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

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                                LAAN

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Mar-01-2012 3:12 pm

Case Number: CGC-10-503332
Filing Date: Mar-01-2012 3:11
Juke Box: 001 Image: 03516438
CASE MANAGEMENT STATEMENT

INWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVI

001003516438

Instructions:
Please place this sheet on top of the document to be scanned.RTTORNEY OR PARTY WITHOUT ATTORNEY (Wame, State Barnumter, and acess): FOR COURT USE ONLY

Michael M. Ching (SBN #209426), Jennifer C. Lee (SBN #273545)
ICannata, Ching & O'Toole LLP
100 Pine Street, Suite 350, San Francisco CA 94111
reLepHone no. 416-409-8900 FAX NO (Optonay: 415-409-8904
E-MAIL ADDRESS (Options: Mching@ccolaw.com ; jlee@ccolaw.com
ATFORNEY FOR ;Name}. Defendant Winston Lum.
SUPERIOR COURT OF CALIFORNIA, COUNTY oF San Francisco
street anpress: 400 McAllister Street
MAILING ADDRESS:

Civ ANG Ze COLE. San Francisco, CA 94102
BRANCH NAME

CM-110

PLAINTIFF/PETITIONER: Cammonwealth Title Insurance Company
DEFENDANT/RESPONDENT: Fedex Office and Print Services, Inc., et al.

CASE MANAGEMENT STATEMENT CASE HUMBER:

(Check one): L/] UNLIMITED CASE [J umitep case CGC-10-503332 (cons. 11-512102)
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or fess)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 16, 2012 Time: 2:00 p.m. Dept. 610 Div.: Ream:
Address of court (if diffarent from the address above).

Notice of Intent to Appear by Telephone, by (name): Jennifer C. Lee

INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

4. Party or parties (answer one):
a. [2 This statement is submitted by party (name): Winston Lum BY F AX
b. [1 This statement is submitted jointly by parties (names):

2. Complaint and cross-compiaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):

b. The cross-complaint, if any, was filed on (date):
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 The following parties named in the complaint or cross-complaint
(1) (27 have not been served (specify names and explain why nat):

(2) [1 have been served but have not appeared and have not been dismissed (specify names)

3) have had a defauil entered against them (specify names):

c. 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. Typeofcasein [¥_J complaint cross-complaint (Describe, including causes of action):

Plaintiff's complaint alleges fraud against al! the Defendants and alleges Deceit and Conversion against
Defendant Lum.

Page 1015

Feim Aaepted for Maraatary Use CASE MANAGEMENT STATEMENT Cat Rases os
Chaciie Rev Jay? 2011} wrath cous €2 927CM-110

CASE NUMBER:

PLAINTIFF/PETITIONER: Commonwealth Title Insurance Company
CGC-10-503332 (cans. 11-512102)

DEFENDANT/RESPONDENT: Fedex Office and Print Services, Inc., et al.

4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date findicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. /f equitable relief is sought, describe the nature of the relief.)

Several of the individual named Defendants, including Winston Lum, are alleged to have participated in a reat
estate scheme that resulied in the wrongfut transfer of title of certain properties from the legal owner.

{lf more space is needed, check this box and attach a page designaled as Attachment 4b.)

5, Jury or nonjury trial
The party or parties request ¥_} ajury trai anonjury trial. (ff more than one party, provide the name of each party
requesting a jury trial):

6. Trial date
a. The trial has been set for (date):
», CZ 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 reasans for unavailability):
Counsel is unavailable: May 7-11, 2012 (arbitration), Aug. 8, 2012 (arbitration), Oct. 9, 2012 {tria!), Nov. 5, 2012

(trial}, April 29, 2013 (trial).
7. Estimated length of trial

The party or parties estimate that the trial will take (check one).
a. CZ] days (specity number): 10 days
b. hours (short causes) (specify):

8. Trial representation (to be answered for each party)
The party or parties wil! be represented at trial Z] by the attorney or party listed in the caption by the following:

a. Attomey:

b. Firm:

c. Address:

d, Telephone number: — Fax number:

e. E-mail address: g. Party represented:

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. 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 tne
court and community programs in this case.

(1) For parties represented by counsel: Counsel LY] has 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 has ] has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if avaitable)

(1) This matter is Subjedt 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 anc agrees to limit recovery to the amount specified in Code of

Civil Procedure section 1141.11.

(3) This case is exempt from judicial arbitration uncer rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):

TCR day 72017 CASE MANAGEMENT STATEMENT Page 2otPLAINTIFF/PETITIONER: Commonwealth Title Insurance Company PASE NUMBER pine
be -10-503332 14-5
DEFENDANT/RESPONDENT: Fedex Office and Print Services, Inc., et al. CGC-10-503332 (cons )

CM-110

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 | if the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already 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 aif that apply): | stipulation):

Mediation session not yet scheduled

(1) Medi jw Mediation session scheduled for (date):
iation
Agreed to complete mediation by (date):

Mediation completed on (date).

Settlement conference net yet scheduled

(2) Settlement cl Settlement conference scheduled for (date):

conference

Agreed to complete settlement conference by (date):

Settlement conference completed on (date):

Neutral evaluation not yet scheduled

(3) Neutral eval co Neutral evaluation scheduled for (date):
eutral evaluation
‘Agreed to compiete neutral evaluation by (date):

Neutral evaiualion completed on (date):

Judicial arbitration nt yet scheduled

(4) Nonbinding judicial oOo Judicial arbitration scheduted for (date).
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
| ______——

Private arbitration not yet scheduled

(5) Binding private Private arbitration scheduled for (date).

arbitration Agreed to complete private arbitration by (date):

Private arbitration completed on (date):

ADR session not yet scheduled

ADR session scheduled for (date):

(6) Other (specify):

L_

EM-170 (Fev. July 7, 207] Page 3016

CASE MANAGEMENT STATEMENT

Agreed to complete ADR session by (date):

Oooo; Godd!codo;o000;0000| uuu

ADR completed on (date):PLAINTIFF/PETITIONER: Commonwealth Title Insurance Company

DEFENDANTIRESPONDENT: Fedex Office and Print Services, Inc., et al.

‘CASE NUMBER.

CGC-10-503332 (cons. 11-512102)

11. Insurance

a. (3 Insurance carrier, if any, for party filing this statement (name):

No

b. Reservation of rights: { Yes

c Coverage issues will significantly affect resolution of this case (explainj:

12. Jurisdiction

lndicate any matters 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 7_] There are companion, underlying, or related cases.

b. A motion to consolidate

14. Bifurcation

15. Other motions:

[51 coordinate

Defendant Lum may file a motion for summary judgment

16. Discovery

a ‘The party or parties have completed all discovery.

Party
Defendant Lum

c. (] The following discovery issues, including issues regarding the discovery of electronically stored information, are

anticipated (specify):

Description

(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 all purposes with CGC-10-503332
[1 Aaditional cases are described in Adachment 13a.

will be filed by (name party):

Z] The party or parties expect to file the follawing motions before trial (specify moving party, type of mation, and issues):

b, (J The follawing discovery will be completed by the date specified (describe all anticipated discovery).

Reserved pending stay

The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues ar causes of
action (specify moving party, type af motion, and reasons):

Per Defendant Fedex's motion, on March 17, 2011 the Court granted a stay of all discovery proceedings
pending the outcome cf the parallel criminal case for CGC-10-503332, On December 20, 2011, the Court

issued an order granting Defendant Lum’s mation to stay all discovery pending the outcome of the parallel
criminal case for CGC-11-512102.

C¥-110 Rev. July 1, 2011}

CASE MANAGEMENT STATEMENT

Page dereCM-110

PLAINTIFF/PETITIONER: Commonwealth Title Insurance Company CASE NUMBER
[~ CGC-10-603332 (cons. 11-512102)
DEFENDANTIRESPONDENT: Fedex Office and Print Services, Inc., et al.

17. Economic litigation

a. ((_] This is a limited civil case (i.e., he 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. This is a limited civit case and a motion to withdraw the case from the economic litigation procedures or for additionai
discovery will be fited (if checked, explain specifically why economic litigation procedures relating to discovery or irial
should aat apply to this case):

18. Otherissues
(1 The party or parties request that the following additional matters be considered or determined al the case management
conference (specify):

19. Meet and confer
a. [7] 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):
The matter is currently stayed.

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 resolutian,
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: 2/1/12

Jennifer C. Lee b dh ph llhor

(TYPE OF PRINT NAME} (GIGNATURE OF nan on ATTORNEY}

(TYPE OR PRINT MAME] [SIGNATURE OF PARTY CR ATTORNEY)
Additional signatures are attached,

GH-110 [Rev July 9, 2011), CASE MANAGEMENT STATEMENT Page 6 ats