Preview
COMA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-02-2012 3:11 pm
Case Number: CGC-10-503332
Filing Date: Mar-02-2012 3:11
Juke Box: 001 Image: 03518237
CASE MANAGEMENT STATEMENT
INWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVit
001003518237
Instructions:
Please place this sheet on top of the document to be scanned.)
' ©
CM-110
"ATTORNEY OR PARTY WATHOUT ATTORNEY (Narre Stale Bar number, end across}
David A. Clinton, Esq. / Todd M. Austin, Esq. SBN: 150107 / 232355
CLINTON & CLINTON
100 Oceangate, 14th Floor
Long Beach, CA 90802
‘TELEPHONE NO: 562-216-5000 FAXNO, (Options):
E-MAIL ADORESS (Optiona:
ATTORNEY FOR (wena: Defendant, FEDEX OFFICE AND PRINT SERVICES, INC.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
‘STREET AcOREss: 400 McAllister Street
wane apoREsS 400 McAllister Street
cary annzP coe: San Francisco, 94102
BRANCH NAME: Civic Center Courthouse
PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INS. CO.
DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES, INC., et al.
CASE MANAGEMENT STATEMENT
(Cheok one): [X] UNLIMITED CASE CI umrrep case
POR COURT USE ONLY
CUC-10-503332 Lead Case
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 16, 2012 Time: 2:00 p.m. Dept: Div.: Room:
Address of court (if different from the address above): Same
[2X] Notice of intent to Appear by Telephone, by (name): Todd M. Austin, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided,
1. Party or parties (answer one):
2. [X) This statement is submitted by party (name): Defendant, FodEx Office and Print Sorvices, Inc.
b. C1 This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. [J] The cross-complaint, if any, was filed on (date):
3. Service (fo be answered by plaintiffs and cross-complainants only)
a. oo All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. £7) The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(2) [21 have been served but have not appeared and have not been dismissed (specify names):
(3) 1) have had a defaut entered against them (specify names):
ce [] 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 case in [XJ complaint [— cross-complaint (Describe, Including causes of action):
Plaintiff, Commonwealth Land Title Ins, Co. (Case No. CGC-10-503332) asserts causes of action for Deceit, Conversation,
Unjust Enrichment, Negligence, Negligence Per Se, and Misrepresentation; Plaintiff, Shirley Hwang (Case No. CGC-11-
512102) asserts causes of action for Negligence, Negligence Per Se, Conversion, ‘Trespass, and Slander of Title.
Pogo 1 of 8
Fore Adopted fox Mercator Usa CASE MANAGEMENT STATEMENT Cal, Rules of Court,
Ceh-110 [Rev. Jhaty 9, 2011) wwncuuttcnre,
TVNISIEO
Ahie oovd Ad~ ~
~ —
CM-110
‘CASE NUMBER:
PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INS. CO. CGC-10-503332 Lead Case
DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES, INC., et al.
tement of the case, including any damages. (/f personal injury damages are sought, specify the injury end
ap cannes oie inchiding medical ‘oxpenses. to date Indicate source and emount}, estimated future medicel expenses, lost
eamings to date, and estimated future fost earnings, if equitable relief is sought, describe the nature of the relief)
Both Commonwealth Land Title Ins, Co. and Shirley Hwang seek monetary damages arising from an alleged real estate
scheme whereby forged grant deeds purportedly transferring Ms. Hwang's ownership in three condominiums to Defendant,
Winston Lum. The grant deeds were notarized and recorded. Thereafter, several of the individual defendants arranged for
bark loans to be made to Mr. Lum in excess of $2.3M, using the condominiums as collatera.
[2X] (it more space is needed, check this box and attach @ page designated as Altachment 4b.)
5. Jury of nonjury trial |
The party or parties request. OX] jury trial [—] anonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
6. Trialdate
a. (J The trial has been set for (date):
b. EX Notrial 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): Discovery has been stayed pending the resolution of the parallel criminal case.
c. Dates on which parties or attorneys will not be available for trial {specify dates and explain reasons for unavailability):
7. Estimated tength of trial
The party or parties estimate that the trial will take (check one):
2. 1X) days (specty number): 10 to 12
b. [) hours (short causes) (specify):
8. Trial representation (fo be enswered for each party)
The party or parties will be represented at tial [KX] by the attomey or party listed in the caption [_] by the following:
a. Attorney:
b. Firm:
c, Address:
d. Telephone number: f. Fex number:
e. E-mall address: g. Party represented:
(1) Additional representation is described in Attachment 8,
9. Preference
[=] This case is entitied 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 counset Counsel [—] has [1] 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 C5 hes (I 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 Cade of Civil Procedure section 1141.11 or to civil action
muon eee ‘Ode of Civil Procedure section 1775.3 because the amount in controversy does nat exceed the
init.
(2) (] Plaintiff 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,
(3) [] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under eds of Civil Procedure section 1775 et seq, (specify exemption):
eT 0 Trev. ay, OTT)
CASE MANAGEMENT STATEMENT PagezorsOo
CM-110
PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INS. CO.
PEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES, INC., et
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 ail that apply and provide the specified information):
The party or parties completing | If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have afready completed an ADR process or processes,
participate In the following ADR { indicate the status of the processes (attach a copy of the parties‘ ADR
processes (check all that apply): | stipuletion):
(2) Settlement
conference
oe
(4) Nonbinding judicial
arbitration
Agreed to complete private arbitration by (date):
(8) Binding private
arbitration
Private arbitration completed on (date):
ADR session not yet scheduled
(@omner( ADR session scheduled for (date):
71 Agreed to complete ADR session by (date):
[1 ADR completed on (date):
140 | r
CTO Pes Roy), CASE MANAGEMENT STATEMENT “er
[) Mediation session not yet scheduled
Cc Mediation session scheduled for (date):
1 Agreed to complete mediation by (date):
[) Mediation completed on (date):
Settlement conference not yet scheduled
Setdement conference scheduled for (date):
Agreed to complete settiement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Oo
Co
O
oO
Oo
Cc
oO
oo
C=) Jucicia! arbitration not yet scheduled
[1 usiciat arbitration scheduled for (date):
1 Agreedto complete jucicial arbitration by (date):
[1 Justicia! arpitration completed on (date):
Oo
co
co
2
oj
Co
Private arbitration not yet scheduled
Private arbitration scheduled for (date):oO
‘CASE NUMBER:
PLAINTIFF/PETITIONER; COMMONWEALTH LAND TITLE INS. CO. CGC-10-503332 Lead Case
DEFENDANTRESPONDENTFEDEX OFFICE AND PRINT SERVICES, INC., et al.
11. Insurance
a. [X1] insurance carrer, if any, for party filing this statement (name): Chubb Ins. Co.
b. Reservation of rights: CX] Yes [—_] No
c [2] 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.
(1) Bankruptcy [] other (spacify):
Status:
13. Related cases, consolidation, and coordination
a. [X} There are companion, underlying, or related cases.
(1) Name of case: Hwang v. FedEx Office and Print Services
(2) Name of court San Francisco County Superior Court
(3) Case number. CGC-11-512102
(4) Status: Discovery stayed pending resolution of parallel criminal case
(Additional cases are described in Attachment 13a.
b. EX) Amotionto CX] consolidate [—) coordinate —_will be filed by (name party): Has been previously granted
to consoldiate the cases for all purposes.
14. Bifurcation
C2 the Party or parties intand 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
CO the Party or parties expect to file the following motions before triat (specify moving party, type of mation, and issues):
Motion for Summary Judgment.
16. Discovery
a {(_]The party or parties have completed all discovery.
b. [7] The following discovery will be completed by the date ‘Specified (describe all anticipated discovery):
Party Description Date
«. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify): Alll discovery has been stayed pending the resolution of the parallel criminal cases, which are
belicved to begin trial in March 2012.
CAO fRav. ty 1, 2017)
CASE MANAGEMENT STATEMENT Page dor¢)
i)
PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INS. CO. (CASE MUMGER:
CGC-10-503332 Lead Case
DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES, INC., et al.
17, Economic litigation
a. [[) This is a limited civil case (.e., the amount demanded is $25,000 or tess) 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 itigation procedures relaling to discovery or trial
should not apply to this case):
18. Other issues
[1 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. [J The Party or parties have met and conferred with all parties on all Subjects required by rule 3.724 of the California Ruies
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 familias with this case and will be fully prepared to discuss the status of di
a8 well as other issues raised by this statement, and will i
the case management conference, including the written authority of the party
Date: March 2, 2012
David A. Clinton, Esq. / Todd M. Austin, Esq.
(TYPE OR PRINT NAME}
(TYPE OR PRINT NAME)
SO ee dy | 218) CASE MANAGEMENT STATEMENT Page SotsMC-025
SHORT TITLE: HWANG vs. FEDEX OFFICE (CASE NUMBER:
CGC-10-503332 Lead Case
ATTACHMENT (Number): 4b
(This Attachment mey be used with sny Judicial Council form.)
Plaintiffs allege that FedEx Office is liable for the conduct of the notary who notarized the grant deeds. FedEx Office contends that
said individual was not acting within the course and scope of her employment at the time of the notarizations.
Several of the individuais involved in the alleged real eslate scheme are pending trial in a related criminal case, which is believed to
be set for March 2012. Discovery in the instant consolidated Civil Action has been stayed pending resolution of the criminal case.
(if the tem that this Atlachment concems is made under pensity of perjury, all statements in this
Attachment are mede under penaty of perjury.) atom srorm ton a
$88 requir
‘Feem Approved tor I ise
Eee ee ATTACHMENT
we ab
to Judicial Council Form meenom YF DH RB ww
ye Rey Dp wv N ow — eee
ea y~R FERBRBEREBSESERDRREEBDHR Ie
QO)
PROOF OF SERVICE BY IL
(California Code of Civil Procedure § 1013A(3))
1 am employed in the State of California, I am over the age of 18 years and not a party to
the within action; my business address is 100 Oceangate, Fourteenth Floor, Long Beach,
California 90802.
On March 2, 2012, I served the foregoing document described as: DEFENDANT,
FEDEX OFFICE AND PRINT SERVICES, INC.’S CASE MANAGEMENT
STATEMENT on parties therein in this action by placing a true copy thereof enclosed in a
sealed envelope with postage thereon fully prepaid, in the United States mail at Long Beach,
California, addressed as follows:
SEE SERVICE LIST BELOW
I sealed and placed such envelope for collection and mailing to be deposited in the mail
on the same day in the ordinary course of business at Long Beach, California. The envelope was
mailed with postage thereon fully prepaid.
I am readily familiar with this firm's practice of collecting and processing correspondenc
for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course
of business. I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of deposit for the mailing
in affidavit.
(By Mail) I caused such envelope with postage thereon fully prepaid to be placed in the
X__ United States mail at Long Beach, California.
(By Fax) I caused such documents to be faxed at Long Beach, California from Fax
number (562)216-5001. The facsimile machine I used compiled with Rule 2003(3)
and no error was reported by the machine. Pursuant to Rule 2005(I), 1 caused the
machine to print a record of the transmission, a copy of which is attached to this
leclaration.
(By Personal Service) I caused such envelope to be delivered by hand to the
addressee(s).
(State) I declare under the penalty of perjury under the laws of the State of California
X__ that the foregoing is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this court
at whose direction this service was made.
Executed on March 2, 2012 at Long Beach,
HwenpPlecaene & CiDefendants\750 - FedEx\111012- 1]
ing\Pleading\CMC-POS02.doc
Case Management Statement_
ou Oe I HH FF WwW LH
Cc
i)
SERVICE LIST:
Commonwealth Land Title Ins. Co. v. FedEx Office, et al., Case No. CGC-10-503332
AND
Shirley S. Hwang v. FedEx Office, et al., Case No. CGC-11-512102:
Edward A. Kunnes, Esq. (160632)
Peter K. Wolff, Jr., Esq. (142426)
FIDELITY NATIONAL LAW GROUP
100 North Wiget Land, Suite 150
Walnut Creek, California 94598
Tel: (925) 930-9550
Fax: (925) 930-9588
Attorney for Plaintiff, COMMONWEALTH
LAND TITLE INSURANCE COMPANY
Clement Glynn, Esq. (SBN 57117)
GLYNN & FINLEY, LLP
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, California 94596
Tel: (925) 210-2800
Fax: (925) 945-1975
ttorney for Plaintiff, SHIRLEY S.
HWANG
Melvin Lee Emerich
209 Portola Court
Los Altos, California 94022-1431
Tel: (650) 776-8374
dn Pro Se
Richard S. Busch, Esq.
LAW OFFICES OF RICHARD S. BUSCH
2660 Townsgate Road, Suite 400
Westlake Village, California 91361
Ph: (805) 222-4234
Fax: (805) 497-7680
Attorney for Defendant, Merchants Bondin;
Company
Kaushal Niroula
[Booking #200910575]
Indio Jail Facility
46057 Oasis Street Indio, CA 92201
Defendant
Grachelle Languban
[Inmate ID# 00673422]
San Francisco County Jail #2
425 7th Street
San Francisco, CA 94103
Defendant
| Michael Ching, Esq.
CANNATA, CHING, & O’TOOLE, LLP
100 Pine Street
Ste. 350
San Francisco, California 94111
Craig J. Bassett, Esq.
25 West First Street
Morgan Hill, California 95037
Phone: (408) 779-0007
Fax: (408) 778-6005
Phone: (415) 409-8900 cbassett@garlic.com
Fax: (415) 409-890
Defendants, Jay Chandrakant Skah and
Defendant, Winston Lum Elvia Palomino
[oma Afraimi
912 Edge Cliff Drive
Reno, Nevada 89523
In Pro Se
—_—__|
NCLIFSOZ\Dala\C & C\Defendants\750 - FedEx\111012-
Hwang\Plaading\CMC-POS02.doc
2
Case Management Statement
Preview
COMA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-02-2012 3:11 pm Case Number: CGC-10-503332 Filing Date: Mar-02-2012 3:11 Juke Box: 001 Image: 03518237 CASE MANAGEMENT STATEMENT INWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVit 001003518237 Instructions: Please place this sheet on top of the document to be scanned.) ' © CM-110 "ATTORNEY OR PARTY WATHOUT ATTORNEY (Narre Stale Bar number, end across} David A. Clinton, Esq. / Todd M. Austin, Esq. SBN: 150107 / 232355 CLINTON & CLINTON 100 Oceangate, 14th Floor Long Beach, CA 90802 ‘TELEPHONE NO: 562-216-5000 FAXNO, (Options): E-MAIL ADORESS (Optiona: ATTORNEY FOR (wena: Defendant, FEDEX OFFICE AND PRINT SERVICES, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO ‘STREET AcOREss: 400 McAllister Street wane apoREsS 400 McAllister Street cary annzP coe: San Francisco, 94102 BRANCH NAME: Civic Center Courthouse PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INS. CO. DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES, INC., et al. CASE MANAGEMENT STATEMENT (Cheok one): [X] UNLIMITED CASE CI umrrep case POR COURT USE ONLY CUC-10-503332 Lead Case (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 16, 2012 Time: 2:00 p.m. Dept: Div.: Room: Address of court (if different from the address above): Same [2X] Notice of intent to Appear by Telephone, by (name): Todd M. Austin, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided, 1. Party or parties (answer one): 2. [X) This statement is submitted by party (name): Defendant, FodEx Office and Print Sorvices, Inc. b. C1 This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. [J] The cross-complaint, if any, was filed on (date): 3. Service (fo be answered by plaintiffs and cross-complainants only) a. oo All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. £7) The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) [21 have been served but have not appeared and have not been dismissed (specify names): (3) 1) have had a defaut entered against them (specify names): ce [] 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 case in [XJ complaint [— cross-complaint (Describe, Including causes of action): Plaintiff, Commonwealth Land Title Ins, Co. (Case No. CGC-10-503332) asserts causes of action for Deceit, Conversation, Unjust Enrichment, Negligence, Negligence Per Se, and Misrepresentation; Plaintiff, Shirley Hwang (Case No. CGC-11- 512102) asserts causes of action for Negligence, Negligence Per Se, Conversion, ‘Trespass, and Slander of Title. Pogo 1 of 8 Fore Adopted fox Mercator Usa CASE MANAGEMENT STATEMENT Cal, Rules of Court, Ceh-110 [Rev. Jhaty 9, 2011) wwncuuttcnre, TVNISIEO Ahie oovd Ad~ ~ ~ — CM-110 ‘CASE NUMBER: PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INS. CO. CGC-10-503332 Lead Case DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES, INC., et al. tement of the case, including any damages. (/f personal injury damages are sought, specify the injury end ap cannes oie inchiding medical ‘oxpenses. to date Indicate source and emount}, estimated future medicel expenses, lost eamings to date, and estimated future fost earnings, if equitable relief is sought, describe the nature of the relief) Both Commonwealth Land Title Ins, Co. and Shirley Hwang seek monetary damages arising from an alleged real estate scheme whereby forged grant deeds purportedly transferring Ms. Hwang's ownership in three condominiums to Defendant, Winston Lum. The grant deeds were notarized and recorded. Thereafter, several of the individual defendants arranged for bark loans to be made to Mr. Lum in excess of $2.3M, using the condominiums as collatera. [2X] (it more space is needed, check this box and attach @ page designated as Altachment 4b.) 5. Jury of nonjury trial | The party or parties request. OX] jury trial [—] anonjury trial. (if more than one party, provide the name of each party requesting a jury trial): 6. Trialdate a. (J The trial has been set for (date): b. EX Notrial 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): Discovery has been stayed pending the resolution of the parallel criminal case. c. Dates on which parties or attorneys will not be available for trial {specify dates and explain reasons for unavailability): 7. Estimated tength of trial The party or parties estimate that the trial will take (check one): 2. 1X) days (specty number): 10 to 12 b. [) hours (short causes) (specify): 8. Trial representation (fo be enswered for each party) The party or parties will be represented at tial [KX] by the attomey or party listed in the caption [_] by the following: a. Attorney: b. Firm: c, Address: d. Telephone number: f. Fex number: e. E-mall address: g. Party represented: (1) Additional representation is described in Attachment 8, 9. Preference [=] This case is entitied 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 counset Counsel [—] has [1] 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 C5 hes (I 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 Cade of Civil Procedure section 1141.11 or to civil action muon eee ‘Ode of Civil Procedure section 1775.3 because the amount in controversy does nat exceed the init. (2) (] Plaintiff 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, (3) [] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under eds of Civil Procedure section 1775 et seq, (specify exemption): eT 0 Trev. ay, OTT) CASE MANAGEMENT STATEMENT PagezorsOo CM-110 PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INS. CO. PEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES, INC., et 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 ail that apply and provide the specified information): The party or parties completing | If the party or parties completing this form in the case have agreed to this form are willing to participate in or have afready completed an ADR process or processes, participate In the following ADR { indicate the status of the processes (attach a copy of the parties‘ ADR processes (check all that apply): | stipuletion): (2) Settlement conference oe (4) Nonbinding judicial arbitration Agreed to complete private arbitration by (date): (8) Binding private arbitration Private arbitration completed on (date): ADR session not yet scheduled (@omner( ADR session scheduled for (date): 71 Agreed to complete ADR session by (date): [1 ADR completed on (date): 140 | r CTO Pes Roy), CASE MANAGEMENT STATEMENT “er [) Mediation session not yet scheduled Cc Mediation session scheduled for (date): 1 Agreed to complete mediation by (date): [) Mediation completed on (date): Settlement conference not yet scheduled Setdement conference scheduled for (date): Agreed to complete settiement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Oo Co O oO Oo Cc oO oo C=) Jucicia! arbitration not yet scheduled [1 usiciat arbitration scheduled for (date): 1 Agreedto complete jucicial arbitration by (date): [1 Justicia! arpitration completed on (date): Oo co co 2 oj Co Private arbitration not yet scheduled Private arbitration scheduled for (date):oO ‘CASE NUMBER: PLAINTIFF/PETITIONER; COMMONWEALTH LAND TITLE INS. CO. CGC-10-503332 Lead Case DEFENDANTRESPONDENTFEDEX OFFICE AND PRINT SERVICES, INC., et al. 11. Insurance a. [X1] insurance carrer, if any, for party filing this statement (name): Chubb Ins. Co. b. Reservation of rights: CX] Yes [—_] No c [2] 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. (1) Bankruptcy [] other (spacify): Status: 13. Related cases, consolidation, and coordination a. [X} There are companion, underlying, or related cases. (1) Name of case: Hwang v. FedEx Office and Print Services (2) Name of court San Francisco County Superior Court (3) Case number. CGC-11-512102 (4) Status: Discovery stayed pending resolution of parallel criminal case (Additional cases are described in Attachment 13a. b. EX) Amotionto CX] consolidate [—) coordinate —_will be filed by (name party): Has been previously granted to consoldiate the cases for all purposes. 14. Bifurcation C2 the Party or parties intand 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 CO the Party or parties expect to file the following motions before triat (specify moving party, type of mation, and issues): Motion for Summary Judgment. 16. Discovery a {(_]The party or parties have completed all discovery. b. [7] The following discovery will be completed by the date ‘Specified (describe all anticipated discovery): Party Description Date «. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Alll discovery has been stayed pending the resolution of the parallel criminal cases, which are belicved to begin trial in March 2012. CAO fRav. ty 1, 2017) CASE MANAGEMENT STATEMENT Page dor¢) i) PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INS. CO. (CASE MUMGER: CGC-10-503332 Lead Case DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES, INC., et al. 17, Economic litigation a. [[) This is a limited civil case (.e., the amount demanded is $25,000 or tess) 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 itigation procedures relaling to discovery or trial should not apply to this case): 18. Other issues [1 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. [J The Party or parties have met and conferred with all parties on all Subjects required by rule 3.724 of the California Ruies 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 familias with this case and will be fully prepared to discuss the status of di a8 well as other issues raised by this statement, and will i the case management conference, including the written authority of the party Date: March 2, 2012 David A. Clinton, Esq. / Todd M. Austin, Esq. (TYPE OR PRINT NAME} (TYPE OR PRINT NAME) SO ee dy | 218) CASE MANAGEMENT STATEMENT Page SotsMC-025 SHORT TITLE: HWANG vs. FEDEX OFFICE (CASE NUMBER: CGC-10-503332 Lead Case ATTACHMENT (Number): 4b (This Attachment mey be used with sny Judicial Council form.) Plaintiffs allege that FedEx Office is liable for the conduct of the notary who notarized the grant deeds. FedEx Office contends that said individual was not acting within the course and scope of her employment at the time of the notarizations. Several of the individuais involved in the alleged real eslate scheme are pending trial in a related criminal case, which is believed to be set for March 2012. Discovery in the instant consolidated Civil Action has been stayed pending resolution of the criminal case. (if the tem that this Atlachment concems is made under pensity of perjury, all statements in this Attachment are mede under penaty of perjury.) atom srorm ton a $88 requir ‘Feem Approved tor I ise Eee ee ATTACHMENT we ab to Judicial Council Form meenom YF DH RB ww ye Rey Dp wv N ow — eee ea y~R FERBRBEREBSESERDRREEBDHR Ie QO) PROOF OF SERVICE BY IL (California Code of Civil Procedure § 1013A(3)) 1 am employed in the State of California, I am over the age of 18 years and not a party to the within action; my business address is 100 Oceangate, Fourteenth Floor, Long Beach, California 90802. On March 2, 2012, I served the foregoing document described as: DEFENDANT, FEDEX OFFICE AND PRINT SERVICES, INC.’S CASE MANAGEMENT STATEMENT on parties therein in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Long Beach, California, addressed as follows: SEE SERVICE LIST BELOW I sealed and placed such envelope for collection and mailing to be deposited in the mail on the same day in the ordinary course of business at Long Beach, California. The envelope was mailed with postage thereon fully prepaid. I am readily familiar with this firm's practice of collecting and processing correspondenc for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for the mailing in affidavit. (By Mail) I caused such envelope with postage thereon fully prepaid to be placed in the X__ United States mail at Long Beach, California. (By Fax) I caused such documents to be faxed at Long Beach, California from Fax number (562)216-5001. The facsimile machine I used compiled with Rule 2003(3) and no error was reported by the machine. Pursuant to Rule 2005(I), 1 caused the machine to print a record of the transmission, a copy of which is attached to this leclaration. (By Personal Service) I caused such envelope to be delivered by hand to the addressee(s). (State) I declare under the penalty of perjury under the laws of the State of California X__ that the foregoing is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction this service was made. Executed on March 2, 2012 at Long Beach, HwenpPlecaene & CiDefendants\750 - FedEx\111012- 1] ing\Pleading\CMC-POS02.doc Case Management Statement_ ou Oe I HH FF WwW LH Cc i) SERVICE LIST: Commonwealth Land Title Ins. Co. v. FedEx Office, et al., Case No. CGC-10-503332 AND Shirley S. Hwang v. FedEx Office, et al., Case No. CGC-11-512102: Edward A. Kunnes, Esq. (160632) Peter K. Wolff, Jr., Esq. (142426) FIDELITY NATIONAL LAW GROUP 100 North Wiget Land, Suite 150 Walnut Creek, California 94598 Tel: (925) 930-9550 Fax: (925) 930-9588 Attorney for Plaintiff, COMMONWEALTH LAND TITLE INSURANCE COMPANY Clement Glynn, Esq. (SBN 57117) GLYNN & FINLEY, LLP One Walnut Creek Center 100 Pringle Avenue, Suite 500 Walnut Creek, California 94596 Tel: (925) 210-2800 Fax: (925) 945-1975 ttorney for Plaintiff, SHIRLEY S. HWANG Melvin Lee Emerich 209 Portola Court Los Altos, California 94022-1431 Tel: (650) 776-8374 dn Pro Se Richard S. Busch, Esq. LAW OFFICES OF RICHARD S. BUSCH 2660 Townsgate Road, Suite 400 Westlake Village, California 91361 Ph: (805) 222-4234 Fax: (805) 497-7680 Attorney for Defendant, Merchants Bondin; Company Kaushal Niroula [Booking #200910575] Indio Jail Facility 46057 Oasis Street Indio, CA 92201 Defendant Grachelle Languban [Inmate ID# 00673422] San Francisco County Jail #2 425 7th Street San Francisco, CA 94103 Defendant | Michael Ching, Esq. CANNATA, CHING, & O’TOOLE, LLP 100 Pine Street Ste. 350 San Francisco, California 94111 Craig J. Bassett, Esq. 25 West First Street Morgan Hill, California 95037 Phone: (408) 779-0007 Fax: (408) 778-6005 Phone: (415) 409-8900 cbassett@garlic.com Fax: (415) 409-890 Defendants, Jay Chandrakant Skah and Defendant, Winston Lum Elvia Palomino [oma Afraimi 912 Edge Cliff Drive Reno, Nevada 89523 In Pro Se —_—__| NCLIFSOZ\Dala\C & C\Defendants\750 - FedEx\111012- Hwang\Plaading\CMC-POS02.doc 2 Case Management Statement