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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
NAME: Lisa C. McCurdy (SBN 228755); Layal L. Bishara (SBN 329154)
FIRM NAME: Greenberg Traurig, LLP
STREET ADDRESS: 1840 Century Park East, Suite 1900
CITY: Los Angeles STATE: CA ZIP CODE: 90067
TELEPHONE NO.: 310-586-7700 FAX NO.:
EMAIL ADDRESS: mccurdyL@GTLaw.com; bisharaL@GTLaw.com
ATTORNEY FOR (name): Plainitff Sean Duggan
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
STREET ADDRESS: 600 Administration Drive
MAILING ADDRESS:
CITY AND ZIP CODE: Santa Rosa, CA 95403
BRANCH NAME: Hall of Justice
PLAINTIFF/PETITIONER: Sean Duggan
DEFENDANT/RESPONDENT: Lynn Duggan, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE SCV-268905
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: April 18, 2024 Time: 3:00:00 PM Dept.: 17 Div.: Room:
Address of court (if different from the address above):
3035 Cleveland Avenue, Suite 200, Santa Rosa, CA 95403
Notice of Intent to Appear by Telephone, by (name): Lisa McCurdy; Layal Bishara; Mitchell Greenberg
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): Plaintiff Sean Duggan
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): July 26, 2021, amd. August 11, 2023
b. The cross-complaint, if any, was filed on (date):
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):
Plaintiff brings claims on behalf of himself and derivatively on behalf of the Partnership for declaratory relief; accounting; breach
of contract; breach of fiduciary duty; and fraud & deceit for wrongful actions by Lynn Duggan and Kelly Moffat, limited partners
and purported general partner, in connection with Partnership and Partnership property.
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: Sean Duggan CASE NUMBER:
DEFENDANT/RESPONDENT: Lynn Duggan, et al. SCV-268905
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):
This claims in this case concern the misconduct of Defendant Lynn Duggan and Kelly Moffat, who are partners (along with
Plaintiff) in the Limited Partnership. Specifically, Defendants committed multiple breaches and defaults under the Partnership
agreement and related documents, breached fiduciary duties, and engaged in fraud and deceit by (inter alia) reducing loan
collateral and contracting to sell Partnership property without authority and on terms/in a manner that breaches duties.
(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):
Discovery must be completed and a sale transaction is pending. Please see Attachment 4b.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
June 20-July 8, 2024 (trial); July 19-26, 2024 (travel); August 6-23 (trial); September 6-October 4 (trial); November 22-29
(travel)
7. Estimated length of trial
The party or parties estimate that the trial will take (check one)
a. days (specify number): 7-10
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: Sean Duggan CASE NUMBER:
DEFENDANT/RESPONDENT: Lynn Duggan, et al. SCV-268905
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
PLAINTIFF/PETITIONER: Sean Duggan CASE NUMBER:
DEFENDANT/RESPONDENT: Lynn Duggan, et al. SCV-268905
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
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):
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
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: Sean Duggan CASE NUMBER:
DEFENDANT/RESPONDENT: Lynn Duggan, et al. SCV-268905
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):
20. Total number of pages attached (if any):
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: 4/3/2024
/s/ Lisa C. McCurdy
Lisa C. McCurdy
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(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
Attachment 4b
As the Court will recall from Plaintiff’s motion for leave to file a second amended
complaint and motion for continuance, Defendants have placed the Partnership property under
contract for sale on terms and under conditions to which Plaintiff objected and that form the basis
for certain of the key claims in this case. Since the Court granted Plaintiff’s request for continuance
in January 2024, Defendants have continued to extend the closing date, most recently with the
Fourteenth Amendment to purchase and sale agreement extending the closing to April 30, 2024.
Plaintiff’s position continues to be that this case cannot be tried, and Plaintiff cannot prepare for
trial (including expert opinions and testimony regarding damages, and fact discovery regarding the
transaction, including depositions) until the sale transaction either closes or is terminated.
Proceeding otherwise would unfairly prejudice Plaintiff and be contrary to interests of judicial
economy.
For this reason, it is Plaintiff’s position that setting a trial date continues to be premature
and requests that a continued status conference be scheduled on a date and time acceptable to the
Court. 1
1
Plaintiff has no visibility into the reasons why the transaction closing continues to be extended.
Plaintiff has been told nothing other than a general statement by Lynn Duggan’s counsel that the
closing has been repeatedly delayed pending completion of an appraisal for financing purposes.
That explanation makes little sense, however, in a transaction where (to Plaintiff’s knowledge
based on the transaction documents produced) over half of the purchase price is seller carry-back
financing the buyer already waived its right to terminate the agreement except for issues
concerning the deed of trust and environmental insurance.
ACTIVE 696200607
Attachment 8
Plaintiff also is represented, and also will be represented at trial by:
Mitchell B. Greenberg (SBN 114878)
ABBEY, WEITZENBERG, WARREN & EMERY, PC
100 Stony Point Road, Suite 200
Santa Rosa, CA 95401
Telephone: (707) 542-5050
MGreenberg@abbeylaw.com
ACTIVE 696200607
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the aforesaid county, State of California; I am over the age of 18 years and not
a party to the within action; my business address is 1840 Century Park East, Suite 1900, Los Angeles,
4 CA 90067-2121; my email address is: bisharal@gtlaw.com
5 On April 3, 2024, I served PLAINTIFF SEAN DUGGAN’S CASE MANAGEMENT
CONFERENCE STATEMENT on the interested parties in this action as follows:
6
Anne Olsen Attorneys for Defendant Lynn Duggan
7 Noland, Hamerly, Etienne & Hoss, APC
8 333 Salinas Street, P.O. Box 2510
Salinas, CA 93902
9 Email: aolsen@nheh.com
parce@nheh.com
10
Marshall E. Bluestone Attorneys for Defendant Duggan Family Limited Partnership
11 Bluestone Faircloth & Olson, LLP
th
12 1825 4 Street
Santa Rosa, CA 95404
13 Email: marshall@bfolegal.com
Email: emilee@bfolegal.com
14
Michael Schklovsky Attorneys for Defendant Kelly Moffat
15 Anderson Zeigler, APC
th
16 50 Old Courthouse Square, 5 Fl.
Santa Rosa, CA 95404
17 Email: mshklovsky@andersonzeigler.com
jcook@andersonzeigler.com
18 sflores@andersonzeigler.com
19
20 (BY E-MAIL) I caused the above document(s) to be transmitted to the office(s) of the
addressee(s) listed above by electronic mail at the e-mail address(es) set forth above per
21 agreement and consent of the addressee(s). The document was served electronically and the
transmission was reported complete and without error.
22
(STATE) I declare under penalty of perjury under the laws of the State of California
23 that the foregoing is true and correct.
24 Executed on April 3, 2024 at Los Angeles, California.
25 /s/ Layal Bishara
Layal L. Bishara
26
27
28
1
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: Lisa C. McCurdy (SBN 228755); Layal L. Bishara (SBN 329154) FIRM NAME: Greenberg Traurig, LLP STREET ADDRESS: 1840 Century Park East, Suite 1900 CITY: Los Angeles STATE: CA ZIP CODE: 90067 TELEPHONE NO.: 310-586-7700 FAX NO.: EMAIL ADDRESS: mccurdyL@GTLaw.com; bisharaL@GTLaw.com ATTORNEY FOR (name): Plainitff Sean Duggan SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA STREET ADDRESS: 600 Administration Drive MAILING ADDRESS: CITY AND ZIP CODE: Santa Rosa, CA 95403 BRANCH NAME: Hall of Justice PLAINTIFF/PETITIONER: Sean Duggan DEFENDANT/RESPONDENT: Lynn Duggan, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE SCV-268905 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 18, 2024 Time: 3:00:00 PM Dept.: 17 Div.: Room: Address of court (if different from the address above): 3035 Cleveland Avenue, Suite 200, Santa Rosa, CA 95403 Notice of Intent to Appear by Telephone, by (name): Lisa McCurdy; Layal Bishara; Mitchell Greenberg 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): Plaintiff Sean Duggan b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): July 26, 2021, amd. August 11, 2023 b. The cross-complaint, if any, was filed on (date): 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): Plaintiff brings claims on behalf of himself and derivatively on behalf of the Partnership for declaratory relief; accounting; breach of contract; breach of fiduciary duty; and fraud & deceit for wrongful actions by Lynn Duggan and Kelly Moffat, limited partners and purported general partner, in connection with Partnership and Partnership property. 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: Sean Duggan CASE NUMBER: DEFENDANT/RESPONDENT: Lynn Duggan, et al. SCV-268905 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): This claims in this case concern the misconduct of Defendant Lynn Duggan and Kelly Moffat, who are partners (along with Plaintiff) in the Limited Partnership. Specifically, Defendants committed multiple breaches and defaults under the Partnership agreement and related documents, breached fiduciary duties, and engaged in fraud and deceit by (inter alia) reducing loan collateral and contracting to sell Partnership property without authority and on terms/in a manner that breaches duties. (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): Discovery must be completed and a sale transaction is pending. Please see Attachment 4b. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): June 20-July 8, 2024 (trial); July 19-26, 2024 (travel); August 6-23 (trial); September 6-October 4 (trial); November 22-29 (travel) 7. Estimated length of trial The party or parties estimate that the trial will take (check one) a. days (specify number): 7-10 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: Sean Duggan CASE NUMBER: DEFENDANT/RESPONDENT: Lynn Duggan, et al. SCV-268905 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 PLAINTIFF/PETITIONER: Sean Duggan CASE NUMBER: DEFENDANT/RESPONDENT: Lynn Duggan, et al. SCV-268905 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): 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): 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 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: Sean Duggan CASE NUMBER: DEFENDANT/RESPONDENT: Lynn Duggan, et al. SCV-268905 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): 20. Total number of pages attached (if any): 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: 4/3/2024 /s/ Lisa C. McCurdy Lisa C. McCurdy (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (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 Attachment 4b As the Court will recall from Plaintiff’s motion for leave to file a second amended complaint and motion for continuance, Defendants have placed the Partnership property under contract for sale on terms and under conditions to which Plaintiff objected and that form the basis for certain of the key claims in this case. Since the Court granted Plaintiff’s request for continuance in January 2024, Defendants have continued to extend the closing date, most recently with the Fourteenth Amendment to purchase and sale agreement extending the closing to April 30, 2024. Plaintiff’s position continues to be that this case cannot be tried, and Plaintiff cannot prepare for trial (including expert opinions and testimony regarding damages, and fact discovery regarding the transaction, including depositions) until the sale transaction either closes or is terminated. Proceeding otherwise would unfairly prejudice Plaintiff and be contrary to interests of judicial economy. For this reason, it is Plaintiff’s position that setting a trial date continues to be premature and requests that a continued status conference be scheduled on a date and time acceptable to the Court. 1 1 Plaintiff has no visibility into the reasons why the transaction closing continues to be extended. Plaintiff has been told nothing other than a general statement by Lynn Duggan’s counsel that the closing has been repeatedly delayed pending completion of an appraisal for financing purposes. That explanation makes little sense, however, in a transaction where (to Plaintiff’s knowledge based on the transaction documents produced) over half of the purchase price is seller carry-back financing the buyer already waived its right to terminate the agreement except for issues concerning the deed of trust and environmental insurance. ACTIVE 696200607 Attachment 8 Plaintiff also is represented, and also will be represented at trial by: Mitchell B. Greenberg (SBN 114878) ABBEY, WEITZENBERG, WARREN & EMERY, PC 100 Stony Point Road, Suite 200 Santa Rosa, CA 95401 Telephone: (707) 542-5050 MGreenberg@abbeylaw.com ACTIVE 696200607 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the aforesaid county, State of California; I am over the age of 18 years and not a party to the within action; my business address is 1840 Century Park East, Suite 1900, Los Angeles, 4 CA 90067-2121; my email address is: bisharal@gtlaw.com 5 On April 3, 2024, I served PLAINTIFF SEAN DUGGAN’S CASE MANAGEMENT CONFERENCE STATEMENT on the interested parties in this action as follows: 6 Anne Olsen Attorneys for Defendant Lynn Duggan 7 Noland, Hamerly, Etienne & Hoss, APC 8 333 Salinas Street, P.O. Box 2510 Salinas, CA 93902 9 Email: aolsen@nheh.com parce@nheh.com 10 Marshall E. Bluestone Attorneys for Defendant Duggan Family Limited Partnership 11 Bluestone Faircloth & Olson, LLP th 12 1825 4 Street Santa Rosa, CA 95404 13 Email: marshall@bfolegal.com Email: emilee@bfolegal.com 14 Michael Schklovsky Attorneys for Defendant Kelly Moffat 15 Anderson Zeigler, APC th 16 50 Old Courthouse Square, 5 Fl. Santa Rosa, CA 95404 17 Email: mshklovsky@andersonzeigler.com jcook@andersonzeigler.com 18 sflores@andersonzeigler.com 19 20 (BY E-MAIL) I caused the above document(s) to be transmitted to the office(s) of the addressee(s) listed above by electronic mail at the e-mail address(es) set forth above per 21 agreement and consent of the addressee(s). The document was served electronically and the transmission was reported complete and without error. 22 (STATE) I declare under penalty of perjury under the laws of the State of California 23 that the foregoing is true and correct. 24 Executed on April 3, 2024 at Los Angeles, California. 25 /s/ Layal Bishara Layal L. Bishara 26 27 28 1 PROOF OF SERVICE