Preview
CM-110
Walnut Creek, CA 94596
recervone No: (925) 210-2800. Fax no. (ntonay (925) 945-1975 FILED
E-MAIL ADDRESS {Optionay Sen ety com; mlopez(@, aiynntinley, com Superior Court of Callfornia,
|__ATTORNEY FOR (0 del/Plaintilf Shitley S. Hwang, County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco 12/27/2016
street aooress: 400 McAllister Street Clerk of the Court
MAILING ADDRESS:
civvaxo ap cove: San Francisco, CA 94102
eranch name; Civic Center Courthouse
PLAINTIFF/PE TITIONER.C OMMON WEALTH LAND TITLE
INSURANCE COMPANY
DEFENDANTIRESPONDENT:-F EDEX OFFICE AND PRINT SERVICES INC.,
etal.
“ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address) FOR COURT USE ONLY
Clement L, Glynn, Bar No. 57117; Morgan K. Lopez, Bar No, 215513
Glynn & F inley, L LP
One Walnut Creek Center
100 Pringle Avenue, Suite 500 ELECTRONICALLY
BY:MADONNA CARANTO
Deputy Clerk
‘CASE NUMBER:
CASE MANAGEMENT STATEMENT
(Check one): [X] UNLIMITED CASE [] LIMITED CASE CGC-10-503332-Lead case
(Amount demanded (Amount demanded is $25,000 | (Consolidated w/ CGC-11-512102)
_ exceeds $25,000) or less) et cH
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 11, 2017 Time: 10:30 a.m. Dept.: 610 Div.: Room: 610
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. [3X] This statement is submitted by party (name):Plaintiff Shirley S. Hwang
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): 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. [XJ The following parties named in the complaint or cross-complaint
(1) [_] have not been served (specify names and explain why not):
(2) [7] 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
2
they may be served):
4. Description of case . i
a, Typeofcase in [X_] complaint J] cross-complaint (Describe, including causes of action):
Negligence, Conversion, Slander of Title, Unjust Enrichment, Misrepresentation, Surety Bond.
The following additional parties may be added (specify names, nature of involvement in case, and date by which
Page 4085
‘ttc Councl Colton CASE MANAGEMENT STATEMENT sofas
CM-110 (Rev. July 1, 2014] soy Plus
Gal
vias of Cour,
720-870CM-110
OA NEST ONER SOM MON WEALTH LAND TILE CASE MINER
DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES CGC-10-503332-Lead case
ING., etal. (Consolidated w/ CGC-15-512102)
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
[_] (ffmore space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request. [Xx] ajurytrial ["_] anonjurytral. (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 x | 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
©. 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. [Xx] days (specify number): 2-3 (damage phase)
b. hours (short causes) (specify):
©
Trial representation (to be answered for each party)
The party or parties will be represented at trial (_] by the attorney or party listed in the caption [1 by the following:
Attorney:
Firm:
Address:
Telephone number: f. Fax number:
E-mail address; g. Party represented:
] Additional representation is described in Attachment 8.
9. Preference
(CJ This case is entitled to preference (specify code section): CCP 37(a)
“e299
10, Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the AOR 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 judiclal arbitration or civil action mediation (if available).
(1) [0] 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 Cade of
Civil Procedure section 1141.11
(3) (2_] 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):
GM-TI0 FRev-Juy 12011) CASE MANAGEMENT STATEMENT Page zeeCM-110
CAND TITLE CASE NUMBER:
EE
PeFENDANTIRESPONDENT FEDEX OFFICE AND PRINT SERVICES CGC-10-503332-Lead case
INC.et al. a wei (Consolidated w/ CGC-11-512102)
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 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
: | Mediati | :
(1) Mediation bel . lediation session scheduled for (date).
{J Agreed to complete mediation by (date).
[0] Mediation completed on (date): February 11, 2014
Settlement conference not yet scheduled
(2) Settlement {1} 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 (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial ct Judicial arbitration scheduled for (date):
arbitration : [7] Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private
arbitration |
[| Private arbitration completed on (date):
)
] Private arbitration scheduled for (date):
| Agreed to complete private arbitration by (date):
~~] ADR session not yet scheduled
(] ADR session scheduled for (date):
[-"] Agreed to complete ADR session by (date):
| ADR completed on (date):
(6) Other (specify)
GWETTO Rov day 1 2071) CASE MANAGEMENT STATEMENT
"Page 3 ofCM-140
PLAINTIFF/PETITIONER’ COMMONWEALTH 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)
11. Insurance
3. 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.
J 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. [--] 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):
45. Other motions
x] 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.
16. Discovery
a. [Xx] 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):
A folie 20h " GASE MANAGEMENT STATEMENT ; aiaCM-110
PLAINTIFF/PETITIONER: COMMONWEALTH 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.
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. | 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
1am 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 27. 2016
Morgan K. Lopez > tL
(TYPE OR PRINT NAME) NATURE OF PARTY OR ATTORNEY?
(TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY)
"| Additional signatures are attached.
SM-TTO Rey days 2011 CASE MANAGEMENT STATEMENT Page sor§ATTACHMENT 1
CMC 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 in which they
falsely asserted that they owned three luxury San Francisco condominiums actually
owned by Plaintiff. Defendants then used their false titles to secure seven figure loans.
This same conduct was tried in criminal court (San Francisco Superior Court, Case Nos.
10009191, 10009193, and 10003838) in 2012. 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. On November 9, 2016, the
California Supreme Court denied Mr. Shah’s petition for review. Hence, the felony
convictions are now final.
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. Moreover, because Ms. Hwang is the victim
of a felony committed by Mr. Shah and other defendants, she is entitled to priority in trial
setting pursuant to C.C.P. § 37[ within 120 days court shall endeavor to try action of
plaintiff seeking damages caused by defendant in commission of felony]. The long stay
while the criminal proceedings worked their way through the system only increases the
need for expedition.
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.
As the case has been dormant for an extended period, Ms. Hwang requests that the case
be scheduled for case management conference in Department 501 where the parties can
address the scope of trial, any outstanding procedural issues, and a specific briefing
schedule regarding evidentiary issues that will dramatically limit the scope of trial.Lead Case No. CGC-10-503332
(consolidated for all purposes with CGC-11-512102)
PROOF OF SERVICE BY MAIL
I, Linda Vallone, the undersigned, hereby certify and declare under penalty of
perjury that the following statements are true and correct:
1. Iam 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 December 27, 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
Executed this 27th day of December, 2016 at Walnut Creek, California.
-1-
PROOF OF SERVICEService 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@fuf.com
Jay Chandrakant Shah
#AP3101
California Medical Facility
Rm No, 6-123
P.O, Box 2000
Vacaville, CA 95696
In Pro Per Defendant Jay Shah
T: N/A
E-mail: N/A
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
Jone, CA 95640
Craig Jay Bassett
Attorney at Law
25 W. First Street
Morgan Hill, CA 95037
Attorney for Defendant Elvia Palomino
Updated 8/18/16
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
Preview
CM-110 Walnut Creek, CA 94596 recervone No: (925) 210-2800. Fax no. (ntonay (925) 945-1975 FILED E-MAIL ADDRESS {Optionay Sen ety com; mlopez(@, aiynntinley, com Superior Court of Callfornia, |__ATTORNEY FOR (0 del/Plaintilf Shitley S. Hwang, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco 12/27/2016 street aooress: 400 McAllister Street Clerk of the Court MAILING ADDRESS: civvaxo ap cove: San Francisco, CA 94102 eranch name; Civic Center Courthouse PLAINTIFF/PE TITIONER.C OMMON WEALTH LAND TITLE INSURANCE COMPANY DEFENDANTIRESPONDENT:-F EDEX OFFICE AND PRINT SERVICES INC., etal. “ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address) FOR COURT USE ONLY Clement L, Glynn, Bar No. 57117; Morgan K. Lopez, Bar No, 215513 Glynn & F inley, L LP One Walnut Creek Center 100 Pringle Avenue, Suite 500 ELECTRONICALLY BY:MADONNA CARANTO Deputy Clerk ‘CASE NUMBER: CASE MANAGEMENT STATEMENT (Check one): [X] UNLIMITED CASE [] LIMITED CASE CGC-10-503332-Lead case (Amount demanded (Amount demanded is $25,000 | (Consolidated w/ CGC-11-512102) _ exceeds $25,000) or less) et cH A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 11, 2017 Time: 10:30 a.m. Dept.: 610 Div.: Room: 610 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. [3X] This statement is submitted by party (name):Plaintiff Shirley S. Hwang 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): 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. [XJ The following parties named in the complaint or cross-complaint (1) [_] have not been served (specify names and explain why not): (2) [7] 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 2 they may be served): 4. Description of case . i a, Typeofcase in [X_] complaint J] cross-complaint (Describe, including causes of action): Negligence, Conversion, Slander of Title, Unjust Enrichment, Misrepresentation, Surety Bond. The following additional parties may be added (specify names, nature of involvement in case, and date by which Page 4085 ‘ttc Councl Colton CASE MANAGEMENT STATEMENT sofas CM-110 (Rev. July 1, 2014] soy Plus Gal vias of Cour, 720-870CM-110 OA NEST ONER SOM MON WEALTH LAND TILE CASE MINER DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES CGC-10-503332-Lead case ING., etal. (Consolidated w/ CGC-15-512102) 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 [_] (ffmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request. [Xx] ajurytrial ["_] anonjurytral. (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 x | 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 ©. 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. [Xx] days (specify number): 2-3 (damage phase) b. hours (short causes) (specify): © Trial representation (to be answered for each party) The party or parties will be represented at trial (_] by the attorney or party listed in the caption [1 by the following: Attorney: Firm: Address: Telephone number: f. Fax number: E-mail address; g. Party represented: ] Additional representation is described in Attachment 8. 9. Preference (CJ This case is entitled to preference (specify code section): CCP 37(a) “e299 10, Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the AOR 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 judiclal arbitration or civil action mediation (if available). (1) [0] 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 Cade of Civil Procedure section 1141.11 (3) (2_] 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): GM-TI0 FRev-Juy 12011) CASE MANAGEMENT STATEMENT Page zeeCM-110 CAND TITLE CASE NUMBER: EE PeFENDANTIRESPONDENT FEDEX OFFICE AND PRINT SERVICES CGC-10-503332-Lead case INC.et al. a wei (Consolidated w/ CGC-11-512102) 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 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 : | Mediati | : (1) Mediation bel . lediation session scheduled for (date). {J Agreed to complete mediation by (date). [0] Mediation completed on (date): February 11, 2014 Settlement conference not yet scheduled (2) Settlement {1} 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 (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial ct Judicial arbitration scheduled for (date): arbitration : [7] Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private arbitration | [| Private arbitration completed on (date): ) ] Private arbitration scheduled for (date): | Agreed to complete private arbitration by (date): ~~] ADR session not yet scheduled (] ADR session scheduled for (date): [-"] Agreed to complete ADR session by (date): | ADR completed on (date): (6) Other (specify) GWETTO Rov day 1 2071) CASE MANAGEMENT STATEMENT "Page 3 ofCM-140 PLAINTIFF/PETITIONER’ COMMONWEALTH 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) 11. Insurance 3. 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. J 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. [--] 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): 45. Other motions x] 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. 16. Discovery a. [Xx] 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): A folie 20h " GASE MANAGEMENT STATEMENT ; aiaCM-110 PLAINTIFF/PETITIONER: COMMONWEALTH 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. 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. | 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 1am 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 27. 2016 Morgan K. Lopez > tL (TYPE OR PRINT NAME) NATURE OF PARTY OR ATTORNEY? (TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY) "| Additional signatures are attached. SM-TTO Rey days 2011 CASE MANAGEMENT STATEMENT Page sor§ATTACHMENT 1 CMC 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 in which they falsely asserted that they owned three luxury San Francisco condominiums actually owned by Plaintiff. Defendants then used their false titles to secure seven figure loans. This same conduct was tried in criminal court (San Francisco Superior Court, Case Nos. 10009191, 10009193, and 10003838) in 2012. 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. On November 9, 2016, the California Supreme Court denied Mr. Shah’s petition for review. Hence, the felony convictions are now final. 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. Moreover, because Ms. Hwang is the victim of a felony committed by Mr. Shah and other defendants, she is entitled to priority in trial setting pursuant to C.C.P. § 37[ within 120 days court shall endeavor to try action of plaintiff seeking damages caused by defendant in commission of felony]. The long stay while the criminal proceedings worked their way through the system only increases the need for expedition. 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. As the case has been dormant for an extended period, Ms. Hwang requests that the case be scheduled for case management conference in Department 501 where the parties can address the scope of trial, any outstanding procedural issues, and a specific briefing schedule regarding evidentiary issues that will dramatically limit the scope of trial.Lead Case No. CGC-10-503332 (consolidated for all purposes with CGC-11-512102) PROOF OF SERVICE BY MAIL I, Linda Vallone, the undersigned, hereby certify and declare under penalty of perjury that the following statements are true and correct: 1. Iam 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 December 27, 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 Executed this 27th day of December, 2016 at Walnut Creek, California. -1- PROOF OF SERVICEService 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@fuf.com Jay Chandrakant Shah #AP3101 California Medical Facility Rm No, 6-123 P.O, Box 2000 Vacaville, CA 95696 In Pro Per Defendant Jay Shah T: N/A E-mail: N/A 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 Jone, CA 95640 Craig Jay Bassett Attorney at Law 25 W. First Street Morgan Hill, CA 95037 Attorney for Defendant Elvia Palomino Updated 8/18/16 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