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FILED, ,
1
2 OCT ^3 2020
3
4 By...
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6
7
SUPERIOR COURT OF CALIFORNIA,
8
COUNTY OF SACRAMENTO
9
10 CHIA XIONG,
11 Plaintiffs, C A S E N O : 34-2020-00278650
12 V.
NOTICE OF CASE MANAGEMENT
13 CONFERENCE AND COMPLEX CASE
TGC ENTERPRISES, INC.
MANAGEMENT PROCEDURES
14 Defendants.
15 Complex Civil Dept.: 41
Judge David De Alba
16
17
18
19 THIS NOTICE SHALL BE SERVED BY PLAINTIFF'S COUNSEL ON ALL
20 OTHER PARTIES. ANY PARTY WHO HEREAFTER SERVES A NEW PARTY
21 SHALL SERVE A COPY OF THIS NOTICE ON THE NEW PARTY ALONG WITH THE
22 SUMMONS AND COMPLAINT OR CROSS-COMPLAINT.
23 1. Pursuant to the Presiding Judge's Notice and Order of Complex Case
24 Determination, the above-referenced case has been designated as complex, assigned
25 to this department for complex case management, and pre-assigned to this department
26 for trial. This is a limited purpose assignment under California Rule of Court 3.734,
27 such that law and motion matters shall be heard in Departments 53/54 per Local Rule
41 2.30, et seq., unless othenwise directed by this Court. Motions for consolidation,
1
1 severance, bifurcation, intervention and to continue trial shall be heard in this
2 department unless othenwise directed by this Court. Other motions referenced in Local
3 Rule 1.05 shall be heard by the Presiding Judge.
4 2. The Court orders all parties to appear for a Case Management
5 Conference on 12/3/2020, at 3:00 P.M. a.m., in Department 41.
5 Notice: Given the circumstances presented by the ongoing COVID-19 pandemic,
this hearing will be conducted remotely via Zoom [which includes telephonic and
7 teleconferencing options].
8 The Department 41 Zoom link is: https://saccourt.zoom.us/my/dept41a.
The Zoom ID is: 349 373 7884.
9 The Zoom number is (888) 475-4499.
10
Please check the Civil Tentative Ruling search at www.saccourt.ca.gov prior to
11 the above hearing date to confirm appearances and/or any updates.
12 3. The Court orders the parties to meet and confer prior to the CMC pursuant
13 to California Rule of Court 3.724. The parties' meet-and-confer session shall include
14 discussion of, among other things, the possibility of early mediation, the identification of
15 additional potential parties, and plans for discovery. All such matters shall be reported
15 in the parties' CMC Statements.
17 4. All parties shall file CMC Statements no later than 15 calendar days prior
Ig to the CMC. The Court encourages the parties to file joint CMC Statements. The Court
19 orders that in lieu of using standard form CM-110, the parties may and are encouraged
20 to prepare more descriptive case management statements, providing additional
21 information relevant to the complex case management of this case. CMC statements
22 Tiay be filed at the main civil counter.
23 5. Each party shall be prepared to participate effectively in the CMC,
24 including, but not limited to, being thoroughly familiar with the case and able to discuss
25 the suitability of private mediation, arbitration, and/or the use of a special master or
referee.
27 6. Should the parties stipulate and request a continuance of the CMC given
41 the early status of the case, they shall indicate such in their CMC Statements
(preferably in a joint CMC Statement), the reasons for such request, and the date range
2
1 for which they agree to a new CMC date. The Court may or may not approve such
2 stipulated request.
3 7. Tentative Rulings: The Court may or may not issue a tentative ruling prior
4 to the scheduled CMC. Counsel are directed to check the Court's tentative rulings after
5 2:00 p.m. the court day prior to the scheduled CMC. Tentative rulings are posted on the
6 Court's website at www.saccourt.ca.gov. If no tentative ruling is posted, the CMC will
7 proceed as scheduled. If a tentative ruling is posted, unless othenwise indicated, such
8 ruling shall become the final order ofthe Court and no CMC hearing shall occur, unless
9 counsel contacts the Court prior to 4:00 p.m. of the same date to request a hearing and
10 provides notice to all other parties. In such event, the CMC will proceed as scheduled
11 or as othenwise indicated by the Court in its tentative ruling.
12 8. Law and Motion: As referenced above, this case has been assigned to
13 this department for limited purposes. Pursuant to Local Rule 2.30, et seq., Civil Law
14 and Motion Departments 53/54 shall hear all law and motion matters customarily heard
15 in such departments. This shall include pleading motions, discovery motions and
16 dispositive motions. Motions for preliminary approval and final approval of settlements
17 shall also be heard in Departments 53/54 unless this Court directs othenwise. Motions
18 regarding class certification shall be heard in Departments 53/54 unless this Court
19 directs that such motions may be filed in this department depending on calendaring and
20 other considerations.
21 9. Other Motions: Motions for consolidation, severance, bifurcation,
22 intervention and to continue trial shall be heard in this department unless otherwise
23 directed by this Court. Trial-related motions shall be heard in this department unless
24 othenwise directed by this Court. Other motions referenced in Local Rule 1.05 shall be
25 heard by the Presiding Judge.
26 10. Filings: Law and Motion filings shall be made pursuant to Department
27 53/54 procedures. Motions heard in this department shall be filed directly in
41 Department 41. Motions that must be heard by the Presiding Judge pursuant to Local
1 Rule 1.05 shall be filed pursuant to Department 47 procedures. CiyiC Statements may
2 be filed at the main civil counter, with courtesy copies delivered directly to Department
3 41.
4 11. Typical Case Progress:
5 a. After the initial CMC or a subsequent CMC, the Court may or may not
6 issue a formal Case Management Order ("CMO"). In lieu of a formal
7 CMO, the Court may issue minute orders after CMCs addressing case
8 management topics. The breadth of such orders may vary depending
9 upon factors such as the complexity of the case and other
10 circumstances. The Court may issue subsequent CMOs potentially
11 addressing topics such as discovery cut-offs, phased discovery,
12 disclosure dates, timing of private mediation, timing of class
13 certification motions, etc. In some cases, CMOs may be proposed by
14 an appointed special master or referee with case management
15 authority.
16 b. Pursuant to the Presiding Judge's Notice and Order of Complex Case
17 Determination, this Court is the trial department for this case. This
18 Court remains the trial court unless subsequently ordered othenwise.
19 In rare instances, a case may be transferred to Department 47 for
20 assignment to a different trial department if this Court has scheduling
21 conflicts due to another trial or otherwise is unable to proceed with trial.
22 c. The Court will schedule a Trial Setting Conference at which time a
23 precise trial date shall be set in this department. The Court will issue a
24 Complex Trial Setting Order ("TSO") which shall set the Mandatory
25 Settlement Conference in Department 59, a Final Status Conference, a
26 Final Pre-Trial Conference, and the trial date. The TSO shall also
27 address deadlines for trial-related tasks and filings, including motions
41 in limine, witness and exhibit lists, proposed jury instructions, jury
1 questionnaires, etc.
2 12. The following interim orders shall be in effect:
3 a. Plaintiff(s) shall diligently locate and serve each defendant. It is the
4 Court's intention, by this order, that all parties shall be served in
5 sufficient time to have made an appearance within the time allowed
6 under law prior to attending the first CMC.
7 b. Counsel shall continuously ensure that they have no legal conflicts of
8 interest as to any present or anticipated parties so that counsel may
9 participate fully in the CMC and this case.
10 13. The Court strongly encourages the parties to engage in early and
11 meaningful alternative dispute resolution.
12
13 IT IS SO
14 DATED: /6
15 ION. DAVIDIDE ALBA
JUDGE OF THE SUPERIOR COURT
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2 CERTIFICATE OF SERVICE BY MAILING
(C.C.P. Sec. 1013a(3))
3
, the Clerk ofthe Superior Court of California, County of Sacramento, certify that
4 I am not a party to this cause, and on the date shown below I served the foregoing
NOTICE OF CASE MANAGEMENT CONFERENCE AND COMPLEX CASE
MANAGEMENT PROCEDURES by depositing true copies thereof, enclosed in
separate, sealed envelopes with the postage fully prepaid, in the United States Mail at
Sacramento, California, each of which envelopes was addressed respectively to the
y persons and addresses shown below:
8
9 David Yeremian SB#226337
DAVID YEREMIAN & ASSOCIATES, INC.
10 535 N. Brand Blvd., Ste. 705
JJ Glendale, CA91203
12
13 .
I, the undersigned deputy clerk, declare under penalty of perjury that the
14 foregoing is true and correct.
15
Jg / / N.SMITH, Courtroom Clerk
Dated: /O Superior Court of California, County of
17 / / Sacramento
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41 CHIA XIONG v.TGC ENTERPRISES, INC. 2020-00278650
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FILED, , 1 2 OCT ^3 2020 3 4 By... 5 6 7 SUPERIOR COURT OF CALIFORNIA, 8 COUNTY OF SACRAMENTO 9 10 CHIA XIONG, 11 Plaintiffs, C A S E N O : 34-2020-00278650 12 V. NOTICE OF CASE MANAGEMENT 13 CONFERENCE AND COMPLEX CASE TGC ENTERPRISES, INC. MANAGEMENT PROCEDURES 14 Defendants. 15 Complex Civil Dept.: 41 Judge David De Alba 16 17 18 19 THIS NOTICE SHALL BE SERVED BY PLAINTIFF'S COUNSEL ON ALL 20 OTHER PARTIES. ANY PARTY WHO HEREAFTER SERVES A NEW PARTY 21 SHALL SERVE A COPY OF THIS NOTICE ON THE NEW PARTY ALONG WITH THE 22 SUMMONS AND COMPLAINT OR CROSS-COMPLAINT. 23 1. Pursuant to the Presiding Judge's Notice and Order of Complex Case 24 Determination, the above-referenced case has been designated as complex, assigned 25 to this department for complex case management, and pre-assigned to this department 26 for trial. This is a limited purpose assignment under California Rule of Court 3.734, 27 such that law and motion matters shall be heard in Departments 53/54 per Local Rule 41 2.30, et seq., unless othenwise directed by this Court. Motions for consolidation, 1 1 severance, bifurcation, intervention and to continue trial shall be heard in this 2 department unless othenwise directed by this Court. Other motions referenced in Local 3 Rule 1.05 shall be heard by the Presiding Judge. 4 2. The Court orders all parties to appear for a Case Management 5 Conference on 12/3/2020, at 3:00 P.M. a.m., in Department 41. 5 Notice: Given the circumstances presented by the ongoing COVID-19 pandemic, this hearing will be conducted remotely via Zoom [which includes telephonic and 7 teleconferencing options]. 8 The Department 41 Zoom link is: https://saccourt.zoom.us/my/dept41a. The Zoom ID is: 349 373 7884. 9 The Zoom number is (888) 475-4499. 10 Please check the Civil Tentative Ruling search at www.saccourt.ca.gov prior to 11 the above hearing date to confirm appearances and/or any updates. 12 3. The Court orders the parties to meet and confer prior to the CMC pursuant 13 to California Rule of Court 3.724. The parties' meet-and-confer session shall include 14 discussion of, among other things, the possibility of early mediation, the identification of 15 additional potential parties, and plans for discovery. All such matters shall be reported 15 in the parties' CMC Statements. 17 4. All parties shall file CMC Statements no later than 15 calendar days prior Ig to the CMC. The Court encourages the parties to file joint CMC Statements. The Court 19 orders that in lieu of using standard form CM-110, the parties may and are encouraged 20 to prepare more descriptive case management statements, providing additional 21 information relevant to the complex case management of this case. CMC statements 22 Tiay be filed at the main civil counter. 23 5. Each party shall be prepared to participate effectively in the CMC, 24 including, but not limited to, being thoroughly familiar with the case and able to discuss 25 the suitability of private mediation, arbitration, and/or the use of a special master or referee. 27 6. Should the parties stipulate and request a continuance of the CMC given 41 the early status of the case, they shall indicate such in their CMC Statements (preferably in a joint CMC Statement), the reasons for such request, and the date range 2 1 for which they agree to a new CMC date. The Court may or may not approve such 2 stipulated request. 3 7. Tentative Rulings: The Court may or may not issue a tentative ruling prior 4 to the scheduled CMC. Counsel are directed to check the Court's tentative rulings after 5 2:00 p.m. the court day prior to the scheduled CMC. Tentative rulings are posted on the 6 Court's website at www.saccourt.ca.gov. If no tentative ruling is posted, the CMC will 7 proceed as scheduled. If a tentative ruling is posted, unless othenwise indicated, such 8 ruling shall become the final order ofthe Court and no CMC hearing shall occur, unless 9 counsel contacts the Court prior to 4:00 p.m. of the same date to request a hearing and 10 provides notice to all other parties. In such event, the CMC will proceed as scheduled 11 or as othenwise indicated by the Court in its tentative ruling. 12 8. Law and Motion: As referenced above, this case has been assigned to 13 this department for limited purposes. Pursuant to Local Rule 2.30, et seq., Civil Law 14 and Motion Departments 53/54 shall hear all law and motion matters customarily heard 15 in such departments. This shall include pleading motions, discovery motions and 16 dispositive motions. Motions for preliminary approval and final approval of settlements 17 shall also be heard in Departments 53/54 unless this Court directs othenwise. Motions 18 regarding class certification shall be heard in Departments 53/54 unless this Court 19 directs that such motions may be filed in this department depending on calendaring and 20 other considerations. 21 9. Other Motions: Motions for consolidation, severance, bifurcation, 22 intervention and to continue trial shall be heard in this department unless otherwise 23 directed by this Court. Trial-related motions shall be heard in this department unless 24 othenwise directed by this Court. Other motions referenced in Local Rule 1.05 shall be 25 heard by the Presiding Judge. 26 10. Filings: Law and Motion filings shall be made pursuant to Department 27 53/54 procedures. Motions heard in this department shall be filed directly in 41 Department 41. Motions that must be heard by the Presiding Judge pursuant to Local 1 Rule 1.05 shall be filed pursuant to Department 47 procedures. CiyiC Statements may 2 be filed at the main civil counter, with courtesy copies delivered directly to Department 3 41. 4 11. Typical Case Progress: 5 a. After the initial CMC or a subsequent CMC, the Court may or may not 6 issue a formal Case Management Order ("CMO"). In lieu of a formal 7 CMO, the Court may issue minute orders after CMCs addressing case 8 management topics. The breadth of such orders may vary depending 9 upon factors such as the complexity of the case and other 10 circumstances. The Court may issue subsequent CMOs potentially 11 addressing topics such as discovery cut-offs, phased discovery, 12 disclosure dates, timing of private mediation, timing of class 13 certification motions, etc. In some cases, CMOs may be proposed by 14 an appointed special master or referee with case management 15 authority. 16 b. Pursuant to the Presiding Judge's Notice and Order of Complex Case 17 Determination, this Court is the trial department for this case. This 18 Court remains the trial court unless subsequently ordered othenwise. 19 In rare instances, a case may be transferred to Department 47 for 20 assignment to a different trial department if this Court has scheduling 21 conflicts due to another trial or otherwise is unable to proceed with trial. 22 c. The Court will schedule a Trial Setting Conference at which time a 23 precise trial date shall be set in this department. The Court will issue a 24 Complex Trial Setting Order ("TSO") which shall set the Mandatory 25 Settlement Conference in Department 59, a Final Status Conference, a 26 Final Pre-Trial Conference, and the trial date. The TSO shall also 27 address deadlines for trial-related tasks and filings, including motions 41 in limine, witness and exhibit lists, proposed jury instructions, jury 1 questionnaires, etc. 2 12. The following interim orders shall be in effect: 3 a. Plaintiff(s) shall diligently locate and serve each defendant. It is the 4 Court's intention, by this order, that all parties shall be served in 5 sufficient time to have made an appearance within the time allowed 6 under law prior to attending the first CMC. 7 b. Counsel shall continuously ensure that they have no legal conflicts of 8 interest as to any present or anticipated parties so that counsel may 9 participate fully in the CMC and this case. 10 13. The Court strongly encourages the parties to engage in early and 11 meaningful alternative dispute resolution. 12 13 IT IS SO 14 DATED: /6 15 ION. DAVIDIDE ALBA JUDGE OF THE SUPERIOR COURT 16 17 18 19 20 21 22 23 24 25 26 27 41 1 2 CERTIFICATE OF SERVICE BY MAILING (C.C.P. Sec. 1013a(3)) 3 , the Clerk ofthe Superior Court of California, County of Sacramento, certify that 4 I am not a party to this cause, and on the date shown below I served the foregoing NOTICE OF CASE MANAGEMENT CONFERENCE AND COMPLEX CASE MANAGEMENT PROCEDURES by depositing true copies thereof, enclosed in separate, sealed envelopes with the postage fully prepaid, in the United States Mail at Sacramento, California, each of which envelopes was addressed respectively to the y persons and addresses shown below: 8 9 David Yeremian SB#226337 DAVID YEREMIAN & ASSOCIATES, INC. 10 535 N. Brand Blvd., Ste. 705 JJ Glendale, CA91203 12 13 . I, the undersigned deputy clerk, declare under penalty of perjury that the 14 foregoing is true and correct. 15 Jg / / N.SMITH, Courtroom Clerk Dated: /O Superior Court of California, County of 17 / / Sacramento 18 19 20 21 22 23 24 25 26 27 41 CHIA XIONG v.TGC ENTERPRISES, INC. 2020-00278650