Preview
CM-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Siafe Bar number, and eddress) FOR COURT USE ONLY
Nicholas A. Rogers / Daniel S. LaCount SBN: 248900 / 244306
BERDING & WEIL LLP
2175 N. California Blvd., Suite 500
Walnut Creek, CA 94596
TELEPHONE
NO: 925-838-2090 FAX NO. (Optionay: 925-820-5592
E-MAIL ADDRESS (Option) nrogers@berdingweil.com; dlacount@berdingweil.com
ATTORNEY FOR (Nemey Vietnam Town Condominium Owners Association and J. Nguyen
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street aboress:!19] North First Street
malin AppRess:]9] North First Street
erry ano zip cove: San Jose, 95113
BRANCH NAME: Downtown Superior Court
PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al.
DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Assoc., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [=] uep case 17CV318151
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 30, 2018 Time: 10:00 a.m. Dept.: 19 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Nicholas A. Rogers
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. [-) This statement is submitted by party (name):
b, This statement is submitted jointly by parties (names): Defendants Vietnam Town Condominium Owners
Association and Joseph Nguyen; Khanh Cao Huu and Joany Yuin.
Complaint and cross-compliaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. [) The cross-complaint, if any, was filed on (date):
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) [21 have not been served (specify names and explain why not):
(2) (2) have been served but have not appeared and have not been dismissed (specify names):
(3) [1 have hada default entered against them (specify names):
c. [2] 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 complaint CI cross-complaint (Describe, including causes of action): The First
Amended Complaint asserts the following causes of action: (1) trespass; (2) conversion; (3) intentional
interference with prospective economic advantage; (4) breach of contract; (5) declaratory relief: (6) fraud;
(7) negligent misrepresentation; (8) civil extortion; and (9) unlawful business practices. (Cont'd on Attachment) ot
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal Rules | Court,
Judicial Council 730
CM-110) fev ly, 2041) www courts.ca.gov
‘Westlaw
Doc & For Bllder=
CM-110
‘CASE NUMBER.
PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al.
17CV318151
DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Assoc., et al.
4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount), estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiffs’ contend the Association approved conversion of Plaintiffs’ retail commercial condo unit for restaurant
use; use of a common area gas line to service the unit; and architectural changes performed therein. The Association
and Mr. Nguyen deny all liability and claimed damages.
[-) (ff more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request a jury trial [7 a nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
Trial date
a (2) The tral 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):
¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
6/20/19 - 7/12/19
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [22] days (specify number):7 Court days.
b. [7] hours (short causes) (specify):
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 [2] by the following:
a. Attorney:
b. Firm:
c. Address:
dq, Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
(J Additional representation is described in Attachment 8.
Preference
[] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [30 has [77 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).
MC é
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
aC) 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
@ CI This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
‘GM-170 [Rev. July7, 2074) CASE MANAGEMENT STATEMENT Page 2076
CM-110
PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al. (SE NUMBER:
DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Assoc., et al. 17CV318151
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 ail 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 Ca
Agreed to complete mediation by (date):
Mediation completed on (date): January 8, 2018
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
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Agreedto 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):
CM-110 Rev. July 4, 2077) Page 30f5
CASE MANAGEMENT STATEMENT
CM-110.
(CASE NUMBER:
| PLAINTIFF/PETITIONERS
an Francisco Pizza, Inc., et al.
17CV318151
DEFENDANT/RESPONDENTY
ietnam Town Condominium Owners Assoc., et al.
11. Insurance
a Insurance carrier, if any, for party filing this statement (name):Great American Ins. Company
b. Reservation of rights: Yes No
©. Co 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.
[J 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:
(J Additional cases are described in Attachment 13a.
b. [J Amotionto [J consolidate [[_] coordinate will be filed by (name party):
14, Bifurcation
[J 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):
The Association and Mr. Nguyen will file a Motion for Summary Judgment or in the Alternative Motion
for Summary Adjudication prior to trial; and a motion to compel SF Pizza's written discovery responses.
16. Discovery
a. [1 The panty or parties have completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descri n Date
Defendants Written Discovery (motions to compel pending)
Defendants Party and Witness Depositions February 2019
Defendants Expert Depositions Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify): VTCOA and J. Nguyen have filed a motion to compel Plaintiffs Tan Nguyen,
Nghia Nguyen, and Kim Thuy Ho to provide complete written discovery responses. This motion will be
heard on November 29, 2018. VTCOA and J. Nguyen will also file a motion to compel SF Pizza’s
responses to written discovery.
CM-110 [Rev. July
1, 2011) CASE MANAGEMENT STATEMENT Page
4 of §
CM-110
PLAINTIFF/PETITIONER:San Francisco Pizza, Inc., et al. (CASE NUMBER,
| 17CV318151
DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Assoc., et al.
17. Economic litigation
a. [] 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. (J This is a limited civil case and @ motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic Ikigation 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): At the September 25th hearing on defendant's motion to strike/demurrer, the trial court indicated
this CMC would be continued to October 30, 2018, and plaintiffs' deadline to amend their complaint would be 10 days
from the final hearing on pleading disputes in this action, which would Jeave a deadline of Monday, October 30.
Defendants would then have 14 days to answer if no amendment was filed and retain all rights per code in the event
plaintiffs file an amended pleading.
19. Meet and confer
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 end conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specity):
20. Total number of pages attached (if any):1
| 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: October 16, 2018
Daniel LaCount
(TYPE OR PRINT NAME)
» mMatLZ-
"SIGNATURE OF PARTY OR ATTORNEY)
(YPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
EM-110 Fev, duly 1, 2071), CASE MANAGEMENT STATEMENT Page Sots
SHORT TITLE: San Francisco Pizza, Inc., et al. v. Vietnam Town ‘CASE NUMBER:
|_ Condominium Owners, et al. 17CV318151
1 |la(a) - Continuation
2 On 9/26/18 a Demurrer and Motion to Strike was granted/sustained, in part, with leave to amend.
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26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
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This page may be used with any Judicial Council form or any other paper filed with the court.
Page 6
ADDITIONAL PAGE ‘Westlaw
Doc Form Buti
Form Approved by the
Judicial Counci of Calfiornia Attach to Judicial Council Form or Other Court Paper GRC 201, 501
(MG-020 [New January 1, 1987]
PROOF OF SERVICE
Case Name: San Francisco Pizza, Inc., et al. v. Vietnam Town Condominium Owners
Association, Inc., et al.
Case No: Santa Clara County Superior Court Case No.: 17CV318151
I am employed in the County of Contra Costa, State of California. My business address is
2175 N. California Blvd., Suite 500, Walnut Creek, California 94596. I am over the age of
eighteen years, and not a party to the within action.
On October 17, 2018, I served the within:
CASE MANAGEMENT STATEMENT
on the party[ies] listed below, addressed as follows:
(SEE ATTACHED SERVICE LIST)
10 By First Class Mail/Ordinary Business Practices [C.C.P. §§ 1013, 1013a]. By causing
a true copy thereof to be enclosed in a sealed envelope or package, addressed to the
11 party[ies] as stated on the attached service list. I am readily familiar with the firm's
business practice for collection and processing of envelopes and packages for mailing with
12 the United States Postal Service. Under the firm's practice, mail is deposited in the
ordinary course of business with the United States Postal Service at Walnut Creek,
13 California, that same day, with postage thereon fully prepaid. I am aware that upon motion
of the party served, service is presumed invalid if postal cancellation date or postage meter
14 date on the envelope or package is more than one day after the date of deposit for mailing.
15 By Overnight Delivery [C.C.P. § 1013, 1013a]. By causing a true copy thereof to be
enclosed in a sealed envelope or package designated by the express service carrier, with all
16 delivery fees paid or provided for, addressed to the party[ies] as stated on the attached
service list. I am readily familiar with the firm's business practice for collection and
17 processing of overnight deliveries for deposit in a box or other facility regularly
maintained by the express service carrier, or delivered to an authorized courier or driver
18 authorized by the express service carrier to receive documents. Under the firm's practice,
overnight deliveries are deposited in the ordinary course of business with the express
19 service carrier at Walnut Creek, California, that same day.
20 By Personal Service [C.C.P. § 1011]. By causing a true copy thereof to be hand-
delivered in a sealed envelope or package addressed to the party[ies] as stated on the
21 attached service list.
22 By Electronic Service. 1 caused the above-entitled document(s) to be served electronically
to all parties appearing on the electronic service list associated with this case. A copy of
23 the electronic filing receipt will be maintained with the original document in our file.
24 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed October 17, 2018, at Walnut Creek, California.
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“y ’ ortara. ugv
Barbara Curzi
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BERDING & WEIL, LLP PROOF OF SERVICE
2175N Calforni Bd Suite
rok, Caton 24800 0
SERVICE LIST
Case Name: San Francisco Pizza, Inc., et al. vy. Vietnam Town Condominium Owners
Association, Inc., et al.
Case No: Santa Clara County Superior Court Case No.: 17CV318151
Gary B. Wesley, Esq. Robert T. Tang, Esq.
707 Continental Circle, #424 Law Offices of Robert T. Tang
Mountain View, CA 94040 1580 Oakland Road, C205
(408) 882-5070 San Jose, CA 95131
Gary.wesley@yahoo.com (408) 816-8098
Email: roberttlaw
1 @gmail.com
Attorney for Plaintiff
San Francisco Pizza, Inc. Attorney for Plaintiffs
Tan Nguyen, Nghia Nguyen, Kim Thuy Ho
and Ngoc Bui
10 Gerald T. Lau, Esq. Guy Wainwright Stilson, Esq.
Prudential Law Corporation Low Ball & Lynch
11 533 Airport Blvd., Suite 400 505 Montgomery St., 7” Floor
Burlingame, CA 94010 San Francisco, CA 94111-2584
12 (650) 268-8128 (415) 981-6630
Email: gerald@prudentialaw.com gstilson@lowball.com
13
Co-Counsel for Defendant Attorney for Defendants
14 Vietnam Town Condominium Owners Matrix Real Estate Services, Inc. (sued as
Association, Inc. Matrix Association Management) and
15 David Alvarado
16 David McDonough, Esq. Ben Schnayerson, Esq.
Wood, Smith, Henning & Berman LLP McNamara, Ney, Beatty, et al.
17 1401 Willow Pass Road, Suite 700 3480 Buskirk Avenue, Suite 250
Concord, CA 94520 Pleasant Hill, CA 94523
18 (925) 222-3336 (925) 939-5330
DMcDonough wshblaw.com Benjamin.schnayerson mecnamaralaw.com
19
Attorney for Defendant Attorneys for Ngoc Bui
20 Michael Johnson
21
22 Gary.wesley@yahoo.com; roberttlaw1@gmail.com; gerald@prudentialaw.com:
gstilson@lowball.com; DMcDonough@wshblaw.com:
23 Benjamin.schnayerson@mcnamaralaw.com
24
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BERDING & WEIL, LLP500 SERVICE List
2175
‘WattNCalfornla Bld Suesoe
Ceah, Calorie
Preview
CM-110 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Siafe Bar number, and eddress) FOR COURT USE ONLY Nicholas A. Rogers / Daniel S. LaCount SBN: 248900 / 244306 BERDING & WEIL LLP 2175 N. California Blvd., Suite 500 Walnut Creek, CA 94596 TELEPHONE NO: 925-838-2090 FAX NO. (Optionay: 925-820-5592 E-MAIL ADDRESS (Option) nrogers@berdingweil.com; dlacount@berdingweil.com ATTORNEY FOR (Nemey Vietnam Town Condominium Owners Association and J. Nguyen SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA street aboress:!19] North First Street malin AppRess:]9] North First Street erry ano zip cove: San Jose, 95113 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al. DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Assoc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [=] uep case 17CV318151 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 30, 2018 Time: 10:00 a.m. Dept.: 19 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Nicholas A. Rogers INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. [-) This statement is submitted by party (name): b, This statement is submitted jointly by parties (names): Defendants Vietnam Town Condominium Owners Association and Joseph Nguyen; Khanh Cao Huu and Joany Yuin. Complaint and cross-compliaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. [) The cross-complaint, if any, was filed on (date): 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) [21 have not been served (specify names and explain why not): (2) (2) have been served but have not appeared and have not been dismissed (specify names): (3) [1 have hada default entered against them (specify names): c. [2] 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 complaint CI cross-complaint (Describe, including causes of action): The First Amended Complaint asserts the following causes of action: (1) trespass; (2) conversion; (3) intentional interference with prospective economic advantage; (4) breach of contract; (5) declaratory relief: (6) fraud; (7) negligent misrepresentation; (8) civil extortion; and (9) unlawful business practices. (Cont'd on Attachment) ot Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal Rules | Court, Judicial Council 730 CM-110) fev ly, 2041) www courts.ca.gov ‘Westlaw Doc & For Bllder= CM-110 ‘CASE NUMBER. PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al. 17CV318151 DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Assoc., et al. 4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount), estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiffs’ contend the Association approved conversion of Plaintiffs’ retail commercial condo unit for restaurant use; use of a common area gas line to service the unit; and architectural changes performed therein. The Association and Mr. Nguyen deny all liability and claimed damages. [-) (ff more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request a jury trial [7 a nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Trial date a (2) The tral 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): ¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 6/20/19 - 7/12/19 Estimated length of trial The party or parties estimate that the trial will take (check one): a. [22] days (specify number):7 Court days. b. [7] hours (short causes) (specify): 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 [2] by the following: a. Attorney: b. Firm: c. Address: dq, Telephone number: f. Fax number: e. E-mail address: g. Party represented: (J Additional representation is described in Attachment 8. Preference [] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [30 has [77 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). MC é This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. aC) 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 @ CI This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): ‘GM-170 [Rev. July7, 2074) CASE MANAGEMENT STATEMENT Page 2076 CM-110 PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al. (SE NUMBER: DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Assoc., et al. 17CV318151 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 ail 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 Ca Agreed to complete mediation by (date): Mediation completed on (date): January 8, 2018 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 Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreedto 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): CM-110 Rev. July 4, 2077) Page 30f5 CASE MANAGEMENT STATEMENT CM-110. (CASE NUMBER: | PLAINTIFF/PETITIONERS an Francisco Pizza, Inc., et al. 17CV318151 DEFENDANT/RESPONDENTY ietnam Town Condominium Owners Assoc., et al. 11. Insurance a Insurance carrier, if any, for party filing this statement (name):Great American Ins. Company b. Reservation of rights: Yes No ©. Co 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. [J 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: (J Additional cases are described in Attachment 13a. b. [J Amotionto [J consolidate [[_] coordinate will be filed by (name party): 14, Bifurcation [J 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): The Association and Mr. Nguyen will file a Motion for Summary Judgment or in the Alternative Motion for Summary Adjudication prior to trial; and a motion to compel SF Pizza's written discovery responses. 16. Discovery a. [1 The panty or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descri n Date Defendants Written Discovery (motions to compel pending) Defendants Party and Witness Depositions February 2019 Defendants Expert Depositions Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): VTCOA and J. Nguyen have filed a motion to compel Plaintiffs Tan Nguyen, Nghia Nguyen, and Kim Thuy Ho to provide complete written discovery responses. This motion will be heard on November 29, 2018. VTCOA and J. Nguyen will also file a motion to compel SF Pizza’s responses to written discovery. CM-110 [Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page 4 of § CM-110 PLAINTIFF/PETITIONER:San Francisco Pizza, Inc., et al. (CASE NUMBER, | 17CV318151 DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Assoc., et al. 17. Economic litigation a. [] 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. (J This is a limited civil case and @ motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic Ikigation 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): At the September 25th hearing on defendant's motion to strike/demurrer, the trial court indicated this CMC would be continued to October 30, 2018, and plaintiffs' deadline to amend their complaint would be 10 days from the final hearing on pleading disputes in this action, which would Jeave a deadline of Monday, October 30. Defendants would then have 14 days to answer if no amendment was filed and retain all rights per code in the event plaintiffs file an amended pleading. 19. Meet and confer 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 end conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specity): 20. Total number of pages attached (if any):1 | 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: October 16, 2018 Daniel LaCount (TYPE OR PRINT NAME) » mMatLZ- "SIGNATURE OF PARTY OR ATTORNEY) (YPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. EM-110 Fev, duly 1, 2071), CASE MANAGEMENT STATEMENT Page Sots SHORT TITLE: San Francisco Pizza, Inc., et al. v. Vietnam Town ‘CASE NUMBER: |_ Condominium Owners, et al. 17CV318151 1 |la(a) - Continuation 2 On 9/26/18 a Demurrer and Motion to Strike was granted/sustained, in part, with leave to amend. 3 4 5 10 " 12 13 14 15 16 7 18 19 20 21 23 24 25 26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 6 ADDITIONAL PAGE ‘Westlaw Doc Form Buti Form Approved by the Judicial Counci of Calfiornia Attach to Judicial Council Form or Other Court Paper GRC 201, 501 (MG-020 [New January 1, 1987] PROOF OF SERVICE Case Name: San Francisco Pizza, Inc., et al. v. Vietnam Town Condominium Owners Association, Inc., et al. Case No: Santa Clara County Superior Court Case No.: 17CV318151 I am employed in the County of Contra Costa, State of California. My business address is 2175 N. California Blvd., Suite 500, Walnut Creek, California 94596. I am over the age of eighteen years, and not a party to the within action. On October 17, 2018, I served the within: CASE MANAGEMENT STATEMENT on the party[ies] listed below, addressed as follows: (SEE ATTACHED SERVICE LIST) 10 By First Class Mail/Ordinary Business Practices [C.C.P. §§ 1013, 1013a]. By causing a true copy thereof to be enclosed in a sealed envelope or package, addressed to the 11 party[ies] as stated on the attached service list. I am readily familiar with the firm's business practice for collection and processing of envelopes and packages for mailing with 12 the United States Postal Service. Under the firm's practice, mail is deposited in the ordinary course of business with the United States Postal Service at Walnut Creek, 13 California, that same day, with postage thereon fully prepaid. I am aware that upon motion of the party served, service is presumed invalid if postal cancellation date or postage meter 14 date on the envelope or package is more than one day after the date of deposit for mailing. 15 By Overnight Delivery [C.C.P. § 1013, 1013a]. By causing a true copy thereof to be enclosed in a sealed envelope or package designated by the express service carrier, with all 16 delivery fees paid or provided for, addressed to the party[ies] as stated on the attached service list. I am readily familiar with the firm's business practice for collection and 17 processing of overnight deliveries for deposit in a box or other facility regularly maintained by the express service carrier, or delivered to an authorized courier or driver 18 authorized by the express service carrier to receive documents. Under the firm's practice, overnight deliveries are deposited in the ordinary course of business with the express 19 service carrier at Walnut Creek, California, that same day. 20 By Personal Service [C.C.P. § 1011]. By causing a true copy thereof to be hand- delivered in a sealed envelope or package addressed to the party[ies] as stated on the 21 attached service list. 22 By Electronic Service. 1 caused the above-entitled document(s) to be served electronically to all parties appearing on the electronic service list associated with this case. A copy of 23 the electronic filing receipt will be maintained with the original document in our file. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed October 17, 2018, at Walnut Creek, California. 25 26 27 “y ’ ortara. ugv Barbara Curzi 28 BERDING & WEIL, LLP PROOF OF SERVICE 2175N Calforni Bd Suite rok, Caton 24800 0 SERVICE LIST Case Name: San Francisco Pizza, Inc., et al. vy. Vietnam Town Condominium Owners Association, Inc., et al. Case No: Santa Clara County Superior Court Case No.: 17CV318151 Gary B. Wesley, Esq. Robert T. Tang, Esq. 707 Continental Circle, #424 Law Offices of Robert T. Tang Mountain View, CA 94040 1580 Oakland Road, C205 (408) 882-5070 San Jose, CA 95131 Gary.wesley@yahoo.com (408) 816-8098 Email: roberttlaw 1 @gmail.com Attorney for Plaintiff San Francisco Pizza, Inc. Attorney for Plaintiffs Tan Nguyen, Nghia Nguyen, Kim Thuy Ho and Ngoc Bui 10 Gerald T. Lau, Esq. Guy Wainwright Stilson, Esq. Prudential Law Corporation Low Ball & Lynch 11 533 Airport Blvd., Suite 400 505 Montgomery St., 7” Floor Burlingame, CA 94010 San Francisco, CA 94111-2584 12 (650) 268-8128 (415) 981-6630 Email: gerald@prudentialaw.com gstilson@lowball.com 13 Co-Counsel for Defendant Attorney for Defendants 14 Vietnam Town Condominium Owners Matrix Real Estate Services, Inc. (sued as Association, Inc. Matrix Association Management) and 15 David Alvarado 16 David McDonough, Esq. Ben Schnayerson, Esq. Wood, Smith, Henning & Berman LLP McNamara, Ney, Beatty, et al. 17 1401 Willow Pass Road, Suite 700 3480 Buskirk Avenue, Suite 250 Concord, CA 94520 Pleasant Hill, CA 94523 18 (925) 222-3336 (925) 939-5330 DMcDonough wshblaw.com Benjamin.schnayerson mecnamaralaw.com 19 Attorney for Defendant Attorneys for Ngoc Bui 20 Michael Johnson 21 22 Gary.wesley@yahoo.com; roberttlaw1@gmail.com; gerald@prudentialaw.com: gstilson@lowball.com; DMcDonough@wshblaw.com: 23 Benjamin.schnayerson@mcnamaralaw.com 24 25 26 27 28 BERDING & WEIL, LLP500 SERVICE List 2175 ‘WattNCalfornla Bld Suesoe Ceah, Calorie