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  • COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS) FRAUD document preview
  • COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS) FRAUD document preview
  • COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS) FRAUD document preview
  • COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS) FRAUD document preview
  • COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS) FRAUD document preview
  • COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS) FRAUD document preview
  • COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS) FRAUD document preview
  • COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS) FRAUD document preview
						
                                

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UT 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 ¥ 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*