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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jun-28-2012 3:22 pm
Case Number: CGC-10-503332
Filing Date: Jun-28-2012 3:21
Filed by: WESLEY G. RAMIREZ
JukeBox: 001 Image: 03670111
CASE MANAGEMENT STATEMENT
COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE
AND PRINT SERVICES, INC et al
001003670111
Instructions:
Please place this sheet on top of the document to be scanned.CM-110
ATIGANEY OR PARTY WITHOUT ATTORNEY (Namo, Sizie Bar number, and address):
Michael M. Ching (SBN #209426), Jennifer C. Lee (SBN #273545)
Cannata, Ching & O'Toole LLP
100 Pine Street, Suite 350, San Francisco CA 94111
TELEPHONE No.: 445-409-8900 FAX NO, (Optional: 415-408-8904
E-MAIL ADDRESS (Opliona): Mohing@ccolaw.com ; jlee@ccolaw.com
ATTORNEY FOR (Neme: Defendant Winston Lum
‘FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
staeer appress: 400 McAllister Street
MAILING ADDRESS:
cry AND zip CODE: San Francisco, CA 94102
RANCH NAME:
PLAINTIFF/PETITIONER: Commonwealth Title Insurance Company
DEFENDANT/RESPONDENT: Fedex Office and Print Services, Inc., et al.
FAL Se
JUN 28 2012
CASE MANAGEMENT STATEMENT
{Check one): [2] UNLIMITED CASE [7] Limitep case
{Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
CASE NUMBER:
CGC-10-503332 (cons. 11-512102)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: July 18, 2012 Time: 2:00 p.m. Dept: 610
Address of court {if different from the address above):
Notice of Intent to Appear by Telephone, by (namej: Jennifer C. Lee
Div.: Room:
—
INSTRUCTIONS: All applicable boxes must be checked, and the specifie
1. Party or parties (answer one):
This statement is submitted by party (name): Winston Lum
b, This statement is submitted jointly by parties (names):
d information must be provided.
BY FAX
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainanis only)
a. The complaint was filed on (date):
b. [71] The cross-complaint, if any, was filed on (dale):
3. Service (lo be answered by plaintiffs and cross-complainants only)
a (J) an Parties named in the complaint and crass-complaint have been served, have appeared, or have been dismissed.
b. [1 The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(2) [7] have been served but have not appeared and have not been
(3) LJ have had a default entered against them (specify names):
c [J The following additional parties may be added (specify names, nature of involvement in case, and dete by which
they may be served):
4. Description of case
dismissed (specify names):
a. Type ofeasein [v } complaint Cc cross-complaint (Describe, including causes of action):
Plaintiff Commonwealth's complaint alleges deceit and canversion against Defendant Lum. Plaintiff Hwang's
complaint alleges conversion, trespass, and stander of tile against Defendant Lum.
Form Adopted for Mendetory Use CASE MANAGEMENT STATEMENT
-Jugiclal Council of California
(CM.110 ev. dy 4, 2071}
aga 1 of 5
Cal. Rutos of Coun,
tules 3,720~-3.730
anww.couns.ca.gowCM-110
‘GASE NUMBER:
: Ith Title Insurance Compan:
PLAINTIFF/PETITIONER: Commonweal pany CGC-10.503932 (cons. 11-612402)
DEFENDANT/RESPONDENT: Fedex Office and Print Services, Inc., ef al.
4. b. Provide a brief statement of the case, including any damages. (If personal injury damagas are sought, specify the injury and
damages claimed, including medical expenses to date findicata source and amount), estimated future madical expenses, lost
eamings fo date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the reliet.)
Saveral of the individual named Defendants, including Winston Lum, are alleged to have participated in a reat
estate scheme that resulted In the wrongful transfer of title of certain properties from the legal owner.
(if more space is naeded, check ihis box and attach a page designated as Attachment 4b.}
6. Jury or nonjury trial |
The party or parties request ajury trial [7] anonjury trial, —_(#f more than one parly, provide the name of each party
requesting a jury trial):
6. Trial date
a. [__] The triat has been set for (date):
b. LZ] No trial date has been set, This case will be ready for tal within 12 months of the date of the filing of the complaint (if
nat, explain):
6. Dates on which parties or attorneys will not be availabie for trial (specify dates and explain reasons for unavailability):
Caunsel is unavailabte: July 13, 2012 (trlal), Oct. 9-22, 2012 (irial), Oct. 29-31, 2012 (trial), Nov. 5, 2012 (trial),
Dec, 4-21 ral), Jan. 22, 2013 {trial}, Feb. 19, 2013 (trial), April 29, 2013 (trial).
7. Estimated length of tri
The party or parties estimate that the trial will take (check one):
a. (2) days (specify number): 10 days
b. [1 hours (short causes) (specify):
8. Trial representation (to be answered for each party)
‘The parly or parties will be represented at trial [¥ ] by the attorney or party listed in the caption by the fallowing:
a, Attomey:
b, Firm:
c. Address:
d. Telephone number: Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment B.
8. 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: Counse| [7] has [1 has not provided the ADR information package identified
In cule 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) [2] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under ‘ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory fimit.
(2) (1) Plaintiff elects to refer this case to judiciat arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Gourtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
SNARE. 7 207 CASE MANAGEMENT STATEMENT age ForsCM-110
| PLAINTIFF/PETITIONER: Commonweatth Title Insurance Company
PEFENDANT/RESPONDENT: Fedex Office and Print Services, Inc., at al.
[CASE NUMBER:
CGC-10-503332 (cons, 11-512102)
The party or panies completing
this form are willing to
participate in the following ADR
processes (check aif that apply):
(1) Mediation
(2) Settlement
conference
(3) Neutral evaluation
(4) Nonbinding judicial
arbitration
(5) Binding private
arbitration
(6) Other (specify):
10, ¢. indicate the ADR process or proceeses that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check ail that apply and provide the specified information):
If the party or parties completing this form in the case have agreed to
participate in or have already completed an AOR process or processes,
indicate the status of the processes (attach a copy of the parties‘ ADR
Stipulatian): .
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (data):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (dete):
Setilement conference completed on (date):
Neutral evatuation not yet schaduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutra? evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by {date):
Judictal arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
QOUOO;OU00/0O000;0000;/0000/0008
AOR completed on (date):
(Ch-110 fRev. July 1, 2037]
CASE MANAGEMENT STATEMENT
Page sorsPLAINTIFFIPETITIONER: Commonwealth Title Insurance Company CASE NUMBER:
+ . CGC-10-503332 (cons. 11-512102)
DEFENDANT/RESPONDENT: Fedex Office and Print Services, Inc., el al.
11. Insurance
a. [] Insurance carrer, 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.
Bankruptcy Other (specify):
Stalus:
13. Related cases, consolidation, and coordination
a. (¢] There ara companion, underlying, or related cases.
(1) Name of case: Hwang v. Fedex Office and Print Services et al.
(2) Name of court: San Francisco Superior Court
(3) Case number. CGC-11-512102
(4) Status: Consolidated for afl purposes with CGC-10-503332
[© Additional cases are described in Attachment 13a.
b. A motion to ] consolidate (7) coordinate —_will be filed by (name party):
14. Bifurcation
[1 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
Â¥
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant Lum may file a motion for summary judgment
16. Discovery
The party or parties have completed all discovery.
‘The following discovary will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Lum
a.
b. 4)
Reserved pending stay
The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Per Defendant Fedex's motion, on March 17, 2011 the Court granted a stay of all discovery proceedings
pending the outcome of the parallel criminal case for CGC-10-503332. On December 20, 2011, the Court
issued an order granting Defendant Lum's motion to stay all dlscavery pending the outcome of the parallel
criminal case for CGC-11-512102.
‘CH-140 [Rov. July 1, 2001]
CASE MANAGEMENT STATEMENT Page 4 ofS‘CASE NUMBER:
PLAINTIFF/PETITIONER: Commonwealth Tiile Insurance Company
[— ™ pany CGC-10-503332 (cons. 11-512102)
DEFENDANTRESPONDENT: Fedex Office and Print Services, Inc., et al.
17. Economic litigation
a This is a limited civil case (i.¢., the amount demanded is $25,000 or less) and the aconomic litigation procedures in Code
of Civil Procedure sections 90-98 will apply ta this case.
b. [] This is a limited civit case and a mation te withdraw the case from the economic litigation procedures or for additional
discovery will be filed (/f checked, explain specifically why econamic litigation procedures relating lo discovery or trial
should not apply to his case):
18. Other issues
The party or parties request that the following additional matters be considered or determined al the case management
conference (specify):
19. Meet and confer
(1 The panty or parties have met and conferred with all parties on all subjects required by role 3.724 of the California Rules
of Coust (if not, explain):
The matter Is currently stayed.
b. After meeting and canferring 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 (ifany): 0
| 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 lime of
the case management conference, including the written authority of the party where required,
Date: 6/26/12
Jennifer C. Leo MY 1A and Vow
(TYPE OR PRINT NAME) (SIGNATURE df PARTY OR ATTORNEY)
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY)
(1) Additional signatures are attached.
Saks 10 Rv. ny 1, 2014] CASE MANAGEMENT STATEMENT Pape borsCANNATA, CHING & O'TOOLE LLP
ATTORNEYS AT LAW
100 PINE STREET, SUITE 350
SAN FRANCISCO, CA 34111
Tet: (415)409-8900 © Fax: (415]409-8904
PROOF OF SERVICE
I declare that 1am employed in the County of San Francisco, State of California. I am
over the age of eighteen (18) years and not a party to the within entitled cause, and my business
address is Cannata, Ching & O’Toole LLP, 100 Pine Street, Suite 350, San Francisco, CA 94111.
On June 28, 2012, I served the following documents in the manner(s) selected:
1 CASE MANAGEMENT STATEMENT
[X] (U.S. MAIL) placing true and correct copies thereof enclosed in a sealed envelape(s),
mailed in the United States mail with first class postage fully prepaid, at San Francisco,
California, addressed as set forth below:
Via U.S, Mail
*See Attached Mailing List*
I declare that the foregoing is true and correct and that this declaration was executed in
San Francisco, California, on June 28, 2012.ailing List
Attorneys for Plaintiff CommonWealth
Land Title Insurance Company
Edward A. Kunnes . -
Peter K. Wolff, Jr.
Fidelity National Law Group
100 N. Wiget Lane, Suite 150
Walnut Creek, CA 94111-5900
Attorneys for Defendant FedEx Office
David A. Clinton
Todd M. Austin
Clinton & Clinton
100 Oceangate, Suite 1400
Long Beach, CA 90802-4323
Attorneys for Cross-Defendant and
Plaintiff Hwang
Clement L. Glynn
Morgan K. Lopez
Glynn & Finley LLP
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596-7328
Attorney Pro Se For Defendant Melvin
Lee Emerich
Melvin Lee Emerich
Attorney at Law
209 Portola Court
Los Altos, CA 94022-1431
Attorney for Defendant Shah and
Palomino
Craig G. Basset, Esq.
Attorney at Law
25 W. First Street
Morgan Hill, CA 95037-4559
*Parly Dismissed per 2/27/12 letter*