Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bat number and addmssi
FOR COVRTUSE ONLY
Saul Reise, SBN 48528
Law Offices of Saul Reise, P.C.
11835 W. Olympic Blvd., Suite 415E
Los Angeles, Ca 90064
TELEPHONE NO 310/450-2888 Fnx No &opltonag 310/450-2885
E-MAILADDREss reisslawt8lreisslaw net
ArroRNEY FOR INamei Defendants/Cross-Complainant A. Baljian, Le Phuque & BMI Group
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
s~REE~ AooREss 312 East Cook Street
MAILINGADDREss 312 East Cook Street
cITY AND zIPGDDE. Santa Maria, Ca 93454
BRANGH NAME'ook County
PLAINTIFF/PETITIONER: Gary E Nsuenstein, et al
DEFENDANT/RESPONDENT: Ara Baijian, et al
CASE MANAGEMENT STATEMENT
(Check one)J ~x UNLIMITED CASE
(Amount demanded
~ LIMITED CASE
(Amount demanded is $ 25,000
CASE NUMBER
20CV03544
exceeds $ 25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 25, 2023 Time: 1.30 p.m. Dept.: SM2 Dtvd Room:
Address of court (il different from the address above):
~x Notice of Intent to Appear by Telephone, by (name): Saul Reise
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. ~x This statement is submitted by party (name). Defendants/Cross-Complainant A. Baljian, Le Phuque & BMI Group
2.
b. ~ This statement is submitted jointly by parties (names):
Complaint and cross-complaint (lo be answered by plaintiffs and cross-comp/ainan/s only)
a. The complatnt was filed on (date):
b, ~x The cross-complaint, if any, was filed on (dale): December 8, 2022
3. Service (lo be answered by plaintiffs and cross-comp/ainan/s only)
b. ~ ~
a. ~x All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following parbes named
(1)
in the complaint or cross-complaint
have not been served (specify names and explain why no/):
~ (2) have been served but have not appeared and have not been dismissed (specify names):
~ (3) have had a default entered against them (spemfy names):
c. ~ The following additional parties may be added (specify names, nature ofinvo/vernant
they may be served):
fn case, and date by which
4 Description of case
a. Type of case in ~
complaint ~x
Trespass, Ejectment and Wnt of Possession
cross-complaint (Describe, including causes of action).
Page 1 of 3
Form Adopted for Mandatotr Use Cel Rules of Court,
Judtoal Counol of Caifomia
CASE MANAGEMENT STATEMENT miss 3 720-3 730
CNI.110 IRev September I, 20211 www courts ca gov
CM-1 10
PLAINTIFF/PETITIONER: Gary E Hauenstetn, et Bl CASE
NUMBER'0CV03544
DEFENDANT/RESPONDENT: Ara Ballian, ei al
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 Io date (Indicate source and amount), estimated future medical expenses, lost
earnings Io date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief j
Please see Attachment 4b
~ (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 ~x a nonjury trial. (If more than one party, provide the name of each party
Trial date
a
b.
~
~x
The trial has been set for (date):
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
nof, explain):
c. Dates on which parties or attorneys will not be available for trial (spemfy dates and explain reasons for unavailability)
Estimated length of trial
The party or parties estimate that the trial will take (check one):
~x
a.
b. ~ days (specify number): 7-10
hours (short causes) (specify):
Trial representation (Io be answered for each party)
The party or parties will be represented at trial ~x by the attorney or party listed
a. Attorney:
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 in Attachment 8.
Preference
9.
10.
~ This case is entitled to preference (specify code section):
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
represented by counsel. Counsel ~x has
(1) For parties ~ has not provided the ADR information package identified
(2) For self-represented parties: Party ~ ~
to the client and reviewed ADR options with the client.
in rule 3.221
has has not reviewed the ADR information package identified in rule 3.221.
(1) ~
b. 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 specified in Code of
(3) ~
Civil Procedure section 1141.11.
This case is exempt from iudiaal 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):
cM-110 [Rev september I, 20211 Pese 2 ei 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Gary E Heuenstein, et el CASE NUMBER
DEFENDANT/RESPONDENT: Are Beljian, et el 20CV03544
10. c. Indicate the ADR process or processes that the party or parties are willing to partiapate in, have agreed to participate in, or
have already participated in (check a// that apply and provide the specified informa/ion):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties'DR
processes (check a/I that apply): stipulation):
~x Mediation session not yet scheduled
(I) Mediation
~
~
Mediation session scheduled for (da/e):
Agreed to complete mediation by (date):
~ Mediation completed on (date):
~x Settlement conference not yet scheduled
(2) Settlement
conference
~
~ Settlement conference scheduled for(date):
Agreed to complete settlement conference by (da/e)
~ Settlement conference completed on (da/e)
(3) Neutral evaluation
~
~x
~
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
~ Neutral evaluation completed on (date):
~
~ Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding /udicial
arbitration
~
~
Agreed to complete judiaal arbitration by (da/e):
Judicial arbitration completed on (date)
~
~ Private arbitration not yet scheduled
Private arbitration scheduled for (da/e):
(5) Binding pnvate
arbitration
~
~ Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
~
~ ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
~
~ Agreed to complete ADR session by (date):
ADR completed on (date).
CM-110 [Rev Septemoer 1, 2021/ Page 5 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Gary E Hauenstetn, et al CASE NUMBER
DEFENDANT/RESPONDENT Ara Bsijisn, Bt al 20CV03544
11. Insurance
a.
b.
~ Insurance carrier,
Reservation of rights. ~ ~
if any, for party filing this statement (name):
Yes No
c ~ Coverage issues will significantly affect resolution of this case (exp/ain):
12. Jurisdiction
~
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy
Status:
~
Other (specify):
a. ~
13 Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name ofcourt
(3) Case number.
(4) Status:
~ Additional cases are descnbed in Attachment 13a.
~
b. A motion to ~ consolidate ~ coordinate will be filed by (name party):
Bifurcation
14.
~ 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 (spew/y moving party, type of motion, and issues):
Discovery
16.
a.
b.
~
~x
The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe a// anticipated discovery):
Descriotion ~Da e
Defendants/Cross-Complainants Follow up written discovery & Depositions Within 90-1 20 days
Defendants/Cross-Complainnts Expert discovery Per Code
c ~ The following discovery issues, includmg issues regarding the discovery of electronically stored information, are
anticipated (spewfy):
CM-i to IRev September t, 2021] pese 4 ef 4
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER. Gary E Hauenstsin, et al CASE NUMBER
DEFENDANT/RESPONDENT: Ara Be(lian, et al 20CV03544
(7 Economic litigation
a. ~ This is a limited civil case (i.e., the amount demanded is $ 25,000 or less) and the economic ktigation 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 reiaiing io discovery or trial
should nol apply to this case):
Other issues
18.
~ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
(9. Meet and confer
a. ~x The party or parties have met and conferred with all parties on all subiects required by rule 3.724 of the California Rules
of Court (if nol, explain):
b. ~ After meeting and conferding 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): 2
I 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 wntten authonty of the party where required.
Date: September 5, 2023
Saul Reise
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
~
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
cM-110 (Ref seplemeer I, 2021] Pege 5 of 5
CASE MANAGEMENT STATEMENT
I ATTACHMENT 4B
As of 1999, Plaintiffs/Cross-Defendants Gary E. Hauenstein and Gwen J. Hauenstein
("Hauensteins") were the owners of the real property commonly known as 3333 Avena Road,
Lompoc, California 93436 (the "Property" ).
As of June 2006, the Property was encumbered with two loans. As of December 10,
2015, Hauensteins were in default of one of the loans, which resulted in the lender Nationstar
Mortgage Co. recording a Notice of Default and Election to Sell Under Deed of Trust. On
March 18, 2016, the Notice of Trustee's Sale was recorded. On May 22, 2017, a second
Notice of Trustee's Sale was recorded for sale on July 5, 2017.
10 On or about June 22, 2017, Hauensteins borrowed the sum of $ 168,500 from
Defendant/Cross-Complainant Le Phuque, LLC ("Le Phuque") pursuant to a Note secured by
12 a Deed of Trust against the Property.
13 The Note, in relevant part, provides
14
"Should the trustor or his successors in interest, without the consent in writing
15 of the beneficiary, sell, transfer or convey or permit to be sold, transferred or
conveyed, his interest in the property, or any part thereof, then the beneficiary
16 may, at his option, declare all sums secured hereby immediately due and
payable."
17
and
18
19 "Should default be made in payment of interest when due, the whole sum of
principal and interest shall become immediately due at the option of the Holder
20 of this Note. Principal and interest payable in lawful money of the United
21
States. If action be instituted on this note, I promise to pay such sum as the
Court may fix as attorney's fees. This note is secured by a Deed of Trust to
22 Fidelity National Title, as TRUSTEE."
23 Without notice, knowledge or consent of Le Phuque, on May 31, 2019, Hauensteins
24 executed a Grant Deed transferring the Property to The Monterrosa Firm, Inc.
25 On November 27, 2019, The Monterossa Firm, Inc. executed a Grant Deed
26 transferring the Property to Golden Phoenix, LLC.
27
28
i
ATTACHMENT 4B
Shortly thereafter, Le Phuque discovered that Hauensteins had transferred the Property
to The Monterossa Firm, Inc. and demanded repayment of the loan. Hauensteins claimed that
they did not owe any money to Le Phuque and refused to repay the loan.
In December of 2019, Le Phuque declared the entire amount under the Note due and
owing and caused to be recorded a Notice of Default and Election to Sell Under Deed of Trust.
On or about April 30, 2020, the Notice of Trustee's Sale provided that the sale of the Property
would take place on June 3, 2020. On November 11, 2020, the Trustee's Deed Upon Sale
was recorded by which Cross-Complainant became the owner of the Property.
Since November 11, 2020, Hauensteins have continued to occupy the Property and
10 have failed and refused to vacate the same or pay rent to Le Phuque.
Le Phuque has filed a Cross-Complaint against Hauensteins for trespass, ejectment
12 and writ of possession.
13 Hauensteins instituted this action alleging various claims. Their operative pleading is
14 their Third Amended Complaint for breach of contract and fraud against Le Phuque and
15 Defendants Ara Baljian and BMI Group, Inc., among others.
16 Le Phuque and Defendants Ara Baljian and BMI Group, Inc. dispute that they
17 breached any agreement with Hauensteins and committed any fraud.
18
19
20
21
22
23
24
25
26
27
2
ATTACHMENT 4B
I PROOF OF SERVICE
STATE OF CALIFORNIA, COLINTY OF LOS ANGELES
Iam employed in the county of Los Angeles, State of California. I am over the age of 18 and
not a party to the within action; my business address is 11835 W. Olympic Blvd., Suite 415E,
Los Angeles, Ca 90064, fax: 310/450-2888, email: fay.pugh@outlook.corn.
On September 5, 2023, I served the foregoing document described as
CASE MANAGEMENT STATEMENT
on the interested parties in this action
10 /X /by placing / /the original/X/a true copy thereof enclosed in sealed envelopes addressed
as follows:
11
Lacy L. Taylor
12
THYNE TAYLOR FOX HOWARD, LLP
13 205 E. Carrillo Street, Suite 100
Santa Barbara, California 93101
14 Telephone: (805) 963-9958
Facsimile: (805) 963-3814
15
Email: Itavlor@ttfulaw.corn
16
/ X / (BY ELECTRONIC SERVICE) I caused the above-referenced document to be served
17 through One Legal addressed to all parties listed herein. The service transmission was
reported as complete and a copy of the One Legal Receipt Filing Page/Confirmation will be
18
maintained with the original document in my office.
19
/ X / (STATE) I declare under penalty of perjury under the laws of the State of California that
20 the above is true and correct.
21
Executed on September 5, 2023, at Los Angeles, California.
22
23
24 Fay Pugh
25
26
27
28
3
ATTACHMENT 4B
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bat number and addmssi FOR COVRTUSE ONLY Saul Reise, SBN 48528 Law Offices of Saul Reise, P.C. 11835 W. Olympic Blvd., Suite 415E Los Angeles, Ca 90064 TELEPHONE NO 310/450-2888 Fnx No &opltonag 310/450-2885 E-MAILADDREss reisslawt8lreisslaw net ArroRNEY FOR INamei Defendants/Cross-Complainant A. Baljian, Le Phuque & BMI Group SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA s~REE~ AooREss 312 East Cook Street MAILINGADDREss 312 East Cook Street cITY AND zIPGDDE. Santa Maria, Ca 93454 BRANGH NAME'ook County PLAINTIFF/PETITIONER: Gary E Nsuenstein, et al DEFENDANT/RESPONDENT: Ara Baijian, et al CASE MANAGEMENT STATEMENT (Check one)J ~x UNLIMITED CASE (Amount demanded ~ LIMITED CASE (Amount demanded is $ 25,000 CASE NUMBER 20CV03544 exceeds $ 25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 25, 2023 Time: 1.30 p.m. Dept.: SM2 Dtvd Room: Address of court (il different from the address above): ~x Notice of Intent to Appear by Telephone, by (name): Saul Reise INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~x This statement is submitted by party (name). Defendants/Cross-Complainant A. Baljian, Le Phuque & BMI Group 2. b. ~ This statement is submitted jointly by parties (names): Complaint and cross-complaint (lo be answered by plaintiffs and cross-comp/ainan/s only) a. The complatnt was filed on (date): b, ~x The cross-complaint, if any, was filed on (dale): December 8, 2022 3. Service (lo be answered by plaintiffs and cross-comp/ainan/s only) b. ~ ~ a. ~x All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. The following parbes named (1) in the complaint or cross-complaint have not been served (specify names and explain why no/): ~ (2) have been served but have not appeared and have not been dismissed (specify names): ~ (3) have had a default entered against them (spemfy names): c. ~ The following additional parties may be added (specify names, nature ofinvo/vernant they may be served): fn case, and date by which 4 Description of case a. Type of case in ~ complaint ~x Trespass, Ejectment and Wnt of Possession cross-complaint (Describe, including causes of action). Page 1 of 3 Form Adopted for Mandatotr Use Cel Rules of Court, Judtoal Counol of Caifomia CASE MANAGEMENT STATEMENT miss 3 720-3 730 CNI.110 IRev September I, 20211 www courts ca gov CM-1 10 PLAINTIFF/PETITIONER: Gary E Hauenstetn, et Bl CASE NUMBER'0CV03544 DEFENDANT/RESPONDENT: Ara Ballian, ei al 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 Io date (Indicate source and amount), estimated future medical expenses, lost earnings Io date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief j Please see Attachment 4b ~ (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 ~x a nonjury trial. (If more than one party, provide the name of each party Trial date a b. ~ ~x The trial has been set for (date): 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 nof, explain): c. Dates on which parties or attorneys will not be available for trial (spemfy dates and explain reasons for unavailability) Estimated length of trial The party or parties estimate that the trial will take (check one): ~x a. b. ~ days (specify number): 7-10 hours (short causes) (specify): Trial representation (Io be answered for each party) The party or parties will be represented at trial ~x by the attorney or party listed a. Attorney: 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 in Attachment 8. Preference 9. 10. ~ This case is entitled to preference (specify code section): 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 represented by counsel. Counsel ~x has (1) For parties ~ has not provided the ADR information package identified (2) For self-represented parties: Party ~ ~ to the client and reviewed ADR options with the client. in rule 3.221 has has not reviewed the ADR information package identified in rule 3.221. (1) ~ b. 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 specified in Code of (3) ~ Civil Procedure section 1141.11. This case is exempt from iudiaal 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): cM-110 [Rev september I, 20211 Pese 2 ei 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Gary E Heuenstein, et el CASE NUMBER DEFENDANT/RESPONDENT: Are Beljian, et el 20CV03544 10. c. Indicate the ADR process or processes that the party or parties are willing to partiapate in, have agreed to participate in, or have already participated in (check a// that apply and provide the specified informa/ion): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'DR processes (check a/I that apply): stipulation): ~x Mediation session not yet scheduled (I) Mediation ~ ~ Mediation session scheduled for (da/e): Agreed to complete mediation by (date): ~ Mediation completed on (date): ~x Settlement conference not yet scheduled (2) Settlement conference ~ ~ Settlement conference scheduled for(date): Agreed to complete settlement conference by (da/e) ~ Settlement conference completed on (da/e) (3) Neutral evaluation ~ ~x ~ Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): ~ Neutral evaluation completed on (date): ~ ~ Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding /udicial arbitration ~ ~ Agreed to complete judiaal arbitration by (da/e): Judicial arbitration completed on (date) ~ ~ Private arbitration not yet scheduled Private arbitration scheduled for (da/e): (5) Binding pnvate arbitration ~ ~ Agreed to complete private arbitration by (date): Private arbitration completed on (date): ~ ~ ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): ~ ~ Agreed to complete ADR session by (date): ADR completed on (date). CM-110 [Rev Septemoer 1, 2021/ Page 5 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Gary E Hauenstetn, et al CASE NUMBER DEFENDANT/RESPONDENT Ara Bsijisn, Bt al 20CV03544 11. Insurance a. b. ~ Insurance carrier, Reservation of rights. ~ ~ if any, for party filing this statement (name): Yes No c ~ Coverage issues will significantly affect resolution of this case (exp/ain): 12. Jurisdiction ~ Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Status: ~ Other (specify): a. ~ 13 Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name ofcourt (3) Case number. (4) Status: ~ Additional cases are descnbed in Attachment 13a. ~ b. A motion to ~ consolidate ~ coordinate will be filed by (name party): Bifurcation 14. ~ 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 (spew/y moving party, type of motion, and issues): Discovery 16. a. b. ~ ~x The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe a// anticipated discovery): Descriotion ~Da e Defendants/Cross-Complainants Follow up written discovery & Depositions Within 90-1 20 days Defendants/Cross-Complainnts Expert discovery Per Code c ~ The following discovery issues, includmg issues regarding the discovery of electronically stored information, are anticipated (spewfy): CM-i to IRev September t, 2021] pese 4 ef 4 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER. Gary E Hauenstsin, et al CASE NUMBER DEFENDANT/RESPONDENT: Ara Be(lian, et al 20CV03544 (7 Economic litigation a. ~ This is a limited civil case (i.e., the amount demanded is $ 25,000 or less) and the economic ktigation 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 reiaiing io discovery or trial should nol apply to this case): Other issues 18. ~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): (9. Meet and confer a. ~x The party or parties have met and conferred with all parties on all subiects required by rule 3.724 of the California Rules of Court (if nol, explain): b. ~ After meeting and conferding 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): 2 I 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 wntten authonty of the party where required. Date: September 5, 2023 Saul Reise (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ~ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. cM-110 (Ref seplemeer I, 2021] Pege 5 of 5 CASE MANAGEMENT STATEMENT I ATTACHMENT 4B As of 1999, Plaintiffs/Cross-Defendants Gary E. Hauenstein and Gwen J. Hauenstein ("Hauensteins") were the owners of the real property commonly known as 3333 Avena Road, Lompoc, California 93436 (the "Property" ). As of June 2006, the Property was encumbered with two loans. As of December 10, 2015, Hauensteins were in default of one of the loans, which resulted in the lender Nationstar Mortgage Co. recording a Notice of Default and Election to Sell Under Deed of Trust. On March 18, 2016, the Notice of Trustee's Sale was recorded. On May 22, 2017, a second Notice of Trustee's Sale was recorded for sale on July 5, 2017. 10 On or about June 22, 2017, Hauensteins borrowed the sum of $ 168,500 from Defendant/Cross-Complainant Le Phuque, LLC ("Le Phuque") pursuant to a Note secured by 12 a Deed of Trust against the Property. 13 The Note, in relevant part, provides 14 "Should the trustor or his successors in interest, without the consent in writing 15 of the beneficiary, sell, transfer or convey or permit to be sold, transferred or conveyed, his interest in the property, or any part thereof, then the beneficiary 16 may, at his option, declare all sums secured hereby immediately due and payable." 17 and 18 19 "Should default be made in payment of interest when due, the whole sum of principal and interest shall become immediately due at the option of the Holder 20 of this Note. Principal and interest payable in lawful money of the United 21 States. If action be instituted on this note, I promise to pay such sum as the Court may fix as attorney's fees. This note is secured by a Deed of Trust to 22 Fidelity National Title, as TRUSTEE." 23 Without notice, knowledge or consent of Le Phuque, on May 31, 2019, Hauensteins 24 executed a Grant Deed transferring the Property to The Monterrosa Firm, Inc. 25 On November 27, 2019, The Monterossa Firm, Inc. executed a Grant Deed 26 transferring the Property to Golden Phoenix, LLC. 27 28 i ATTACHMENT 4B Shortly thereafter, Le Phuque discovered that Hauensteins had transferred the Property to The Monterossa Firm, Inc. and demanded repayment of the loan. Hauensteins claimed that they did not owe any money to Le Phuque and refused to repay the loan. In December of 2019, Le Phuque declared the entire amount under the Note due and owing and caused to be recorded a Notice of Default and Election to Sell Under Deed of Trust. On or about April 30, 2020, the Notice of Trustee's Sale provided that the sale of the Property would take place on June 3, 2020. On November 11, 2020, the Trustee's Deed Upon Sale was recorded by which Cross-Complainant became the owner of the Property. Since November 11, 2020, Hauensteins have continued to occupy the Property and 10 have failed and refused to vacate the same or pay rent to Le Phuque. Le Phuque has filed a Cross-Complaint against Hauensteins for trespass, ejectment 12 and writ of possession. 13 Hauensteins instituted this action alleging various claims. Their operative pleading is 14 their Third Amended Complaint for breach of contract and fraud against Le Phuque and 15 Defendants Ara Baljian and BMI Group, Inc., among others. 16 Le Phuque and Defendants Ara Baljian and BMI Group, Inc. dispute that they 17 breached any agreement with Hauensteins and committed any fraud. 18 19 20 21 22 23 24 25 26 27 2 ATTACHMENT 4B I PROOF OF SERVICE STATE OF CALIFORNIA, COLINTY OF LOS ANGELES Iam employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 11835 W. Olympic Blvd., Suite 415E, Los Angeles, Ca 90064, fax: 310/450-2888, email: fay.pugh@outlook.corn. On September 5, 2023, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties in this action 10 /X /by placing / /the original/X/a true copy thereof enclosed in sealed envelopes addressed as follows: 11 Lacy L. Taylor 12 THYNE TAYLOR FOX HOWARD, LLP 13 205 E. Carrillo Street, Suite 100 Santa Barbara, California 93101 14 Telephone: (805) 963-9958 Facsimile: (805) 963-3814 15 Email: Itavlor@ttfulaw.corn 16 / X / (BY ELECTRONIC SERVICE) I caused the above-referenced document to be served 17 through One Legal addressed to all parties listed herein. The service transmission was reported as complete and a copy of the One Legal Receipt Filing Page/Confirmation will be 18 maintained with the original document in my office. 19 / X / (STATE) I declare under penalty of perjury under the laws of the State of California that 20 the above is true and correct. 21 Executed on September 5, 2023, at Los Angeles, California. 22 23 24 Fay Pugh 25 26 27 28 3 ATTACHMENT 4B