Jury Demand: CATHAY BANK, A CALIFORNIA BANKING CORPORATION VS. RAYMOND XIANG ZHANG et al

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                                MINTO

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Dec-29-2014 1:30 pm

Case Number: CGC-10-500934
Filing Date: Dec-29-2011 1:27
Juke Box: 001 Image: 03435622
CASE MANAGEMENT STATEMENT

CATHAY BANK, A CALIFORNIA BANKING CORPORATION VS. RAYMOND XIANG ZHANC

001003435622

Instructions:
Please place this sheet on top of the document to be scanned.CM-110

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Chijeh Hu (Bar No. 241271)
Law Office of Chijeh Hu
456 8th Street, Oakland, CA 94607

TELEPHONE No: 510-832-1686 FAX NO, (Opbonal): 510-251-1155
E-MAIL ADDRESS (Optionay, Ch@cjhulaw.com San Francisco County Superior Court
ATTORNEY FOR (Name): Defendants/Cross-Complainants
SUPERIOR GOURT OF CALIFORNIA, COUNTY oF San Francisco DEC 29 2011
street aooress: 400 McAllister Street
malin aporess: 400 McAllister Street CLERK OF THE COURT

CITY AND 2P COoE: San Francisco 94102 my tas oan
BRANCHNAME: Civic Center Courthouse
PLAINTIFF/PETITIONER: Cathay Bank
DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang et al.

CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [7 umitep case CGC-10-500934

(Amount demanded (Amount demanded is $25,000

exceeds $25,000) or less)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 13, 2012 Time: 2:00pm 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.
1. Party or parties (answer one):
a. [] This statement is submitted by party (name):
This statement is submitted jointly by parties (names): Defendants/Cross-Complainants

2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): June 22, 2010

b. The cross-complaint, if any, was filed on (date): 6-14-11, 10-12-11

3. Service (io be answered by plaintiffs and cross-complainants only)
a [4] an 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) [1 have not been served {specify names and explain why not).

(2) [1 have been served but have not appeared and have not been dismissed (specify names):

(3) [1 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 ofcasein [—] complaint 4 cross-complaint (Describe, including causes of action):

Xiang Kai LLC's cross-compiaint alleges fraud, breach of contract, and wrongful foreclosure, among other
causes of action, on the part of Plaintiff. The remaining Defendant's SAC was submitted by previous counsel
and alleges breach of fiduciary duty, breach of good faith and fair dealing, and unjust enrichment.

Page 1 of 5
roridoa Gauncle Caltorigs CASE MANAGEMENT STATEMENT Cal Rule of Coun,
(GM-110 [Rev. July 1, 2091)

www couris.ca. govCGC-10-500934

PLAINTIFF/PETITIONER: Cathay Bank CASE NUMBER
DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang et al.

4. b. Provide a brief statement of the case, including any damages. (if personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date findicate source and amount, estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. !f equitable relief is sought, describe the nature of the relief}

Plaintiff seeks to judicially foreclose on Defendant's properties, specific performance and deficiency judgments.
Defendant's allege fraud and breach of contract in their cross-complaints, and seek damages for the unlawful
foreclosure upon their properties, among other damages. The transactions arise out of various construction
loans, lines of credit, and extensions and modifications of the same made by Plaintiff to Defendants.

Oo (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

requesting a jury trial):

a jury trial Cia nonjury trial, (if more than one party, provide the name of each party

6. Trial date
a. [J The trial nas been set for (date):

b. [4] No tral 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. LZ] days (specify number): 12
b. L_] hours (short causes) (specify):

8. Trial representation (to be answered for each part
The party or parties wilt be represented at trial

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:

[J 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 wa has Cc 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 Co has CL] 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 oF 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):

EMO FRew ly 42044) CASE MANAGEMENT STATEMENT Page 2016CM-110

PLAINTIFFIPETITIONER: Cathay Bank NER
-10-500934
EFENDANT/RESPONDENT: Raymond Xiang Kai Zhang et al. CGC-10-50093

10. ¢. 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 aif 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 al! that apply): | stipulation):

(1 Mediation session not yet scheduled
(1) Mediation Mediation session scheduled for (date):
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 (dafe):

Judicial arbitration not yet scheduled

(4) Nonbinding judicial Judicial arbitration scheduled for (date).
arbitration ee spreati .
Agreed to complete judicial arbitration by (date):

Judicial arbitration completed on (date):

Private arbitration not yet scheduled

(8) Binding private Private arbitration scheduled for (date):
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 compiete ADR session by (date):

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ADR completed on (date):

CM-110 Rev, July 1, 2011)

CASE MANAGEMENT STATEMENT Poms voresPLAINTIFF/PETITIONER: Cathay Bank ‘CASE NUMBER,

CGC-10-500934

DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang et al.

11, Insurance

a. [1 insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights) [_] ves [_] No

« CI 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.
[7] Bankruptey 77] 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:
[1 Additional cases are described in Attachment 13a.

b. LJ 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

[1] The Party or parties expect to file the following motions before trial (specify moving Party, type of motion, and issues):

Cross-Complainants were granted leave to amend their Second Amended Cross-Complaint on December 21,
2011

18. 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
Cathay Bank Oral, Written April 2012

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

(CM-110 [Rev. July 1, 2011]

CASE MANAGEMENT STATEMENT Page 40f6CM-110

CASE NUMBER:

CGC-10-500934

PLAINTIFFIPETITIONER: Cathay Bank

DEFENDANTIRESPONDENT: Raymond Xiang Kai Zhang et al.

17. Economic litigation
a. [_] This is a limited civil case (.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. [7] 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

[3 the party or parties request that the following additional matters be considered or determined at the case management
conference (specify):

19, Meet and confer

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 will have met and conferred prior to the January 13 CMC.

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):

| 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 29, 2011

Chijeh Hu, Esq.

(TYPE OR PRINT NAME)

‘OR ATTORNEY)

{TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)

[) Additional signatures are attached.

OM-10 Row. yt. 2010) CASE MANAGEMENT STATEMENT Page ot 8