Jury Demand: COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS)

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Dec-23-2011 3:51 pm

Case Number: CGC-10-503332
Filing Date: Dec-23-2011 3:51
Juke Box: 001 Image: 03432220
CASE MANAGEMENT STATEMENT

\NWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVI

001003432220

Instructions:
Please place this sheet on top of the document to be scanned.on

ee

CM-110
o

RTTORNEY OR PARTY WATHOUT ATTORNEY (Nvame, Stale Bar aumber, and address) FOR COURT USE ONLY

Edward A. Kunnes (SBN 160632)
Fidelity National Law Group FF I

100 N. Wiget Lane, Suite 150
Sy perior Court of Califomia
Walnut Creek, CA 94598 OF San Franvisco

TELEPHONE NO: (925) 930-9550 — FAXNO. {Cpiionary (925) 930-9588 f
e-mAl Aone (Onna NEC 23 2011
‘ATTORNEY FOR (Namo) COMMONWEALTH LAND T. ‘LE_INSU! ICE COM

SUPERIOR COURT OF CAUFORNIA, COUNTY OF San Francisco (CLERK OF THE COUR’
grreeraopress: 400 McAllister Street By ,
MAILING ADDRESS. Deputy Cler

crvanozp cove San Francisco, CA 94102

BRANCH NAME:

PLAINTIFFPETITIONER COMMONWEALTH LAND TITLE INSURANCE
COMPANY
DEFENDANTRESPONDENT-FEDEX OFFICE AND PRINT SERVICES,
INC., et al.

CASE MANAGEMENT STATEMENT CASE NUMBGR:

(Check one): _X. UNLIMITED CASE IMITED CASE CGC-10-503332/11-512102
(Amount demanded {Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 13, 2012 Time: 2:00 p.m. Dept: 610 Div: Room:

‘Address of court {if different from the address above):

|X. Notice of Intent to Appear by Telephone, by (name): Edward Kunnes

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):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): September 8, 2010

The cross-complaint, if any, was filed on (date): BY F AX

(to be answered by plaintiffs and cross-complainants only)

All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. =X) The foltowing panies named in the complaint or cross-complaint
(4) CZ have not been served (specify names and explain why nol):

(2) _X") nave been served but have not appeared and have not been dismissed (specify names): Shah,
_ Afraimi, Niroula, Languban, Martini & Chnoogle
Qo have had a default entered against them {specify names):

c. [X. The following additional parties may be added (specify names, nature of involvement in case, and daie by which
they may be served):Repoogle

4. Description ofcase |
a. Typeofcasein ~X_ complaint cross-complaint (Describe, including causes of action):
DECEIT; CONVERSION; UNJUST ENRICHMENT; NEGLIGENCE PER SE; SURETY BOND;
NEGLIGENCE; and MISREPRESENTATION

Page tot §

Cal, Rules of Cour.
tules 3.720-3.720

Formal Counc! Calero CASE MANAGEMENT STATEMENT
Meese ay 2OTTTCM-110

PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INSURANCE CASE NUMBER:

COMPANY CGC-10-503332

DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES,
INC., et al.

4. , Provide a brief statement of the case, including any damages. (if personal injury damages are sought, specify the injury and
damages claimed, including medicat expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to dale, and estimated future iost eamings. if equitable relief is sought, describe the nature of the relief.)

Lum, Niroula, Shah, and Emerich conspired to transfer three condo units in the

Rincon Center to Lum. The owner's name was forged on the grant deeds and Languban

a notary employee at FedEX notarized the grant deeds at the FedEX office. The

Gefendants obtained $2.2 million by using the properties as collateral for loans.
iC) (if more space is needed, check this box and attach a page designated as Attachment 4b.)

5. Jury or nonjury trial

The party of parties request LX. ajury trial
requesting a jury tral):

"a nonjury tral. (lf more than one party, provide the name of each party

6. Trial date
a. | 2 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): The Court has placed a stay on all discovery until the criminal
matter is completed. Trial will necessarily be more than 12 months away.
¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):

7, Estimated length of trial

The party or parties estimate that the trial will take (check one):
days (specify number): 5-7 days
hours (short causes) (specify):

8. Trial representation (to be answered for each party)

‘The party or parties will be represented at trial by the attomey 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 enlitied to preference (specify code section):
40. 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» has i. hasnot provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the cient.

(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 fo the amount specified in Code of
Civil Procedure section 1141.11.

QB). 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 exemplion):

EMO Rew. Jay. 2081F CASE MANAGEMENT STATEMENT PosezetsCM-140

Inc., et al.

PLAINTIFFIPETINIONER: COMMONWEALTH LAND TITLE INSURANCE, CASE NUMBER:
OMPANY
DEP ENDANTIRESPONDENT: FEDEX OFFICE AND PRINT SERVICES,

CGC-10-503332

140. 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):

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

(1) Mediation

Mediation session not yet scheduled

= Mediation session scheduled for (dafe):
” 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):

—
~” Private arbitration not yet scheduled
(8) Binding private . Private arbitration scheduled for (date):
arbitration Le Agreed to compiete private arbitration by (date):
~ Private arbitration completed on (date):
Ve ADR session not yet scheduled
| . 7" ADR session scheduled for (date):
(6) Other (specify): L_
: Agreed to complete ADR session by (date):
"Tr ADR completed on (date):
Gaeri9 Rev July 12071 Pages of

CASE MANAGEMENT STATEMENT-
Sor

. CM-110
PLAINTIFFIPETITIONER: COMMONWEALTH LAND TITLE INSURANCE CASE NUMBER
COMPANY
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: °__! Yes
c. 7! 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.
"T7] Bankruptey _". Other (specify):
Status:

13. Related cases, consolidation, and coordination

a. X_ There are companion, underlying, or related cases.

(1) Name of case: People v Shah

(2) Name of court: San Francisco Superior

(3) Case number: 09 -486395

(4) Status: Pending

Asditional cases are described in Attachment 13a.

" Amotionto |__. consolidate “ coordinate —_will be filed by (name party):

44. 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
"| The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):

416. Discovery
a. The party or parties have completed all discovery.
b. | K~ The foliowing discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Commonwealth written discovery and depositions unknown*

c. _X_ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify): *The Court has placed a stay on all discovery until the
criminal matter is completed.

G7 [Row ay 8 201%) CASE MANAGEMENT STATEMENT Page atsSeer a
CM-110
PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INSURANCE ‘CASE NUMBER:
CO ENDANT! CGC-10-50333
DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES, TaN 23.
INC., et al.

417, Economic litigation
| This is a limited civil case (i.¢., 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. 77] 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):

19, Meet and confer
a. || The party or parties have met and conferred with all parties on all subjects required by cule 3.724 of the California Rules

of Court (if nat, 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):

1am completely famitiar 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 23, 2011

Edward Kunne: d
(TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY)

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

She D mes 7s FON] CASE MANAGEMENT STATEMENT Pages tsCommonwealth Land Title Ins. Co. v. Lum, et al.: San Francisco Superior Case #CGC10503332

PROOF OF SERVICE
am 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 100 North Wiget Lane,
Suite 150, Walnut Creek, California 94598.
On the date entered below, I served the within:

1. CASE MANAGEMENT STATEMENT
on the parties in said action by placing a true copy thereof as indicated below, addressed as

follows:

\Todd Michael Austin

Clinton & Clinton

100 Oceangate Blvd., 14" Fl.

Long Beach, CA 90802

Attorneys for Defendant Fed-Ex Office and
\Print Services, Inc.

Frederick D, Williams
5515 Wedekind Road
Sparks, NV 89431-1147
Attorney for Defendant
\Morad Afraimi

Craig J. Bassett

Attorney at Law

25 W. First Street

Morgan Hill, CA 95037-4559

|Attorneys for Defendants

Jay Chandrakant Shah and Elvia Palomino

Therese Y. Cannata

Michael M, Ching

Juna Kim

Cannata, Ching & O’Toole LLP

100 Pine St., Suite 1775

San Francisco, CA 94111

Attorneys for Defendant Winston Lum

Clement L. Glynn

Morgan K. Lopez

Glynn & Finley, LLP

One Walnut Creek Center

100 Pringle Ave., Suite 500

Walnut Creek, CA 94596

Attorneys for Cross-Defendant/Plaintiff
Shirley Hwang

Melvin Lee Emerich

209 Portola Ct.

Los Altos, CA 94022

Defendant, In Pro Per

As an individual defendant and as Agent on
behalf of Defendant Martini & Chnoogle

Kaushal Niroula [Booking #200910575]
Indio Jail Facility

46057 Oasis Street

Indio, CA 92201

Defendant

Morad Afraimi

912 Edge Cliff Drive
Reno, NV 89523
Defendant

Grachelle Languban

935 Pomeroy Ave., #14
Santa Clara. CA 95051-4706
DefendantW)

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foregoing is true and correct.

IDATED: December 23, 2011

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~

BY MAIL: I caused such envelope(s) with postage thereon fully repaid to be placed in
the United States Mail, which envelope(s) was then sealed and laced 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; and 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 PERSONAL SERVICE: I caused such envelope to be delivered by hand on the
office(s) of the addressee(s).

BY OVERNIGHT MAIL: _ I caused such envelope to be delivered by Golden State
Overnight to the office(s) of the addressee(s).

BY FACSIMILE: I caused a copy of such document to be sent via facsimile
transmission to the oftice(s) of the parties above stated.

I declare under penalty of perjury under the laws of the State of Galifornia that the
i

(Zi ESQU:

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