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, Slate Bar number, and address): FOR COURT USE ONLY
Scott D. Long (SBN 203505)
Fidelity National Law Group
1550 Parkside Drive, Suite 300

sranct name: Civic Center Courthouse
PLAINTIFF/PETITIONER:Commonwealth Land Title Insurance Co.

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

Walnut Creek, CA 94596 ELECTRONICALLY
TELEPHONE NO: 925-930-9550 —_FAXNO.(Ontonay, 925-930-9588 FILED
E-MAIL ADDRESS (Optionay: SCOtt.long@fnf.com Supertor Court of Caiffornia,
ATTORNEY FOR (Name): Plaintiff Commonwealth Land Title Ins County of San Francisco

SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco 12/11/2014
street aopress: 400 Mc Allister Street 12/! of £2 Court
MAILING ADDRESS: . BY:ROBERT WOODS

cry ano zip cove: San Francisco, CA 94102 Deputy Clerk

CASE MANAGEMENT STATEMENT CASE NUMBER:

(Check one): _X_| UNLIMITED CASE [_] LIMITED CASE CGC-10-503332
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or fess)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:

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

(X_] Notice of Intent to Appear by Telephone, by (name): Scott D. Long

Date: December 24, 2014 Time: 10:30AM. Dept.: 610 Div.: Room: 610

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):PItf. 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 (fo 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) (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): Def.
___ Replogle to be dismissed.
(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 casein |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 1 of §

Form Adopted for Mandatory Use

Judicial Council of California CASE MANAGEMENT STATEMENT
CM-110 [Rev, July 7, 2011] Solutions:
fe Plus

Cal. Rules of Court,
rules 3.720-3 730CM-110

PLAINTIFF/PETITIONER: Commonwealth Land Title Insurance CASE NUMBER:

fo. CGC-10-503332

| DEFENDANT/RESPONDENT: Fedex Office and Print Services,
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.

(lf 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_ ajurytrial anonjury 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_| 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):

c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
6/8/15-6/19/15 (trial); 9/7/15-9/25/15 (trial); 10/30/15-11/13/15 (trial)

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

a. [X] 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 amo ified i
Civil Procedure section 1141.11. ° ¥ tnt specified in Code of

(3) LX_ 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.

CM-170 (Rev July 1, 2017]

CASE MANAGEMENT STATEMENT Page 2 of 5CM-110

PLAINTIFF/PETITIONER: Commonwealth Land Title Insurance CASE NUMBER
[Co. “an
DEFENDANT/RESPONDENT: Fedex Office and Print Services, CGC-10-503332
Inc., 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
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,
indicate the status of the processes (attach a copy of the parties’ ADR
stipulation):

(1) Mediation xX

X_| 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 not yet scheduled
) Settlement conference scheduled for (date):
) 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 judicial
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 session not yet scheduled
_.| ADR session scheduled for (date):
L__. Agreed to complete ADR session by (date):
ADR completed on (date):

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

CASE MANAGEMENT STATEMENT Page 3 of §CM-110

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: us 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:
__| 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):

15. Other motions
[X_ 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):

CM-110 [Rev. July 1, 2011)

CASE MANAGEMENT STATEMENT Page 4 of §CM-110

PLAINTIFF/PETITIONER: Commonwealth Land Title Insurance Co. | CASENUMBER

| 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
X_| The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Plaintiff Commonwealth asks that a trial date be set no earlier than 120 days after
this CMC in order to allow it time to file motions for summary judgment/adjudication, if appropriate.

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):

|'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 9, 2014

Scott D. Long »

(TYPE OR PRINT NAME)

(SIGNATURE OF PARTY OR

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

CM-110 [Rev. July 1, 2017)

CASE MANAGEMENT STATEMENT Page 5 of §PROOF OF SERVICE

Tam employed in the County of Contra Costa, State of California. | 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 December 11, 2014, I served the within document PLAINTIFF COMMONWEALTH LAND
TITLE INSURANCE COMPANY’S CASE MANAGEMENT STATEMENT 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 Chandrakant Shah and Elvia
Morgan Lopez, Esq. Palomino

Glynn & Finley, LLP Craig J. Bassett, Esq.

One Walnut Creek Center Attorney at Law

100 Pringle Avenue, Suite 500 25 W. First Street

Walnut Creek, CA 94596 Morgan Hill, CA 95037-4559
Fax: (925) 945-1975 Fax: (408) 778-6005
mlopez@GlynnFinley.com cbassett@garlic.com

In Pro Per Defendant Attorney Pro Se

Winston Lum, AP2537 **BY MAIL ONLY Melvin L. Emerich

CCC Legal Mail Dept. 209 Portola Court

P.O. Box 790 Los Altos, CA 94022
Susanville, CA 96127-0790 mlemerich@yahoo.com
Attorneys for Fed-Ex Office and Print Services Co-Counsel for Fed-Ex Office and Print Services
Michael L. Smith, Esq. Laurie Book, Esq.

Manning & Kass Clinton & Clinton

2 Rincon Center 100 Oceangate Blvd., 14" FI.
121 Spear St. Suite 200 Long Beach, CA 90802

San Francisco, CA 94105 Fax: (562) 216-5001

Fax: (415) 217-6999 Ibook@clinton-clinton.com
mils@manningilp.com

In Pro Per Defendant

David Replogle, AH3617**BY MAIL ONLY
Housing: #E4-108

State Prison at Corcoran

Attn: Litigation Dept.

P.O. Box 5242

Corcoran, CA 93212

&] BY MAIL: I 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 bel
depo: 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.

& BY ELECTRONIC MAIL: I caused such document(s) to be delivered electronically to the email
address(es) on the service list as agreed upon the parties.

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

Dated: December 11, 2014 \ \Marnies = Ere“
MARCIA SCHUYLER

Proof of Service