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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
						
                                

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I CM-110 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, ands-16m“): FOR COURT USE ONLY Daniel J. Mash (Bar # l23678) McPharlin, Sprink es, & Thomas LLP F H'1 ' E n, 6l0 W. Santa Clara Street, Suite 400 San Jose, CA 951 I3 Jilll 29 l|8 (408) 293-1900 TELEPHONE N°-= W "0- (“Mr (408) 293- I 999 54M“ ADDRESS (WW0: dmash@mstpartners.com Francisco ATTORNEY FORtNM-e): San PizzaLlnc.. Plaintiff SUPERIOR COURT or CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS:l9l North First Street MAILING ADDRESS: San Jose CITVAND ZIPCOOE: 95l l3 BRANCH NAME: PLAINTIFF/PETITIONER: San Francisco Pizza Inc., et al. DEFENDANT/RESPONDENT: Vietnam Town Condominium Owner's Association, at al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): l1] UNLIMITED CASE (Amount demanded l:l LIMITED CASE (Amount demanded is $25,000 17C V 3 18l 5] exceeds $25.000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February l3, 20| 8 Time: 3:00 p.m. Dept: 19 Div.: Room: Address of court (if different from the address above): [:1 Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided. 1. Party or parties (answer one): [Z] a. b.- I: Plaintiffs This statement is submitted by party (name): This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): October 25, 20 I 7 b. l:l The cross-complaint. if any, was filed on (date): 3. Service (to be answered by plaintiffs and crosscomplainanls only) a. All parties named in the complaint and cross-complaint have been sewed. have appeared. or have been dismissed. b. C] The following parties named in the complaint or cross-complaint (1) El have not been served (specify names and explain why not): (2) C] have been served but have not appeared and have not been dismissed (specify names): (3) l:l have had a default entered against them (specify names): c. l:l 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 4. 3- Type or case in Other real property. complaint l:l cross-complaint (Describe,including causes of action): Page1cl 5 mggmfmmu I, 20‘I] II) (Rev. Jufy CM—I CASE MANAGEMENT STATEMENT Cal. Rule! 0' Court. rules 1720-1730 wwwioounsieaioov Lexisi\’e.xi:® Automated California Judicial Council Farm: CM-110 PLAINTIFF/PETITIONER: San Francisco Pizza lnc., et al. “HUME“: DEFENDANT/RESPONDENT: Vietnam Town Condominium Owner's Association, at al. |7CV3I8151 4. b. Provide a brief statement of the case, including any damages. (it 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 If equitable relief is sought, describe the nature of the relief.) earnings to date, and estimated future lost earnings. The parties have a dispute over a gas line at the condominium owned by plaintiffs Kim Thuy Ho, Nghia Nguyen, and Tan Nguyen. :I (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 a jury trialC] a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. [:1 The trial 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): ' 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. days (specify number): 5 b. El hours (short causes) (specify): Trial representation (to be answered for each party) a. Attorney: E The party or parties will be represented at trial {:l by the attorney or party listed in the caption by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: 9. E-mail address: 9. Party represented: |:I Additional representation is described in Attachment 8. Preference [:1 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 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. (1) For parties represented by counsel: Counsel has :1 has not provided the ADR information package identified b. (2) in rule 3.221 [:1 For self-represented parties: Party has i: to the client and reviewed ADR options with the client. has not reviewed the ADR information package identified in rule 3.221. Referral to judicial arbitration or civil action mediation (if available). (1) [:I This matter is sub'ect to mandatoryjudicial 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. (2) [:1 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) C) mediation under Code of Civil Procedure section of the California Rules of Courtor from civil action This case is exempt from judicial arbitration under rule 3.811 1775 et seq. (specify exemption): CM-‘wIRWM '-2°"| CASE MANAGEMENT STATEMENT P's-“'5 Lexieexis® A mama/ed California Judicial Council Farm: CM-110 CASE NUMBER: PLA'NT'FF/PET'T'ONERI _ San Francisco Pizza lnc., et al. DEFENDANT/RESPONDENT: l7CV3l8151 Vietnam Town Condominium Owner's Association, et al. 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 all that apply):stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation HDDD Agreed to complete mediation by (date): Mediation completed on (date): January 8, 20] 8 Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement DUDE 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 DUDE 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 DUDE 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 DUDE 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): DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-IlOlRevJuty 1‘20”) Page3of5 CASE MANAGEMENT STATEMENT LexisNexis® A momaled California Judicial Council F0mm CHI-.110. CASE NUMBER: PLAINTIFF/PETITIONER: San Francisco Pizza lnc., et al. DEFENDANT/RESPONDENT: . VIetnam Town CondomInIum .. . . Owner's AssocIatIon, et al. ‘ l7CV3l8151 11.Insurance a. E] Insurance carrier, if any. for party filing this statement (name): b. Reservation of rights:i:i Yes i: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. C] Bankruptcy i:i Other (specify): Status: 13.Related cases, consolidation, and coordination a. |:] There are companion, Name of case: underlying. or related cases. (1) (2)Name of court: (3)Case number: (4)Status: i:| Additional cases are described in Attachment 133. b. A motion to [:1 consolidate C] coordinate will be filed by (name party): 14.Bifurcation i:i The party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or causes of type of motion, and reasons): action (specify moving party, 15.Other motions m The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): session that took place on January 8, 2018 that was ultimately not There was a pending settlement from the mediation consummated. Plaintiffs attorney, Daniel J. Mashis in the process of making a motion to be relieved as counsel. 16. Discovery a. |:I The party or parties have completed all discovery. b. i:i Piny The following discovery will be completed by the date specified (describe all anticipated discovery). - Description M: c E] The including Issues regarding the discovery of electronically stored information, are following discovery Issues, anticipated (specify). CM-“MRMU'Y 2°“! 1- CASE MANAGEMENT STATEMENT Pan-"'5 LexisNexis® Automated Ca/Ifimtia Judicial Council Farm: CM-11O 0‘55 "UMBER PLAINTlFFIPETlTIONER: San Francisco Pizza lnc., et al. DEFENDANT/RESPONDENT: . Vietnam Town Condominium .. . . Owner's Assocnation,etal. 17C V 3 l 815| 17. Economic litigation a. CI 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. I:] 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 ':I 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. [E The all subjects required by rule 3.724 of the California Rules party or parties have met and conferred with all parties on 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): I 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:January 29, 2018 Daniel]. Mash D (TYPE 0R PRINT NAME) (SIGATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) I [SIGNATURE OF PARTV 0R ATTORNEY) E Additional signatures are attached. CM-"NRWU'Y ”0"! CASE MANAGEMENT STATEMENT “Iv-5°” LexisNexis® Automated California Judicial Council Farms _. San Francisco Pizza Inc. et al. v. Vietnam Town Condominium Owners Association, et a1:E D CaseNo. l7CV318151 MN on “J ,M lUlU 0151111 QF 1115 0011: PROOF OF SERVICE 3UUFTOF 1‘. ‘ 0s 1) T 4‘ ‘ Clara, Suite 400, San Jose CA 951 13. On the date set forth below I served the doc described ooooxioxmAwN as: CASE MANAGEMENT STATEMENT on the following parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: .— Attorney for Plaintiffs Attorney for Vietnam Town Condominium _.—- Owners Association and Joseph Nguyen Michael G. Ackerman N ._. Law Offices of Michael G. Ackerman Nicholas A. Rogers 2391 The Alameda, Suite 100 Berding Weil LLP _. L») Santa Clara, CA 95050 2175 N. California Blvd., Ste. 5 Walnut Creek, CA 94596 _. «b Lil _. A ttorney for Matrix Association Management 0\ _. and David Alvarado \l _. Guy W. Stilson 00 505 Montgomery St, .— 7‘h Floor _. O San Francisco, CA 94111 NO [g— [ X ] (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at San Jose, California. NN N b.) [ ] (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). A [\J [ ] (BY FEDERAL EXPRESS) I caused such document(s) with postage thereon fully N U1 prepaid to be placed in the Federal Express office at San Jose, California. O'\ N [ ] (BY ELECTRONIC MAIL) I caused such document(s) to be transmitted by electronic ’ N \l mail on this date to the offices of addressee(s). N 00 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [ ] ‘ (FEDERAL) I declare that I am employed in the office ofa member ofthe bar ofthis court at whose direction the service was made. Executed on January 2018, at San Jose, California. KW 29, OKOOONONLli-bwm— Courtney Minnis NN——-—-—-—-—-—‘—‘—-—- #oxoooqoxmhwm—