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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Lawrence S. Andrews SBN: 200458
ARTIANO & ASSOCIATES, APC E-FILED
3828 Carson Street, Suite 102 6/24/2020 5:47 PM
Torrance, CA 90503 Superior Court of California
TELEPHONE NO.: (310)543-1240 543-9850
FAX NO. (Optional):(310) County of Fresno
landrews@artiano
E-MAIL ADDRESS (OptionaO: law .com By: A. Rodriguez, Deputy
Plaintiff,
ATTORNEY FOR (Name) EIKO MATSUOKA
SUPERIOR COURT OF CALIFORNIA, COUNTY OFFRESNO
1130 "O"
STREET ADDRESS: Street
1130 "O"
MAILING ADDRESS: Street
CITY AND ZIP CODE: Fresno, 93 724
BRANCH NAME: B.F.Sisk Courthouse
PLAINTIFF/PETITIONER: MATSUOKA
DEFENDANT/RESPONDENT: HITS ENTERPRISE, INC.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [J[J UNLIMITED CASE O LIMITED CASE 20CECG00767
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:July 9, 2020 Time:3:30 p.m. Dept.:402 Div.: Room:
Address of court (if different from the address above):
DD Notice of Intent to Appear by Telephone, by (nameJ:Lawrence S. Andrews
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. DD This statement is submittedby party (name):Plaintiff, EIKO MATSUOKA
b. D This statement is submitted jointlyby parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): February 28, 2020
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. IT] The following parties named in the complaint or cross-complaint
(1) DD have not been served (specify names and explain why not): Defendant, HIT ENTERPRISE, INC.
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
c. D 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 [J[J complaint D cross-complaint (Describe, including causes of action): Quiet Titleto
Real Property (Adverse Possession)
Page1of5
Cal. Rules of Court,
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3. 720-3. 730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
WestlawDoc& FormBuRder-
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: MATSUOKA
- 20CECG00767
DEFENDANT/RESPONDENT: HITS ENTERPRISE, INC.
4. b. Provide a brief statementof the case, includingany damages. (If personalinjury 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 If equitable relief is sought, describe
future lost earnings. the nature of the relief.)
Plaintifffiled
the instant action for Quiet Title
against Defendant, HITS ENTERPRISE, INC., a Japanesecorporation. Plaintiff
secured
certifiedtranslated copies of the Summons, Complaint, and related documents from English to Japaneseand made arrangements to
send these documents to the Ministryof Foreign Affairs in Japan to assist with
locating and serving the last known CEO of Defendant
as the Defendant was formally dissolved in 2015. Plaintiff
requests a continuance of the Case Management Conference to allow time
for the Ministryof Foreign Affairsto effect service in Japan.
D (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 D a jurytrial [JO a nonjury trial. (If more than one party, providethe name of each party
requesting a jury trial):
6. Trial date
a. D The trialhas been set for (date):
b. [JO No trial date has been set. This case willbe ready for trial within
12 months of the date of the filing
of the complaint (if
not, explain):
c. Dates on which partiesor attorneys willnot be available (specify dates and explain reasons
for trial for unavailability):
7. Estimated length of trial
The party or partiesestimate (check one):
that the trial will take
a. OD days (specify number): 1-2 days
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented
at trial OD by the attorneyor party listed in the
caption D by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described in Attachment 8.
9. Preference
D This case is entitled to preference(specifycode section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note thatdifferent ADR processes are availablein different
courts and communities; read
the ADR information package provided by the court under rule 3.221 for informationabout the processes availablethrough the
court and community programs in thiscase.
(1) For partiesrepresented by counsel: Counsel D has D 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 D has D has not reviewed the ADR informationpackage identified
in rule 3.221.
b. Referral to judicialarbitration or civil action mediation (if available).
(1) D This matter is subjectto mandatory judicial
arbitrationunder 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
statutorylimit.
(2)0 Plaintiff
elects to refer this case to judicial
arbitrationand agrees to limit recovery to the amountspecified in Code of
Civil Procedure section 1141.11.
(3) D This case is exempt from judicialarbitration
under rule 3.811 of the CaliforniaRules of Court or from civil action
mediation under Code of Civil
Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011) Page2of5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUM BER:
PLAINTIFF/PETITIONER : MATSUOKA
-
DEFENDANT/RESPONDENT : HITS ENT ERPRISE, INC.
20CEC G00767
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 providethe specifiedinformation) :
The party or parties completing If the party or parties completing
this formin the case have agreed to
this form are willing to participatein or have already completed an ADR process or processes,
participatein the following ADR indicate the status of the processes(attach a copy of the parlies ' ADR
proce sses (check all that apply) :stipulation) :
OD Mediat ion session not yet scheduled
(1) Mediation OD D Mediation session scheduled for (date) :
D Agreed to complete mediation by (date) :
D Mediation completed on (date) :
OD Settlement conference not yet scheduled
(2) Settlement OD D Settlement conference scheduled for (date) :
conference
D Agreed to complete settlement conference by (date) :
D Settlement conference completed on (date):
D Neutral evaluation not yet scheduled
D D Neutral evaluation scheduled for (date) :
(3) Neutral evaluation
D Agreed to complete neutral evaluationby (date) :
D Neutral evaluation completed on (date) :
D Judicialarbitrationnot yet scheduled
(4) Non binding judicial D D Judicialarbitrationscheduled for (date):
arbitration
D Agreed to complete judicial arbitrationby (date ):
D Judicialarbitrationcompleted on (date) :
D Private arbitration
not yet scheduled
(5) Binding private D D Private arbitration
scheduled for (date) :
arbitration
D Agreed to complete private arbitrationby (date) :
D Private arbitration
completed on (date):
D ADR session not yet scheduled
D D ADR session scheduled for (date) :
(6) Other (specify):
D Agreed to complete ADR session by (date) :
D ADR completed on (date) :
C M-110 [Rev . July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CASE NUMBER:
PLAINTIFF/PETITIONERMA TSUOKA
- 20CECG00767
DEFENDANT/RESPONDENTHJTS ENTERPRISE, INC.
11. Insurance
a. D Insurance carrier,if any, for
party filing
thisstatement (name):
b. Reservation of rights: D Yes D No
c. D Coverage issues will significantly
affectresolution of this case(explain):
12. Jurisdiction
Indicate any matters thatmay affect the court'sjurisdictionor processing of this caseand describe the status.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or relatedcases.
(1)Name of case:
(2)Name of court:
(3)Case number:
(4)Status:
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate willbe filedby (name party):
14. Bifurcation
D The partyor partiesintend to file
a motion for an orderbifurcating,severing, or coordinatingthe following issues or causes of
action (specify moving party, type of motion,and reasons):
15. Other motions
[J[] The party or parties
expect to file the following
motions (specify moving party, type of motion, and issues):
before trial
Plaintiff reservesher right to file any necessarypre-trial
Motions in Limine
16. Discovery
a. D The partyor parties have completed all discovery.
b. DO The following discovery willbe completed by the date specified (describe all anticipated
discovery):
Party Description Date
Plaintiff I st Set of Written
Discovery 60 days after Defendant is
served
c. D The following discovery issues, including issues regarding the discovery of electronically
stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER:MA TSUOKA
20CECG00767
DEFENDANT/RESPONDENT:HITS ENTERPRISE, INC.
17. Economic litigation
a. D 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.D 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 specificallywhy economic litigation proceduresrelatingto discovery or trial
should not apply to this case):
18. Other issues
D 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.D 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):
----
1am 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: June 24, 2020
Lawrence S. Andrews
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM-110 [Rev. July 1, 2011) Page 5 of 5
CASE MANAGEMENT STATEMENT
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Lawrence S. Andrews SBN: 200458 ARTIANO & ASSOCIATES, APC E-FILED 3828 Carson Street, Suite 102 6/24/2020 5:47 PM Torrance, CA 90503 Superior Court of California TELEPHONE NO.: (310)543-1240 543-9850 FAX NO. (Optional):(310) County of Fresno landrews@artiano E-MAIL ADDRESS (OptionaO: law .com By: A. Rodriguez, Deputy Plaintiff, ATTORNEY FOR (Name) EIKO MATSUOKA SUPERIOR COURT OF CALIFORNIA, COUNTY OFFRESNO 1130 "O" STREET ADDRESS: Street 1130 "O" MAILING ADDRESS: Street CITY AND ZIP CODE: Fresno, 93 724 BRANCH NAME: B.F.Sisk Courthouse PLAINTIFF/PETITIONER: MATSUOKA DEFENDANT/RESPONDENT: HITS ENTERPRISE, INC. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [J[J UNLIMITED CASE O LIMITED CASE 20CECG00767 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:July 9, 2020 Time:3:30 p.m. Dept.:402 Div.: Room: Address of court (if different from the address above): DD Notice of Intent to Appear by Telephone, by (nameJ:Lawrence S. Andrews INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. DD This statement is submittedby party (name):Plaintiff, EIKO MATSUOKA b. D This statement is submitted jointlyby parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): February 28, 2020 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. IT] The following parties named in the complaint or cross-complaint (1) DD have not been served (specify names and explain why not): Defendant, HIT ENTERPRISE, INC. (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 [J[J complaint D cross-complaint (Describe, including causes of action): Quiet Titleto Real Property (Adverse Possession) Page1of5 Cal. Rules of Court, Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT rules 3. 720-3. 730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov WestlawDoc& FormBuRder- CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: MATSUOKA - 20CECG00767 DEFENDANT/RESPONDENT: HITS ENTERPRISE, INC. 4. b. Provide a brief statementof the case, includingany damages. (If personalinjury 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 If equitable relief is sought, describe future lost earnings. the nature of the relief.) Plaintifffiled the instant action for Quiet Title against Defendant, HITS ENTERPRISE, INC., a Japanesecorporation. Plaintiff secured certifiedtranslated copies of the Summons, Complaint, and related documents from English to Japaneseand made arrangements to send these documents to the Ministryof Foreign Affairs in Japan to assist with locating and serving the last known CEO of Defendant as the Defendant was formally dissolved in 2015. Plaintiff requests a continuance of the Case Management Conference to allow time for the Ministryof Foreign Affairsto effect service in Japan. D (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 D a jurytrial [JO a nonjury trial. (If more than one party, providethe name of each party requesting a jury trial): 6. Trial date a. D The trialhas been set for (date): b. [JO No trial date has been set. This case willbe ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which partiesor attorneys willnot be available (specify dates and explain reasons for trial for unavailability): 7. Estimated length of trial The party or partiesestimate (check one): that the trial will take a. OD days (specify number): 1-2 days b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial OD by the attorneyor party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D This case is entitled to preference(specifycode section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note thatdifferent ADR processes are availablein different courts and communities; read the ADR information package provided by the court under rule 3.221 for informationabout the processes availablethrough the court and community programs in thiscase. (1) For partiesrepresented by counsel: Counsel D has D 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 D has D has not reviewed the ADR informationpackage identified in rule 3.221. b. Referral to judicialarbitration or civil action mediation (if available). (1) D This matter is subjectto mandatory judicial arbitrationunder 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 statutorylimit. (2)0 Plaintiff elects to refer this case to judicial arbitrationand agrees to limit recovery to the amountspecified in Code of Civil Procedure section 1141.11. (3) D This case is exempt from judicialarbitration under rule 3.811 of the CaliforniaRules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011) Page2of5 CASE MANAGEMENT STATEMENT CM-110 CASE NUM BER: PLAINTIFF/PETITIONER : MATSUOKA - DEFENDANT/RESPONDENT : HITS ENT ERPRISE, INC. 20CEC G00767 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 providethe specifiedinformation) : The party or parties completing If the party or parties completing this formin the case have agreed to this form are willing to participatein or have already completed an ADR process or processes, participatein the following ADR indicate the status of the processes(attach a copy of the parlies ' ADR proce sses (check all that apply) :stipulation) : OD Mediat ion session not yet scheduled (1) Mediation OD D Mediation session scheduled for (date) : D Agreed to complete mediation by (date) : D Mediation completed on (date) : OD Settlement conference not yet scheduled (2) Settlement OD D Settlement conference scheduled for (date) : conference D Agreed to complete settlement conference by (date) : D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D D Neutral evaluation scheduled for (date) : (3) Neutral evaluation D Agreed to complete neutral evaluationby (date) : D Neutral evaluation completed on (date) : D Judicialarbitrationnot yet scheduled (4) Non binding judicial D D Judicialarbitrationscheduled for (date): arbitration D Agreed to complete judicial arbitrationby (date ): D Judicialarbitrationcompleted on (date) : D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date) : arbitration D Agreed to complete private arbitrationby (date) : D Private arbitration completed on (date): D ADR session not yet scheduled D D ADR session scheduled for (date) : (6) Other (specify): D Agreed to complete ADR session by (date) : D ADR completed on (date) : C M-110 [Rev . July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CASE NUMBER: PLAINTIFF/PETITIONERMA TSUOKA - 20CECG00767 DEFENDANT/RESPONDENTHJTS ENTERPRISE, INC. 11. Insurance a. D Insurance carrier,if any, for party filing thisstatement (name): b. Reservation of rights: D Yes D No c. D Coverage issues will significantly affectresolution of this case(explain): 12. Jurisdiction Indicate any matters thatmay affect the court'sjurisdictionor processing of this caseand describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or relatedcases. (1)Name of case: (2)Name of court: (3)Case number: (4)Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate willbe filedby (name party): 14. Bifurcation D The partyor partiesintend to file a motion for an orderbifurcating,severing, or coordinatingthe following issues or causes of action (specify moving party, type of motion,and reasons): 15. Other motions [J[] The party or parties expect to file the following motions (specify moving party, type of motion, and issues): before trial Plaintiff reservesher right to file any necessarypre-trial Motions in Limine 16. Discovery a. D The partyor parties have completed all discovery. b. DO The following discovery willbe completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff I st Set of Written Discovery 60 days after Defendant is served c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER:MA TSUOKA 20CECG00767 DEFENDANT/RESPONDENT:HITS ENTERPRISE, INC. 17. Economic litigation a. D 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.D 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 specificallywhy economic litigation proceduresrelatingto discovery or trial should not apply to this case): 18. Other issues D 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.D 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): ---- 1am 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: June 24, 2020 Lawrence S. Andrews (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 [Rev. July 1, 2011) Page 5 of 5 CASE MANAGEMENT STATEMENT