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
Scott D. Long (SBN 203505)
Fidelity National Law Group
1550 Parkside Drive, Suite 300
Walnut Creek, CA 94596

TELEPHONENO: 925-930-9550 __—FAKNO.(Optonay 925-930-9588 ELECTRONICALLY

E-MAIL ADDRESS (Optiona): SCOtt . long@fnf.com F I LE D

ATTORNEY FOR (Name) Plaintiff Commonwealth Land Title Ins Supertor Court of Cattfornia,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco County of San Francisco
streetavoress: 400 Mc Allister Street 08/23/2016
MAILING ADDRESS: . Clerk of the Court
cityanpzecope: San Francisco, CA 94102 BY:DARLENE LUM

BRANCHNAME: Civic Center Courthouse Deputy Clerk

PLAINTIFF/PETITIONER:Commonwealth Land Title Insurance Co.

DEFENDANT/RESPONDENT:Fedex Office and Print Services,
Inc., et al.

CASE MANAGEMENT STATEMENT oes ee
(Check one): (x | UNLIMITED CASE [_) LIMITED CASE CGC-10-503332
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 7, 2016 Time: 10:30AM Dept.: 610 Div.: Room: 610

Address of court (if different from the address above):

x _| Notice of Intent to Appear by Telephone, by (name): Scott D. Long

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

1. Party or parties (answer one):
a. [X] This statement is submitted by party (name):P1tf£. Commonwealth Land Title Insurance Co.
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): 9/8/2010
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. Typeofcasein [x] complaint {} cross-complaint (Describe, including causes of action):

Deceit; Conversion; Unjust Enrichment; Negligence Per Se; Surety Bond;
Negligence; Misrepresentation; Negligent Supervision; and Ratification.

page tof 5
Forse’ Court ef Calera CASE MANAGEMENT STATEMENT sch Be Pies 8120.9 155

Sete Ree mento Bas

aCM-110

PLAINTIFF/PETITIONER: Commonwealth Land Title Insurance CASE NUMBER:

| Co.
DEFENDANT/RESPONDENT: Fedex Office and Print Services, CGC-10-503332

Inc., 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 [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.)
Plaintiff Commonwealth is a title insurer bringing a subrogation claim for
payouts to insured lenders who loaned money to individuals who had
fraudulently taken title to the properties securing the loans. The remaining
defendants are individuals involved in the fraud scheme.
cq (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 | 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. [x] Notrial 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):
1/23/17-2/3/17 (trial); 4/7/17-4/17/17 (trial); 5/5/17-5/12/17 (trial).

7. Estimated length of trial
The party or parties estimate that the trial will take (check one):

a. xX) days (specify number): 3-5
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:

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) [x] 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): Exceeds amount in

controversy.

cats ney ey 12040 CASE MANAGEMENT STATEMENT

Page 2 of 5CM-110

Inc et al.

PLAINTIFF/PETITIONER: Commonwealth Land Title Insurance

[Co.
IEFENDANT/RESPONDENT: Fedex Office and Print Services,

CASE NUMBER:
CGC-10-503332

10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):

The party or parties completing
this form are willing to
participate in the following ADR
processes (check all that apply):

If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
ite the status of the processes (attach a copy of the parties' ADR
stipulation):

indic

(1) Mediation

Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):

Mediation completed on (date):

(2) Settlement
conference

“_| Settlement conference scheduled for (date):

Settlement conference not yet scheduled

Agreed to complete settlement conference by (date):

Settlement conference completed on (date):

(3) Neutral evaluation

Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):

Neutral evaluation completed on (date):

(4) Nonbinding judiciat
arbitration

Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):

Judicial arbitration completed on (date):

(8) Binding private
arbitration

Private arbitration not yet scheduled

Private arbitration scheduled for (date):

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

(6) Other (specify):

{__] ADR completed on (date):

ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):

GM-110 [Rev. July 4, 2011]

CASE MANAGEMENT STATEMENT

Page 3 ofSCM-11

PLAINTIFF/PETITIONER: Commonwealth Land Title Insurance Co. | CASE NUMBER

| DEFENDANT/RESPONDENT: Fedex Office and Print Services, CGC-10-503332
Inc., et al.

11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):

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

12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
(Bankruptcy [—] Other (specify):
Status:

13. Related cases, consolidation, and coordination
a. [__] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:

(4) Status:
|__J Additional cases are described in Attachment 13a.
b. [-_] Amotionto [_] consolidate coordinate will be filed by (name party):

14. Bifurcation
l 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
[Ec] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Plaintiff Commonwealth may file a motion for summary judgment based on
criminal convictions of remaining defendants.

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

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

Ga TR dy 1 2041 CASE MANAGEMENT STATEMENT Page dotCM-110

PLAINTIFF/PETITIONER: Commonwealth Land Title Insurance Co. | CASE NUMBER

| DEFENDANT/RESPONDENT: Fedex Office and Print Services, CGC-10-503332
Inc., et al.

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): This matter has been stayed pending the criminal appeals of
Defs. Shah and Lum (Ai38475). The appellate court just rendered a modified
decision on 8/2/16 largely affirming the convictions (but removing some
enhancements). Lum has already apparently filed a notice of petition for

review by the California State Supreme Court.
19. Meet and confer
a. [__] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):

b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):

20. Total number of pages attached (if any).

lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.

Date: August 23, 2016

Scott D. Long »
(TYPE OR PRINT NAME)

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

GTO FRew day, 2047 CASE MANAGEMENT STATEMENT Page SofcS Oo &

PROOF OF SERVICE

Tam employed in the County of Contra Costa, State of California. I am over the age of 18 years and not
a party to the within action. My business address is 1550 Parkside Drive, Suite 300, Walnut Creek, California
94596. On August 23, 2016, | served the within document PLAINTIFF’S NOTICE OF CHANGE OF
ADDRESS AND HANDLING ATTORNEY on the parties in said action by placing a true copy thereof as
indicated below, addressed as follows:

Attorney for Shirley Hwang Attorneys for Jay C, *** BY MAIL ONLY
Morgan Lopez, Esq. Jay C. Shah

Glynn & Finley, LLP A03101, Rm No. 6-123

One Walnut Creek Center California Medical facility

100 Pringle Avenue, Suite 500 P.O. Box 2000

Walnut Creek, CA 94596 Vacaville, 95696

Fax: (925) 945-1975
mlopez@GlynnFinley.com

Attorneys for Elvia Palomino In Pro Per Defendant *** BY MAIL ONLY
Craig J. Bassett Winston Lum

25 W First Street 25 Forest Side Ave.

Morgan Hill CA 95037 San Francisco, CA 94127

cbassett@garlic.com

In Pro Per Defendant *** BY MAIL ONLY In Pro Per Defendant *** BY MAIL ONLY
David Replogle KAUSHAL NIROULA

AH3617 ANIS18

P.O. BOX 5242 Mule Creek State Prison

P.O. Box 409099

Corcoran, CA93212 lone, CA 95640

In Pro Per Defendant *** BY MAIL ONLY Attorney Pro Se
Morad Afraimi Melvin L. Emerich
912 Edgecliff Drive 209 Portola Court
Reno, NEV 89523 Los Altos, CA 94022

mlemerich@yahoo.com
Richard S. Busch
LAW OFFICES OF RICHARD S BUSCH
2660 Townsgate Rd, Ste 400
Westlake Village, CA 91361
(805) 222-4234
richard@buschlawfirm.com

& BY MAIL: | caused such envelope(s) with postage thereon fully prepaid to be placed for collection and
mailing at my place of business. Following ordinary business practices, said correspondence will be
deposited with the United States Postal Service at Walnut Creek, California, on the referenced date in the
ordinary course of business. There is delivery service by United States mail at the place so addressed in
the City of Walnut Creek, County of Contra Costa, State of California.

Proof of ServiceYn ws

& BY ELECTRONIC: I caused the aforementioned document(s) to be served through One Legal
addressed to all parties appearing on the One Legal electronic service list in the above-entitled action.
The file transmission was reported as completed and a copy of the One Legal Filing Receipt will be
maintained with the original document(s) in our office.

I declare under the penalty of perjury under the laws of the State of California, that the foregoing is true
and correct.

Dated: August 23, 2016 Suptag M Ag hte

STEPHANY MCKNIGHT

Proof of Service