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NEY OR ATTOR FOR COURT USE
SBN: 248900
BERDING & WEIL LLP
2175 N. California Blvd.,
Walnut Creek, CA 94596
TELEPHONE NO FAX NO.
Town Condominium
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANT A CLARA
North First Street
North First Street
ZIP CODE 9 5113
San Francisco Pizza, Inc., et al.
Vietnam Town Condominium Assoc., et al.
CASE MANAGEMENT STATEMENT
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded
or less)
A CASE MANAGEMENT CONFERENCE ed as
October 16, 2018 10:00 a.m.
ess of court different
from the address above):
Appear by Telephone, by Nicholas A. Rogers
applicable boxes must be checked, and the specified information must
Party or parties
This statement
This statement etnam Town Condominium Owners
Association and Joseph Nguyen; Khanh Cao Huu and Joany Yuin.
Complaint and cross-complaint (to be answered by plaintiffs
and cross-complainants only)
The complaint was filed on
The cross-complaint if any, was filed on
(to be answered by plaintiffs
and cross-complainants only)
All parties named the complaint and complaint have been served, have appeared, have been
The following parties named the complaint or
have not been served (specify names and explain why not):
have been served but have not appeared and have not been dismissed (specify names):
have had default entered against them (specify
names):
The following additional parties may (specifynames, nature involvement in and date by which
they may be
Type of case including causes The First
Amended Complaint asserts the following (1) trespass; (2) conversion; (3) intentional
interference with ctiveeconomic (4) breach contract; (5) declaratory relief:(6)
ion; (8) civil on; and (9) unlawful business practices. (Cont'd on Attachment.)
ted for Mandatory Use
Judicial Council of California CASE MANAGEMENT STATEMENT of Court,
m Town m Owners Assoc., et al.
brief statementof the case,includingany personal injurydamages are sought,specify the injury
and
damages claimed,including medical expenses to date catesource and amount], estimated futuremedical
earnings to date, and mated future lost equitablerelief sought,describe the nature the relief.)
Plaintiffs'contend on approved conversion of Plaintiffs'retail condo unitfor
use; use to service the and architectural change performed therein. The Association
Mr. Nguyen deny
more space check this box and attacha page designated Attachment 4b.)
nonjury trial
The party or partiesrequest jurytrial more than one provide the name each party
requesting a
Trial date
The trial has been set for
No trial date has been set. This case will
be ready for trial within months of thedate of the tiling
of the complaint
not, explain)
Dates on which partiesor attorneyswillnot be availablefor trial
(specifydates and explain reasons for
Estimated length
The party or parties
estimate that the al will take
hours (short causes)
Trialrepresentation (to be answered for each party)
The party or parties will be represented
at trial by the attorneyor party listed the caption by the
f. Fax
E-mail address:
Additionalrepresentation is describedin Attachment
This case entitled to preference
(specifycode
Alternative dispute resolution
Please note that different
ADR processes are availablein different
courtsand
the ADR informationpackage provided by the courtunder rule 221 for informationabout theprocesses availablethrough the
court and community programs in this case.
(1) For partiesrepresented by has not provided the ADR informationpackage identified
in rule 3.221 to the client
and reviewed ADR optionswith the client.
(2) For self-represented has not reviewed the ADR information package identifiedin rule
to judicial arbitration or civil action (if available).
This matter is subject
to mandatory judicial trationunder Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Proceduresection because the amount controversy does not exceed the
Plaintiff
elects to refer this case to judicial
trationand agrees to mitrecovery to theamount specifiedin Code of
Procedure section
This case s exempt from judicial trationunder rule 811 of the California
Rules of Court or from
mediation under Code of vil Procedure section 1775 et seq.
CASE MANAGEMENTSTATEMENT
San Francisco et al.
m Town Condominium Assoc., et al.
cate the ADR process or processes that the party or es are willing
to participate have agreed to participate
have already participatedin (checkall that apply and provide
the specified
The party or partiescompleting If the party or parties
completing this form the case have agreed
or have already completed an ADR process or processes,
participatein the following
ADR indicatethe statusof the processes the parties'
ADR
(check all that
Mediation session not yet schedu
Mediation session scheduled for
Agreed to complete ation by
Mediation completed on
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for
Agreed to complete settlementconference by
Settlement conference completed on
Neutral evaluationnot yet scheduled
Neutral evaluationscheduled for
(3) Neutralevaluation
Agreed to complete neutralevaluationby
uation completed
arbitration
not yet scheduled
Nonbinding judicial Judicialarbitration
scheduled for
Agreed to completejudicial ation by
cialarbitrationcompleted on (date):
Privatearbitrationnot yet scheduled
Binding private Privatearbitration
scheduled for
Agreed to complete private on by
Privatearbitrationcompleted on
ADR session not yet scheduled
ADR session scheduled for
(6) Other
Agreed to completeADR session by
ADR completed on
CASE MANAGEMENT STATEMENT
CASE NUMBER:
Francisco Pizza, Inc. et al.
Town Condominium Owners
Insurance carrier,if any, for party filing this statement n Ins.
Reservation of
Coverage issues will significantly
affectresolutionof s case
Indicateany matters thatmay affect the court's jurisdiction
or processing of this case and describe
the
Related cases,
There are companion, underlying, or related
cases.
Name of
(2) Name of
(3) Case number:
Additionalcases are bed in Attachment 13a.
on to willbe filedby
The party or es intend to file motion for an orderbifurcating,
severing,or coordinatingthe followingissues or causes of
(specify moving and reasons):
Other motions
The party or es expect to file the following
motions before trial
(specify movingparty,type motion, and
The Association and Mr. Nguyen will file a Motion for Summary Judgment or in the Alternative Motion
Summary Adjudication prior to trial;and a motion to compel SF
The party or partieshave completed all discovery.
The followingdiscovery will be completedby the date (describeall anticipated
discovery)
Description Date
n Discovery (motions to compel pending)
Defendants Party and Witness Depositions February 2019
Defendants Expert Depositions Per Code
The followingdiscovery includingissues ng the discovery of electronically
stored information,are
VTCOA and J. Nguyen have fileda motion to compel PlaintiffsTan
yen, and Kim Thuy Ho to provide complete written ry responses. This motion w ll be
heard on ember 29, VTCOA and Nguyen will also file a motion to compel SF
responses to written
CM-110 [Rev
CASE MANAGEMENT STATEMENT
m Town et al.
Economic litigation
s is and the economic
vilProcedure will apply to this cas
s is se and on to ase from the
callywhy latingto
should not app to this
The party st that the ttersbe considered or ed at the case
hearing on
MC w ed to
the final putes in
days to ent was n a ts per
an amended
Meet and
The party es have met and conferred th all s on ed by rule of the
of Court
ing as ed by of the ee on the
ue the et for 2018 to
for the ings on ns to
Total number of pages attached
am comp s case ared to he status ry and e d
as well ssues raised by tyto s on these sues at the timeof
the party
olas A.
NT NAME)
(TYPE OR PRINT OF PARTY OR ATTORNEY)
CASE MANAGEMENT STATEMENT
CASE NUMBER:
lnc., et al. v. Vietnam Town
.__Condominium Own et al.
r and ike was sustained, in with leave to amend.
(Required for verified tems on this pagestated on on and beliefare (specify item
This page may be used with any Judicial form or any other paperfiled witthe court.
ADDITIONAL PAGE
Attach to Judicial Council Form or Other Court Paper
OF OF SERVICE
Case Name: tnam Town Condominium
ta Clara Court Case
am employed in the County Contra Costa, State My business address is
Walnut Creek, California
and not a party to the within
6 On October served the within:
ASE MANAGEMENT
on the party[ies] listed below, ssed as follows:
(SEE ATTACHED SERVICE LIST)
es (C.C.P. 1013, 1013a). By causing
a true copy o be enclosed in a ed envelope or addressed to the
ies] as stated on the attached service list. am readily familiar with the firm's
business practice for collection and processing envelopes and packages for mailing with
d States Postal mail is deposited
ordinary course business with the United States Postal Service at Walnut
California, that same with postage thereon fully am aware that upon motion
the party service is presumed invalid postal cancellation date or postage meter
date on the envelope or package is more than one day after the date deposit for
1013, 1013a). By causing a true copy hereof to be
enclosed in a sealed envelope ignated by the express service with all
very fees id or o the as stated on the
service list. am readily familiar with the firm's business practice for collection and
iveries for sit in a or other
maintained by the express service ered to an authorized courier or
authorized by the express service carrier to receive documents. Under the firm's practice,
deliveries are y course siness with the express
service carrier at Walnut Creek, California, that same
By causing a true copy to be
delivered in a sealed ope or package addressed to the party[ies] as stated on the
By Elect sed the above-entitled document(s) to be served
to all parties appearing on
the electronic service listassociated with this A copy c filing receipt
h the
declare under penalty perjury under the laws the State California that the
foregoing is true and correct. Executed Creek, California.
Barbara Curzi
WEIL, LLP
e 500
SERVICE LIST
2 Case Name: San Francisco
Case No:
707 Continental Circle, Law Offices of T. Tang
Mountain View, CA 94040 1580 Oakland
408) 882-5070 CA 95131
(408) 816-8098
for Plaintiff
San Francisco Pizza, Inc. for Plaintiffs
en, Nghia Nguyen, Kim
Ngoc Bui
Guy Wainwright on, Esq.
Low Ball
533 Airport Blvd. Suite 400 505 Montgomery
Burlingame, CA 94010 CA 94111-2584
(650) 268-8128
Co-Counsel for Defendant Attorney for
Vietnam Town Services, Inc. (sued as
Association, Inc. Association Management)
Ben Schnayerson, Esq.
Wood, Smith, Henning Berman LLP McNamara, Ney, Beatty, et al.
Willow Pass Suite 700 3480 Buskirk A Suite 250
CA 94520 CA 94523
(925) 222-3336 (925) 939-5330
for Defendant Attorneys for Ngoc Bui
2175 N Blvd Suite
Preview
NEY OR ATTOR FOR COURT USE SBN: 248900 BERDING & WEIL LLP 2175 N. California Blvd., Walnut Creek, CA 94596 TELEPHONE NO FAX NO. Town Condominium SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANT A CLARA North First Street North First Street ZIP CODE 9 5113 San Francisco Pizza, Inc., et al. Vietnam Town Condominium Assoc., et al. CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded or less) A CASE MANAGEMENT CONFERENCE ed as October 16, 2018 10:00 a.m. ess of court different from the address above): Appear by Telephone, by Nicholas A. Rogers applicable boxes must be checked, and the specified information must Party or parties This statement This statement etnam Town Condominium Owners Association and Joseph Nguyen; Khanh Cao Huu and Joany Yuin. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) The complaint was filed on The cross-complaint if any, was filed on (to be answered by plaintiffs and cross-complainants only) All parties named the complaint and complaint have been served, have appeared, have been The following parties named the complaint or have not been served (specify names and explain why not): have been served but have not appeared and have not been dismissed (specify names): have had default entered against them (specify names): The following additional parties may (specifynames, nature involvement in and date by which they may be Type of case including causes The First Amended Complaint asserts the following (1) trespass; (2) conversion; (3) intentional interference with ctiveeconomic (4) breach contract; (5) declaratory relief:(6) ion; (8) civil on; and (9) unlawful business practices. (Cont'd on Attachment.) ted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT of Court, m Town m Owners Assoc., et al. brief statementof the case,includingany personal injurydamages are sought,specify the injury and damages claimed,including medical expenses to date catesource and amount], estimated futuremedical earnings to date, and mated future lost equitablerelief sought,describe the nature the relief.) Plaintiffs'contend on approved conversion of Plaintiffs'retail condo unitfor use; use to service the and architectural change performed therein. The Association Mr. Nguyen deny more space check this box and attacha page designated Attachment 4b.) nonjury trial The party or partiesrequest jurytrial more than one provide the name each party requesting a Trial date The trial has been set for No trial date has been set. This case will be ready for trial within months of thedate of the tiling of the complaint not, explain) Dates on which partiesor attorneyswillnot be availablefor trial (specifydates and explain reasons for Estimated length The party or parties estimate that the al will take hours (short causes) Trialrepresentation (to be answered for each party) The party or parties will be represented at trial by the attorneyor party listed the caption by the f. Fax E-mail address: Additionalrepresentation is describedin Attachment This case entitled to preference (specifycode Alternative dispute resolution Please note that different ADR processes are availablein different courtsand the ADR informationpackage provided by the courtunder rule 221 for informationabout theprocesses availablethrough the court and community programs in this case. (1) For partiesrepresented by has not provided the ADR informationpackage identified in rule 3.221 to the client and reviewed ADR optionswith the client. (2) For self-represented has not reviewed the ADR information package identifiedin rule to judicial arbitration or civil action (if available). This matter is subject to mandatory judicial trationunder Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Proceduresection because the amount controversy does not exceed the Plaintiff elects to refer this case to judicial trationand agrees to mitrecovery to theamount specifiedin Code of Procedure section This case s exempt from judicial trationunder rule 811 of the California Rules of Court or from mediation under Code of vil Procedure section 1775 et seq. CASE MANAGEMENTSTATEMENT San Francisco et al. m Town Condominium Assoc., et al. cate the ADR process or processes that the party or es are willing to participate have agreed to participate have already participatedin (checkall that apply and provide the specified The party or partiescompleting If the party or parties completing this form the case have agreed or have already completed an ADR process or processes, participatein the following ADR indicatethe statusof the processes the parties' ADR (check all that Mediation session not yet schedu Mediation session scheduled for Agreed to complete ation by Mediation completed on Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for Agreed to complete settlementconference by Settlement conference completed on Neutral evaluationnot yet scheduled Neutral evaluationscheduled for (3) Neutralevaluation Agreed to complete neutralevaluationby uation completed arbitration not yet scheduled Nonbinding judicial Judicialarbitration scheduled for Agreed to completejudicial ation by cialarbitrationcompleted on (date): Privatearbitrationnot yet scheduled Binding private Privatearbitration scheduled for Agreed to complete private on by Privatearbitrationcompleted on ADR session not yet scheduled ADR session scheduled for (6) Other Agreed to completeADR session by ADR completed on CASE MANAGEMENT STATEMENT CASE NUMBER: Francisco Pizza, Inc. et al. Town Condominium Owners Insurance carrier,if any, for party filing this statement n Ins. Reservation of Coverage issues will significantly affectresolutionof s case Indicateany matters thatmay affect the court's jurisdiction or processing of this case and describe the Related cases, There are companion, underlying, or related cases. Name of (2) Name of (3) Case number: Additionalcases are bed in Attachment 13a. on to willbe filedby The party or es intend to file motion for an orderbifurcating, severing,or coordinatingthe followingissues or causes of (specify moving and reasons): Other motions The party or es expect to file the following motions before trial (specify movingparty,type motion, and The Association and Mr. Nguyen will file a Motion for Summary Judgment or in the Alternative Motion Summary Adjudication prior to trial;and a motion to compel SF The party or partieshave completed all discovery. The followingdiscovery will be completedby the date (describeall anticipated discovery) Description Date n Discovery (motions to compel pending) Defendants Party and Witness Depositions February 2019 Defendants Expert Depositions Per Code The followingdiscovery includingissues ng the discovery of electronically stored information,are VTCOA and J. Nguyen have fileda motion to compel PlaintiffsTan yen, and Kim Thuy Ho to provide complete written ry responses. This motion w ll be heard on ember 29, VTCOA and Nguyen will also file a motion to compel SF responses to written CM-110 [Rev CASE MANAGEMENT STATEMENT m Town et al. Economic litigation s is and the economic vilProcedure will apply to this cas s is se and on to ase from the callywhy latingto should not app to this The party st that the ttersbe considered or ed at the case hearing on MC w ed to the final putes in days to ent was n a ts per an amended Meet and The party es have met and conferred th all s on ed by rule of the of Court ing as ed by of the ee on the ue the et for 2018 to for the ings on ns to Total number of pages attached am comp s case ared to he status ry and e d as well ssues raised by tyto s on these sues at the timeof the party olas A. NT NAME) (TYPE OR PRINT OF PARTY OR ATTORNEY) CASE MANAGEMENT STATEMENT CASE NUMBER: lnc., et al. v. Vietnam Town .__Condominium Own et al. r and ike was sustained, in with leave to amend. (Required for verified tems on this pagestated on on and beliefare (specify item This page may be used with any Judicial form or any other paperfiled witthe court. ADDITIONAL PAGE Attach to Judicial Council Form or Other Court Paper OF OF SERVICE Case Name: tnam Town Condominium ta Clara Court Case am employed in the County Contra Costa, State My business address is Walnut Creek, California and not a party to the within 6 On October served the within: ASE MANAGEMENT on the party[ies] listed below, ssed as follows: (SEE ATTACHED SERVICE LIST) es (C.C.P. 1013, 1013a). By causing a true copy o be enclosed in a ed envelope or addressed to the ies] as stated on the attached service list. am readily familiar with the firm's business practice for collection and processing envelopes and packages for mailing with d States Postal mail is deposited ordinary course business with the United States Postal Service at Walnut California, that same with postage thereon fully am aware that upon motion the party service is presumed invalid postal cancellation date or postage meter date on the envelope or package is more than one day after the date deposit for 1013, 1013a). By causing a true copy hereof to be enclosed in a sealed envelope ignated by the express service with all very fees id or o the as stated on the service list. am readily familiar with the firm's business practice for collection and iveries for sit in a or other maintained by the express service ered to an authorized courier or authorized by the express service carrier to receive documents. Under the firm's practice, deliveries are y course siness with the express service carrier at Walnut Creek, California, that same By causing a true copy to be delivered in a sealed ope or package addressed to the party[ies] as stated on the By Elect sed the above-entitled document(s) to be served to all parties appearing on the electronic service listassociated with this A copy c filing receipt h the declare under penalty perjury under the laws the State California that the foregoing is true and correct. Executed Creek, California. Barbara Curzi WEIL, LLP e 500 SERVICE LIST 2 Case Name: San Francisco Case No: 707 Continental Circle, Law Offices of T. Tang Mountain View, CA 94040 1580 Oakland 408) 882-5070 CA 95131 (408) 816-8098 for Plaintiff San Francisco Pizza, Inc. for Plaintiffs en, Nghia Nguyen, Kim Ngoc Bui Guy Wainwright on, Esq. Low Ball 533 Airport Blvd. Suite 400 505 Montgomery Burlingame, CA 94010 CA 94111-2584 (650) 268-8128 Co-Counsel for Defendant Attorney for Vietnam Town Services, Inc. (sued as Association, Inc. Association Management) Ben Schnayerson, Esq. Wood, Smith, Henning Berman LLP McNamara, Ney, Beatty, et al. Willow Pass Suite 700 3480 Buskirk A Suite 250 CA 94520 CA 94523 (925) 222-3336 (925) 939-5330 for Defendant Attorneys for Ngoc Bui 2175 N Blvd Suite