Preview
26
Michael B. Bassi
A Law Corporation
MICHAEL B. BASSI (SBN 75782)
RICHARD M. SHEARER (SBN 124604)
DONNA L. QUAN (SBN 127795)
MICHAEL B. BASSI ELECTRONICALLY
A Law Corporation FILED
333 Bush St., Ste. 1100 Superior Court of California,
San Francisco, CA 94104 County of San Francisco
Telephone: (415) 986-8122 01/11/2018
Facsimile: (415) 986-0733 fe voteod Aatetae date adete-eee
Deputy Clerk
Attorneys for PLAINTIFFS
WALLACE CALLOWAY and
ANNETTE RUTLAND CALLOWAY
SUPERIOR COURT OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
WALLACE CALLOWAY and ANNETTE) NO. CGC-17-560692
RUTLAND CALLOWAY, Dy
) PLAINTIFFS WALLACE CALLOWAY
Plaintiffs, ) AND ANNETTE RUTLAND
) CALLOWAY’S OBJECTION TO
v. ) NOTICE OF TIME AND PLACE OF
) TRIAL
LATARA R. REED, Individually andas —_)
Successor Trustee of The Barbara A. ) DATE: January 17, 2018
Calloway Revocable Trust created ) TIME: 10:30 a. m.
December 19, 2006, JANISA R. FRANCIS,) PLACE: Department 610
and all persons unknown claiming any )
interest in the property, named as DOES 1 to)
25, inclusive,
Decedents.
bo
Plaintiffs Wallace Calloway and Annette Rutland Calloway object to the Notice of Time and
Place of Trial dated on January 4, 2018 with respect to the case being set for a Court Trial. Plaintiffs
do not object to the trial being set on August 27, 2018 at 9:30 a. m. in Department 206. Plaintiffs,
however, did request a jury trial on their Fifth (Reasonable Value of Work, Labor, and Services -
1
PLAINTIFFS WALLACE CALLOWAY AND ANNETTE RUTLAND CALLOWAY’S
OBJECTION TO NOTICE OF TIME AND PLACE OF TRIAL26
Michael B. Bassi
A Law Corporation
Common Count in Quantum Meruit) and Sixth (Breach of the Covenant of Quiet Enjoyment) Causes
of Action pursuant to their Case Management Statement filed on December 19, 2017 which is
attached hereto as Exhibit A and incorporated by reference.
Defendants also requested a jury trial pursuant to their Case Management Statement served
on January 2, 2018 which is attached hereto as Exhibit B and incorporated by reference.
Plaintiffs’ counsel will appear for the Objection Hearing to have this matter placed on the
Jury Trial calendar. Plaintiffs will be filing Requests to Waive Additional Court Fees related to jury
fees and expenses.
DATED: January 11, 2018 MICHAEL B. BASSI
A Law Corporation
By Senora Aone
DONNA L. QUAN
Attorney for PLAINTIFFS
WALLACE CALLOWAY and
ANNETTE RUTLAND CALLOWAY
KACalloway, Wallace & Annette\Pleadings\Complaint\Objections to Court Trial.wpd
2
PLAINTIFFS WALLACE CALLOWAY AND ANNETTE RUTLAND CALLOWAY’S
OBJECTION TO NOTICE OF TIME AND PLACE OF TRIAL26
Michael B. Bassi
A Law Corporation
MICHAEL B. BASSI (SBN 75782)
RICHARD M. SHEARER (SBN 124604)
DONNA L. QUAN (SBN 127795)
MICHAEL B. BASSI
A Law Corporation
333 Bush St., Ste. 1100
San Francisco, CA 94104
Telephone: (415) 986-8122
Facsimile: (415) 986-0733
Attorneys for PLAINTIFFS
WALLACE CALLOWAY and
ANNETTE RUTLAND CALLOWAY
SUPERIOR COURT OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
WALLACE CALLOWAY and ANNETTE) NO. CGC-17-560692
RUTLAND CALLOWAY,
EXHIBIT A TO PLAINTIFFS WALLACE
CALLOWAY AND ANNETTE
RUTLAND CALLOWAY’S OBJECTION
TO NOTICE OF TIME AND PLACE OF
TRIAL
Plaintiffs,
v.
LATARA R. REED, Individually and as
Successor Trustee of The Barbara A.
Calloway Revocable Trust created
December 19, 2006, JANISA R. FRANCIS,
and all persons unknown claiming any
interest in the property, named as DOES | to
25, inclusive,
Decedents.
SS SSS SSS SSCM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Gar number, and address) FOR COURT USE ONLY
MICHAEL B. BASSI (SBN 75782); RICHARD M. SHEARER (SBN 124604)
MICHAEL B. BASSI, A Law Corporation
333 Bush St., Ste. 1100
San Francisco, CA 94104
revepone wo: (415) 986-8122 FAX No.(optonan: (415) 986-0733 ELECTRONICALLY
EMAIL ADDRESS (Optionay: mbbassi@bassilaw.com; rmshearer@bassilaw.com FILED
ATTORNEY FOR Noma): Plaintifs WALLACE CALLOWAY and ANNETTE GALLOWAY Bageetal| cate ct Caterelaja|
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco
streetaooress: 400 McAllister St. 12/19/2017
MAILING ADDRESS: Clerk of the Court
cirvanozecooe. San Francisco, CA 94102 BY:KALENE APOLONIO
BRANCH NAME. Deputy Clerk
PLAINTIFE/PETITIONER: WALLACE CALLOWAY and
ANNETTE RUTLAND CALLOWAY
DEFENDANTIRESPONDENT: LATARA R. REED;
JANISA R. FRANCIS
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): (UNLIMITED CASE CJ LiMiTED CASE CGC-17-560692
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 17, 2018 Time: 10:30a.m. Dept: 610 Div. Room:
Address of court (if different from the address above):
CJ Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
4, Party or parties (answer one):
a. (&] This statement is submitted by party (name): Plaintiffs WALLACE CALLOWAY and ANNETTE RUTLAND CALLOWAY
b. (CQ This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 8/14/2017
b. (QJ The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [LJ The following parties named in the complaint or cross-complaint
(1) [OJ have not been served (specify names and explain why not):
(2) [Cy have been served but have not appeared and have not been dismissed (specify names):
(3) (Cy have had a default entered against them (specify names):
c. (J The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
4. Description of case .
a. Typeofcasein [complaint [7] cross-complaint (Describe, including causes of action):
Plaintiffs are the brother and sister-in-law of Barbara A. Calloway who died on March 29,2017. Plaintiffs’
causes of action are: (1) Breach of Contract-Promissory Estoppel; (2) Quasi-Specific Performance of Contract
to Make a Will; (3) Partition by Sale; (4) Declaratory Relief; (5) Reasonable Value of Work, Labor, and
Services (Common Count in Quantum Meruit); and (6) Breach of the Covenant of Quiet Enjoyment.
- 7 7 Page tof 5
Farm Adopted for Markiatory Use CUB Essential CASE MANAGEMENT STATEMENT or Sige
CeeoiRer July. 20 LD | etrorme:CM-110
[__ PLAINTIFF/PETITIONER: WALLACE CALLOWAY and CASE NUMBER:
ANNETTE RUTLAND CALLOWAY CGC-17-560692
DEFENDANT/RESPONDENT: LATARA R. REED;
JANISA R. FRANCIS
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
[Q) (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 (QQ ajurytrial (2 a nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial): Jury trial requested on the causes of action for Fifth and Sixth Causes of Action - Reasonable Value of Work, Labor, and
Services (Common Count in Quantum Meruit) and Breach of the Covenant of Quiet Enjoyment
6. Trial date
a. (CJ) The trial has been set for (date):
b. [XJ No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Family Vacations: 12/22/2018-1/10/2018; 2/7/2018-2/21/2018; 2/28/2018-3/4/2018; 7/21/2018-8/13/2018
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. (QJ) days (specify number): Four (4)
b. [CJ hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [XJ by the attorney or party listed in the caption (22 by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
C2] Additional representation is described in Attachment 8.
9. Preference
CJ This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [XJhas [Jj has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party [has [CJ has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) (C) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.14 or to civil action
mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) (C) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) (KJ 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):
Damages exceed $50,000; certain causes of action relate to real property.
(CM-4110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 2 of §
-B | Essential
GB | FoneCM-110
[. PLAINTIFF/PETITIONER: WALLACE CALLOWAY and CASE NUMBER:
ANNETTE RUTLAND CALLOWAY
DEFENDANT/RESPONDENT: LATARA R. REED;
JANISA R. FRANCIS
CGC-17-560692
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 all that apply and provide the specified information):
The party or parties completing
this form are willing to
participate in the following ADR
processes (check all that apply):
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties' ADR
stipulation):
(1) Mediation
w
(J Mediation session not yet scheduled
[QQ Mediation session scheduled for (date): 1/16/2018
{1} Agreed to complete mediation by (date):
(J Mediation completed on (date):
(2) Settlement
conference
(2 Settlement conference not yet scheduled
(CJ Settlement conference scheduled for (date):
(2) Agreed to complete settlement conference by (date):
(CC) Settlement conference completed on (date):
(3) Neutral evaluation
(J Neutral evaluation not yet scheduled
(J) Neutral evatuation scheduled for (date):
(Cy Agreed to complete neutral evaluation by (date):
(C] Neutral evaluation completed on (date):
(4) Nonbinding judicial
arbitration
(2) Judicial arbitration not yet scheduled
(C} Judicial arbitration scheduled for (date):
(2) Agreed to complete judicial arbitration by (date):
(] Judicial arbitration completed on (date):
(5) Binding private
arbitration
(CI Private arbitration not yet scheduled
(} Private arbitration scheduled for (date):
(2) Agreed to complete private arbitration by (date):
(J Private arbitration completed on (date):
(6) Other (specify):
(J ADR session not yet scheduled
(CJ ADR session scheduled for (date):
CO Agreed to complete ADR session by (date):
[CQ ADR completed on (date):
(CM-A10 (Rev. July 1, 2011)
ER" | Essential
CEB | igorme
CASE MANAGEMENT STATEMENT Page 3 of 5CM-110
PLAINTIFF/PETITIONER: WALLACE CALLOWAY and CASE NUMBER:
| ANNETTE RUTLAND CALLOWAY CGC-17-560692
DEFENDANT/RESPONDENT: LATARA R. REED;
JANISA R. FRANCIS
411. Insurance
a. (CJ Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Ch Yes [J No
c. [2] Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
(2 Bankruptcy [C9 Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [2] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
(C) Additional cases are described in Attachment 13a.
b. [J Amotionto [J consolidate [CJ coordinate will be filed by (name party):
14, Bifurcation
(C3 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
{KJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
In limine motions as applicable
16. Discovery
a. (] The party or parties have completed all discovery.
b. [XQ The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Wallace & Annette Calloway Deposition of Defendant Janisa Francis 12/18/2017
Deposition of Defendant Latara Reed 12/21/2017
Defendants’ discovery responses to Plaintiffs' propounded 12/14/2017
discovery requests (Form and Special Interrogatories, Requests for
Production of Documents, Requests for Admissions)
c. [J The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Discovery motions as applicable
CM-110 Rev. duly $2011] CASE MANAGEMENT STATEMENT Page 4 of 6
CEB Essential
cebzom | f2}FormsCM-110
[_PLAINTIFF/PETITIONER: WALLACE CALLOWAY and CASE NUMBER:
ANNETTE RUTLAND CALLOWAY CGC-17-560692
DEFENDANTIRESPONDENT: LATARA R. REED;
JANISA R. FRANCIS
17. Economic litigation
a. (C]) This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. (CJ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
CJ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): 7
19. Meet and confer
a. (]) The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (ifany); Lo
tam 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: December /Z 2017 VM tal, Lan
MICHAEL B. BASSI y
(TYPE OR PRINT NAME) (SIGNAPERE Of PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
CC) Additional signatures are attached.
CM-110 (Rev. July 4, 2011] CASE MANAGEMENT STATEMENT Page Sof 5
CEB Essential
ccbcom | {2]Forms™Coe ND HW
CASE TITLE: CASE NUMBER:
CALLOWAY, ET AL. v. REED, ET AL. CGC-17-560692
Attachment 4b:
Decedent Barbara A. Calloway promised Plaintiffs that she would give Plaintiffs a life estate
in her Gilman Ave. Residence in exchange for their many years of providing personal services to
decedent, including but not limited to, caring for her during her illness(es), providing
companionship, housekeeping, emotional and moral support, and chauffeur services. Decedent
promised to include Plaintiffs in her estate, dividing her estate 4-ways between Plaintiffs and
Defendants, in exchange for Plaintiffs' services and did not do so when she died. Plaintiffs each seek
a life estate in decedent's Gilman Ave. Residence. Plaintiffs each seek 25% of the Barbara A.
Calloway Trust assets. Plaintiffs also seek to have decedent’s real properties partitioned by sale.
Plaintiffs seek declaratory relief that they are beneficiaries of decedent’s estate pursuant to her
promises to them. Plaintiffs each seek compensatory damages for quantum meruit for the labor they
performed for decedent, and compensatory damages and statutory civil penalties for Defendants’
breach of the covenant of quiet enjoyment of Plaintiffs’ occupancy of the Gilman Ave. Residence.
KACalloway, Wallace & Annette\Pleadings\Complaint\Case Mgmt Statement_Attachment 4b.wpdPOS-030
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address) FOR COURT USE ONLY
Mu EL 8. BASSI (75782); DONNA L. QUAN (127795)
MICHAEL B. BASSI A LAW CORPORATION
333 Bush St., Ste. 1100
San Francisco, CA 94104
eveproneno.. (415) 986-8122 FaxNo (Option; (415) 986-0733
E-MAIL ADDRESS (Option), ~mbbassi@bassilaw.com; dlquan@bassilaw.com
ATTORNEY FOR (Name! Plaintiffs WALLACE CALLOWAY and ANNETTE
ELECTRONICALLY
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO FILED
streeraopress: 400 McAllister St. Superior Court of Catifornia,
MAILING ADDRESS: County of San Francisco
cmyanozecoo: San Francisco, CA 94102 12/19/2017
BRANCH NAME: Clerk of the Court
PETITIONERPLAINTFF, WALLACE CALLOWAY and a cess ciele
ANNETTE RUTLAND CALLOWAY
RESPONDENT/DEFENDANT: LATARA R. REED;
JANISA R. FRANCIS
CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL COC. 1717-56069
(Do not use this Proof of Service to show service of a Summons and Complaint.)
1. fam over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing
took place.
2. My residence or business address is:
333 Bush Street, Ste. 1100
San Francisco, CA 94104
3. On (date): December 19, 2017 I mailed from (city and state): San Francisco, California
the following documents (specify):
Case Management Statement
CJ The documents are listed in the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served)
(form POS-030(D)).
4. | served the documents by enclosing them in an envelope and(check one):
a. (C} depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b. [X} placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in
a sealed envelope with postage fully prepaid.
5. The envelope was addressed and mailed as follows:
a. Name ofperson served: Gregory John Wood, Esq.
b. Address of person served:
Wood Robbins, LLP
1 Post St., Ste. 800
San Francisco, CA 94104
(C]) The name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service
by First-Class Mail-Civil (Persons Served) (POS-030(P)).
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and corregf,
Date) December 19, 2017 /
A. Margit Macomber
‘(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) b. OT aon OP FEeON Abas THis FORM)
Fem Approved fr pln Uso PROOF OF SERVICE BY FIRST-CLASS MAIL - dvi Cede Gi Procedure, §§ 1013, 10130
B68 boo tiew January 12005, CEP | Essential (Proof of Service) eee
Forms:26
Michael B. Bassi
A Law Corporation
MICHAEL B. BASSI (SBN 75782)
RICHARD M. SHEARER (SBN 124604)
DONNA L. QUAN (SBN 127795)
MICHAEL B. BASSI
A Law Corporation
333 Bush St., Ste. 1100
San Francisco, CA 94104
Telephone: (415) 986-8122
Facsimile: (415) 986-0733
Attorneys for PLAINTIFFS
WALLACE CALLOWAY and
ANNETTE RUTLAND CALLOWAY
SUPERIOR COURT OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
WALLACE CALLOWAY and ANNETTE)
RUTLAND CALLOWAY,
Plaintiffs,
Vv.
LATARA R. REED, Individually and as
Successor Trustee of The Barbara A.
Calloway Revocable Trust created
December 19, 2006, JANISA R. FRANCIS.
and all persons unknown claiming any
)
interest in the property, named as DOES 1 to)
25, inclusive,
Decedents.
LoS
NO. CGC-17-560692
EXHIBIT B TO PLAINTIFFS WALLACE
CALLOWAY AND ANNETTE
RUTLAND CALLOWAY’S OBJECTION
TO NOTICE OF TIME AND PLACE OF
TRIALCM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): ‘FOR COURT USE ONLY
!
Gregory J. Wood (SBN 200780); Kristen E. Drake (SBN 202827)
WOOD ROBBINS, LLP, One Post Street, Suite 800
San Francisco, CA 94104
TELEPHONE No.: (415) 247-7900 FAX NO. (Optionay: (415) 247-7901
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Defendants Latara Reed and Janisa Francis
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aooress: 400 McAllister Street
MalLING adoRess: 400 McAllister Street
city AND ziP Cove: San Francisco, CA 94102
BRANCH NAME:
PLAINTIFF/PETITIONER: Wallace Calloway, et al.
DEFENDANT/RESPONDENT: Latara Reed, et al.
CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
UNLIMITED CASE [ uitep case CGC-17-560692
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
(Check one):
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 17, 2018 Time: 10:30 a.m. Dept.: 610 Div.: Room:
Address of court (if different from the address above):
[) Notice of intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [_] This statement is submitted by party (name):
This statement is submitted jointly by parties (names): Defendants Latara Reed and Janisa Francis
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b, [7] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [2] Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [2] The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) [1 have had a default entered against them (specify names):
c. [J The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint [1] cross-complaint (Describe, including causes of action):
Plaintiffs, the brother and sister-in-law of the deceased, bring various causes of action including breach of
contract for monies and property they claim to be due for allegedly providing caretaking services.
page tots
Formal Counce Calera CASE MANAGEMENT STATEMENT Gal Ra fom,
‘CM-110 (Rev. July 1, 2011}, winw.courts.ca.govCM-110
PLAINTIFF/PETITIONER: Wallace Calloway, et al. Seer -_
GC-17-5601
DEFENDANT/RESPONDENT: Latara Reed, et al. eee
4. b. Provide a brief statement of the case, including any damages. (/f 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.)
Plaintiffs each seek 25% of the deceased trust's assets, which include real property and bank accounts. The trust
names Defendant Latara Reed as trustee and Defendants Janisa Francis and Latara Reed as the sole
beneficiaries.
[1 (ifmore space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request ajury trial [] anonjurytrial. (if more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. [_] 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
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
1/8/18-1/19/18; 1/29/18-2/9/18; 3/28/18-4/1 1/18; 5/21/18-6/8/18; 10/29/18-1 1/15/18; 1/18/19-2/1/19 (other trials).
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a days (specify number): 5-7 days
b. [7] hours (short causes) (specify):
8. Trial representation (fo be answered for each party)
The party or parties will be represented at trial [47] by the attorney or party listed in the caption [7] by the following:
a. Attorney:
b. Firm:
c, Address:
d. Telephone number: f. Fax number:
e. E-mail address:
g. Party represented:
(1) Additional representation is described in Attachment 8.
9. Preference
[-] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a, ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has [—] has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party [J has [J has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [£2] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
Statutory limit.
(2) [_] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) [] This case is exempt from judi
mediation under Code of Ci
ial arbitration under rule 3.811 of the California Rules of Court or from civil action
il Procedure section 1775 et seq. (specify exemption):
CHO Rev. sy 1.204 CASE MANAGEMENT STATEMENT PagezeréCM-110
| PLAINTIFF/PETITIONER: Wallace Calloway, et al.
DEFENDANT/RESPONDENT: Latara Reed, et al.
CASE NUMBER:
CGC-17-560692
10. ¢. Indicate the ADR process or pracesses that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing
this form are willing to
participate in the following ADR
processes (check all that apply):
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties' ADR
stipulation):
(1) Mediation
Cc
Mediation session not yet scheduled
Mediation session scheduled for (date): 1/16/18
Agreed to complete mediation by (date):
Mediation completed on (date):
(2) Settlement
conference
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
(3) Neutral evaluation
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
(4) Nonbinding judicial
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
(6) Binding private
arbitration
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify):
OOOO; O000;/0000;0000;0000)00
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
‘CM-110 (Rev. July 4, 2011)
CASE MANAGEMENT STATEMENT
Pages of §PLAINTIFF/PETITIONER:
Wallace Calloway, et al.
CM-140
CASE NUMBER:
CGC-17-560692
DEFENDANT/RESPONDENT: _Latara Reed, et al.
11. Insurance
a. [1] insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [-_] Yes [_] No
c
[1 coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
[7 Bankruptcy ] other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [_] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[1 Additional cases are described in Attachment 13a.
b. [J] Amotionto [£7] consolidate [[_] coordinate will be filed by (name party):
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
Motion to expunge lis pendens.
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. (_] The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe ail anticipated discovery):
Party, Description Date
Defendants Written discovery TN
Defendants Percipient witness discovery AITN8
Defendants Expert witness discovery Per CCP
c. [-_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
‘CM-110 [Rev. July 1, 2041]
CASE MANAGEMENT STATEMENT
Page 4 ofSCM-110
PLAINTIFF/PETITIONER: Wallace Calloway, et al. (CASE NUMBER:
CGC-17-560692
DEFENDANT/RESPONDENT: _Latara Reed, et al.
17. Economic litigation
a. [] This is a limited civil case (ie., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [) This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
[=] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. [1 The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any): 2.
tam 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: December 9872017
Kristen E. Drake b Kaiskinr
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
>
(TYEE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[1] Additional signatures are attached.
Git Row Jay 207 CASE MANAGEMENT STATEMENT Page 50t5Como YM A HW Bw! HY
DO eae
BS XxR.< FRR RBKRYBSEREAREE SK STS
PROOF OF SERVICE
I, Cristina D. Herrera, declare that:
At the time of service, I was over 18 years of age and not a party to this action. My
business address is One Post Street, Suite 800, San Francisco, CA 94104.
On January 2. 2018, I served the following documents:
DEFENDANTS LATARA REED AND JANISA FRANCIS’S
CASE MANAGEMENT STATEMENT
in said cause on the following interested parties:
Michael B. Bassi, Esq. Counsel for Plaintiffs
Richard M. Shearer, Esq. WALLACE CALLOWAY and
Dinna L. Quan, Esq. ANNETTE RUTLAND CALLOWAY
MICHAEL B. BASSI
A Law Corporation
333 Bush St., Suite 1100
San Francisco, CA 94104
The documents were served by the following means:
X By United States mail. I enclosed the documents in a sealed envelope or package
= addressed to the persons at the addresses above and deposited the sealed envelope with]
the United States Postal Service, with the postage fully prepaid.
By fax transmission. Based on an agreement of the parties to accept service by fax
transmission, I faxed the documents to the persons at the fax numbers listed in item 5.
= No error was reported by the fax machine that I used. A copy of the record of the fax
transmission, which I printed out, is attached.
By overnight delivery. I enclosed the documents in an envelope or package provided
by an overnight delivery carrier and addressed to the persons at the addresses above. I
—— placed the envelope or package for collection and overnight delivery at an office or a
regularly utilized drop box of the overnight delivery carrier.
By messenger service. I served the documents by placing them in an envelope or
= package addressed to the persons at the addresses listed in item 5 and providing them
to a professional messenger service for service.
By e-service. Pursuant to San Francisco County Superior Court Local Rule 2.10, I
caused the documents described above to be transmitted to an approved vendor for e-
service on January 2, 2018 on the persons listed above. No error was reported in the
transmission of the documents.
By electronic mail. J caused the documents to be sent to the persons at the electronic
= service addressed listed in above.
2
PROOF OF SERVICE, CASE NO. CGC-17-560692I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed January 2. 2018. at San Francisco, California.
Cristina D. Herrera
3
PROOF OF SERVICE, CASE NO. CGC-17-560692
Preview
26 Michael B. Bassi A Law Corporation MICHAEL B. BASSI (SBN 75782) RICHARD M. SHEARER (SBN 124604) DONNA L. QUAN (SBN 127795) MICHAEL B. BASSI ELECTRONICALLY A Law Corporation FILED 333 Bush St., Ste. 1100 Superior Court of California, San Francisco, CA 94104 County of San Francisco Telephone: (415) 986-8122 01/11/2018 Facsimile: (415) 986-0733 fe voteod Aatetae date adete-eee Deputy Clerk Attorneys for PLAINTIFFS WALLACE CALLOWAY and ANNETTE RUTLAND CALLOWAY SUPERIOR COURT OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO WALLACE CALLOWAY and ANNETTE) NO. CGC-17-560692 RUTLAND CALLOWAY, Dy ) PLAINTIFFS WALLACE CALLOWAY Plaintiffs, ) AND ANNETTE RUTLAND ) CALLOWAY’S OBJECTION TO v. ) NOTICE OF TIME AND PLACE OF ) TRIAL LATARA R. REED, Individually andas —_) Successor Trustee of The Barbara A. ) DATE: January 17, 2018 Calloway Revocable Trust created ) TIME: 10:30 a. m. December 19, 2006, JANISA R. FRANCIS,) PLACE: Department 610 and all persons unknown claiming any ) interest in the property, named as DOES 1 to) 25, inclusive, Decedents. bo Plaintiffs Wallace Calloway and Annette Rutland Calloway object to the Notice of Time and Place of Trial dated on January 4, 2018 with respect to the case being set for a Court Trial. Plaintiffs do not object to the trial being set on August 27, 2018 at 9:30 a. m. in Department 206. Plaintiffs, however, did request a jury trial on their Fifth (Reasonable Value of Work, Labor, and Services - 1 PLAINTIFFS WALLACE CALLOWAY AND ANNETTE RUTLAND CALLOWAY’S OBJECTION TO NOTICE OF TIME AND PLACE OF TRIAL26 Michael B. Bassi A Law Corporation Common Count in Quantum Meruit) and Sixth (Breach of the Covenant of Quiet Enjoyment) Causes of Action pursuant to their Case Management Statement filed on December 19, 2017 which is attached hereto as Exhibit A and incorporated by reference. Defendants also requested a jury trial pursuant to their Case Management Statement served on January 2, 2018 which is attached hereto as Exhibit B and incorporated by reference. Plaintiffs’ counsel will appear for the Objection Hearing to have this matter placed on the Jury Trial calendar. Plaintiffs will be filing Requests to Waive Additional Court Fees related to jury fees and expenses. DATED: January 11, 2018 MICHAEL B. BASSI A Law Corporation By Senora Aone DONNA L. QUAN Attorney for PLAINTIFFS WALLACE CALLOWAY and ANNETTE RUTLAND CALLOWAY KACalloway, Wallace & Annette\Pleadings\Complaint\Objections to Court Trial.wpd 2 PLAINTIFFS WALLACE CALLOWAY AND ANNETTE RUTLAND CALLOWAY’S OBJECTION TO NOTICE OF TIME AND PLACE OF TRIAL26 Michael B. Bassi A Law Corporation MICHAEL B. BASSI (SBN 75782) RICHARD M. SHEARER (SBN 124604) DONNA L. QUAN (SBN 127795) MICHAEL B. BASSI A Law Corporation 333 Bush St., Ste. 1100 San Francisco, CA 94104 Telephone: (415) 986-8122 Facsimile: (415) 986-0733 Attorneys for PLAINTIFFS WALLACE CALLOWAY and ANNETTE RUTLAND CALLOWAY SUPERIOR COURT OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO WALLACE CALLOWAY and ANNETTE) NO. CGC-17-560692 RUTLAND CALLOWAY, EXHIBIT A TO PLAINTIFFS WALLACE CALLOWAY AND ANNETTE RUTLAND CALLOWAY’S OBJECTION TO NOTICE OF TIME AND PLACE OF TRIAL Plaintiffs, v. LATARA R. REED, Individually and as Successor Trustee of The Barbara A. Calloway Revocable Trust created December 19, 2006, JANISA R. FRANCIS, and all persons unknown claiming any interest in the property, named as DOES | to 25, inclusive, Decedents. SS SSS SSS SSCM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Gar number, and address) FOR COURT USE ONLY MICHAEL B. BASSI (SBN 75782); RICHARD M. SHEARER (SBN 124604) MICHAEL B. BASSI, A Law Corporation 333 Bush St., Ste. 1100 San Francisco, CA 94104 revepone wo: (415) 986-8122 FAX No.(optonan: (415) 986-0733 ELECTRONICALLY EMAIL ADDRESS (Optionay: mbbassi@bassilaw.com; rmshearer@bassilaw.com FILED ATTORNEY FOR Noma): Plaintifs WALLACE CALLOWAY and ANNETTE GALLOWAY Bageetal| cate ct Caterelaja| SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco streetaooress: 400 McAllister St. 12/19/2017 MAILING ADDRESS: Clerk of the Court cirvanozecooe. San Francisco, CA 94102 BY:KALENE APOLONIO BRANCH NAME. Deputy Clerk PLAINTIFE/PETITIONER: WALLACE CALLOWAY and ANNETTE RUTLAND CALLOWAY DEFENDANTIRESPONDENT: LATARA R. REED; JANISA R. FRANCIS CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): (UNLIMITED CASE CJ LiMiTED CASE CGC-17-560692 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 17, 2018 Time: 10:30a.m. Dept: 610 Div. Room: Address of court (if different from the address above): CJ Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 4, Party or parties (answer one): a. (&] This statement is submitted by party (name): Plaintiffs WALLACE CALLOWAY and ANNETTE RUTLAND CALLOWAY b. (CQ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 8/14/2017 b. (QJ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [LJ The following parties named in the complaint or cross-complaint (1) [OJ have not been served (specify names and explain why not): (2) [Cy have been served but have not appeared and have not been dismissed (specify names): (3) (Cy have had a default entered against them (specify names): c. (J The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case . a. Typeofcasein [complaint [7] cross-complaint (Describe, including causes of action): Plaintiffs are the brother and sister-in-law of Barbara A. Calloway who died on March 29,2017. Plaintiffs’ causes of action are: (1) Breach of Contract-Promissory Estoppel; (2) Quasi-Specific Performance of Contract to Make a Will; (3) Partition by Sale; (4) Declaratory Relief; (5) Reasonable Value of Work, Labor, and Services (Common Count in Quantum Meruit); and (6) Breach of the Covenant of Quiet Enjoyment. - 7 7 Page tof 5 Farm Adopted for Markiatory Use CUB Essential CASE MANAGEMENT STATEMENT or Sige CeeoiRer July. 20 LD | etrorme:CM-110 [__ PLAINTIFF/PETITIONER: WALLACE CALLOWAY and CASE NUMBER: ANNETTE RUTLAND CALLOWAY CGC-17-560692 DEFENDANT/RESPONDENT: LATARA R. REED; JANISA R. FRANCIS 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) [Q) (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 (QQ ajurytrial (2 a nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Jury trial requested on the causes of action for Fifth and Sixth Causes of Action - Reasonable Value of Work, Labor, and Services (Common Count in Quantum Meruit) and Breach of the Covenant of Quiet Enjoyment 6. Trial date a. (CJ) The trial has been set for (date): b. [XJ No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Family Vacations: 12/22/2018-1/10/2018; 2/7/2018-2/21/2018; 2/28/2018-3/4/2018; 7/21/2018-8/13/2018 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. (QJ) days (specify number): Four (4) b. [CJ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [XJ by the attorney or party listed in the caption (22 by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: C2] Additional representation is described in Attachment 8. 9. Preference CJ This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [XJhas [Jj has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [has [CJ has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) (C) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.14 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) (C) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) (KJ 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): Damages exceed $50,000; certain causes of action relate to real property. (CM-4110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 2 of § -B | Essential GB | FoneCM-110 [. PLAINTIFF/PETITIONER: WALLACE CALLOWAY and CASE NUMBER: ANNETTE RUTLAND CALLOWAY DEFENDANT/RESPONDENT: LATARA R. REED; JANISA R. FRANCIS CGC-17-560692 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 all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): (1) Mediation w (J Mediation session not yet scheduled [QQ Mediation session scheduled for (date): 1/16/2018 {1} Agreed to complete mediation by (date): (J Mediation completed on (date): (2) Settlement conference (2 Settlement conference not yet scheduled (CJ Settlement conference scheduled for (date): (2) Agreed to complete settlement conference by (date): (CC) Settlement conference completed on (date): (3) Neutral evaluation (J Neutral evaluation not yet scheduled (J) Neutral evatuation scheduled for (date): (Cy Agreed to complete neutral evaluation by (date): (C] Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration (2) Judicial arbitration not yet scheduled (C} Judicial arbitration scheduled for (date): (2) Agreed to complete judicial arbitration by (date): (] Judicial arbitration completed on (date): (5) Binding private arbitration (CI Private arbitration not yet scheduled (} Private arbitration scheduled for (date): (2) Agreed to complete private arbitration by (date): (J Private arbitration completed on (date): (6) Other (specify): (J ADR session not yet scheduled (CJ ADR session scheduled for (date): CO Agreed to complete ADR session by (date): [CQ ADR completed on (date): (CM-A10 (Rev. July 1, 2011) ER" | Essential CEB | igorme CASE MANAGEMENT STATEMENT Page 3 of 5CM-110 PLAINTIFF/PETITIONER: WALLACE CALLOWAY and CASE NUMBER: | ANNETTE RUTLAND CALLOWAY CGC-17-560692 DEFENDANT/RESPONDENT: LATARA R. REED; JANISA R. FRANCIS 411. Insurance a. (CJ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Ch Yes [J No c. [2] Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. (2 Bankruptcy [C9 Other (specify): Status: 13. Related cases, consolidation, and coordination a. [2] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: (C) Additional cases are described in Attachment 13a. b. [J Amotionto [J consolidate [CJ coordinate will be filed by (name party): 14, Bifurcation (C3 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 {KJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): In limine motions as applicable 16. Discovery a. (] The party or parties have completed all discovery. b. [XQ The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs Wallace & Annette Calloway Deposition of Defendant Janisa Francis 12/18/2017 Deposition of Defendant Latara Reed 12/21/2017 Defendants’ discovery responses to Plaintiffs' propounded 12/14/2017 discovery requests (Form and Special Interrogatories, Requests for Production of Documents, Requests for Admissions) c. [J The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Discovery motions as applicable CM-110 Rev. duly $2011] CASE MANAGEMENT STATEMENT Page 4 of 6 CEB Essential cebzom | f2}FormsCM-110 [_PLAINTIFF/PETITIONER: WALLACE CALLOWAY and CASE NUMBER: ANNETTE RUTLAND CALLOWAY CGC-17-560692 DEFENDANTIRESPONDENT: LATARA R. REED; JANISA R. FRANCIS 17. Economic litigation a. (C]) This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. (CJ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues CJ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 7 19. Meet and confer a. (]) The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (ifany); Lo tam 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: December /Z 2017 VM tal, Lan MICHAEL B. BASSI y (TYPE OR PRINT NAME) (SIGNAPERE Of PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) CC) Additional signatures are attached. CM-110 (Rev. July 4, 2011] CASE MANAGEMENT STATEMENT Page Sof 5 CEB Essential ccbcom | {2]Forms™Coe ND HW CASE TITLE: CASE NUMBER: CALLOWAY, ET AL. v. REED, ET AL. CGC-17-560692 Attachment 4b: Decedent Barbara A. Calloway promised Plaintiffs that she would give Plaintiffs a life estate in her Gilman Ave. Residence in exchange for their many years of providing personal services to decedent, including but not limited to, caring for her during her illness(es), providing companionship, housekeeping, emotional and moral support, and chauffeur services. Decedent promised to include Plaintiffs in her estate, dividing her estate 4-ways between Plaintiffs and Defendants, in exchange for Plaintiffs' services and did not do so when she died. Plaintiffs each seek a life estate in decedent's Gilman Ave. Residence. Plaintiffs each seek 25% of the Barbara A. Calloway Trust assets. Plaintiffs also seek to have decedent’s real properties partitioned by sale. Plaintiffs seek declaratory relief that they are beneficiaries of decedent’s estate pursuant to her promises to them. Plaintiffs each seek compensatory damages for quantum meruit for the labor they performed for decedent, and compensatory damages and statutory civil penalties for Defendants’ breach of the covenant of quiet enjoyment of Plaintiffs’ occupancy of the Gilman Ave. Residence. KACalloway, Wallace & Annette\Pleadings\Complaint\Case Mgmt Statement_Attachment 4b.wpdPOS-030 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address) FOR COURT USE ONLY Mu EL 8. BASSI (75782); DONNA L. QUAN (127795) MICHAEL B. BASSI A LAW CORPORATION 333 Bush St., Ste. 1100 San Francisco, CA 94104 eveproneno.. (415) 986-8122 FaxNo (Option; (415) 986-0733 E-MAIL ADDRESS (Option), ~mbbassi@bassilaw.com; dlquan@bassilaw.com ATTORNEY FOR (Name! Plaintiffs WALLACE CALLOWAY and ANNETTE ELECTRONICALLY ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO FILED streeraopress: 400 McAllister St. Superior Court of Catifornia, MAILING ADDRESS: County of San Francisco cmyanozecoo: San Francisco, CA 94102 12/19/2017 BRANCH NAME: Clerk of the Court PETITIONERPLAINTFF, WALLACE CALLOWAY and a cess ciele ANNETTE RUTLAND CALLOWAY RESPONDENT/DEFENDANT: LATARA R. REED; JANISA R. FRANCIS CASE NUMBER: PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL COC. 1717-56069 (Do not use this Proof of Service to show service of a Summons and Complaint.) 1. fam over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place. 2. My residence or business address is: 333 Bush Street, Ste. 1100 San Francisco, CA 94104 3. On (date): December 19, 2017 I mailed from (city and state): San Francisco, California the following documents (specify): Case Management Statement CJ The documents are listed in the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served) (form POS-030(D)). 4. | served the documents by enclosing them in an envelope and(check one): a. (C} depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. [X} placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 5. The envelope was addressed and mailed as follows: a. Name ofperson served: Gregory John Wood, Esq. b. Address of person served: Wood Robbins, LLP 1 Post St., Ste. 800 San Francisco, CA 94104 (C]) The name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail-Civil (Persons Served) (POS-030(P)). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and corregf, Date) December 19, 2017 / A. Margit Macomber ‘(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) b. OT aon OP FEeON Abas THis FORM) Fem Approved fr pln Uso PROOF OF SERVICE BY FIRST-CLASS MAIL - dvi Cede Gi Procedure, §§ 1013, 10130 B68 boo tiew January 12005, CEP | Essential (Proof of Service) eee Forms:26 Michael B. Bassi A Law Corporation MICHAEL B. BASSI (SBN 75782) RICHARD M. SHEARER (SBN 124604) DONNA L. QUAN (SBN 127795) MICHAEL B. BASSI A Law Corporation 333 Bush St., Ste. 1100 San Francisco, CA 94104 Telephone: (415) 986-8122 Facsimile: (415) 986-0733 Attorneys for PLAINTIFFS WALLACE CALLOWAY and ANNETTE RUTLAND CALLOWAY SUPERIOR COURT OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO WALLACE CALLOWAY and ANNETTE) RUTLAND CALLOWAY, Plaintiffs, Vv. LATARA R. REED, Individually and as Successor Trustee of The Barbara A. Calloway Revocable Trust created December 19, 2006, JANISA R. FRANCIS. and all persons unknown claiming any ) interest in the property, named as DOES 1 to) 25, inclusive, Decedents. LoS NO. CGC-17-560692 EXHIBIT B TO PLAINTIFFS WALLACE CALLOWAY AND ANNETTE RUTLAND CALLOWAY’S OBJECTION TO NOTICE OF TIME AND PLACE OF TRIALCM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): ‘FOR COURT USE ONLY ! Gregory J. Wood (SBN 200780); Kristen E. Drake (SBN 202827) WOOD ROBBINS, LLP, One Post Street, Suite 800 San Francisco, CA 94104 TELEPHONE No.: (415) 247-7900 FAX NO. (Optionay: (415) 247-7901 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendants Latara Reed and Janisa Francis SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aooress: 400 McAllister Street MalLING adoRess: 400 McAllister Street city AND ziP Cove: San Francisco, CA 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Wallace Calloway, et al. DEFENDANT/RESPONDENT: Latara Reed, et al. CASE MANAGEMENT STATEMENT ‘CASE NUMBER: UNLIMITED CASE [ uitep case CGC-17-560692 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) (Check one): A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 17, 2018 Time: 10:30 a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): [) Notice of intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [_] This statement is submitted by party (name): This statement is submitted jointly by parties (names): Defendants Latara Reed and Janisa Francis 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b, [7] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [2] Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [2] The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [1 have had a default entered against them (specify names): c. [J The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint [1] cross-complaint (Describe, including causes of action): Plaintiffs, the brother and sister-in-law of the deceased, bring various causes of action including breach of contract for monies and property they claim to be due for allegedly providing caretaking services. page tots Formal Counce Calera CASE MANAGEMENT STATEMENT Gal Ra fom, ‘CM-110 (Rev. July 1, 2011}, winw.courts.ca.govCM-110 PLAINTIFF/PETITIONER: Wallace Calloway, et al. Seer -_ GC-17-5601 DEFENDANT/RESPONDENT: Latara Reed, et al. eee 4. b. Provide a brief statement of the case, including any damages. (/f 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.) Plaintiffs each seek 25% of the deceased trust's assets, which include real property and bank accounts. The trust names Defendant Latara Reed as trustee and Defendants Janisa Francis and Latara Reed as the sole beneficiaries. [1 (ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request ajury trial [] anonjurytrial. (if more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [_] 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 1/8/18-1/19/18; 1/29/18-2/9/18; 3/28/18-4/1 1/18; 5/21/18-6/8/18; 10/29/18-1 1/15/18; 1/18/19-2/1/19 (other trials). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a days (specify number): 5-7 days b. [7] hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial [47] by the attorney or party listed in the caption [7] by the following: a. Attorney: b. Firm: c, Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: (1) Additional representation is described in Attachment 8. 9. Preference [-] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a, ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has [—] has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [J has [J has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [£2] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the Statutory limit. (2) [_] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) [] This case is exempt from judi mediation under Code of Ci ial arbitration under rule 3.811 of the California Rules of Court or from civil action il Procedure section 1775 et seq. (specify exemption): CHO Rev. sy 1.204 CASE MANAGEMENT STATEMENT PagezeréCM-110 | PLAINTIFF/PETITIONER: Wallace Calloway, et al. DEFENDANT/RESPONDENT: Latara Reed, et al. CASE NUMBER: CGC-17-560692 10. ¢. Indicate the ADR process or pracesses that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): (1) Mediation Cc Mediation session not yet scheduled Mediation session scheduled for (date): 1/16/18 Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (6) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): OOOO; O000;/0000;0000;0000)00 ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): ‘CM-110 (Rev. July 4, 2011) CASE MANAGEMENT STATEMENT Pages of §PLAINTIFF/PETITIONER: Wallace Calloway, et al. CM-140 CASE NUMBER: CGC-17-560692 DEFENDANT/RESPONDENT: _Latara Reed, et al. 11. Insurance a. [1] insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [-_] Yes [_] No c [1 coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [7 Bankruptcy ] other (specify): Status: 13. Related cases, consolidation, and coordination a. [_] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [1 Additional cases are described in Attachment 13a. b. [J] Amotionto [£7] consolidate [[_] coordinate will be filed by (name party): 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions Motion to expunge lis pendens. The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. (_] The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe ail anticipated discovery): Party, Description Date Defendants Written discovery TN Defendants Percipient witness discovery AITN8 Defendants Expert witness discovery Per CCP c. [-_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ‘CM-110 [Rev. July 1, 2041] CASE MANAGEMENT STATEMENT Page 4 ofSCM-110 PLAINTIFF/PETITIONER: Wallace Calloway, et al. (CASE NUMBER: CGC-17-560692 DEFENDANT/RESPONDENT: _Latara Reed, et al. 17. Economic litigation a. [] This is a limited civil case (ie., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [) This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues [=] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. [1 The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 2. tam 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: December 9872017 Kristen E. Drake b Kaiskinr (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) > (TYEE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [1] Additional signatures are attached. Git Row Jay 207 CASE MANAGEMENT STATEMENT Page 50t5Como YM A HW Bw! HY DO eae BS XxR.< FRR RBKRYBSEREAREE SK STS PROOF OF SERVICE I, Cristina D. Herrera, declare that: At the time of service, I was over 18 years of age and not a party to this action. My business address is One Post Street, Suite 800, San Francisco, CA 94104. On January 2. 2018, I served the following documents: DEFENDANTS LATARA REED AND JANISA FRANCIS’S CASE MANAGEMENT STATEMENT in said cause on the following interested parties: Michael B. Bassi, Esq. Counsel for Plaintiffs Richard M. Shearer, Esq. WALLACE CALLOWAY and Dinna L. Quan, Esq. ANNETTE RUTLAND CALLOWAY MICHAEL B. BASSI A Law Corporation 333 Bush St., Suite 1100 San Francisco, CA 94104 The documents were served by the following means: X By United States mail. I enclosed the documents in a sealed envelope or package = addressed to the persons at the addresses above and deposited the sealed envelope with] the United States Postal Service, with the postage fully prepaid. By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed in item 5. = No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses above. I —— placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. By messenger service. I served the documents by placing them in an envelope or = package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. By e-service. Pursuant to San Francisco County Superior Court Local Rule 2.10, I caused the documents described above to be transmitted to an approved vendor for e- service on January 2, 2018 on the persons listed above. No error was reported in the transmission of the documents. By electronic mail. J caused the documents to be sent to the persons at the electronic = service addressed listed in above. 2 PROOF OF SERVICE, CASE NO. CGC-17-560692I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed January 2. 2018. at San Francisco, California. Cristina D. Herrera 3 PROOF OF SERVICE, CASE NO. CGC-17-560692