
Case No.: 1-10-CV-173448
7. March 24, Headrick v. Bovis Lend Lease, et al. GRD 5-7 days
2014 San Francisco Superior Court — KLC
Case No.: CGC-11-513720 WFO
8. March 24, Kim, etal. v. Pacific Peninsula GRD 15 days
2014 Group, et al. CNH
San Mateo Superior Court —
Case No.: CIV 498147 [LEAD]
22001
12/31/2013 9:13:02 AMSan Francisco Superior Court —
Case No.:
CGC-10-505604 [Lead Case]
CGC-11-508022 [Our Case]
DATE CASE ESQ. DURATION
April 28, 2014 | Stewart v. KB Home South Bay GRD 40 days
(Dawson) KLC
Contra Costa Superior Court -
Case No.: CIVMWC10-02482
10.} May 5, 2014 | 360 Post Street LP v Strionair, Inc., GRD
etal. WFO
11.
May 19, 2014
Johnson, et al. v. Pulte Homes, Inc., GRD
etal. CNH
Contra Costa Superior Court - Case
No.: MSC-10-02106
45 days
May 27, 2014
Doty, et al. v. Kasco Fabrication, et
al.
Fresno Superior Court —
Case No.: 12CECG00192 AMS
GRD
CNH
7 days
13.
May 30, 2014
Expressway Self-Storage, Inc. et al.
v. MST Constructors, Inc., et al.
Sonoma Superior Court — Case No.:
SCV-347073
GRD
CNH
30 days
14,
June 13, 2014
McMillin Homes Construction, Inc.,
etal. v. Lexington Insurance
Company, et al.
San Diego Superior Court -
Case No.: 37-2012-00104520-CU-
IC-CTL
SLR
15 days
15.] June 17, 2014
Batton vy, Alten Construction, Inc.,
etal
Marin Superior Court —
Case No.: CIV-10-05862
10 days
June 23, 2014
Guardian Environmental, Inc. v.
Lawson Hawks Insurance Agency,
etal.
Sacramento Superior Court -
Case No.: 34-201 1-00103238
SLR
7-10 days
22001
12/31/2013 9:13:02 AMDATE
CASE
DURATION
July 14, 2014
etal.
Superior Court - Alameda
Case No.: RG-12-646236
17.| June 27, 2014 | V.S. Management dba Swan Pools
Norcal, et al., v. D.J.S. Steel KLC
Company, Inc., et al.
Sonoma Superior Court -
Case No.: SCV-253053
18. July 7, 2014 | Kiryakakis, et al v. Deborah Allen, KLC
Bayside B.H. Dev v. Kellebrew, et
al.
San Francisco Superior Court —
Case No.: CGC-12-527035
8 days
Case No. 2:13-CV-00007-KJM-
DAD
22001
1 - - {—_
20.) July 14,2014 | Yeager v. Wild, Carter & Tipton GRD
San Francisco Superior Court — KLC
Case No.: CGC-11-509156
21. August 15, | McMillin Management Services, SLR 15 days
2014 L.P., et al. v. State National
Insurance Company, et al.
San Diego Superior Court -
Case No.: 37-2012-000843 16-CU-
IC-CTL
22, August 18, Cahill Park Homeowners GRD 30-40 days
2014 Association v. Cahill South LLC, et CNH
al.
Santa Clara Superior Court —
Case No.: 1-10-CV-176202
23. August 21, Derei v. Okon, et al. GRD 5 days
2014 Los Angeles Superior Court — KLC
Case No.: LC099868
24.| September 8, | AT&T Mobility, LLC. v. Yeager/Ed GRD 6 days
2014 Bowlin, et al. KLC
USDC - Eastern District
12/31/2013 9:13:02 AMDATE
CASE
ESQ.
DURATION
45 days
25.| September 15, | Carrera, et al. v. Shapell Industries, GRD
2014 Inc., et al. CNH
Contra Costa Superior Court -
Case No. MSC09-03161
36] September 22, | Centex Homes v. Ad Land Venture, GRD 3 days
2014 etal. WFO
Superior Court - Sacramento
Case No. 34-2011-00112151-CU-
BC-GDS
[7] August 25, Morrish, et al. v. Anderson Homes, GRD 20 days
2014 etal. Ss
San Joaquin Superior Court —
Case No.: 39-201 1-00260158-CU-
CD-STK
28.| January 26, | Regents of The University of GRD 45 days
2015 California v. Devcon Construction, CNH
Inc., et al.
Santa Cruz Superior Court —
Case No.: CV174499
29.| April 15, 2015 | St Paul Mercury Insurance GRD 15-20 days
Company v. Ace American WFO
Insurance Company, et al.
USDC Eastern District of
California -
Case No.: 2:12-cv-02820-KJM-
GGH
22001
12/31/2013 9:13:02 AMSan Francisco, CA
Tel. (415) 268-8000 Fax” (415) 268-8180
DE LA PENA & HOLIDAY LLP
One Embarcadero Center, Suite 2860
Case Name: Nina Zhigadlo, et al. vy. Meridian Management Group, et al.
Case No.: San Francisco Superior Court Case CGC-13-528383
PROOF OF SERVICE
I am a citizen of the United States. My business address is One Embarcadero Center, Suite
2860, San Francisco, California 94111. I am employed in the county of San Francisco where this
service occurs. I am over the age of 18 years and not a party to the within cause.
On December 31, 2013, I served the following document(s) described as:
1,
HYDE STREET HOLDING COMPANY, LLC’S CASE MANAGEMENT
STATEMENT.
BY MAIL: I am readily familiar with my employer’s normal business practice
of collection and processing of correspondence for mailing. Under that practice,
correspondence is deposited with the U.S. Postal Service that same day in a
sealed envelope(s) with postage thereon fully prepaid at San Francisco,
California, in the ordinary course of business.
BY FAX: I served said document(s) by transmitting via facsimile from facsimile
number (415) 268-8180 to the facsimile number(s) set forth below, or as stated on
the attached service list, on this date before 5:00 p.m. A statement that this
document was successfully transmitted without error is hereby attached to the
Proof of Service.
BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand
this date to the offices of the addressee(s).
BY OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered on
the same day to an authorized courier or driver or to a regular box or other facility
regularly maintained by FEDERAL EXPRESS with delivery fees provided for,
addressed to the person(s) on whom it is to be served.
on the interested party(ies) in this action addressed as follows:
Eric L. Lifschitz, Esq. Attorneys for Plaintiff
Aaron H. Darsky, Esq.
LAW OFFICES OF ERIC L. LIFSCHITZ T: (415) 553-6055
345 Franklin Street F: (415) 358-5647
San Francisco, CA 94102
Conor Granahan, Esq. Attorneys for Plaintiff
LAW OFFICES OF CONOR GRANAHAN
345 Franklin Street T: (415) 830-3325
San Francisco, CA 94102 F: (415) 723-7274
J, Stephanie Krmpotic, Esq.
Ramsey F. Kawar, Esq.
Attorneys for Defendants
Kurt Bridgman, Esq. FRONTENAC APARTMENTS, LP
LOW BALL & LYNCH
505 Montgomery Street T: (415) 981-6630
7" Floor F: (415) 982-1634
San Francisco, CA 94111 E: jskrmpotic@lowball.com
E: rkawar@lowball.com
E: kbridgman@lowball.com
39839 2 CASE NO.: CGC-13-528383
PROOF OF SERVICE
MERIDIAN MANAGEMENT GROUP; and1 |) John H. Podesta, Esq. Attorneys for Defendants
Dana Tom, Esq. MERIDIAN MANAGEMENT GROUP; and
2 |) MURCHISON & CUMMING FRONTENAC APARTMENTS, LP
Embarcadero Center West
3 || 275 Battery Street T: (415) 524-4300
Suite 550 F: (415) 391-2058
4 | San Francisco, CA 94111
STATE: I declare under penalty of perjury under the laws of the State of
6 California that the above is true and correct.
Executed on December 31, 2013, at San Francisco, California.
9 Bia R. Carmona
San Francisco, CA
One Embarcadero Center, Suite 2860
Tel. (415) 268-8000 Fax” (415) 268-8180
B
DE LA PENA & HOLIDAY LLP
39839 3 CASE NO.: CGC-13-528383
PROOF OF SERVICE
Preview
HOUTA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-02-2014 3:42 pm Case Number: CGC-13-528383 Filing Date: Jan-02-2014 3:41 Filed by: JEFFREY LEE Juke Box: 001 Image: 04328192 CASE MANAGEMENT STATEMENT NINA ZHIGADLO VS. MERIDIAN MANAGEMENT GROUP et al 001004328192 Instructions: Please place this sheet on top of the document to be scanned.ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY GREGORY R. DE LA PENA (SBN 126626) MALCOLM E. McLORG (SBN 40956) DE LA PENA & HOLIDAY, LLP One Embarcadero Center, Suite 2860 San Francisco, CA 94111 tevepHone no: (415) 268-8000 FAX NO. (Option (415) 268-8180 E-MAIL ADDRESS (Optionai): ATTORNEY FOR (Name): San FOUGIGe0 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aporess: 400 McAllister Street IAN =» MAILING ADDRESS: 400 McAllister Street CPO Mtg cry ano zip cope: San Francisco, CA 94102 BRANCH NAME oy CLERIC =O. THE COURT PLAINTIFF/PETITIONER: Nina Zhigadlo, et al. oY shot | oy Clerk DEFENDANT/RESPONDENT: Meridian Management Group, et al. CASE MANAGEMENT STATEMENT CASE NUMBER. (Check one): x UNLIMITED CASE LIMITED CASE CGC-13-528383 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or fess) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 01/22/14 Time: 10:30 a.m. Dept.: 610 Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name)Malcolm E. McLorg 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)Defendant, HYDE STREET HOLDING COMPANY, LLC 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): 01/30/13 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 x_J complaint cross-complaint (Describe, including causes of action): Landlord-Tenant dispute relating to bed bugs in leased property. Page 1 of 5 Fonda! Gourel oh Calorie CASE MANAGEMENT STATEMENT schiffis fie 3190-3756 'CM-110 [Rev, July 1, 2014]CM-110 PLAINTIFF/PETITIONER: Nina Zhigadlo, et al. CASE NUMBER CGC-13-528383 DEFENDANT/RESPONDENT: Meridian Management Group, et al. 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff sues for damages based on alleged failure to timely remediate bed bugs. (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 x_| a jury trial 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. Ex] No trial date has been set. This case will be teady 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): Please see attachment A. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [x] days (specify number): 3 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial GJ 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 |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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): EMANO [Rev July 9.2011) CASE MANAGEMENT STATEMENT Page 2 of §CM-110 PLAINTIFF/PETITIONER: Nina Zhigadlo, et al. CASE NUMBER. E CGC-13-528383 FENDANT/RESPONDENT: Meridian Management Group, 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): x_] Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation x Agreed to complete mediation by (date). Mediation completed on (date): X_] Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Gd 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 Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private 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 (speci ( (specify) Agreed to complete ADR session by (date): ADR completed on (date): 1 EMO Rew duly 1.2047] CASE MANAGEMENT STATEMENT Page 30f5CM-110 PLAINTIFF/PETITIONER: Nina Zhigadlo, et al. CASE NUMBER DEFENDANT/RESPONDENT: Meridian Management Group, et al. CGC-13-528383 11. Insurance a. LX] Insurance carrier, if any, for party filing this statement (name): Leading Insurance Group Insurance Company b. Reservation of rights: x ] 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 Co There are companion, underlying, or related cases. (1) Name of case: Gabricla Geyer and Travis Geyer v. Meridian Management Group, et al. (2) Name of court: San Francisco County Superior Court (3) Case number: CGC-12-527520 (4) Status: Active X_] Additional cases are described in Attachment 13a. b. [J] Amotion to consolidate coordinate will be filed by (name party): 14, Bifurcation X_| 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): Demurrer pending based on improper joinder. 15. Other motions 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. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date HYDE STREET HOLDING COMPANY, LLC _ Deposition of Plaintiffs March 2014 HYDE STREET HOLDING COMPANY, LLC Special Interrogatories, January 2014 Form Interrogatories ©. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CMO Rev say 32007 CASE MANAGEMENT STATEMENT PowersPLAINTIFF/PETITIONER: Nina Zhigadlo, et al. CASE NUMBER DEFENDANT/RESPONDENT: Meridian Management Group, et al. CGC-13-528383 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): 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): 5. | 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: December 31, 2013 (TYPE OR PRINT NAME) (PE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. MAO fRev, July 1, 2049) CASE MANAGEMENT STATEMENT Page 5 ofSCASE NUMBER, CGC-13-528383 SHORT TITLE: Nina Zhigadlo, et al. v. Meridian Management Group, et al. ATTACHMENT (Number): 13(a) (This Attachment may be used with any Judicial Council form.) Attachment 13(a): Other Related cases, consolidation, and coordination: Name of Case: Lorena Plaza v. Meridian Management Group, et al. Name of Court: San Francisco County Superior Court Case Number: CGC-13-529614 Status: Active Name of Case: Latasha Poindexter v. Meridian Management Group, et al. Name of Court: San Francisco County Superior Court Case Number: CGC-13-529613 Status: Active Name of Case: Fabian Oliva v. Meridian Management Group, et al. Name of Court: San Francisco County Superior Court Case Number: CGC-13-532145 Status: Active Name of Case: Mario Palomo v. Meridian Management Group, et al. Name of Court: San Francisco Superior Court Case Number: CGC-13-532143 Status: Active Name of Case: Gabriela Geyer v. Meridian Management Group, et al. Name of Court: San Francisco County Superior Court Case Number: CGC-12-527520 Status: Active (if the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under penalty of perjury.) Form Approved for Optional Use ATTACHMENT diel Counei of caifonia MC-026 (Rev. July 1. 2009) to Judicial Council Form Solytigns Page | of 1 (Add pages as required)Attachment A to CMC Statement Gregory R. de la Pefia Trial Calendar 6.(c) Dates on which parties or attorneys will not be available for trial. DATE CASE ESQ. DURATION 1, January 17, Wells Fargo Bank, National GRD 5-7 days 2014 Association v. Lanahan Steever & KLC Anderson, LLP, et al. MEM Sonoma Superior Court - Case No.: SCV-251586 2. January 21, Yountville v. Swank Construction, GRD 25 days 2014 Inc., et al. CNH Napa Superior Court — Case No.: 26-53288 3. January 27, Clark, Jr., et al. v. West Coast GRD 45 days 2014 Home Builders, Inc., et al. MEM Contra Costa Superior Court — Case No.: MSC-11-01495 4. February 10, | Blanco, et al. v. Jack Krystal, et al. GRD 10 days 2014 San Francisco Superior Court — KLC Case No.: CGC-11-509677 5. | March 7, 2014 | Herman v. James Walker, et al GRD 7-10 days Sonoma Superior Court- WFO Case No.: SCV-249443 6 March 17, Irvine Company LLC, et al. v. GRD 60 days 2014 Douglas Ross Construction Co, et KLC al. Santa Clara Superior Court — Case No.: 1-10-CV-173448 7. March 24, Headrick v. Bovis Lend Lease, et al. GRD 5-7 days 2014 San Francisco Superior Court — KLC Case No.: CGC-11-513720 WFO 8. March 24, Kim, etal. v. Pacific Peninsula GRD 15 days 2014 Group, et al. CNH San Mateo Superior Court — Case No.: CIV 498147 [LEAD] 22001 12/31/2013 9:13:02 AMSan Francisco Superior Court — Case No.: CGC-10-505604 [Lead Case] CGC-11-508022 [Our Case] DATE CASE ESQ. DURATION April 28, 2014 | Stewart v. KB Home South Bay GRD 40 days (Dawson) KLC Contra Costa Superior Court - Case No.: CIVMWC10-02482 10.} May 5, 2014 | 360 Post Street LP v Strionair, Inc., GRD etal. WFO 11. May 19, 2014 Johnson, et al. v. Pulte Homes, Inc., GRD etal. CNH Contra Costa Superior Court - Case No.: MSC-10-02106 45 days May 27, 2014 Doty, et al. v. Kasco Fabrication, et al. Fresno Superior Court — Case No.: 12CECG00192 AMS GRD CNH 7 days 13. May 30, 2014 Expressway Self-Storage, Inc. et al. v. MST Constructors, Inc., et al. Sonoma Superior Court — Case No.: SCV-347073 GRD CNH 30 days 14, June 13, 2014 McMillin Homes Construction, Inc., etal. v. Lexington Insurance Company, et al. San Diego Superior Court - Case No.: 37-2012-00104520-CU- IC-CTL SLR 15 days 15.] June 17, 2014 Batton vy, Alten Construction, Inc., etal Marin Superior Court — Case No.: CIV-10-05862 10 days June 23, 2014 Guardian Environmental, Inc. v. Lawson Hawks Insurance Agency, etal. Sacramento Superior Court - Case No.: 34-201 1-00103238 SLR 7-10 days 22001 12/31/2013 9:13:02 AMDATE CASE DURATION July 14, 2014 etal. Superior Court - Alameda Case No.: RG-12-646236 17.| June 27, 2014 | V.S. Management dba Swan Pools Norcal, et al., v. D.J.S. Steel KLC Company, Inc., et al. Sonoma Superior Court - Case No.: SCV-253053 18. July 7, 2014 | Kiryakakis, et al v. Deborah Allen, KLC Bayside B.H. Dev v. Kellebrew, et al. San Francisco Superior Court — Case No.: CGC-12-527035 8 days Case No. 2:13-CV-00007-KJM- DAD 22001 1 - - {—_ 20.) July 14,2014 | Yeager v. Wild, Carter & Tipton GRD San Francisco Superior Court — KLC Case No.: CGC-11-509156 21. August 15, | McMillin Management Services, SLR 15 days 2014 L.P., et al. v. State National Insurance Company, et al. San Diego Superior Court - Case No.: 37-2012-000843 16-CU- IC-CTL 22, August 18, Cahill Park Homeowners GRD 30-40 days 2014 Association v. Cahill South LLC, et CNH al. Santa Clara Superior Court — Case No.: 1-10-CV-176202 23. August 21, Derei v. Okon, et al. GRD 5 days 2014 Los Angeles Superior Court — KLC Case No.: LC099868 24.| September 8, | AT&T Mobility, LLC. v. Yeager/Ed GRD 6 days 2014 Bowlin, et al. KLC USDC - Eastern District 12/31/2013 9:13:02 AMDATE CASE ESQ. DURATION 45 days 25.| September 15, | Carrera, et al. v. Shapell Industries, GRD 2014 Inc., et al. CNH Contra Costa Superior Court - Case No. MSC09-03161 36] September 22, | Centex Homes v. Ad Land Venture, GRD 3 days 2014 etal. WFO Superior Court - Sacramento Case No. 34-2011-00112151-CU- BC-GDS [7] August 25, Morrish, et al. v. Anderson Homes, GRD 20 days 2014 etal. Ss San Joaquin Superior Court — Case No.: 39-201 1-00260158-CU- CD-STK 28.| January 26, | Regents of The University of GRD 45 days 2015 California v. Devcon Construction, CNH Inc., et al. Santa Cruz Superior Court — Case No.: CV174499 29.| April 15, 2015 | St Paul Mercury Insurance GRD 15-20 days Company v. Ace American WFO Insurance Company, et al. USDC Eastern District of California - Case No.: 2:12-cv-02820-KJM- GGH 22001 12/31/2013 9:13:02 AMSan Francisco, CA Tel. (415) 268-8000 Fax” (415) 268-8180 DE LA PENA & HOLIDAY LLP One Embarcadero Center, Suite 2860 Case Name: Nina Zhigadlo, et al. vy. Meridian Management Group, et al. Case No.: San Francisco Superior Court Case CGC-13-528383 PROOF OF SERVICE I am a citizen of the United States. My business address is One Embarcadero Center, Suite 2860, San Francisco, California 94111. I am employed in the county of San Francisco where this service occurs. I am over the age of 18 years and not a party to the within cause. On December 31, 2013, I served the following document(s) described as: 1, HYDE STREET HOLDING COMPANY, LLC’S CASE MANAGEMENT STATEMENT. BY MAIL: I am readily familiar with my employer’s normal business practice of collection and processing of correspondence for mailing. Under that practice, correspondence is deposited with the U.S. Postal Service that same day in a sealed envelope(s) with postage thereon fully prepaid at San Francisco, California, in the ordinary course of business. BY FAX: I served said document(s) by transmitting via facsimile from facsimile number (415) 268-8180 to the facsimile number(s) set forth below, or as stated on the attached service list, on this date before 5:00 p.m. A statement that this document was successfully transmitted without error is hereby attached to the Proof of Service. BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). BY OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered on the same day to an authorized courier or driver or to a regular box or other facility regularly maintained by FEDERAL EXPRESS with delivery fees provided for, addressed to the person(s) on whom it is to be served. on the interested party(ies) in this action addressed as follows: Eric L. Lifschitz, Esq. Attorneys for Plaintiff Aaron H. Darsky, Esq. LAW OFFICES OF ERIC L. LIFSCHITZ T: (415) 553-6055 345 Franklin Street F: (415) 358-5647 San Francisco, CA 94102 Conor Granahan, Esq. Attorneys for Plaintiff LAW OFFICES OF CONOR GRANAHAN 345 Franklin Street T: (415) 830-3325 San Francisco, CA 94102 F: (415) 723-7274 J, Stephanie Krmpotic, Esq. Ramsey F. Kawar, Esq. Attorneys for Defendants Kurt Bridgman, Esq. FRONTENAC APARTMENTS, LP LOW BALL & LYNCH 505 Montgomery Street T: (415) 981-6630 7" Floor F: (415) 982-1634 San Francisco, CA 94111 E: jskrmpotic@lowball.com E: rkawar@lowball.com E: kbridgman@lowball.com 39839 2 CASE NO.: CGC-13-528383 PROOF OF SERVICE MERIDIAN MANAGEMENT GROUP; and1 |) John H. Podesta, Esq. Attorneys for Defendants Dana Tom, Esq. MERIDIAN MANAGEMENT GROUP; and 2 |) MURCHISON & CUMMING FRONTENAC APARTMENTS, LP Embarcadero Center West 3 || 275 Battery Street T: (415) 524-4300 Suite 550 F: (415) 391-2058 4 | San Francisco, CA 94111 STATE: I declare under penalty of perjury under the laws of the State of 6 California that the above is true and correct. Executed on December 31, 2013, at San Francisco, California. 9 Bia R. Carmona San Francisco, CA One Embarcadero Center, Suite 2860 Tel. (415) 268-8000 Fax” (415) 268-8180 B DE LA PENA & HOLIDAY LLP 39839 3 CASE NO.: CGC-13-528383 PROOF OF SERVICE