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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY 129306/240872
STATE BAR NUMBER: FOR COURT USE ONLY
NAME: Gregory Spallas/Scott Freedman
FIRM NAME: Phillips, Spallas & Angstadt/Zacks & Freedman
STREET ADDRESS: 560 Mission St., Ste. 1010/601 Montgomery St., Suite 400
CITY: San Francisco STATE: CA ZIP CODE: 94105/94111
TELEPHONE NO.: 415-278-9400/415-956-8100 FAX NO.: 415-278-9411/415-288-975
EMAIL ADDRESS: gspallas@psalaw.net/scott@zfplaw.com
ATTORNEY FOR (name): Thomas Paul Pier and Michela Alioto-Pier
SUPERIOR COURT OF CALIFORNIA, COUNTY OF NAPA
STREET ADDRESS: 1111 Third Street
MAILING ADDRESS: 1111 Third Street
CITY AND ZIP CODE: Napa, CA 94559
BRANCH NAME:
PLAINTIFF/PETITIONER: Thomas
Paul Pier, et al.
DEFENDANT/RESPONDENT: Michael Marston, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE 23CV001331
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 26, 2024 Time: 8:30 a.m. Dept.: B Div.: Civil Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Gregory Spallas/Scott Freedman
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): Michael Marston and Alexandra Marston
b. This statement is submitted jointly by parties (names): Plaintiffs and Cross-Defendants Pier and Alioto-Pier
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): October 17, 2023; FAC filed on November 27, 2023
b. The cross-complaint, if any, was filed on (date): January 18, 2024
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
This lawsuit arises out of the Defendants' termination of their tenancy in a residence owned by the Plaintiffs. Plaintiffs bring causes
of action for breach of contract, misrepresentation, and failure to disclose. Defendants, based on the same tenancy, cross-claim
against Plaintiffs for breach of the warranty of habitability and wrongful retention of security deposit.
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. January 1, 2024] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Thomas Paul Pier, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Michael Marston, et al. 23CV001331
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
earnings to date, and estimated future lost earnings; if equitable relief is sought, describe the nature of the relief):
Cross-Defendant landlords engaged in good faith efforts to investigate and respond to Defendants' complaints of alleged mold. Despite
this, Defendants prematurely terminated the lease. Cross-Defendants deny any damages claimed by Defendants via their
Cross-Complaint.
(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 a jury triaI a nonjury trial. (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):
b. 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):
Defendants did not Answer the FAC until 1/18/24. Defts also requested a 30 day extension for disc resp
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
see attachment for plaintiff/cross-defendants’ unavailability
7. Estimated length of trial
The party or parties estimate that the trial will take (check one)
a. days (specify number): 4-6
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. Email address: g. Party represented:
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 of the California Rules of Court for information about the
processes available through the court and community programs in this case.
(1) For parties represented by counsel: Counsel has has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) 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 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):
Page 2 of 5
CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Thomas Paul Pier, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Michael Marston, et al. 23CV001331
10. c. In the table below, 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 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' ADR
processes (check all that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
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):
Page 3 of 5
CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT
CM-110
Thomas Paul Pier, et al.
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT: Michael Marston, et al. 23CV001331
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name): Cincinnati Insurance Co.
b. Reservation of rights: Yes No
c. 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.
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:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII 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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
motions in limine, possible motion for summary judgment
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Written Discovery May 2024
Defendants Written Discovery June 2024
Defendants Non-Expert Depositions October 2024
Defendants Expert Discovery December 2024
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page 4 of 5
CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Thomas Paul Pier, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Michael Marston, et al. 23CV001331
17. Economic litigation
a. This is a limited civil case (i.e., the amount demanded is $35,000 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. 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):
Both sides are amendable to court sponsored MSC. The parties are also amendable to a Further CMC in
120 days.
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 written authority of the party where required.
Date: 03/11/2024
Gregory Spallas
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Scott A. Freedman
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT Page 5 of 5
For your protection and privacy, please press the Clear
This Form button after you have printed the form. Print this form Save this form Clear this form
MC-025
CASE NUMBER:
SHORT TITLE:
Thomas Paul Pier, et al. v. Michael Marston, et al. 23CV001331
ATTACHMENT (Number): 6.d.
(This Attachment may be used with any Judicial Council form.)
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.)
(Add pages as required)
www.courtinfo.ca.gov
Form Approved for Optional Use
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009] to Judicial Council Form
MC-025
CASE NUMBER:
SHORT TITLE:
Thomas Paul Pier, et al. v. Michael Marston, et al. 23CV001331
ATTACHMENT (Number): 6c
(This Attachment may be used with any Judicial Council form.)
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.)
(Add pages as required)
www.courtinfo.ca.gov
Form Approved for Optional Use
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009] to Judicial Council Form
1 PROOF OF SERVICE
Thomas Pier, et a, v. Michael Marston, et al.
2 Napa County Superior Court Case No. 23CV001331
3 I, the undersigned, declare:
4 I am employed in the County of San Francisco, State of California. I am over the age of 18 and am
5 not a party to the within action. My business address is PHILLIPS, SPALLAS & ANGSTADT LLP, 560
6 Mission Street, Suite 1010, San Francisco, CA 94105.
7 On March 11, 2024, I served the foregoing document(s) described as:
8 1. CASE MANAGEMENT STATEMENT
9 on all other parties and/ or their attorney(s) of record to this action as follows:
Scott Freedman Richard Van Duzer, Esq.
10 Zacks & Freedman Daniel Contreras, Esq.
601 Montgomery Street, Suite 400 Farella Braun + Martell LLP
11 San Francisco, CA 94111 E: rvanduzer@fbm.com
E: scott@zfplaw.com E: dcontreras@fbm.com
12 Counsel for Plaintiffs Counsel for Defendants/Cross-Complainants
13
14 BY MAIL SERVICE: by placing such envelopes for collection and to be mailed on this date
following ordinary business practices.
15 By FACSIMILE: By faxing a copy of the above-referenced document(s) to the addressee at the
number set forth beneath their above-listed address. At the completion of the transmission, a
16 Transmission Report was generated, confirming transmission and receipt by the address(es).
17 By E-MAIL: based on a court order or an agreement of the parties to accept service by e-mail
or electronic transmission, I caused the document to be sent to the persons at the e-mail
18 addresses listed above. I did not receive, within a reasonable time after the transmission, an
electronic message or other indication that the transmission was unsuccessful.
19
By PERSONAL DELIVERY: By personally delivering a true copy thereof to the person(s)
20 and at the address(es) set forth above.
21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true
22 and correct. Executed on March 11, 2024 at Walnut Creek, California.
23
24
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Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY 129306/240872 STATE BAR NUMBER: FOR COURT USE ONLY NAME: Gregory Spallas/Scott Freedman FIRM NAME: Phillips, Spallas & Angstadt/Zacks & Freedman STREET ADDRESS: 560 Mission St., Ste. 1010/601 Montgomery St., Suite 400 CITY: San Francisco STATE: CA ZIP CODE: 94105/94111 TELEPHONE NO.: 415-278-9400/415-956-8100 FAX NO.: 415-278-9411/415-288-975 EMAIL ADDRESS: gspallas@psalaw.net/scott@zfplaw.com ATTORNEY FOR (name): Thomas Paul Pier and Michela Alioto-Pier SUPERIOR COURT OF CALIFORNIA, COUNTY OF NAPA STREET ADDRESS: 1111 Third Street MAILING ADDRESS: 1111 Third Street CITY AND ZIP CODE: Napa, CA 94559 BRANCH NAME: PLAINTIFF/PETITIONER: Thomas Paul Pier, et al. DEFENDANT/RESPONDENT: Michael Marston, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 23CV001331 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 26, 2024 Time: 8:30 a.m. Dept.: B Div.: Civil Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Gregory Spallas/Scott Freedman 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): Michael Marston and Alexandra Marston b. This statement is submitted jointly by parties (names): Plaintiffs and Cross-Defendants Pier and Alioto-Pier 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): October 17, 2023; FAC filed on November 27, 2023 b. The cross-complaint, if any, was filed on (date): January 18, 2024 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): This lawsuit arises out of the Defendants' termination of their tenancy in a residence owned by the Plaintiffs. Plaintiffs bring causes of action for breach of contract, misrepresentation, and failure to disclose. Defendants, based on the same tenancy, cross-claim against Plaintiffs for breach of the warranty of habitability and wrongful retention of security deposit. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. January 1, 2024] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Thomas Paul Pier, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Michael Marston, et al. 23CV001331 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 earnings to date, and estimated future lost earnings; if equitable relief is sought, describe the nature of the relief): Cross-Defendant landlords engaged in good faith efforts to investigate and respond to Defendants' complaints of alleged mold. Despite this, Defendants prematurely terminated the lease. Cross-Defendants deny any damages claimed by Defendants via their Cross-Complaint. (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 a jury triaI a nonjury trial. (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): b. 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): Defendants did not Answer the FAC until 1/18/24. Defts also requested a 30 day extension for disc resp c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): see attachment for plaintiff/cross-defendants’ unavailability 7. Estimated length of trial The party or parties estimate that the trial will take (check one) a. days (specify number): 4-6 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. Email address: g. Party represented: 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 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 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): Page 2 of 5 CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Thomas Paul Pier, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Michael Marston, et al. 23CV001331 10. c. In the table below, 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 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' ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): 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): Page 3 of 5 CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT CM-110 Thomas Paul Pier, et al. PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: Michael Marston, et al. 23CV001331 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Cincinnati Insurance Co. b. Reservation of rights: Yes No c. 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. 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: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): motions in limine, possible motion for summary judgment 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs Written Discovery May 2024 Defendants Written Discovery June 2024 Defendants Non-Expert Depositions October 2024 Defendants Expert Discovery December 2024 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Page 4 of 5 CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Thomas Paul Pier, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Michael Marston, et al. 23CV001331 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $35,000 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. 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): Both sides are amendable to court sponsored MSC. The parties are also amendable to a Further CMC in 120 days. 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 written authority of the party where required. Date: 03/11/2024 Gregory Spallas (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Scott A. Freedman (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 5 of 5 For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form MC-025 CASE NUMBER: SHORT TITLE: Thomas Paul Pier, et al. v. Michael Marston, et al. 23CV001331 ATTACHMENT (Number): 6.d. (This Attachment may be used with any Judicial Council form.) (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) www.courtinfo.ca.gov Form Approved for Optional Use Judicial Council of California ATTACHMENT MC-025 [Rev. July 1, 2009] to Judicial Council Form MC-025 CASE NUMBER: SHORT TITLE: Thomas Paul Pier, et al. v. Michael Marston, et al. 23CV001331 ATTACHMENT (Number): 6c (This Attachment may be used with any Judicial Council form.) (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) www.courtinfo.ca.gov Form Approved for Optional Use Judicial Council of California ATTACHMENT MC-025 [Rev. July 1, 2009] to Judicial Council Form 1 PROOF OF SERVICE Thomas Pier, et a, v. Michael Marston, et al. 2 Napa County Superior Court Case No. 23CV001331 3 I, the undersigned, declare: 4 I am employed in the County of San Francisco, State of California. I am over the age of 18 and am 5 not a party to the within action. My business address is PHILLIPS, SPALLAS & ANGSTADT LLP, 560 6 Mission Street, Suite 1010, San Francisco, CA 94105. 7 On March 11, 2024, I served the foregoing document(s) described as: 8 1. CASE MANAGEMENT STATEMENT 9 on all other parties and/ or their attorney(s) of record to this action as follows: Scott Freedman Richard Van Duzer, Esq. 10 Zacks & Freedman Daniel Contreras, Esq. 601 Montgomery Street, Suite 400 Farella Braun + Martell LLP 11 San Francisco, CA 94111 E: rvanduzer@fbm.com E: scott@zfplaw.com E: dcontreras@fbm.com 12 Counsel for Plaintiffs Counsel for Defendants/Cross-Complainants 13 14 BY MAIL SERVICE: by placing such envelopes for collection and to be mailed on this date following ordinary business practices. 15 By FACSIMILE: By faxing a copy of the above-referenced document(s) to the addressee at the number set forth beneath their above-listed address. At the completion of the transmission, a 16 Transmission Report was generated, confirming transmission and receipt by the address(es). 17 By E-MAIL: based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document to be sent to the persons at the e-mail 18 addresses listed above. I did not receive, within a reasonable time after the transmission, an electronic message or other indication that the transmission was unsuccessful. 19 By PERSONAL DELIVERY: By personally delivering a true copy thereof to the person(s) 20 and at the address(es) set forth above. 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 22 and correct. Executed on March 11, 2024 at Walnut Creek, California. 23 24 Lara Casas 25 26 27 28