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OIC IN
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-25-2014 3:11 pm
Case Number: PES-10-293505
Filing Date: Apr-25-2014 3:09
Filed by: ELIZABETH FONG
Juke Box: 001 Image: 04461819
CASE MANAGEMENT STATEMENT
IN RE: STAN KWONG IRREVOCABLE TRUST II
001P04461819
Instructions:
Please place this sheet on top of the document to be scanned.Rélelvep Br FAK
CM-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)
Phil Foster (SBN 262120), Tour-Sarkissian Law Offices, LLP
211 Gough Street, 3rd Floor
San Francisco, CA 94012
TELEPHONE No. (415) 626-7744 FAX NO. (Optionay (415) 626-8189
E-MAIL ADDRESS (Optiona: phit@tslo.com
ATTORNEY FOR (Name): Defendant JEANNE KWONG as Successor Trustee
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aporess: 400 McAllister Street
MAILING ADDRESS: 400 McAllister Street
CITY AND ZIP CODE: San Francisco, CA 94102
BRANCH NAME. Civic Center Courthouse
PLAINTIFFIPETITIONER: JENNIFER KWOK IN RE? STAN KWonG
BY.
FOR COURT USE ONLY
San Francisco County Superior Court
APR 2 8 2014
THE COURT
Po
CLERK OF
DEFENDANT/RESPONDENT: JEANNE KWONG, et al IRRE (oc, 4BLE TRIT a
PES-10-293505
CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
(Check one): ¥_| UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 16, 2014 Time: 2:30 PM Dept: 504 Div.
Address of court (if different from the address above).
Notice of Intent to Appear by Telephone, by (name):
Room:
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name):
b. L¥] This statement is submitted jointly by parties (names): All parties. See attached.
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 05-12-2010
b. YJ The cross-complaint, if any, was filed on (date): 06-03-2010
3. Service (to be answered by plaintiffs and cross-complainants only)
a ¥] Ail parties 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) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) LJ have had a default 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. Type of case in [¥_] complaint ¥_] cross-complaint (Describe, including causes of action):
Jennifer Kwok seeks damages for fraud, breach of fiduciary duty, and negligence for alleged failure to fund an
insurance trust. Two defendants have cross-claimed for indemnity and de
claratory relief,
Page 1 of §
Form fortes for Mandatory Use CASE MANAGEMENT STATEMENT
(CM-110 (Rev. July 1, 2011]
Cal. Rules of Court,
rules 3.720-3.730
www courts.ca.govCM-110
PLAINTIFF/PETITIONER: JENNIFER KWOK PES 102 505
lc 10-293
DEFENDANT/RESPONDENT: JEANNE KWONG, et al.
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Jennifer Kwok claims Defendants Jeanne Kwong and Gary Wong failed to properly fund a $1 million life
insurance policy into a trust for the benefit of Jennifer Kwok. Defendants dispute liability.
(if more space is needed, check this box and attach a page designated as Attachment 4b. )
5. Jury or nonjury trial
The party or parties request ajury trial L¥_] a nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
Filed as probate matter. No right to jury trial.
6. Trial date
a. The trial has been set for (date):
b. Y | 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 reasons for unavailability):
See attached.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [¥ ] days (specify number): 3-4 days
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney: SEE ATTACHMENT
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 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: Counsel [7 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 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 to the amount specified in Code of
Civil Procedure section 1141.11.
(3) Lv] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption).
Subsection (b)(8): multiple claims and cross-claims
GUTOR nay FT CASE MANAGEMENT STATEMENT Page otsCM-110
| PLAINTIFF/PETITIONER: JENNIFER KWOK
PEFENDANT/RESPONDENT. JEANNE KWONG, et al.
[CASE NUMBER
PES-10-293505
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, i):
—
The party or parties completing
this form are willing to
participate in the following ADR
processes (check all that apply)
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties' ADR
stipulation):
(1) Mediation Co
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
(2) Settlement Oo
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 CI
—-
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 CI
arbitration
UUUU;/OO00;O000}o000
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date).
Judicial arbitration completed on (date):
(5) Binding private
arbitration
+
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify): Co
UU0}O000
Co
ADR session not yet scheduled
ADR session scheduled for (date).
Agreed to complete ADR session by (date):
ADR completed on (date)
J
(CM-110 [Rev July 1, 2011]
CASE MANAGEMENT STATEMENT
Page Sof 5PLAINTIFF/PETITIONER: JENNIFER KWOK CASE NUMBER’
PES-10-293505
DEFENDANT/RESPONDENT: JEANNE KWONG, et al.
11. Insurance
a. ¥_} Insurance carrier, if any, for party filing this statement (name): Defendant GARY WONG.
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):
Status:
13. Related cases, consolidation, and coordination
a There are companion, underlying, or related cases.
(1) Name of case: Kwong v. Kwok, et al.
(2) Name of court: San Francisco
(3) Case number: CGC-10-499028
(4) Status: Judgment entered on 01-23-2014. Now on appeal.
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate will be filed by (name party):
14. 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):
Defendants anticipate filing motions for summary judgment as to Plaintiff's case-in-chief. Plaintiff expects to file
a motion for summary judgment.
16. Discovery
a The party or parties have completed all discovery.
b. L¥_| The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
All parties. Written discovery July-Aug 2014
All parties. Expert discovery End of Oct 2014.
c The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
M10 Re. Jy 3, 2047 CASE MANAGEMENT STATEMENT Page aorCM-110
PLAINTIFF/PETITIONER: JENNIFER KWOK CASE NUMBER
Sy PES-10-293505
DEFENDANT/RESPONDENT: JEANNE KWONG, et al.
17. Economic litigation
a. This is a limited civil case (i.e., 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. 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):
Plaintiff and defendants (not including Feng Ouyang) anticipate filing respective motions for summary
judgment.
19. Meet and confer
a. L¥_] 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):
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 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:
SEE ATTACHED. »
(TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
¥_] Additional signatures are attached.
SATO Row Hay 1 2OTT CASE MANAGEMENT STATEMENT Page SotATTACHMENT [Joint CMC for Case No. PES-09-293505
1.b. This statement is submitted jointly by parties:
Jennifer Kwok
Jeanne Kwong
Gary Wong
Feng Ouyang as Trustee of the Stan Kwong Irrevocable Trust II
No party accepts the specific characterizations of any other party
contained in this CMC Statement or on this attachment
6.c. Dates on which parties or attorneys will not be available for trial:
06-02-2014 Mr. Bryan has a trial scheduled to start.
07-01-2014 Mr. Foster has 10-day bench trial in Sacramento.
08-11-2014 Mr. Bryan has a trial scheduled to start.
10-20-2014 Mr. Foster has 3-week jury trial in San Francisco.
Mr. Bryan is also seeking to advance a case for trial to summer 2014 due to the serious
cancer condition of the client, but will not know that date until June.
8. The parties will be represented at trial as follows:
Plaintiff JENNIFER KWOK Daniel T. Bernhard
Freeland Cooper & Foreman
150 Spear Street, Suite 1800
San Francisco, CA 94105
415-541-0200
415-495-4332 facsimile
bernhard@freelandlaw.com
Defendant JEANNE KWONG Phil Foster
Tour-Sarkissian Law Offices, LLP
211 Gough Street, 3rd Floor
San Francisco, CA 94102
(415) 626-7744
(415) 626-8189 facsimile
phil@tslo.com
I
ATTACHMENT [Joint CMC for Case No. PES-09-293505]Defendant GARY WONG Edward Zusman
David Wakukawa
Markun Zusman & Compton, LLP
465 California Street, Suite 500
San Francisco, CA 94104
(415) 438-4515
(415) 434-4505
dwakukawa@mzclaw.com
Cross-Defendant FENG OUYANG Richard Bryan
10.c.
13.a.
Bryan Hinshaw
425 California Street, Suite 810
San Francisco, CA 94104
Telephone (415) 296-2243
Fax (415) 296-0812
dbryan@bryanhinshaw.com
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.
This case was mediated twice before. Both times the mediator was Judge Catherine
Gallagher (Ret.) of JAMS. Mediation also involved numerous conference calls with the
mediator during 2010 and 2011.
Plaintiff Jennifer Kwok believes the parties are too far apart for another mediation.
Defendant Jeanne Kwong requests mediation and a settlement conference.
Defendant Gary Wong is agreeable to mediation.
Cross-Defendant Feng Ouyang does not object to mediation, but requests that she be
permitted to not attend [no party objects to Ms. Ouyang’s absence from mediation].
Related cases, consolidation, and coordination.
Kwok v. Kwong
Superior Court of San Francisco
Case No. PES-09-292733
Action filed on 02-19-2014. Motion to strike is pending [previous hearing date was
vacated when case assigned to Judge Busch].
In re Stan Kwong Trust
Superior Court of San Francisco
Case No. PES-10-293019
2 separate actions under this case number. Action #1: Parties dispute ownership of two
promissory notes. Action #2: Jennifer Kwok filed a Petition for Order Directing
2
ATTACHMENT [Joint CMC for Case No. PES-09-293505]Respondent Trustee to Distribute Separate Property Assets to Trustee of the Marital Trust
(the “Disclaimer Petition”). Action #2 pertains to her disclaimer,
Kwok v. Kwong
Superior Court of San Francisco
Case No, CGC-14-53724]
Action filed on 02-06-2014. Two demurrers and motion to strike pending. The parties
are waiting for the Court to set a new hearing date [previous hearing date was vacated
when case assigned to Judge Busch].
Tam completely familiar with this case and will be fully prepared to discuss the status of
discovery and alternatively 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.
April Zs 2014 FREELAND, COOPER & FORE
ERNHA
neys for Plaintiff
JENNIFER KWOK as Trustee of the Stanley
Kwong and Jennifer Kwok Revocable Trust
April 25° 2014 ‘TOUR-SARKISSIAN LAW OFFICES, LLP
Attorneys for Defendant/Cross-Complainant
JEANNE KWONG as Successor Trustee of the
Stan Kwong Trust
April, 2014 MARKUN ZUSMAN & COMPTON, LLP
By:
EDWARD ZUSMAN
DAVID WAKUKAWA
Attorneys for Defendant/Cross-Complainant
3
ATTACHMENT [Joint CMC for Case No. PES-09-293505}Respondent Trustee to Distribute Separate Property Assets to Trustee of the Marital Trust
(the “Disclaimer Petition”). Action #2 pertains to her disclaimer.
Kwok v. Kwong
Superior Court of San Francisco
Case No. CGC-14-537241]
Action filed on 02-06-2014. Two demurrers and motion to strike pending. The parties
are waiting for the Court to set a new hearing date [previous hearing date was vacated
when case assigned to Judge Busch].
Iam completely familiar with this case and will be fully prepared to discuss the status of
discovery and alternatively 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.
April, 2014
April » 2014
April , 2014
By:
By:
By:
FREELAND, COOPER & FOREMAN
DANIEL BERNHARD
Attorneys for Plaintiff
JENNIFER K WOK as Trustee of the Stanley
Kwong and Jennifer Kwok Revocable Trust
TOUR-SARKISSIAN LAW OFFICES, LLP
PHIL FOSTER
Attorneys for Defendant/Cross-Complainant
JEANNE KWONG as Successor Trustee of the
Stan Kwong Trust
MARKUN ZUSMAN & COMPTON, LLP
EDWARD ZUSMAN
DAVID WAKUKAWA
Attorneys for Defendant/Cross-Complainant
3
ATTACHMENT [Joint CMC for Case No. PES-09-293505]GARY WONG
April 2s 2014 BRYAN HINSHAW
By: _ fchak 1. Brogan
RICHARD BRYAN
Attorneys for Cross-Complainant/Cross-Defendant
FENG OUYANG as Trustee of the Stan Kwong
Irrevocable Life Insurance Trust II
4
ATTACHMENT [Joint CMC for Case No, PES-09-293505}Phil Foster (SBN 262120)
TOUR-SARKISSIAN LAW OFFICES, LLP
211 Gough Street, 3rd Floor
San Francisco, CA 94102
(415) 626-7744
(415) 626-8189 facsimile
phil@tslo.com
Attorneys for Respondent
JEANNE KWONG as
Successor Trustee of the Stan Kwong Trust
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE CITY AND COUNTY OF SAN FRANCISCO
JENNIFER SHUK-HAN KWOK,
Petitioner,
Vv.
JEANNE KWONG, individually and as a former
trustee of the Stan Kwong Irrevocable Trust II,
Respondent.
Case No. PES-10-293505
PROOF OF SERVICE
AND RELATED CROSS-ACTIONS.
1
PROOF OF SERVICEPROOF OF SERVICE
Tam employed in the City and County of San Francisco, State of California. J am over the age
of eighteen and not a party to the above-captioned action. My business address is 211 Gough Street,
Third Floor, San Francisco, California 94102. On the date below, I served the following document(s)
on all interested parties:
JOINT CASE MANAGEMENT CONFERENCE STATEMENT FOR 05-16-2014
[XXXX] (BY MAIL) I am readily familiar with my office’s practices for collection and
processing of correspondence for mailing with the United States Postal Service. It is
deposited with the U.S. Postal Service on the same day in the ordinary course of
business. On the date shown below, I placed a true copy enclosed in a sealed envelope
with postage thereon fully prepaid in the United States mail in San Francisco,
California, addressed as follows:
Daniel Bernhard
Freeland Cooper & Foreman, LLP
150 Spear Street, Suite 1800
San Francisco, CA 94105
Richard Bryan
Bryan Hinshaw, PC
425 California Street, Suite 900
San Francisco, CA 94104
David Wakukawa
Markun Zusman & Compton LLP
465 California Street, 5th Floor
San Francisco, CA 94104
[ ] (BY FACSIMILE) placing a true copy thereof into a facsimile machine addressed to the
person, address and facsimile number shown below:
I declare under penalty of perjury under the laws of the State of California, that the foregoing is
true and correct. Executed in San Francisco, California, on April 25, 2014
Oe
.
PHIL FOSTER
2
PROOF OF SERVICE
Preview
OIC IN SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-25-2014 3:11 pm Case Number: PES-10-293505 Filing Date: Apr-25-2014 3:09 Filed by: ELIZABETH FONG Juke Box: 001 Image: 04461819 CASE MANAGEMENT STATEMENT IN RE: STAN KWONG IRREVOCABLE TRUST II 001P04461819 Instructions: Please place this sheet on top of the document to be scanned.Rélelvep Br FAK CM-110 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) Phil Foster (SBN 262120), Tour-Sarkissian Law Offices, LLP 211 Gough Street, 3rd Floor San Francisco, CA 94012 TELEPHONE No. (415) 626-7744 FAX NO. (Optionay (415) 626-8189 E-MAIL ADDRESS (Optiona: phit@tslo.com ATTORNEY FOR (Name): Defendant JEANNE KWONG as Successor Trustee SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aporess: 400 McAllister Street MAILING ADDRESS: 400 McAllister Street CITY AND ZIP CODE: San Francisco, CA 94102 BRANCH NAME. Civic Center Courthouse PLAINTIFFIPETITIONER: JENNIFER KWOK IN RE? STAN KWonG BY. FOR COURT USE ONLY San Francisco County Superior Court APR 2 8 2014 THE COURT Po CLERK OF DEFENDANT/RESPONDENT: JEANNE KWONG, et al IRRE (oc, 4BLE TRIT a PES-10-293505 CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): ¥_| UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 16, 2014 Time: 2:30 PM Dept: 504 Div. Address of court (if different from the address above). Notice of Intent to Appear by Telephone, by (name): Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): b. L¥] This statement is submitted jointly by parties (names): All parties. See attached. 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 05-12-2010 b. YJ The cross-complaint, if any, was filed on (date): 06-03-2010 3. Service (to be answered by plaintiffs and cross-complainants only) a ¥] Ail parties 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) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) LJ have had a default 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. Type of case in [¥_] complaint ¥_] cross-complaint (Describe, including causes of action): Jennifer Kwok seeks damages for fraud, breach of fiduciary duty, and negligence for alleged failure to fund an insurance trust. Two defendants have cross-claimed for indemnity and de claratory relief, Page 1 of § Form fortes for Mandatory Use CASE MANAGEMENT STATEMENT (CM-110 (Rev. July 1, 2011] Cal. Rules of Court, rules 3.720-3.730 www courts.ca.govCM-110 PLAINTIFF/PETITIONER: JENNIFER KWOK PES 102 505 lc 10-293 DEFENDANT/RESPONDENT: JEANNE KWONG, et al. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Jennifer Kwok claims Defendants Jeanne Kwong and Gary Wong failed to properly fund a $1 million life insurance policy into a trust for the benefit of Jennifer Kwok. Defendants dispute liability. (if more space is needed, check this box and attach a page designated as Attachment 4b. ) 5. Jury or nonjury trial The party or parties request ajury trial L¥_] a nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Filed as probate matter. No right to jury trial. 6. Trial date a. The trial has been set for (date): b. Y | 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 reasons for unavailability): See attached. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [¥ ] days (specify number): 3-4 days b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: SEE ATTACHMENT 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 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: Counsel [7 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 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 to the amount specified in Code of Civil Procedure section 1141.11. (3) Lv] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption). Subsection (b)(8): multiple claims and cross-claims GUTOR nay FT CASE MANAGEMENT STATEMENT Page otsCM-110 | PLAINTIFF/PETITIONER: JENNIFER KWOK PEFENDANT/RESPONDENT. JEANNE KWONG, et al. [CASE NUMBER PES-10-293505 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, i): — The party or parties completing this form are willing to participate in the following ADR processes (check all that apply) If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): (1) Mediation Co Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement Oo 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 CI —- 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 CI arbitration UUUU;/OO00;O000}o000 Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date). Judicial arbitration completed on (date): (5) Binding private arbitration + Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): Co UU0}O000 Co ADR session not yet scheduled ADR session scheduled for (date). Agreed to complete ADR session by (date): ADR completed on (date) J (CM-110 [Rev July 1, 2011] CASE MANAGEMENT STATEMENT Page Sof 5PLAINTIFF/PETITIONER: JENNIFER KWOK CASE NUMBER’ PES-10-293505 DEFENDANT/RESPONDENT: JEANNE KWONG, et al. 11. Insurance a. ¥_} Insurance carrier, if any, for party filing this statement (name): Defendant GARY WONG. 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): Status: 13. Related cases, consolidation, and coordination a There are companion, underlying, or related cases. (1) Name of case: Kwong v. Kwok, et al. (2) Name of court: San Francisco (3) Case number: CGC-10-499028 (4) Status: Judgment entered on 01-23-2014. Now on appeal. Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate will be filed by (name party): 14. 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): Defendants anticipate filing motions for summary judgment as to Plaintiff's case-in-chief. Plaintiff expects to file a motion for summary judgment. 16. Discovery a The party or parties have completed all discovery. b. L¥_| The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date All parties. Written discovery July-Aug 2014 All parties. Expert discovery End of Oct 2014. c The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): M10 Re. Jy 3, 2047 CASE MANAGEMENT STATEMENT Page aorCM-110 PLAINTIFF/PETITIONER: JENNIFER KWOK CASE NUMBER Sy PES-10-293505 DEFENDANT/RESPONDENT: JEANNE KWONG, et al. 17. Economic litigation a. This is a limited civil case (i.e., 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. 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): Plaintiff and defendants (not including Feng Ouyang) anticipate filing respective motions for summary judgment. 19. Meet and confer a. L¥_] 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): 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 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: SEE ATTACHED. » (TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ¥_] Additional signatures are attached. SATO Row Hay 1 2OTT CASE MANAGEMENT STATEMENT Page SotATTACHMENT [Joint CMC for Case No. PES-09-293505 1.b. This statement is submitted jointly by parties: Jennifer Kwok Jeanne Kwong Gary Wong Feng Ouyang as Trustee of the Stan Kwong Irrevocable Trust II No party accepts the specific characterizations of any other party contained in this CMC Statement or on this attachment 6.c. Dates on which parties or attorneys will not be available for trial: 06-02-2014 Mr. Bryan has a trial scheduled to start. 07-01-2014 Mr. Foster has 10-day bench trial in Sacramento. 08-11-2014 Mr. Bryan has a trial scheduled to start. 10-20-2014 Mr. Foster has 3-week jury trial in San Francisco. Mr. Bryan is also seeking to advance a case for trial to summer 2014 due to the serious cancer condition of the client, but will not know that date until June. 8. The parties will be represented at trial as follows: Plaintiff JENNIFER KWOK Daniel T. Bernhard Freeland Cooper & Foreman 150 Spear Street, Suite 1800 San Francisco, CA 94105 415-541-0200 415-495-4332 facsimile bernhard@freelandlaw.com Defendant JEANNE KWONG Phil Foster Tour-Sarkissian Law Offices, LLP 211 Gough Street, 3rd Floor San Francisco, CA 94102 (415) 626-7744 (415) 626-8189 facsimile phil@tslo.com I ATTACHMENT [Joint CMC for Case No. PES-09-293505]Defendant GARY WONG Edward Zusman David Wakukawa Markun Zusman & Compton, LLP 465 California Street, Suite 500 San Francisco, CA 94104 (415) 438-4515 (415) 434-4505 dwakukawa@mzclaw.com Cross-Defendant FENG OUYANG Richard Bryan 10.c. 13.a. Bryan Hinshaw 425 California Street, Suite 810 San Francisco, CA 94104 Telephone (415) 296-2243 Fax (415) 296-0812 dbryan@bryanhinshaw.com 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. This case was mediated twice before. Both times the mediator was Judge Catherine Gallagher (Ret.) of JAMS. Mediation also involved numerous conference calls with the mediator during 2010 and 2011. Plaintiff Jennifer Kwok believes the parties are too far apart for another mediation. Defendant Jeanne Kwong requests mediation and a settlement conference. Defendant Gary Wong is agreeable to mediation. Cross-Defendant Feng Ouyang does not object to mediation, but requests that she be permitted to not attend [no party objects to Ms. Ouyang’s absence from mediation]. Related cases, consolidation, and coordination. Kwok v. Kwong Superior Court of San Francisco Case No. PES-09-292733 Action filed on 02-19-2014. Motion to strike is pending [previous hearing date was vacated when case assigned to Judge Busch]. In re Stan Kwong Trust Superior Court of San Francisco Case No. PES-10-293019 2 separate actions under this case number. Action #1: Parties dispute ownership of two promissory notes. Action #2: Jennifer Kwok filed a Petition for Order Directing 2 ATTACHMENT [Joint CMC for Case No. PES-09-293505]Respondent Trustee to Distribute Separate Property Assets to Trustee of the Marital Trust (the “Disclaimer Petition”). Action #2 pertains to her disclaimer, Kwok v. Kwong Superior Court of San Francisco Case No, CGC-14-53724] Action filed on 02-06-2014. Two demurrers and motion to strike pending. The parties are waiting for the Court to set a new hearing date [previous hearing date was vacated when case assigned to Judge Busch]. Tam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternatively 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. April Zs 2014 FREELAND, COOPER & FORE ERNHA neys for Plaintiff JENNIFER KWOK as Trustee of the Stanley Kwong and Jennifer Kwok Revocable Trust April 25° 2014 ‘TOUR-SARKISSIAN LAW OFFICES, LLP Attorneys for Defendant/Cross-Complainant JEANNE KWONG as Successor Trustee of the Stan Kwong Trust April, 2014 MARKUN ZUSMAN & COMPTON, LLP By: EDWARD ZUSMAN DAVID WAKUKAWA Attorneys for Defendant/Cross-Complainant 3 ATTACHMENT [Joint CMC for Case No. PES-09-293505}Respondent Trustee to Distribute Separate Property Assets to Trustee of the Marital Trust (the “Disclaimer Petition”). Action #2 pertains to her disclaimer. Kwok v. Kwong Superior Court of San Francisco Case No. CGC-14-537241] Action filed on 02-06-2014. Two demurrers and motion to strike pending. The parties are waiting for the Court to set a new hearing date [previous hearing date was vacated when case assigned to Judge Busch]. Iam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternatively 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. April, 2014 April » 2014 April , 2014 By: By: By: FREELAND, COOPER & FOREMAN DANIEL BERNHARD Attorneys for Plaintiff JENNIFER K WOK as Trustee of the Stanley Kwong and Jennifer Kwok Revocable Trust TOUR-SARKISSIAN LAW OFFICES, LLP PHIL FOSTER Attorneys for Defendant/Cross-Complainant JEANNE KWONG as Successor Trustee of the Stan Kwong Trust MARKUN ZUSMAN & COMPTON, LLP EDWARD ZUSMAN DAVID WAKUKAWA Attorneys for Defendant/Cross-Complainant 3 ATTACHMENT [Joint CMC for Case No. PES-09-293505]GARY WONG April 2s 2014 BRYAN HINSHAW By: _ fchak 1. Brogan RICHARD BRYAN Attorneys for Cross-Complainant/Cross-Defendant FENG OUYANG as Trustee of the Stan Kwong Irrevocable Life Insurance Trust II 4 ATTACHMENT [Joint CMC for Case No, PES-09-293505}Phil Foster (SBN 262120) TOUR-SARKISSIAN LAW OFFICES, LLP 211 Gough Street, 3rd Floor San Francisco, CA 94102 (415) 626-7744 (415) 626-8189 facsimile phil@tslo.com Attorneys for Respondent JEANNE KWONG as Successor Trustee of the Stan Kwong Trust SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE CITY AND COUNTY OF SAN FRANCISCO JENNIFER SHUK-HAN KWOK, Petitioner, Vv. JEANNE KWONG, individually and as a former trustee of the Stan Kwong Irrevocable Trust II, Respondent. Case No. PES-10-293505 PROOF OF SERVICE AND RELATED CROSS-ACTIONS. 1 PROOF OF SERVICEPROOF OF SERVICE Tam employed in the City and County of San Francisco, State of California. J am over the age of eighteen and not a party to the above-captioned action. My business address is 211 Gough Street, Third Floor, San Francisco, California 94102. On the date below, I served the following document(s) on all interested parties: JOINT CASE MANAGEMENT CONFERENCE STATEMENT FOR 05-16-2014 [XXXX] (BY MAIL) I am readily familiar with my office’s practices for collection and processing of correspondence for mailing with the United States Postal Service. It is deposited with the U.S. Postal Service on the same day in the ordinary course of business. On the date shown below, I placed a true copy enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail in San Francisco, California, addressed as follows: Daniel Bernhard Freeland Cooper & Foreman, LLP 150 Spear Street, Suite 1800 San Francisco, CA 94105 Richard Bryan Bryan Hinshaw, PC 425 California Street, Suite 900 San Francisco, CA 94104 David Wakukawa Markun Zusman & Compton LLP 465 California Street, 5th Floor San Francisco, CA 94104 [ ] (BY FACSIMILE) placing a true copy thereof into a facsimile machine addressed to the person, address and facsimile number shown below: I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed in San Francisco, California, on April 25, 2014 Oe . PHIL FOSTER 2 PROOF OF SERVICE