Jury Demand: COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS)

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                                CM-110

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Clement L, Glynn, Bar No. 57117; Morgan K. Lopez, Bar No. 215513
Glynn & Finley, LLP
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
reverHone No: (925) 210-2800, FAX NO, (Optional (925) 945-1975 ELECTRONICALLY
E-MAIL ADORESS (Optional) selynn@elynnfiniey.com; mlopez@glynnfinley.com FILED
ATTORNEY FOR (vane. X-Lef/Plaintiff Shirley S. Hwang Fiperior Gon: weamenm
SUPERIOR count OF CALIFORNIA, a oF San Francisco County of San Francisco
STREET ADDRESS: cAllister Street
a 08/11/2016
city ano zip cove: San Francisco, CA 94102 BY-NOELIA RIVERA
arancH Nave: Civic Center Courthouse Deputy Clerk
PLAINTIFF/PETITIONER:; COMMON WEALTH LAND TITLE
INSURANCE COMPANY
DEFENDANTRESPONDENT FEDEX OFFICE AND PRINT SERVICES INC.,
etal.
CASE MANAGEMENT STATEMENT eee
(Check one): |x] UNLIMITED CASE [J LMITEDCASE CGC-10-503332-Lead case
en a a demanded is $25,000 | (Consolidated w/ CGC-11-512102)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 7, 2016 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):

Div.: Room: 610

INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

Party or parties (answer one):

a.

b, |. This statement is submitted jointly by parties (names):

[x"] This statement is submitted by party (name): Plaintiff Shirley S. Hwang

2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date); 9/8/10 (Commonwealth); 6/29/11 (Hwang)
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. [X_] 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) {X] have had a default entered against them (specify names): Kaushal Niroula, Martini & Chnoogle,
and Grachelle Languban
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 (] cross-complaint

(Describe, including causes of action):

Negligence, Conversion, Slander of Title, Unjust Enrichment, Misrepresentation, Surety Bond,

Page 1 of §

Form Adopted for Mandatory Use
Judicial Council of California
(CN-110 (Rev. July 1, 2011]

CASE MANAGEMENT STATEMENT

Cal, Rules of Court,
rules 3720-3730

sdsCM-110

L INSURANCE COMPANY: COMMONWEALTH LAND TITLE CASE NUMBER:
| DEF ENDANT/RESPONDENT: PEDEX OFFICE AND PRINT SERVICES CGC-10-503332-Lead case
INC. etal. (Consolidated w/ CGC-11-512102)

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 date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)

See attachment 1

[_] (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 XJ ajury 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. CX] 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): See attachment 1

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 [ days (specify number): 2-4 (damage phase)
b. [_]} hours (short causes) (specify):

8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [X_] by the attorney or party listed in the caption [__] by the following:

a. Attorney:

b. Firm:

c. Address:

d. Telephone number: f. Fax number:

t 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 [| hasnot 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):

GHETTO [Rev July 1, 2011) CASE MANAGEMENT STATEMENT Page 20f6CM-110

NS AN GEREITIONER COMMONWEATTH CAND TICE CASE NUNBER
DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES CGC-10-503332-Lead case
INC,, et al. (Consolidated w/ CGC-11-512102)

40. 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

te — Mediation session scheduled for (date):
(1) Mediation ix

Agreed to complete mediation by (date):
[x] Mediation completed on (date): February 11, 2014

Settlement conference not yet scheduled

(2) Settlement Settlement conference scheduled for (date):

conference EE { 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 CI

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

[£"] Private arbitration scheduled for (date):

[] Agreed to complete private arbitration by (date):
[) Private arbitration completed on (date):

(5) Binding private —
arbitration CI

ADR session not yet scheduled

< ___| ADR session scheduled for (date):
(6) Other (specify): CI

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

et CASE MANAGEMENT STATEMENT Page orsCM-110

PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE CASE NUMBER
| INSURANCE COMPAN
DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES INC., | CGC-10-503332-Lead case
etal. (Consolidated w/ CGC-11-512102)
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):

12.

13.

14,

15.

16.

b. Reservation of rights; [| Yes |__| No
c, [| Coverage issues will significantly affect resolution of this case (explain):

Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.

Status:

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. Amotionto [__] consolidate [__] coordinate will be filed by (name party):
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):

Other motions

Go The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Plaintiff Hwang's Motion to Establish Jay Shah's liability via Collateral Estoppel.

Discovery

a. |X| 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

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

Cae Ray, 20F CASE MANAGEMENT STATEMENT eonsCM-110

PLAINTIFF/PETITIONER: COMMON WEALTH LAND TITLE CASE NUMBER:
| INSURANCE COMPANY.
DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES INC., | CGC-10-503332-Lead case
etal. (Consolidated w/ CGC-11-512102)

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.
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):

b. |

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. [X_] 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): 1

| 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: August [\_, 2016 tn ke 7
Morgan K. Lopez > L fo

(TYPE OR PRINT NAME) ia © OF PARTY OR ATTORNEY)

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
__| Additional signatures are attached.

CuEATO aay, 201 CASE MANAGEMENT STATEMENT Pras oreCMC Attachment 4.b. and 6.b.

Plaintiff Shirley Hwang respectfully requests that the Court set a trial date in this action
on the earliest possible date, not later than 120 days from now.

This consolidated action arises from the defendants’ fraudulent scheme by which they
purported to acquire title to three luxury condominiums owned by Plaintiff. The same
conduct giving rise to this case that was tried in criminal court (San Francisco Superior
Court, Case Nos. 10009191, 10009193, and 10003838). Defendants Jay Shah and
Winston Lum were found guilty of multiple felony counts. Mr. Shah and Mr. Lum
appealed their convictions. Mr. Emerich pled guilty to a misdemeanor. The combined
Shah and Lum appeal was heard and a decision was issued July 6, 2016, in which the
court upheld the convictions but reversed certain sentencing enhancements. On August
2, 2016, the Court modified its judgment by clarifying issues relating to the defendants’
sentences. It also denied Mr. Shah’s petition for a rehearing at that time.

This action has remained stayed pursuant to an unopposed motion by Mr. Shah, on the
ground that the determination of his criminal appeal would greatly impact the scope of
the trial in this matter. Indeed, Mr. Shah’s counsel acknowledged that were his client’s
appeal denied, most — if not all — of the issues in this case would be subject to
determination via collateral estoppel

Now that Mr. Shah’s appeal has been heard and denied, this action can proceed
expeditiously. This case was filed in 2010, so it should now proceed to trial promptly.
Absent a stipulation by opposing counsel, Ms. Hwang will bring a motion prior to trial to
establish Mr. Shah’s liability via collateral estoppel. Accordingly, the trial in her case
would be limited to damages owed by Mr. Shah. With respect to her claims against
defendants Lum and Emerich, Ms. Hwang is in the process of attempting to resolve those
claims and does not anticipate that they will affect the setting of a trial date.

Because it would be more efficient to discuss with the trial judge issues relating to the
scope of the trial, resolution of Ms. Hwang’s claims against Lum and Emerich, and pre-
trial briefing, Ms. Hwang additionally requests that the Court set a case management
conference in Department 501 on the earliest possible date.oC wm IN DW

Lead Case No. CGC-10-503332
(consolidated for all purposes with CGC-11-512102)
PROOF OF SERVICE BY MAIL

I, Gina Bentley, the undersigned, hereby certify and declare under penalty of
perjury that the following statements are true and correct:

1. Tam over the age of 18 years and am not a party to the within cause.

2. My business address is One Walnut Creek Center, 100 Pringle Avenue,
Suite 500, Walnut Creek, CA 94596,

3. Iam familiar with my employer’s mail collection and processing practices;
know that said mail is collected and deposited with the United States Postal Service on the same
day it is deposited in interoffice mail; and know that postage thereon is fully prepaid.

4, Following said practice, on August 11, 2016 I served a true and correct
copy of the attached document entitled exactly:

CASE MANAGEMENT STATEMENT

by placing it in an addressed, sealed envelope and depositing it in regularly maintained
interoffice mail to the following:

PLEASE SEE ATTACHED SERVICE LIST
Walnut Creek, California.

yina M. Bentley

Executed this 11th day of August, 20

-I-
PROOF OF SERVICEXY A UBF WwW NY

Service List
Commonwealth Land Title Insurance Company v. FedEX Offie and Print Services Inc., et al.
San Francisco Superior Court, Case No. CGC10503332 ~ Lead case
(consolidated for all purposes with CGC-11-512102)

Thomas Trapani, Esq.

Scott Long, Esq.

Fidelity National Law Group

1550 Parkside Drive, Suite 300

Walnut Creek, CA 94596

Attorneys for Plaintiff Commonwealth Land
Title Insurance

T: (925) 930-9550;

F; (925) 930-9588

E-mail: ekunnes@fnf.com

J, Edward Kerley, Esq.

Dylan L. Schaffer, Esq.

Kerley Schaffer LLP

1939 Harrison St., Suite 500

Oakland, CA 94612

Attorney for Defendant

Jay Chandrakant Shah

T: (510) 379-5801; F: (510) 228-0350
E-mail: dylan@kslaw.us

Morad Afraimi

912 Edgecliff Drive

Reno, NV 89523

Pro se defendant Morad Afraimi

T: 775-825-3113 (wk); F: 775-825-7060
(phone and fax provided by prev attys office)

Kaushal Niroula, CDC #AN1518
Mule Creek State Prison

P.O. Box 409099

Tone, CA 95640

Craig Jay Bassett

Attorney at Law

25 W. First Street

Morgan Hill, CA 95037

Attorney for Defendant Elvia Palomino

Todd Michael Austin, Esq.

Clinton & Clinton

100 Oceangate Blvd., 14th Fl.

Long Beach, CA 90802

Attorneys for Defendant FedEx Office and
Print Services, Inc.

T: (562) 216-5000; F: (562) 216-5001
E-mail: taustin@clinton-clinton.com

Winston Lum

25 Forest Side Avenue

San Francisco, CA 94127

In Pro Per Defendant Winston Lum
T: n/a; F: n/a; E-mail: n/a

Melvin Lee Emerich

209 Portola Court

Los Altos, CA 94022-1431
Attorney Pro Se for Defendant
Melvin Lee Emerich

T: 650-776-8374

Email: mlemerich@yahoo.com

Michael L. Smith, Esq.

Manning & Kass, Ellrod Ramirez, Trester LLC
2 Rincon Center

121 Spear Street, Suite 200

San Francisco, CA 94105

Association of Counsel for Def. FedEx Office
and print Services, Inc.

T: 562-216-5000; F: 562-216-5001

-1-

PROOF OF SERVICE