Preview
CM-110
ATTORNEY OR PARTY IMTFIOUT ATTORNEY (N me, Sl le Sm number,
nd eddr ook
FOR COURT'SE ONLY
DENNIS F. MORIARTY, ESQ./ANDREW S. WERNER, ESQ. SBN: 37612/135795
CESARI WERNER AND MORIARTY
75 Southgate Avenue
Daly City, CA 94015/6487-3-2-6
TELEPHONE NOJ 650-991-5126 FAX NO. (Optional/.650-991-5 134
E MAiL AoDREss dmoriarty(ucwmlaw.corn/awerner@cwmlaw.corn
Defendants CYPRESS POINT RE INVESTORS. LLC, et al.
ATTCR ~ EY FQR (Nameir
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
sTREET ADDREss. 701 Ocean Street
MAILING ADDREsa
7P I Ocean Street
clTY AND ZIP ODDE:
Santa Cruz (A 95P(IP
BRANcH NAME;
UNLIMITED CIVIL JURISDICTION
PLAINTIFF/PETITIONER: AMBER LYNN FOSHAY, et al.
DEFENDANT/RESPONDENT: CYPRESS POINT RE INVESTORS LLC, et al.
CASE MANAGEMENT STATEMENT
(Check one): DQ UNLIMITED CASE
(Amount demanded
~ LIMITED CASE
(Amount demanded is $ 25,000
CASE NLIMBER.
20CV02600
exceeds $ 25,000) orless)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 24, 2023 Time: 8 30 a.m. Dept.: TBD Divz Room:
Address of court (lf diFerent from the address above):
QQ Notice of Intent to Appear by Telephone, by (name)(Andrew S. Werner, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1.
a.
b
~
Party or parties (answer one):
~ Thia Statement iS Submitted by party (name): Defendantb CYPRESS POINT RE INVESTORS, LLC, ALLIANCE CQMMUNITIFS,
This statement is submitted jointly by parties(names)( INC, end ORE YSTAR WORLDWIDE, LLC
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp(a/nants only)
The complaint was filed on (da(e):
~
a.
b. The cross-complaint, if any, was filed on(de(e):
3.
a.
b.
~
Service ((o be answered by p/a/n(/ffs end cross-comp(a/nen(s only)
~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
(1) ~ have not been served (spec/I'y names and explain why noi):
(2) ~ have been served but have not appeared and have not been dismissed (specify names):
(3) ~ have had a default entered against them (spec/fy names).
c. ~ The following additional parties may be added (specffy names, nature ofinvo/vement 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 ac(/on): Landlord-tenant
dispute arising out of six-week tenancy of plaintiff AMBER FOSHAY at a residential property in Santa Cruz, California
Pedal of 5
Form Adopted for Mandatory Uoe CaL Ruioo ol Coun,
Judtotui Counml of Califorma
CASE MANAGEMENT STATEMENT tutee 3.220-3.230
CM-110 IR. S ptember1
20211 www.oourtaoe doo
Worlue Bor 5 Form 5u Id or
CM-110
PLAINTIFF/PETITIONER: AMBER LYNN FOSHAY, ct aL CASE NUMBER
DEFENDANT/RESPONDENT: ( 20CV02600
YPRPSS POINT RE INVESTORS LLC
b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages c/aimed, including medical expenses to date (indicate source and amounij, estimated fuiure medical expenses, lost
earnings io date, and esiimaied future lost earnings. if equitab/e relief is sought,
descntfe the nature of the relief)
Plaintiff AMBER FOSHAY resided at a leased residential unit in Santa Cruz, California for six weeks in May-June 2020.
Plaintiff FOSHAY's allegations against defendants CYPRESS POINT RE INVESTORS, et aL, is that they allegedly ignored
reports about the harassment FOSHAY was being subjected to by her roommates, ignored her complaints about
~ (if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request
requesting a jury trial):
~ a jury trial ~ a nonjury trial. (I(more ihan one party, provide ihe name ofeach party
Trial date
a.
b.
~
~ The trial has been set for(dale):
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
noi, explain):
c. Dates on which parties or attorneys will not be available for trial (speciiy dates and explain reasons for unavailability):
See attachment.
Estimated length of trial
a.
b.
~
The party or parties estimate that the trial
~ days (specify number): 5-7
hours (short causes) (specify):
take (check one):
will
Trial representation (io be answered for each patty)
The party or parties will be represented at trial
a. Attorney:
QQ by the attorney or party listedin the caption ~ bythe following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number;
~
e. E-mail address:
Additional representation is described in Attachment 8.
Preference
g. Party represented
~ This case is entitled to preference (speciyy 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 of the California Rules of Court for information about the
processes available through the court and community programs in this case.
(1) For parties represented by counsel: Counsel ~ has ~ has not provided the ADR information package identified
(2) For self-represented parties: Party~ ~
in rule 3.221 to the client and reviewed ADR options with the client.
has has not reviewed the ADR information package identifiedin rule 3.221.
b.
(1)~
Referral to judicial arbitration or civil action mediation (if available).
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
(2)~ statutory limit.
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount speafied in Code of
(3)~ Procedure section 1141.11.
Civil
This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from
mediation under Code of Cwil Procedure section 1775 et seq. (specify exempiion):
action
civil
CM-110 [R r. Sepfemeer 1, 2021] Page 2 of 0
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER:AMBER LYNN FQSHAY, et al. CASE ~ UMttER
DEFENDANT/RESPONDENT:CYPRESS pQ)NT RB )NVESTQRS LLC 20CV02600
et al
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 ai/ ihai app/y 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 (a/tach a copy of the parties'DR
processes (check a// that app/y): sii puialion):
~
~
Mediation session not yet scheduled
Mediation session scheduled for
(1) Mediation
~
~
(date):
Agreed to complete mediation by (da/e):
Mediation completed on (da/e): November t t, 2022
~
~ Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
conference ~
~
Agreed ta complete settlement conference by (dale):
Settlement conference completed on(date):
~
~
Neutral evaluation nat yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
~
~
Agreed to complete neutral evaluation by
Neutral evaluation completed on (dale):
(date):
~
~ Judicial arbitration not yet scheduled
Judicial arbitration scheduled far
(4) Nonbinding judiaal
arbitration
~
~
(da/e):
Agreed to complete judicial arbitration by
Judicial arbitration completed on (date):
(date):
~
~
Private arbitration not yet scheduled
Private arbitration scheduled for(date):
(5) Binding private
arbitration
~
~
Agreed to complete pdtvate arbitration by
Private arbitration completed on (dale);
(da/e)/
~
~ ADR session not yet scheduled
ADR session scheduled for
(6) Other (specify);
~
~
(dale):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Ree september 1, 2021] Page a of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: AMBER LYNN FOSHAY, et al. CASE ~ UMBER:
DEFENDANT/RESPONDENT: CYPRESS POINT RF INVESTORS LLC, et al. 20CV02600
11, Insurance
a
b.
~ Insurance carrier,
Reservation of rights: ~ any, for party filing this statement (name)
if
Yes ~ No
Travelers Insurance
c. ~ Coverage issues will significantly affect resolution of this case
(expiain):
12. Jurisdiction
Bankruptcy
Status:
~
indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
~ Other (speci/y):
13.
a. ~
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
Status:
~ (4)
Additional cases are described in Attachment 13a.
b. ~ A motion to ~ consolidate ~ coordinate willbe 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
~x (specify moving party, type of motion, and issues):
The party or parties expect to file the following motions before trial
Motion for summary judgment shall be filed within the next 30 days. Pre-trial motions in limine and other pre-trial
written submittals as related to be assigned trial date.
16. Discovery
a.
b.
~
QQ
The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe e// anticipated discovery):
Para Descdiotion Date
Defendants CYPRESS POINT, et el.Supplemental written discovery requests directed to plaintiffs Per code
Dcfcedeete cYPREss PQINT, et el.Expert disclosure and discovery Per code requirements
c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify);
CM-110 [Rev. September 1, 2021/ Peee 1 pi 0
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: AMBER LYNN FOSHAY, et al. CASE
NUMBER'0CV02600
DEFENDANT/RESPONDENT: CYPRESS POINT RE INVESTORS LLC, et al.
Economic litigation
~
17.
a. This is a limited civil case (i e., the amountdemandedis $ 25000 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 liiigsiion procedures relating io discovery or trial
should nai apply io 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)i
19. Meet and confer
a. ~ The party or parties have met and conferred with
of Court (ifnot, explain):
allparties on all sublects required by rule 3.724 of the California Rules
b. ~ After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the fallowing
(specify):
20. Total number af pages attached (if any): 2
Iam 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 the time of
the case management conference, including the written authority of the party
Date: January 3, 2023
ANDREW S. WERNER. ESO.
(TYPE OR PRINT NAME) (sIGNATU Ebp PA Y TTGREEMI
~
n'YPE OR PRINT NAME) (SIGNATUREOF PATTPf OR ATTORNEY(
Additional signatures are attached,
CM.110 v. September 1. 2021 I Page 5 or 5
(Re
CASE MANAGEMENT STATEMENT
MC-025
SHORT TITLE: FOSHAY vs. CYPRESS POINT RE INVESTORS LLC, et aL CASE NUMBER
20CV02600
ATTACHMENT (Number): rtfv
(This Attachment may be used with any Judicial Council form.)
homeless people being allowed to occupy the premises, and refusing to let her out of her lease and refusing to rctum her security
deposit. Plaintiff LINDA FOSHAY, AMBER's mother, has no viable claims against the defendants. Defendants deny
plaintiffs'llegations.
Defendants deny plaintiff AMBER FOSHAY's allegations in their entirety.
(lf the item that this Attachment concerns is made under penalty of perjury, all statements in this
Attachment are made under penally of pejrury.)
Form Approved for Opaonef Uee
Page~ of ~
(Add pages as required)
wwwuxwlfudoml pov
Judlaal Counol of Caldomia ATTACHMENT D aF aud
MC-025 [Rev. July 1, 2000l to Judicial Council Form
MC-025
CASE
SHORT TITLE: FOSHAY vs. CYPRESS POINT RE INVESTORS LLC, et al. NUMBER'0CV02600
ATTACHMENT (Number)f 6(c)
(This Attachment may be used with any Judicial Council form.)
Trial Conflicts:
3/13/23 (San Francisco); 4/17/23 (Butte); 4/24/23 (Marin); 5/4/23 (Marin); 5/8/23 (Alameda); 6/5/23 (San Francisco); 6/12/23
(San Francisco); 6/19/23 (San Francisco); 6/26/23 (San Francisco); 7/10/23 (San Francisco); 7/21/23 (Alameda); 7/31/23 (Santa
Clara); 8/7/23 (San Francisco); 9/25/23 (San Francisco); 10/2/23 (Alameda); 10/30/23 (Alameda); 11/13/23 (Alameda); I/19/24
(Alameda); 3/4/24 (Alameda); 3/15/24 (Solano); 4/5/24 (Alameda); 5/14/24 (Sacramento); 5/20/24 (Alameda).
(if theitem that this Attachment concernsis made under penalty of perjury, all statements in this Page 7 of 7
Attachment are made under penally of pejrury)
(Add pages as required)
Form Approved for Opt'wnal Van www.courtrnto ce pov
Judrnal Coundl of Caleornia ATTACHMENT w rr n«e,p erid
MC-025 [Rev. July f, 2uuu] to Judicial Council Form
PROOF OF SERVICE
I I am a resident of the State of California, over the age of 18 years, and not a parly to the
within action. My business address is CESARI, WERNER AND MORIARTY, 75 Southgate
2 Avenue, Daly City, California, 94015. On January 3, 2023, I served the within document:
CASE MANAGEMENT STATEMENT
3
by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.
by transmitting via E-Mail the document(s) listed above to the E-Mail(s) set forth
below on this date before 5:00 p.m.
7
by placing the document(s) listed above in a sealed envelope with postage prepaid,
in the United States mail Daly City, California addressed as follows.
9
by causing personal delivery by of the document(s) listed above to
the person(s) at the address(es) set forth below.
11
by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth below.
13
14 By sending electronically a true and correct copy thereof to File & ServcXpress
H (www.fiieandservexoress.corn) or One Legal (www.oneleeal.corn) for service on
15 all counsel of record by electronic service if so listed.
16 Kristen E. Drake, Esq. McKENZIE LeBLANC
Dana M. Reich, Senior Paralegal 109 Felix Street, ¹I
17 Sharon N. Derrier, Case Manager Santa Cruz, CA 95060
TENANT LAW GROUP, PC Tel: (978) 490-8905
18 100 Pine Street, Suite 1250 mckenzie.leblanc.nrofiRamail.corn
San Francisco, CA 94111-5235 (VIA EMAIL ONLYI
19 Tel: (888) 510-7511
Fax: (888) 376-1662
20 kristenHtenantlawarouosf.corn
dana(Rtenantlawaroupsf.corn
21 sharon tenantlawgroupsf corn
Attorneys for Plaintiffs
AMBER LYNN FOSHAY and LINDA
23 FO SHAY
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27
28
PROOF OF SERVICE
PROOF OF SERVICE
1 I am familiar with the firm's practice of processing mail. Under that practice it would
2 be deposited with the U.S. Postal Service on that day with postage thereon prepaid in the
3 ordinary course of business. I am aware that on motion of the party served, service is
4 presumed invalid if postal cancellation date/postage meter date is more than one day after
5 date of deposit for mailing in affidavit.
I declare under penalty of perjury that the above is true and correct.
Executed on January 3, 2023, at Duly City, Cali(o
~TERRI L. MATRANGA
//lr/~
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PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY IMTFIOUT ATTORNEY (N me, Sl le Sm number, nd eddr ook FOR COURT'SE ONLY DENNIS F. MORIARTY, ESQ./ANDREW S. WERNER, ESQ. SBN: 37612/135795 CESARI WERNER AND MORIARTY 75 Southgate Avenue Daly City, CA 94015/6487-3-2-6 TELEPHONE NOJ 650-991-5126 FAX NO. (Optional/.650-991-5 134 E MAiL AoDREss dmoriarty(ucwmlaw.corn/awerner@cwmlaw.corn Defendants CYPRESS POINT RE INVESTORS. LLC, et al. ATTCR ~ EY FQR (Nameir SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ sTREET ADDREss. 701 Ocean Street MAILING ADDREsa 7P I Ocean Street clTY AND ZIP ODDE: Santa Cruz (A 95P(IP BRANcH NAME; UNLIMITED CIVIL JURISDICTION PLAINTIFF/PETITIONER: AMBER LYNN FOSHAY, et al. DEFENDANT/RESPONDENT: CYPRESS POINT RE INVESTORS LLC, et al. CASE MANAGEMENT STATEMENT (Check one): DQ UNLIMITED CASE (Amount demanded ~ LIMITED CASE (Amount demanded is $ 25,000 CASE NLIMBER. 20CV02600 exceeds $ 25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 24, 2023 Time: 8 30 a.m. Dept.: TBD Divz Room: Address of court (lf diFerent from the address above): QQ Notice of Intent to Appear by Telephone, by (name)(Andrew S. Werner, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. a. b ~ Party or parties (answer one): ~ Thia Statement iS Submitted by party (name): Defendantb CYPRESS POINT RE INVESTORS, LLC, ALLIANCE CQMMUNITIFS, This statement is submitted jointly by parties(names)( INC, end ORE YSTAR WORLDWIDE, LLC 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp(a/nants only) The complaint was filed on (da(e): ~ a. b. The cross-complaint, if any, was filed on(de(e): 3. a. b. ~ Service ((o be answered by p/a/n(/ffs end cross-comp(a/nen(s only) ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. The following parties named in the complaint or cross-complaint (1) ~ have not been served (spec/I'y names and explain why noi): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (spec/fy names). c. ~ The following additional parties may be added (specffy names, nature ofinvo/vement 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 ac(/on): Landlord-tenant dispute arising out of six-week tenancy of plaintiff AMBER FOSHAY at a residential property in Santa Cruz, California Pedal of 5 Form Adopted for Mandatory Uoe CaL Ruioo ol Coun, Judtotui Counml of Califorma CASE MANAGEMENT STATEMENT tutee 3.220-3.230 CM-110 IR. S ptember1 20211 www.oourtaoe doo Worlue Bor 5 Form 5u Id or CM-110 PLAINTIFF/PETITIONER: AMBER LYNN FOSHAY, ct aL CASE NUMBER DEFENDANT/RESPONDENT: ( 20CV02600 YPRPSS POINT RE INVESTORS LLC b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages c/aimed, including medical expenses to date (indicate source and amounij, estimated fuiure medical expenses, lost earnings io date, and esiimaied future lost earnings. if equitab/e relief is sought, descntfe the nature of the relief) Plaintiff AMBER FOSHAY resided at a leased residential unit in Santa Cruz, California for six weeks in May-June 2020. Plaintiff FOSHAY's allegations against defendants CYPRESS POINT RE INVESTORS, et aL, is that they allegedly ignored reports about the harassment FOSHAY was being subjected to by her roommates, ignored her complaints about ~ (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request requesting a jury trial): ~ a jury trial ~ a nonjury trial. (I(more ihan one party, provide ihe name ofeach party Trial date a. b. ~ ~ The trial has been set for(dale): 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 noi, explain): c. Dates on which parties or attorneys will not be available for trial (speciiy dates and explain reasons for unavailability): See attachment. Estimated length of trial a. b. ~ The party or parties estimate that the trial ~ days (specify number): 5-7 hours (short causes) (specify): take (check one): will Trial representation (io be answered for each patty) The party or parties will be represented at trial a. Attorney: QQ by the attorney or party listedin the caption ~ bythe following: b. Firm: c. Address: d. Telephone number: f. Fax number; ~ e. E-mail address: Additional representation is described in Attachment 8. Preference g. Party represented ~ This case is entitled to preference (speciyy 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel ~ has ~ has not provided the ADR information package identified (2) For self-represented parties: Party~ ~ in rule 3.221 to the client and reviewed ADR options with the client. has has not reviewed the ADR information package identifiedin rule 3.221. b. (1)~ Referral to judicial arbitration or civil action mediation (if available). 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 (2)~ statutory limit. Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount speafied in Code of (3)~ Procedure section 1141.11. Civil This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from mediation under Code of Cwil Procedure section 1775 et seq. (specify exempiion): action civil CM-110 [R r. Sepfemeer 1, 2021] Page 2 of 0 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER:AMBER LYNN FQSHAY, et al. CASE ~ UMttER DEFENDANT/RESPONDENT:CYPRESS pQ)NT RB )NVESTQRS LLC 20CV02600 et al 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 ai/ ihai app/y 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 (a/tach a copy of the parties'DR processes (check a// that app/y): sii puialion): ~ ~ Mediation session not yet scheduled Mediation session scheduled for (1) Mediation ~ ~ (date): Agreed to complete mediation by (da/e): Mediation completed on (da/e): November t t, 2022 ~ ~ Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement conference ~ ~ Agreed ta complete settlement conference by (dale): Settlement conference completed on(date): ~ ~ Neutral evaluation nat yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation ~ ~ Agreed to complete neutral evaluation by Neutral evaluation completed on (dale): (date): ~ ~ Judicial arbitration not yet scheduled Judicial arbitration scheduled far (4) Nonbinding judiaal arbitration ~ ~ (da/e): Agreed to complete judicial arbitration by Judicial arbitration completed on (date): (date): ~ ~ Private arbitration not yet scheduled Private arbitration scheduled for(date): (5) Binding private arbitration ~ ~ Agreed to complete pdtvate arbitration by Private arbitration completed on (dale); (da/e)/ ~ ~ ADR session not yet scheduled ADR session scheduled for (6) Other (specify); ~ ~ (dale): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Ree september 1, 2021] Page a of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: AMBER LYNN FOSHAY, et al. CASE ~ UMBER: DEFENDANT/RESPONDENT: CYPRESS POINT RF INVESTORS LLC, et al. 20CV02600 11, Insurance a b. ~ Insurance carrier, Reservation of rights: ~ any, for party filing this statement (name) if Yes ~ No Travelers Insurance c. ~ Coverage issues will significantly affect resolution of this case (expiain): 12. Jurisdiction Bankruptcy Status: ~ indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. ~ Other (speci/y): 13. a. ~ Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: Status: ~ (4) Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate willbe 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 ~x (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial Motion for summary judgment shall be filed within the next 30 days. Pre-trial motions in limine and other pre-trial written submittals as related to be assigned trial date. 16. Discovery a. b. ~ QQ The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe e// anticipated discovery): Para Descdiotion Date Defendants CYPRESS POINT, et el.Supplemental written discovery requests directed to plaintiffs Per code Dcfcedeete cYPREss PQINT, et el.Expert disclosure and discovery Per code requirements c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify); CM-110 [Rev. September 1, 2021/ Peee 1 pi 0 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: AMBER LYNN FOSHAY, et al. CASE NUMBER'0CV02600 DEFENDANT/RESPONDENT: CYPRESS POINT RE INVESTORS LLC, et al. Economic litigation ~ 17. a. This is a limited civil case (i e., the amountdemandedis $ 25000 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 liiigsiion procedures relating io discovery or trial should nai apply io 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)i 19. Meet and confer a. ~ The party or parties have met and conferred with of Court (ifnot, explain): allparties on all sublects required by rule 3.724 of the California Rules b. ~ After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the fallowing (specify): 20. Total number af pages attached (if any): 2 Iam 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 the time of the case management conference, including the written authority of the party Date: January 3, 2023 ANDREW S. WERNER. ESO. (TYPE OR PRINT NAME) (sIGNATU Ebp PA Y TTGREEMI ~ n'YPE OR PRINT NAME) (SIGNATUREOF PATTPf OR ATTORNEY( Additional signatures are attached, CM.110 v. September 1. 2021 I Page 5 or 5 (Re CASE MANAGEMENT STATEMENT MC-025 SHORT TITLE: FOSHAY vs. CYPRESS POINT RE INVESTORS LLC, et aL CASE NUMBER 20CV02600 ATTACHMENT (Number): rtfv (This Attachment may be used with any Judicial Council form.) homeless people being allowed to occupy the premises, and refusing to let her out of her lease and refusing to rctum her security deposit. Plaintiff LINDA FOSHAY, AMBER's mother, has no viable claims against the defendants. Defendants deny plaintiffs'llegations. Defendants deny plaintiff AMBER FOSHAY's allegations in their entirety. (lf the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under penally of pejrury.) Form Approved for Opaonef Uee Page~ of ~ (Add pages as required) wwwuxwlfudoml pov Judlaal Counol of Caldomia ATTACHMENT D aF aud MC-025 [Rev. July 1, 2000l to Judicial Council Form MC-025 CASE SHORT TITLE: FOSHAY vs. CYPRESS POINT RE INVESTORS LLC, et al. NUMBER'0CV02600 ATTACHMENT (Number)f 6(c) (This Attachment may be used with any Judicial Council form.) Trial Conflicts: 3/13/23 (San Francisco); 4/17/23 (Butte); 4/24/23 (Marin); 5/4/23 (Marin); 5/8/23 (Alameda); 6/5/23 (San Francisco); 6/12/23 (San Francisco); 6/19/23 (San Francisco); 6/26/23 (San Francisco); 7/10/23 (San Francisco); 7/21/23 (Alameda); 7/31/23 (Santa Clara); 8/7/23 (San Francisco); 9/25/23 (San Francisco); 10/2/23 (Alameda); 10/30/23 (Alameda); 11/13/23 (Alameda); I/19/24 (Alameda); 3/4/24 (Alameda); 3/15/24 (Solano); 4/5/24 (Alameda); 5/14/24 (Sacramento); 5/20/24 (Alameda). (if theitem that this Attachment concernsis made under penalty of perjury, all statements in this Page 7 of 7 Attachment are made under penally of pejrury) (Add pages as required) Form Approved for Opt'wnal Van www.courtrnto ce pov Judrnal Coundl of Caleornia ATTACHMENT w rr n«e,p erid MC-025 [Rev. July f, 2uuu] to Judicial Council Form PROOF OF SERVICE I I am a resident of the State of California, over the age of 18 years, and not a parly to the within action. My business address is CESARI, WERNER AND MORIARTY, 75 Southgate 2 Avenue, Daly City, California, 94015. On January 3, 2023, I served the within document: CASE MANAGEMENT STATEMENT 3 by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. by transmitting via E-Mail the document(s) listed above to the E-Mail(s) set forth below on this date before 5:00 p.m. 7 by placing the document(s) listed above in a sealed envelope with postage prepaid, in the United States mail Daly City, California addressed as follows. 9 by causing personal delivery by of the document(s) listed above to the person(s) at the address(es) set forth below. 11 by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. 13 14 By sending electronically a true and correct copy thereof to File & ServcXpress H (www.fiieandservexoress.corn) or One Legal (www.oneleeal.corn) for service on 15 all counsel of record by electronic service if so listed. 16 Kristen E. Drake, Esq. McKENZIE LeBLANC Dana M. Reich, Senior Paralegal 109 Felix Street, ¹I 17 Sharon N. Derrier, Case Manager Santa Cruz, CA 95060 TENANT LAW GROUP, PC Tel: (978) 490-8905 18 100 Pine Street, Suite 1250 mckenzie.leblanc.nrofiRamail.corn San Francisco, CA 94111-5235 (VIA EMAIL ONLYI 19 Tel: (888) 510-7511 Fax: (888) 376-1662 20 kristenHtenantlawarouosf.corn dana(Rtenantlawaroupsf.corn 21 sharon tenantlawgroupsf corn Attorneys for Plaintiffs AMBER LYNN FOSHAY and LINDA 23 FO SHAY 24 25 26 27 28 PROOF OF SERVICE PROOF OF SERVICE 1 I am familiar with the firm's practice of processing mail. Under that practice it would 2 be deposited with the U.S. Postal Service on that day with postage thereon prepaid in the 3 ordinary course of business. I am aware that on motion of the party served, service is 4 presumed invalid if postal cancellation date/postage meter date is more than one day after 5 date of deposit for mailing in affidavit. I declare under penalty of perjury that the above is true and correct. Executed on January 3, 2023, at Duly City, Cali(o ~TERRI L. MATRANGA //lr/~ 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE