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  • San Francisco Pizza, Inc et al vs Vietnam Town Condominium Owners Association, Inc et al Other Real Property Unlimited (26)  document preview
  • San Francisco Pizza, Inc et al vs Vietnam Town Condominium Owners Association, Inc et al Other Real Property Unlimited (26)  document preview
  • San Francisco Pizza, Inc et al vs Vietnam Town Condominium Owners Association, Inc et al Other Real Property Unlimited (26)  document preview
  • San Francisco Pizza, Inc et al vs Vietnam Town Condominium Owners Association, Inc et al Other Real Property Unlimited (26)  document preview
  • San Francisco Pizza, Inc et al vs Vietnam Town Condominium Owners Association, Inc et al Other Real Property Unlimited (26)  document preview
  • San Francisco Pizza, Inc et al vs Vietnam Town Condominium Owners Association, Inc et al Other Real Property Unlimited (26)  document preview
  • San Francisco Pizza, Inc et al vs Vietnam Town Condominium Owners Association, Inc et al Other Real Property Unlimited (26)  document preview
  • San Francisco Pizza, Inc et al vs Vietnam Town Condominium Owners Association, Inc et al Other Real Property Unlimited (26)  document preview
						
                                

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170V318151 Santa Clara — Civil CM-110 tem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY v3 Tom D. Fama (261477) / David S. McDonough (257188) Wood Smith Henning & Berman LLP lectronically Filed 1401 Willow Pass Road, Suite 700 y Superior Court of CA, Concord, CA 94520 ounty of Santa Clara, TeLePHone no: (925) 222-3400 FAX NO. (Optional): (925) 356-8250 n 10/3/2018 9:42 AM E-MAIL ADDRESS (Optional): tlama@wshblaw.com ATTORNEY FOR (Name): Defendant Michael Johnson Reviewed By: System System SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara ase #17CV318151 STREET ADDRESS: nvelope: 2016311 MAILING ADDRESS: 161 North First Street CITY AND ZIP CODE: : San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al. DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Association, Inc., CASE MANAGEMENT STATEMENT CASE NUMBER: 170V318151 (Check one): oO UNLIMITED CASE oO LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 10/16/2018 Time: 10:00 a.m. Dept.: 19 Div.: Room: Address of court (if different from the address above): 1 Notice of Intent to Appear by Telephone, by (name): David S. McDonough INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. {J This statement is submitted by party (name): Michael Johnson b. [1 This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. (1 The cross-complaint, if any, was filed on (date): Service (fo be answered by plaintiffs and cross-complainants only) a. Oo All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. » Oo The following parties named in the complaint or cross-complaint (1) 1 shave not been served (specify names and explain why not): (2) Oo have been served but have not appeared and have not been dismissed (specify names): (3) (shave had a default entered against them (specify names): c. oO 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 J complaint 2 cross-complaint (Describe, including causes of action): Trespass, conversion, intentional interference with prospective economic advantage, breach of contract, declaratory relief, fraud, negligent misrepresentation, civil extortion, and unlawful business practices. Page tof5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court, Judicial Council of California rules 3.720-3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al. ] CASE NUMBER: 17CV318151 | DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Association, 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 allege various causes of action resulting from their inability to open a restaurant in a commercial condominium. Defendant Michael Johnson was the agent who assisted in the purchase. Johnson denies the allegations made. oO (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request Bd ajury trial Oa 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): b. E&I) _ 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): Pleadings are not yet set; Plaintiffs must amend Complaint as of October 30, with defendants’ answers due 30 days thereafter. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a Kl days (specify number): 10-15 b. [1 _ 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 O by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: oO 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel &X has 0 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 oO has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) (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. 20 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) O 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): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al. CASE NUMBER: 17CV318151 IDEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Association, 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 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 ail that apply): stipulation): & Mediation session not yet scheduled o Mediation session scheduled for (date): (1) Mediation ao 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 (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 3 of5 Am a www, FormsWor wc CM-110 PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al. CASE NUMBER: 170V318151 | DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Association, Inc., 41. Insurance a & Insurance carrier, if any, for party filing this statement (name): Navagators b. Reservation of rights: oO Yes I] No c. [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. oO Bankruptcy oO Other (specify): Status: 13. Related cases, consolidation, and coordination a. O There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: C1 Additional cases are described in Attachment 13a. b. 1 Amotion to Oo consolidate oO coordinate will be filed by (name party): 14, Bifurcation OO 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 Cs 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 CO The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptio Date Defendant Johnson Discovery to Plaintiffs March 2019 Defendant Johnson Discovery to Co-Defendants May 2019 Defendant Johnson Depositions of Plaintiffs July 2019 c. C1 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: San Francisco Pizza, Inc., et al. ‘CASE NUMBER: 170V318151 | DEFENDANT/RESPONDENT: Vietnam Town Condominium Owners Association, Inc., 17. Economic litigation a. oO 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. C1 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): | 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 3, 2018 David S. McDonough » P3e _— (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) go Additional signatures are attached. (CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 5 of5 ‘American L et, For PROOF OF SERVICE I am employed in the County of Contra Costa, State of California. I am over the age of eighteen years and not a pi to the within action. My business address is 1401 Willow Pass Road, Suite 700, Concord, CA 94520-7982. On October 3, 2018, I served the following document(s) described as CASE MANAGEMENT CONFERENCE STATEMENT on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY MAIL: I placed true copies of the foregoing document(s) enclosed in sealed envelopes addressed as shown on the Service List. I am “readily familiar” with Wood, Smith, Henning & Berman’s practice for collecting and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the United States Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for collection and mailing with postage thereon fully prepaid at Concord, California, on that same day 10 following ordinary business practices. 11 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Sak 12 So wk Egm B Executed on October 3, 2018, at Concord, California. 580 aos 13 fut oor Bzegrs Road Ze goZz- Zend 14 Zeves Begin Isso 15 oan Maura L Wemer 254 202 a2 sé: 16 S08 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST San Francisco Pizza, Inc., et al. v. Vietnam Town Condominium Owners Association, Inc., et al. 17CV318151 Robert T. Tang Gary B. Wesley Law Office of Robert T. Tang Law Office of Gary B. Wesley 1580 Oakland Road, C205 707 Continental Cir., #424 San Jose, CA 95131 Mountain View, CA 94040 ‘oberttlaw@gmail.com gary.wesley@yahoo.com Attorney for Plaintiffs TAN NGUYEN, Attorney for Plaintiff SAN FRANCISCO NGHIA NGUYEN and KIM THUY HO. PIZZA, INC Gerald T. Lau Guy Wainwright Stilson, Esq. Prudential Law Corporation Low Ball & Lynch 533 Airport Blvd., Suite 400 505 Montgomery St 7FL Burlingame, CA 94010 San Francisco, CA 94111-2584 Tel: (650) 268-8128 Tel: (415) 981-6630 10 gerald@prudentialaw.com gstilson@lowball.com Attorney for Defendant Attorney for Defendant MATRIX ASSOC. 11 VIETNAM TOWN CONDOMINIUM MGMT. and DAVID ALVARADO OWNERS ASSOCIATION, INC. Sas 2s8s 12 wk Eg38 589 Aaron A. Hayes Benjamin Schnayerson aes Bs 13 Nicholas A. Rogers McNamara Law Firm BzGgezZ §gci SZ Berding Weil 1211 Newell Ave Zucez 14 2175 N. California Blvd., Suite 500 Z2098 Walnut Creek, CA 94596 Z2soks Ges Walnut Creek, CA 94596 Tel.: (925) 939-5330 / Fax: (925) 939-0203 aan rg SON ba8 15 Tel: (925) 838-2090/ Fax: (925) 820-5592 fax benjamin.schnayerson@menamaralaw.com 328 rogers@berdingweil.com Attorney for Defendant NGOC BUI 532 16 ahayes@berdingweil.com 6? £8 Defendants VIETNAM TOWN 17 CONDOMINIUM OWNERS ASSOCIATION, INC. and JOSEPH 18 NGUYEN 19 20 21 22 23 24 25 26 27 28 29.