Preview
CM-110
Rate Bacnumoef and addfessi
ATTQRNEY QR pARTY IMTHDUT ATTORNEY IName, FOR COURT USE ONLY
Edward O.C.Ord, Esq. SBN52123
Ord & Associates
233 Sansome Stu Ste 1111, San Francisco, CA 94104 ELECTRONICALLY
TELEPHONE NO 415-274-3800 FAX No ioplionas F I L E D
ord@ordassociates.corn
AoDREss ioolona0
E Mnn. Superior Court of California,
County of San Francisco
Plaintiffs, Edward Silva and Evelyn Silva
ATTQRNEY FQRINamel
SUPERIDR CDURT QF CALIFDRNIA, GQUNTY QF San Francisco 05/18/2020
STREETADDRESS 400 McAllister St Clerk of the Court
BY: VANESSA WU
MAILING ADDRESS
Deputy Clerk
San Francisco
cITY AND zIPDDDE CA g4102
BRANCH NAME
PLAINTIFF/PETITIQNER: Edward Silva and Evelyn Silva
DEFENDANT/REsPQNDENT. California Franchise Tax Board
CASE NUMBER
CASE MANAGEMENT STATEMENT
(Check one)i UNLIMITED CASE
(Amount demanded
W LIMITED CASE
(Amount demanded is $ 25,000
CGC-17-556629
exceeds $ 25,000) orless)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date June 10, 2020 Time 10:30 a.m. Dept.: 610 Dive Room:
Address of court (if different from the address above):
~ Notice of Intent to Appear by Telephone, by (name)i
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1.
a.
b.
~
Party or parties (answer one):
~u'his
This statement is submitted by party (nama):
Edward
statement is submitted jointly by parties (names): & Evelyn Silva, and Franchise Tax Board
2. Complaint and cross-complaint (to bs answered by plaintiffs and cross-complainants only)
a.
b. ~
The complaintwas filed on(dale):
The cross-complaint, any,
if
February 7, 2017
was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants on/y)
Mu'll parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed
a
b. ~ ~
The following parties named in the complaint or cross-complaint
(1) have not been served (spewfy names and explain why not):
(2) M have been served but have not appeared and have not been dismissed (specify names):
(3) ~ have had a default entered against them (specify names):
c. ~ The following additional parties may be added (specify names, nature of involvement in case, snd date by which
they may be served):
4 Description of case
a. Type of case in ~K complaint cross-complaint (Descnbe, including causes of acbon).
Recovery of income taxes, interest and penalties.
Page1of 5
Cal Rules of Court,
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT n les 3 72DB 730
Jud cat Counul of California www coons ca gou
July I, 201 1I
CM-110 IRe
CM-110
CASE NUMSE ~
PLAINTIFF/PETITIONER Edward Silva and Evelyn Silva
CGC-17-556629
DEFENDANT/RESPONDENT: California Franchise Tax Board
4 b Provide a bnef 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)
The trial date was vacated by the court because the court ordered the parties to exhaust the administrative
appeal before the Office of Tax Appeal first (the briefing before OTA will be completed in early June). Instead, a
case management conference is set on June 10, 2020. Due to the COVID-19 virus, the Plaintiffs and Defendant
jointly request the Court to continue the case management conference to another 6 months.
(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 C3 a lury trialHV a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6.
a.
b
~
Trial date
~ The tnal has been set for (date):
This case will be ready for trial within 12 months of the date of the filing of the complaint (if
No trial date has been set
not, explain):
Trial date was vacated. Instead a case management conference is set. See Item 4b.
c. Dates on which partiesor attorneyswillnotbe available
fortrial dates
(specify and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a.
b ~
~X days (specify number).
hours (shortcauses)
3
(specify):
8.
~
Trial representation (to be answered for each party)
The party or parties will be represented at trial
a Attorney:
~
by the attorney or party ksted in the caption by the following:
b. Firm:
c. Address:
d Telephone number f. Fax number:
e E-mail address: g Party represented:
Additional representation is described
inAttachment 8.
9 Preference
This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
communities; read
ADR information package. Please note that different ADR processes are available in different courts and
a
the courtunder rule3 221 forinformation aboutthe processes available through the
the ADR information package provided by
court and community programs in this case.
(1) For parties represented by counsel: CounselC3 has H has not provided the ADR information package identified
in rule 3 221 to the chent and reviewed ADR options with the client.
(2) M
For self-represented parties: Party has M has not reviewed the ADR information package identified in rule 3.221.
b.
(1) ~
Referral to judicial arbitration or civil action mediation (if available).
11 or to civil action
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit
(2) ~ Cwil
case to judicial arbitration and agrees to
Plaintiff elects to refer this
Procedure section 1141.11.
the amount speofied
limit recovery to inCode of
(3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Pege2 01 9
CM-110[Ref Jolr
12011] CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: Edward Silva and Evelyn Silva
CGC-17-556629
EFENDANT/RESPONDENT: CaliforniaFranchise Tax Board !
10. c. Indicate the ADR have agreed to participate
process or processes that the parly or parties are willing to partibmpate
in, in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing Ifthe 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'DR
processes (check a/I that apply):stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (dale):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date)
(2) Settlement
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (dsie):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (dale)
Neutral evaluation completed on (dale)
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judimal
arbitration Agreed to complete judicial arbitration by (dale).
(date)'5)
Binding pnvate
C3
Judiaal arbitration completed on
Pdivate arbitration not yet scheduled
Private arbitration scheduled for (dale):
arbitration C3 Agreed to complete private arbitration by (date).
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date)i
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date)
ef 3
P Age 3
CM-110 IRev July 1, 301 1l
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER
PLAINTIFF/PETITIQNER: Edward Silva and Evelyn Silva
CGC-17-556629
DEFENDANTIREsr oNDENT California Franchise Tax Board
a ~
11.insurance
Insurance earner, if any, for party filing this statement (name):
H H
b.
c. ~
Reservation of rights. Yes No
affect
Coverage issues will significantly resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and descnbe the status
~
Status:
Bankruptcy H Other (specify):
13.
~
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
b.
~
H
(4) Status
Additional
A motion to ~
cases are describedin
consolidate ~
Attachment 13a.
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 followmg issues or causes of
action (specify mowng party, type of motion, and reasons).
15
~
Other motions
The party or parties expect to lile the following motions before trial (specify moving party, type of motion, and issues).
16.
a.
b.
~
Discovery
~ The party or parties have completed all discovery.
(descnbe a/I anticipated discovery):
The following discovery will be completed by the date specified
~Pa Description Date
c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
P geeefe
l. 2011I
CM 110 IReu July CASE MANAGEMENT STATEMENT
Cjlll-110
PLAINTIFF/PETITloNER: Edward Silva and Evelyn Silva CASE NUMBER
California Franchise Tax Board CGC-17-556629
OEFENpANT/REspONOENT
17.
a. ~
Economic litigation
This is a limited civil case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in
Code
b.~ of Civil Procedure sections 90-98 will apply to this case.
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 (i(checked. explain speciffcalfy why economic litigation procedures relating to discovery or ffiei
should nof apply fo this case):
18.
~
Otherissues
The party or parties request that the following additional matters be considered or determined st the case management
conference (specify)I
19. IVieet and confer
a. ~~ The parly or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if nof, explain):
b. After meeting snd conferring
as required by rule 3.724 of the California
Rules of Court, the parties agree on the following
(specify) I
The Plaintiffs and Defendant jointly request the Court to continue the case management conference to another
6 months.
20. Total number of pages attached (i(any):
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 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:
Lu(y Ma~q yr XV Q~
ITYPE OR PIUNNIAMEI
ISIGNAT OF PAjrnjORTTORNEY/I
Edward Drd
~
ITYPE OR PRINT NAMEI
(SIONATUItt OF PARTY OR AjrcRNEYI
Additional signatures are attached.
CM 110 IRey July 1, 2011)
CASE MANAGEMENT STATEMENT Peserols
Preview
CM-110 Rate Bacnumoef and addfessi ATTQRNEY QR pARTY IMTHDUT ATTORNEY IName, FOR COURT USE ONLY Edward O.C.Ord, Esq. SBN52123 Ord & Associates 233 Sansome Stu Ste 1111, San Francisco, CA 94104 ELECTRONICALLY TELEPHONE NO 415-274-3800 FAX No ioplionas F I L E D ord@ordassociates.corn AoDREss ioolona0 E Mnn. Superior Court of California, County of San Francisco Plaintiffs, Edward Silva and Evelyn Silva ATTQRNEY FQRINamel SUPERIDR CDURT QF CALIFDRNIA, GQUNTY QF San Francisco 05/18/2020 STREETADDRESS 400 McAllister St Clerk of the Court BY: VANESSA WU MAILING ADDRESS Deputy Clerk San Francisco cITY AND zIPDDDE CA g4102 BRANCH NAME PLAINTIFF/PETITIQNER: Edward Silva and Evelyn Silva DEFENDANT/REsPQNDENT. California Franchise Tax Board CASE NUMBER CASE MANAGEMENT STATEMENT (Check one)i UNLIMITED CASE (Amount demanded W LIMITED CASE (Amount demanded is $ 25,000 CGC-17-556629 exceeds $ 25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date June 10, 2020 Time 10:30 a.m. Dept.: 610 Dive Room: Address of court (if different from the address above): ~ Notice of Intent to Appear by Telephone, by (name)i INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. a. b. ~ Party or parties (answer one): ~u'his This statement is submitted by party (nama): Edward statement is submitted jointly by parties (names): & Evelyn Silva, and Franchise Tax Board 2. Complaint and cross-complaint (to bs answered by plaintiffs and cross-complainants only) a. b. ~ The complaintwas filed on(dale): The cross-complaint, any, if February 7, 2017 was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants on/y) Mu'll parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed a b. ~ ~ The following parties named in the complaint or cross-complaint (1) have not been served (spewfy names and explain why not): (2) M have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature of involvement in case, snd date by which they may be served): 4 Description of case a. Type of case in ~K complaint cross-complaint (Descnbe, including causes of acbon). Recovery of income taxes, interest and penalties. Page1of 5 Cal Rules of Court, Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT n les 3 72DB 730 Jud cat Counul of California www coons ca gou July I, 201 1I CM-110 IRe CM-110 CASE NUMSE ~ PLAINTIFF/PETITIONER Edward Silva and Evelyn Silva CGC-17-556629 DEFENDANT/RESPONDENT: California Franchise Tax Board 4 b Provide a bnef 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) The trial date was vacated by the court because the court ordered the parties to exhaust the administrative appeal before the Office of Tax Appeal first (the briefing before OTA will be completed in early June). Instead, a case management conference is set on June 10, 2020. Due to the COVID-19 virus, the Plaintiffs and Defendant jointly request the Court to continue the case management conference to another 6 months. (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 C3 a lury trialHV a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. a. b ~ Trial date ~ The tnal has been set for (date): This case will be ready for trial within 12 months of the date of the filing of the complaint (if No trial date has been set not, explain): Trial date was vacated. Instead a case management conference is set. See Item 4b. c. Dates on which partiesor attorneyswillnotbe available fortrial dates (specify and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. b ~ ~X days (specify number). hours (shortcauses) 3 (specify): 8. ~ Trial representation (to be answered for each party) The party or parties will be represented at trial a Attorney: ~ by the attorney or party ksted in the caption by the following: b. Firm: c. Address: d Telephone number f. Fax number: e E-mail address: g Party represented: Additional representation is described inAttachment 8. 9 Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) communities; read ADR information package. Please note that different ADR processes are available in different courts and a the courtunder rule3 221 forinformation aboutthe processes available through the the ADR information package provided by court and community programs in this case. (1) For parties represented by counsel: CounselC3 has H has not provided the ADR information package identified in rule 3 221 to the chent and reviewed ADR options with the client. (2) M For self-represented parties: Party has M has not reviewed the ADR information package identified in rule 3.221. b. (1) ~ Referral to judicial arbitration or civil action mediation (if available). 11 or to civil action This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit (2) ~ Cwil case to judicial arbitration and agrees to Plaintiff elects to refer this Procedure section 1141.11. the amount speofied limit recovery to inCode of (3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Pege2 01 9 CM-110[Ref Jolr 12011] CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER PLAINTIFF/PETITIONER: Edward Silva and Evelyn Silva CGC-17-556629 EFENDANT/RESPONDENT: CaliforniaFranchise Tax Board ! 10. c. Indicate the ADR have agreed to participate process or processes that the parly or parties are willing to partibmpate in, in, or have already participated in (check all that apply and provide the specified information): The party or parties completing Ifthe 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'DR processes (check a/I that apply):stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (dale): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date) (2) Settlement conference Agreed to complete settlement conference by (date): Settlement conference completed on (dsie): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (dale) Neutral evaluation completed on (dale) Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judimal arbitration Agreed to complete judicial arbitration by (dale). (date)'5) Binding pnvate C3 Judiaal arbitration completed on Pdivate arbitration not yet scheduled Private arbitration scheduled for (dale): arbitration C3 Agreed to complete private arbitration by (date). Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date)i (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date) ef 3 P Age 3 CM-110 IRev July 1, 301 1l CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER PLAINTIFF/PETITIQNER: Edward Silva and Evelyn Silva CGC-17-556629 DEFENDANTIREsr oNDENT California Franchise Tax Board a ~ 11.insurance Insurance earner, if any, for party filing this statement (name): H H b. c. ~ Reservation of rights. Yes No affect Coverage issues will significantly resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and descnbe the status ~ Status: Bankruptcy H Other (specify): 13. ~ Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: b. ~ H (4) Status Additional A motion to ~ cases are describedin consolidate ~ Attachment 13a. 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 followmg issues or causes of action (specify mowng party, type of motion, and reasons). 15 ~ Other motions The party or parties expect to lile the following motions before trial (specify moving party, type of motion, and issues). 16. a. b. ~ Discovery ~ The party or parties have completed all discovery. (descnbe a/I anticipated discovery): The following discovery will be completed by the date specified ~Pa Description Date c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): P geeefe l. 2011I CM 110 IReu July CASE MANAGEMENT STATEMENT Cjlll-110 PLAINTIFF/PETITloNER: Edward Silva and Evelyn Silva CASE NUMBER California Franchise Tax Board CGC-17-556629 OEFENpANT/REspONOENT 17. a. ~ Economic litigation This is a limited civil case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code b.~ of Civil Procedure sections 90-98 will apply to this case. 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 (i(checked. explain speciffcalfy why economic litigation procedures relating to discovery or ffiei should nof apply fo this case): 18. ~ Otherissues The party or parties request that the following additional matters be considered or determined st the case management conference (specify)I 19. IVieet and confer a. ~~ The parly or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if nof, explain): b. After meeting snd conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify) I The Plaintiffs and Defendant jointly request the Court to continue the case management conference to another 6 months. 20. Total number of pages attached (i(any): 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 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: Lu(y Ma~q yr XV Q~ ITYPE OR PIUNNIAMEI ISIGNAT OF PAjrnjORTTORNEY/I Edward Drd ~ ITYPE OR PRINT NAMEI (SIONATUItt OF PARTY OR AjrcRNEYI Additional signatures are attached. CM 110 IRey July 1, 2011) CASE MANAGEMENT STATEMENT Peserols