Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Namne, State Bar number, and address}: FOR COURT USE ONLY
Sean T. Strauss (SBN 245811)
The State Bar of California
180 Howard Street, San Francisco CA 94105
‘TeLerHoNe NO. 415-538-2369 FAX NO. (Optional): 415-538-2321
E-MAIL ADDRESS (Optiona): Sean. Strauss@calbar.ca.gov
ATTORNEY FOR (Name): State Bar of California and Michael A. Nisperos, Jr.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street appress: 191 N. First Street
MAILING ADDRESS:
CITy AND zip Cove: San Jose CA 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Zosima-Susie A. Andrada
DEFENDANT/RESPONDENT: Vivian Que-Azcona, et al
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one). (4) unuimiten case (1) uimitep case 19CV352777
{Amount demanded (Amount demanded is $25,006
exceeds $25,000) or Jess)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 8-28-2020 Time: 9:00 a.m. Dept: 25 Div. Room: 2G
Address of court (if differant from the address above).
San Mateo County Superior Court, 400 County Center, Redwood City CA 94603
[4] Notice of Intent to Appear by Telephone, by (name): Sean T. Strauss
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
fant or parties (answer one):
This statement is submitted by party (name): The State Bar of California and Michael A. Nisperos, Jr.
» [1] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (fo 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).
Service (fo 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.
[(-] The following parties named in the complaint or cross-complaint
(1) (£2) 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) [2] have had a default entered against them (specify names).
c. [1] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served).
Description of case
a Type of case in Lv] complaint [1 cross-complaint (Describe, including causes of action).
Plaintiff appears to allege causes of action for fraud, conversion, and invasion of privacy against State Bar
Defendants. Plaintiff does not plead compliance with claims presentation requirements of the Tort Claims Act.
Page4 of5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court,
Judicial Council of Catifornia ules 3.720-3.730
CM-110 (Rev. July4, 2614] winw.cours.ca.gov
CN-110
‘CASE NUMBER:
PLAINTIFF/PETITIONER: Zosima-Susie A. Andrada 19CV352777
DEFENDANT/RESPONDENT: Vivian Que-Azcona, et al.
are sought, specify the injury and
4. b. Provide a brief state ment of the case, including any damages. (If personal injury damages future medical expenses, lost
g medical expenses to date [indicate source and amount], estimated
damages claimed, includin
relief is sought, de. scribe the nature of the relief.)
earnings to date, and estimated future lost earnings. if equitable
been subjecte to. a 42 year campaign of fraud
Plaintiffs now dismissed first amended complaint alleges she has atically stolen her identity and
and deceit by illegal lly smuggled Filipinos from her home town, who have system
Complaint against State Bar
are responsible for every adverse event in her life. The only allegations in the
ich terminated in 2003.
Defendants relate to Plaintiff's employment by the State Bar, wh
Attachment 4b.)
[1] (if more space is needed, check this box and altach a page designated as
Jury or nonjury trial
The party or parties request [Ja jury trial 4) a nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. {__] The trial has been set for (date):
s of the date of the filing of the complaint (if
No trial date has been set. This case will be ready for trial within 12 month
not, explain):
hi significantly slowed the case.
Resolution of pleading motions and the COVID-19 epidemic as
and explain reasons for unavailability):
c. Dates on which parti ies or attorneys will not be available for trial (specify dates
7% Estimated length of trial
The party or parties estimate that the trial will take (check one):
days (specify numbetr): Should the action survive pret
trial motions, State Bar Defendants anticipate 3 days.
a.
b. (J hours (short causes) (specify):
Trial representation (fo be answered for each party) (1 by the following:
listed in the caption
‘The party or parties will be represented at trial 4] by the attorney or party
a Attomey: Jay Lee
b, Firm: State Bar of California, Office of General Counsel
c, Address: 180 Howard Street, 8th Floor
d. Telephone number: 415-538-2444 f. Fax number: 415-538-2321
e. E-mail address: jay.lee@calbar.ca.gov g. Party represented: State Bar Defendants
[] Additional representation is described in Attachment 8.
9. Preference
[] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
s are available in different courts and communities; read
a ADR information package. Please note t hat different ADR processe
for information about the processes available through the
the ADR information package provided by the court under rule 3.221
court and community programs in this case.
has not provided the ADR information package identified
(1) For partes represented by counsel: Counsel [— 1] has
in rule 3.221 fo the client and reviewed ADR options with the client.
the ADR information package identified in rule 3.221.
(2) For self-represented parties: Party [1] has [7] has not reviewed
(i if available).
b. Referral to judicial arbitration or civil action mediation
of Civil Procedure section 1141.11 or to civil action
This matter is subject to mandatory judicial arbitration un der Code the amount in controversy does not exceed the
a) I n under Code of Civil Procedur e section 1775.3 because
mediatio
statutory limit.
limit recovery to the amount specified in Code of
(2) Plaintiff elects to refer this case to judicial arbitration and agrees to
Civil Procedure section 1144.11.
3.811 of the California Rules of Courtor from civil action
3g Co c arbitration under rule
‘This case is exempt from j udicial
mediation under Code of Civi | Procedure section 1775 et seq. (specify exemption):
Page 2of5
GM-110 Rev. July 1, 2019) CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Zosima-Susie A. Andrada
19CV352777
DEFENDANT/RESPONDENT: Vivian Que-Azcona, et al.
in, have agreed to participate in, or
40. 6. Indicate the ADR process or processes that the party or parlies are willing to participate
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 compieted an ADR process or processes,
participate in the following ADR indicate the status of the processes (allach a copy of the parties' ADR
processes (check all that apply): stipulation):
CI Mediation session not yet scheduled
Co Cc Mediation session scheduled for (date):
(1) Mediation
Co Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
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
Judicial arbitration scheduled for (date):
(4) Nonbinding judiciai
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
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):
Pages
of 5
EM-110 (Rev. July 7, 201) CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFFIPETITIONER: Zosima-Susie A. Andrada
|. 19CV352777
DEFENDANT/RESPONDENT: Vivian Que-Azcona, et al.
11. Insurance
a (__] insurance carrier, i y, for party filing this statement (name): Evanston Insurance Company
b, Reservation of rights: Yes No
, [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.
(71 Bankruptey [_] 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. [] Amotion to {_} consolidate [1] 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, lype 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):
If Petitioner files a Second Amended Complaint that does not correct the identified deficiencies, State Bar
Defendants will again file a demurrer. State Bar Defendants also anticipate requesting 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 ai! anticipated discovery):
Party Description Date
c. [7] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-410 (Rev. July 1, 2014) CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: Zosima-Susie A. Andrada CASE NUMBER:
| 19CV352777
DEFENDANT/RESPONDENT: Vivian Que-Azcona, et al.
17. Economic litigation
a, [7] 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. [__] 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 fo discovery or trial
shoutd not apply to this case):
18, Other issues
[7] The party or parties request that the following additionat matters be considered or determined at the case management
conference (specify):
At the August 5, 2020, hearing on State Bar Defendants' demurrer, the Court indicated it would grant State Bar
Defendants' demurrer with leave to amend. In the court's tentative ruling, Plaintiff's deadline to file a Second
Amended Complaint was keyed to service of a signed order on the demurrer. State Bar Defendants submitted
a proposed order to the Court, but have not yet received a signed copy of that order to effectuate service.
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):
State Bar Defendants have not yet filed an answer to any complaint and the case is thus not yet at issue,
obviating the present need to meet and confer regarding the subjects identified in CRC 3.724.
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):
lam 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 ai the time of
the case management conference, including the written authority of the party where required.
Date: 8-12-2020
f 4A
SEAN T. STRAUSS >» 4 OG fhe
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY}
b
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[£2] Additional signatures are attached.
‘CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5
PROOF OF SERVICE
I, Joan Randolph, hereby declare: that I am over the age of eighteen years and am not a
party to the within above-entitled action, that I am employed in the City and County of San
Francisco, that my business address is The State Bar of California, 180 Howard Street, San
Francisco, CA 94105.
On August 12, 2020, I served a copy of:
CASE MANAGEMENT CONFERENCE STATEMENT
on the party(s) listed below:
Craig L. Judson, Esq.
Zosima Susie A. Andrada
Sharon M. Nagle, Esq.
10 P.O. Box 1597
Bold, Polisner, Maddow, Nelson & Judson
Lathrop, CA 95330
11 2125 Oak Grove Road, Suite 210
Walnut Creek CA 94598
Zosima Susie A. Andrada
12 snagle@bpmnj.com
451 N. Nellis Boulevard, Unit 1098
13 Las Vegas NV 89110
Attorneys for Defendant the
Susie526.andrada@gmail.com
14 Honorable Mary E. Arand, Judge of the Superior
Court of California, County of Santa Clara, and
Plaintiff in Pro Per
15 Sheryle Lynn Sparks, Commissioner of the
Superior Court of California, County of San
16 Joaquin (Ret.)
17 Michelle D. Magarrell
18 Deputy Attorney General
California Department of Justice
19 455 Golden Gate Avenue, Suite 11000
San Francisco CA 94102-7020
20 Attorney for Commission on Judicial Performance
21
By first class mail by placing a true copy thereof in a sealed envelope with postage
22
thereon fully prepaid and placing the envelope for mailing in the United States mail at
23
San Francisco, California.
24
I declare under penalty of perjury under the laws of the State of California that the
25
foregoing is true and correct.
2
Executed at San Francisco, California on August 12, 2020.
27
/s/Joan Randolph
28 Joan Randolph
PROOF OF SERVICE Case No. 19CV352777