Preview
CM-140
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and eddress}: 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 ELECTRONICALLY
Walnut Creek, CA 94596
seuemione woe (925) 210-2800, —_faxindsopionai: (925-945-1975 FILED
GMAK, ADDRESS /Ontionan: C lena glynotiniey;com Superior Court of California,
avronneyroa wom. X-Def/Plaintiff Shirley S. Hwang. County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco NOV 21 2014
sree anpress: 400 McAllister Street
MAILING ADDRESS:
cry ano zip cove: San Francisco, CA 94102
sranch name: Civic Center Courthouse
PLAINTIFF/PETITIONERC COMMONWEALTH LAND TITLE
INSURANCE COMPANY
DEFENDANT/RESPONDENT.FEDEX OFFICE AND PRINT SERVICES INC.,
etal.
Clerk of the Court
BY: WILLIAM TRUPEK
Deputy Clerk
CASE MANAGEMENT STATEMENT CASE NUMBER
(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)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 24, 2014 Time: 10:30 a.m. Dept.: 610 Divs 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. [X] This statement is submitted by party (name):Plaintiff Shirley S. Hwang
b. L__] 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); Operative complaints filed on or about February 7, 2014
b. [XJ The cross-complaint, if any, was filed on (date): January 28, 2014 by Defendant FedEx Office and Print Services Inc.
3. Service (to be answered by plaintiffs and cross-complainants only)
a. (-_! Allparties 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
“| 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
ce bu} The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description ofcase
a. Type of case in (xo complaint cross-complaint (Describe, including causes of action):
Negligence, Conversion, Trespass, Slander of Title wang) Deceit, Conversion, Unjust Enrichment,
Negligence Surety Bond, Negligant Misrepresentation, Negligent Supervision, Ratification.
. page 1of
rot del Counc et care CASE MANAGEMENT STATEMENT Chea 3750-3 766
CM-110 [Rav July #, 2014] 8 las.
fe Pins.CM-110
AANTERPeTTIONER: COMMONWEALT WTA AE CASE NUMBER:
DEFENDANTRESPONDENT: FEDEX OFFICE AND PRINT SERVICES CGC-10-503332-Lead case
iC. etal. (Consolidated w/ CGC-11-512102)
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 fo date, and estimated future fost eamings. if equitable relief is sought, describe the nature of the relief.)
Claims for liability remain against three individuals who have been found guilty of or pled guilty to
criminal charges; Jay Shah, Melvin Emerich, Winston Lum. Hwang respectfully request that a trial date
be set within 90-120 days of the CMC hearing.
(lf more space is needed, check this box and attach a page designated as Atfachment 4b.)
5. Jury or nonjury trial
The party or parties request X_| a jury trial @ nonjury trial. {if more than one party, provide the name of each parly
requesting a jury trial):
6. yet 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):
March 3-31, 2015 (trial in Hawaii, U.S. District Court).
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. Lx] days (specify number): 3-5
b, hours (short causes) (specify):
8. Trial representation (fo 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:
ol] 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. Piease note ihat 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 has
in rule 3.221 to the client and reviewed ADR options with the
(2) For self-represented parties: Party ] has has not reviewed the ADR information package identified in rule 3.221,
has not provided the ADR information package identified
ient.
b. Referral to judicial arbitration or civil action mediation {if available).
“} This matter is subject to mandatory judicial arbitration under Cade 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.
Piaintiff 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.
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):
CTR Js, 2577 CASE MANAGEMENT STATEMENT Pigs 2048_CM-110
[ny SLAIN IRETITIONER | COMMONWEALTH LAND TIPLE CASE NUMBER:
EFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES CGC-10-503332-Lead case
LINC. etal . {Consolidated w/ CGC-11-512102)
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 aif 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 (aftach a copy of the parties‘ ADR
stipulation):
(1) Mediation
f
‘E=-] Mediation session not yet scheduled
Agreed to complete mediation by (date):
Mediation completed on (date):
(2) Settlement
conference
Settlement conference not yet scheduled
“| Settlement conference scheduled for (date):
{7} Agreed to complete settlement conference by (date):
("] Settlement conference completed on (date):
(3) Neutral evaluation
(oo
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):
{5) Binding private
‘| Private arbitration not yet scheduled
Private arbitration scheduled for (date):
arbitration Cl | Agreed to complete private arbitration by (date).
Private arbitration completed on (date):
{—
[| ADR session not yet scheduled
swe |. ADR session scheduled for (date):
(6) Other (specify): ce
| Agreed to complete ADR session by (date);
ADR completed on (date):
CMA140 (Rew. daly 1, 20111
CASE MANAGEMENT STATEMENT Page 3 of 5CM-116
PLAINTIFF/PETITIONER: COMMONWEALTH CAND TITLE
|. INSURANCE COMPANY
DEF ENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES INC.,
etal.
CASE NUMBER:
CGC-10-503332-Lead case
(Consolidated w/ CGC-11-512102)
11. Insurance
a. insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: pl Yes No
3. C3 Coverage issues will significantly affect resolution of this case (explain):
12, Jurisdiction
indicate any maiters 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. [X_] There are companion, underlying, or related cases.
(1) Name of case: Hwang v. FedEx, et al.
(2) Name of court: San Francisco County Superior Court
(3) Case number: CGC-11-512102
(4) Siatus: Consolidated with Case number CGC-10-503332
“| Additional cases are described in Attachment 13a.
o
b. LJ Amotionto [1] consolidate || coordinate will be filed by {name party):
14. Bifurcation
action (specify moving party, type of motion, and reasons):
15. Other motions
Motion establishing defendants’ liability via issue preclusion.
16. Discovery
a. LX_J| The party or parties have completed ail discovery.
X_| The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
b. [....] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description
Date
ce. [Ul The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
OM-A10 (Row. July t, 2014] CASE MANAGEMENT STATEMENT
Page 4 of §CM-110
PLAINTIFF/PETITIONER: COMMON WEALTH LAND TTTLE ‘CASE NUMBER.
INSURANCE COMPAN
DEFENDANTRESPONDENT: FEDEX OFFICE AND PRINT SERVICES INC., | CGC-10-503332-Lead case
etal, (Consolidated w/ CGC-11-512102)
17. Economic litigation
of Civil Procedure sections 90-98 will apply to this case.
b. [""} This is a limited civit 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): Setting of trial date within 90-120 days of CMC.
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: November ; 2014
Morgan K. Lopez >
(IYPE OR PRINT NAME) {(SIOWATUIRE OF PARTY OR. fae)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
~_] Additional signatures are attached.
M10 [Rev, July %, 2014) CASE MANAGEMENT STATEMENT Page 5 of 6SA tA
Lead Case No, CGC-10-503332
(consolidated for all purposes with CGC-11-512102)
PROOF OF SERVICE BY MAIL
1, Gina Bentley, the undersigned, hereby certify and declare under penalty of
perjury that the following statements are true and correct:
1. Lam 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 November 21, 2014 1 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 21st day of November,#2014 at Walnut Creek, California.
Gina M. Hentics
~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. CGC10$03332 -— 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: ehunnes@fnf.com
Craig J. Bassett, Esq.
Attomey at Law
25 W. First Street
Morgan Hill, CA 95037-4559
Aitorneys for Defendants Jay Chandrakant
Shak and Elvia Palomino
T: (408) 779-0007; F: (408) 778-6005
E-mail: chassett@garlic.com
Morad Afraimi
912 Edgecliff Drive
Reno, NV 89523
Pro se defendant Merad Afraimi
T: 775-825-3113 (wh); F: 775-825-7060
(phone and fax provided by prev attys office)
Kaushal Niroula, CDC #AN1518
Mule Creek State Prison
P.O. Box 409099
lone, CA 95640
David Replogle, CDC# AH3617
CSATF/State Prison at Corcoran
Housing E4-139
P.O. Box 5242
Corcoran, CA 93212
Defendant in Pro Per
Todd Michael Austin, Esq.
Clinton & Clinton
106 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, CDC# AP2537
California Correctional Center
Facility B-47-11U
P.O. Box 2400
Susanville, CA 96127-2400
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, Elrod 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-140 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and eddress}: 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 ELECTRONICALLY Walnut Creek, CA 94596 seuemione woe (925) 210-2800, —_faxindsopionai: (925-945-1975 FILED GMAK, ADDRESS /Ontionan: C lena glynotiniey;com Superior Court of California, avronneyroa wom. X-Def/Plaintiff Shirley S. Hwang. County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco NOV 21 2014 sree anpress: 400 McAllister Street MAILING ADDRESS: cry ano zip cove: San Francisco, CA 94102 sranch name: Civic Center Courthouse PLAINTIFF/PETITIONERC COMMONWEALTH LAND TITLE INSURANCE COMPANY DEFENDANT/RESPONDENT.FEDEX OFFICE AND PRINT SERVICES INC., etal. Clerk of the Court BY: WILLIAM TRUPEK Deputy Clerk CASE MANAGEMENT STATEMENT CASE NUMBER (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) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 24, 2014 Time: 10:30 a.m. Dept.: 610 Divs 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. [X] This statement is submitted by party (name):Plaintiff Shirley S. Hwang b. L__] 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); Operative complaints filed on or about February 7, 2014 b. [XJ The cross-complaint, if any, was filed on (date): January 28, 2014 by Defendant FedEx Office and Print Services Inc. 3. Service (to be answered by plaintiffs and cross-complainants only) a. (-_! Allparties 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 “| 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 ce bu} The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description ofcase a. Type of case in (xo complaint cross-complaint (Describe, including causes of action): Negligence, Conversion, Trespass, Slander of Title wang) Deceit, Conversion, Unjust Enrichment, Negligence Surety Bond, Negligant Misrepresentation, Negligent Supervision, Ratification. . page 1of rot del Counc et care CASE MANAGEMENT STATEMENT Chea 3750-3 766 CM-110 [Rav July #, 2014] 8 las. fe Pins.CM-110 AANTERPeTTIONER: COMMONWEALT WTA AE CASE NUMBER: DEFENDANTRESPONDENT: FEDEX OFFICE AND PRINT SERVICES CGC-10-503332-Lead case iC. etal. (Consolidated w/ CGC-11-512102) 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 fo date, and estimated future fost eamings. if equitable relief is sought, describe the nature of the relief.) Claims for liability remain against three individuals who have been found guilty of or pled guilty to criminal charges; Jay Shah, Melvin Emerich, Winston Lum. Hwang respectfully request that a trial date be set within 90-120 days of the CMC hearing. (lf more space is needed, check this box and attach a page designated as Atfachment 4b.) 5. Jury or nonjury trial The party or parties request X_| a jury trial @ nonjury trial. {if more than one party, provide the name of each parly requesting a jury trial): 6. yet 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): March 3-31, 2015 (trial in Hawaii, U.S. District Court). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. Lx] days (specify number): 3-5 b, hours (short causes) (specify): 8. Trial representation (fo 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: ol] 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. Piease note ihat 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 has in rule 3.221 to the client and reviewed ADR options with the (2) For self-represented parties: Party ] has has not reviewed the ADR information package identified in rule 3.221, has not provided the ADR information package identified ient. b. Referral to judicial arbitration or civil action mediation {if available). “} This matter is subject to mandatory judicial arbitration under Cade 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. Piaintiff 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. 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): CTR Js, 2577 CASE MANAGEMENT STATEMENT Pigs 2048_CM-110 [ny SLAIN IRETITIONER | COMMONWEALTH LAND TIPLE CASE NUMBER: EFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES CGC-10-503332-Lead case LINC. etal . {Consolidated w/ CGC-11-512102) 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 aif 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 (aftach a copy of the parties‘ ADR stipulation): (1) Mediation f ‘E=-] Mediation session not yet scheduled Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled “| Settlement conference scheduled for (date): {7} Agreed to complete settlement conference by (date): ("] Settlement conference completed on (date): (3) Neutral evaluation (oo 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): {5) Binding private ‘| Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Cl | Agreed to complete private arbitration by (date). Private arbitration completed on (date): {— [| ADR session not yet scheduled swe |. ADR session scheduled for (date): (6) Other (specify): ce | Agreed to complete ADR session by (date); ADR completed on (date): CMA140 (Rew. daly 1, 20111 CASE MANAGEMENT STATEMENT Page 3 of 5CM-116 PLAINTIFF/PETITIONER: COMMONWEALTH CAND TITLE |. INSURANCE COMPANY DEF ENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES INC., etal. CASE NUMBER: CGC-10-503332-Lead case (Consolidated w/ CGC-11-512102) 11. Insurance a. insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: pl Yes No 3. C3 Coverage issues will significantly affect resolution of this case (explain): 12, Jurisdiction indicate any maiters 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. [X_] There are companion, underlying, or related cases. (1) Name of case: Hwang v. FedEx, et al. (2) Name of court: San Francisco County Superior Court (3) Case number: CGC-11-512102 (4) Siatus: Consolidated with Case number CGC-10-503332 “| Additional cases are described in Attachment 13a. o b. LJ Amotionto [1] consolidate || coordinate will be filed by {name party): 14. Bifurcation action (specify moving party, type of motion, and reasons): 15. Other motions Motion establishing defendants’ liability via issue preclusion. 16. Discovery a. LX_J| The party or parties have completed ail discovery. X_| The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): b. [....] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date ce. [Ul The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): OM-A10 (Row. July t, 2014] CASE MANAGEMENT STATEMENT Page 4 of §CM-110 PLAINTIFF/PETITIONER: COMMON WEALTH LAND TTTLE ‘CASE NUMBER. INSURANCE COMPAN DEFENDANTRESPONDENT: FEDEX OFFICE AND PRINT SERVICES INC., | CGC-10-503332-Lead case etal, (Consolidated w/ CGC-11-512102) 17. Economic litigation of Civil Procedure sections 90-98 will apply to this case. b. [""} This is a limited civit 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): Setting of trial date within 90-120 days of CMC. 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: November ; 2014 Morgan K. Lopez > (IYPE OR PRINT NAME) {(SIOWATUIRE OF PARTY OR. fae) > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ~_] Additional signatures are attached. M10 [Rev, July %, 2014) CASE MANAGEMENT STATEMENT Page 5 of 6SA tA Lead Case No, CGC-10-503332 (consolidated for all purposes with CGC-11-512102) PROOF OF SERVICE BY MAIL 1, Gina Bentley, the undersigned, hereby certify and declare under penalty of perjury that the following statements are true and correct: 1. Lam 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 November 21, 2014 1 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 21st day of November,#2014 at Walnut Creek, California. Gina M. Hentics ~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. CGC10$03332 -— 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: ehunnes@fnf.com Craig J. Bassett, Esq. Attomey at Law 25 W. First Street Morgan Hill, CA 95037-4559 Aitorneys for Defendants Jay Chandrakant Shak and Elvia Palomino T: (408) 779-0007; F: (408) 778-6005 E-mail: chassett@garlic.com Morad Afraimi 912 Edgecliff Drive Reno, NV 89523 Pro se defendant Merad Afraimi T: 775-825-3113 (wh); F: 775-825-7060 (phone and fax provided by prev attys office) Kaushal Niroula, CDC #AN1518 Mule Creek State Prison P.O. Box 409099 lone, CA 95640 David Replogle, CDC# AH3617 CSATF/State Prison at Corcoran Housing E4-139 P.O. Box 5242 Corcoran, CA 93212 Defendant in Pro Per Todd Michael Austin, Esq. Clinton & Clinton 106 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, CDC# AP2537 California Correctional Center Facility B-47-11U P.O. Box 2400 Susanville, CA 96127-2400 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, Elrod 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