Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and adoress): FOR COURT USE ONLY
Rick W. Jarvis (SBN 154479)
Jarvis, Fay & Gibson, LLP
492 Ninth Street, Suite 310, Oakland, CA 94607
TELEPHONE No: (510) 238-1400 FAX NO. (Optional: (510) 238-1404
E-MAIL ADDRESS (Optional): rick@jarvisfay.com
ATTORNEY FOR (Name): Defendants/Respondents City of Palo Alto, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
street Avoress: 161 N. First Street
MAILING ADDRESS: 191 North First Street
city ANDzIP CODE: San Jose, CA 95113
BRANCH NAME: Qld Courthouse
PLAINTIFF/PETITIONER: John Tze
DEFENDANT/RESPONDENT: City of Palo Alto
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [1] imitep case 17 CV 309030
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 4, 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): Rick W. Jarvis
INSTRUCTIONS: All applicable boxes must be checked, and the specifi information must be provided.
Party or parties (answer one):
a [¥] This statement is submitted by party (name): City of Palo, et al.
b. [_] 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. [-] The cross-complaint, if any, was filed on (date):
Service (fo be answered by plaintiffs and cross-complainants only)
a C_] 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) [-] have not been served (specify names and explain why not):
(2) [-] have been served but have not appeared and have not been dismissed (specify names):
(3) [J have had a default entered against them (specify names):
c. [_] 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 [1 cross-complaint (Describe, including causes of action):
Petition for writ of administrative mandate and for writ of traditional mandate, coupled with a complaint for
declaratory and injunctive relief and an allegation of violation of civil rights
Page 4 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Cour,
Judicial Council of California rules 3,720-3,730
‘CM-110 (Rev. July 1, 2014], www.courts.ca. gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: John Tze
17 CV 309030
DEFENDANT/RESPONDENT: City of Palo Alto
4. be Provide a brief statement of the case, including any damages. (If 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.)
Petitioner challenges the City's assessment of daily civil penalties for its violation of a zoning ordinance provision
that requires the continued use of a building as a grocery store at the Edgewood Plaza Shopping Center. See
the City's Supplemental Trial Brief filed March 16, 2018.
[1] (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 CJ ajury trial, (1) 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): 10/10/17; 6/29/18
b. [1 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):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a CI days (specify number):
b. [_] 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 [) py the following:
a Attorney:
b. Firm:
©. Address:
d Telephone number: f. Fax number:
E-mail address:
e
g. Party represented:
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 [7] has [] 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 [J has [J has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
a) CO 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 saction 1775.3 because the amount in controversy does not exceed the
statutory limit.
2) 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) This case is exempt from ju | 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):
Equitable relief sought
GM-110 [Rev July 1. 2014] CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
be PLAINTIFF/PETITIONER: John Tze CASE NUMBER:
17 CV 309030
ENDANT/RESPONDENT: City of Palo Alto
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):
Co Mediation session not yet scheduled
Co Cl Mediation session scheduled for (date):
(1) Mediation
Oo Agreed to complete mediation by (date):
Co Mediation completed on (date):
co Settlement conference not yet scheduled
(2) Settlement Co Settlement conference scheduled for (date):
conference
Cc 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 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):
GW-110 [Rev July 1, 2077] Page 3 0f6
CASE MANAGEMENT STATEMENT
CM-110.
CASE NUMBER:
|
PLAINTIFF/PETITIONER: John Tze
17 CV 309030
DEFENDANT/RESPONDENT: City of Palo Alto
11. Insurance
a [1] Insurance carrier, if any, for party filing this statement (name).
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.
([] 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:
[1] Additional cases are described in Attachment 13a.
b. [] Amotion to [) 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
(7) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues).
The City may file a motion for judgment on the pleadings or other dispositive motion to resolve any remaining
claims, following the court's decision on the mandamus claims
16. Discovery
The party or parties have completed all discovery.
b. [] The following discovery will be completed by the date specified (describe alll anticipated discovery):
Party Description Date
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify).
(CM-110 (Rev July 4, 2011] CASE MANAGEMENT STATEMENT Page 4 of 6
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: John Tze
. 17 CV 309030
DEFENDANT/RESPONDENT: City of Palo Alto
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. | 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
[7] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The parties have made significant progress in negotiating the terms of a proposed stipulated judgment but, as
of the filing of this statement, they are not quite done.
19.Me 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 and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
See above.
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: November 26, 2018
Rick W. Jarvis
(TYPEOR PRINT NAME) V yn PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
{) Additional signatures are attached.
(CM-110 (Rev. July 1, 2014] Page § of 5
CASE MANAGEMENT STATEMENT
DECLARATION OF SERVICE
I, the undersigned, declare as follows:
Iam a citizen of the United States and employed in the County of Alameda; I am over the age of
eighteen years and not a party to the within entitled action; my business address is Jarvis, Fay & Gibson,
LLP, 492 Ninth Street, Suite 310, Oakland, California 94607.
On November 27, 2018, I served the within:
CASE MANAGEMENT STATEMENT
on the parties in this action, by serving the parties via Odyssey File & Serve, as required by Rule 6 of the
General Court and Administration Rules, at the email addresses shown below:
10 David P. Lanferman Attorneys for Petitioners
dlanferman@rutan.con JOHN TZE AND EDGEWOOD SC, LLC
11
12
I declare under penalty of perjury under the laws of the State of California that the foregoing is
13
true and correct.
14
Executed on November 27, 2018, at Oakland, California.
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17
Jennifer Dent
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19
20
21
22
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24
25
26
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28
Declaration of Service Case No. 17 CV 30930
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and adoress): FOR COURT USE ONLY Rick W. Jarvis (SBN 154479) Jarvis, Fay & Gibson, LLP 492 Ninth Street, Suite 310, Oakland, CA 94607 TELEPHONE No: (510) 238-1400 FAX NO. (Optional: (510) 238-1404 E-MAIL ADDRESS (Optional): rick@jarvisfay.com ATTORNEY FOR (Name): Defendants/Respondents City of Palo Alto, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara street Avoress: 161 N. First Street MAILING ADDRESS: 191 North First Street city ANDzIP CODE: San Jose, CA 95113 BRANCH NAME: Qld Courthouse PLAINTIFF/PETITIONER: John Tze DEFENDANT/RESPONDENT: City of Palo Alto CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [1] imitep case 17 CV 309030 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 4, 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): Rick W. Jarvis INSTRUCTIONS: All applicable boxes must be checked, and the specifi information must be provided. Party or parties (answer one): a [¥] This statement is submitted by party (name): City of Palo, et al. b. [_] 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. [-] The cross-complaint, if any, was filed on (date): Service (fo be answered by plaintiffs and cross-complainants only) a C_] 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) [-] have not been served (specify names and explain why not): (2) [-] have been served but have not appeared and have not been dismissed (specify names): (3) [J have had a default entered against them (specify names): c. [_] 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 [1 cross-complaint (Describe, including causes of action): Petition for writ of administrative mandate and for writ of traditional mandate, coupled with a complaint for declaratory and injunctive relief and an allegation of violation of civil rights Page 4 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Cour, Judicial Council of California rules 3,720-3,730 ‘CM-110 (Rev. July 1, 2014], www.courts.ca. gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: John Tze 17 CV 309030 DEFENDANT/RESPONDENT: City of Palo Alto 4. be Provide a brief statement of the case, including any damages. (If 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.) Petitioner challenges the City's assessment of daily civil penalties for its violation of a zoning ordinance provision that requires the continued use of a building as a grocery store at the Edgewood Plaza Shopping Center. See the City's Supplemental Trial Brief filed March 16, 2018. [1] (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 CJ ajury trial, (1) 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): 10/10/17; 6/29/18 b. [1 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): Estimated length of trial The party or parties estimate that the trial will take (check one): a CI days (specify number): b. [_] 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 [) py the following: a Attorney: b. Firm: ©. Address: d Telephone number: f. Fax number: E-mail address: e g. Party represented: 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 [7] has [] 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 [J has [J has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). a) CO 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 saction 1775.3 because the amount in controversy does not exceed the statutory limit. 2) 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) This case is exempt from ju | 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): Equitable relief sought GM-110 [Rev July 1. 2014] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 be PLAINTIFF/PETITIONER: John Tze CASE NUMBER: 17 CV 309030 ENDANT/RESPONDENT: City of Palo Alto 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): Co Mediation session not yet scheduled Co Cl Mediation session scheduled for (date): (1) Mediation Oo Agreed to complete mediation by (date): Co Mediation completed on (date): co Settlement conference not yet scheduled (2) Settlement Co Settlement conference scheduled for (date): conference Cc 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 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): GW-110 [Rev July 1, 2077] Page 3 0f6 CASE MANAGEMENT STATEMENT CM-110. CASE NUMBER: | PLAINTIFF/PETITIONER: John Tze 17 CV 309030 DEFENDANT/RESPONDENT: City of Palo Alto 11. Insurance a [1] Insurance carrier, if any, for party filing this statement (name). 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. ([] 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: [1] Additional cases are described in Attachment 13a. b. [] Amotion to [) 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 (7) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues). The City may file a motion for judgment on the pleadings or other dispositive motion to resolve any remaining claims, following the court's decision on the mandamus claims 16. Discovery The party or parties have completed all discovery. b. [] The following discovery will be completed by the date specified (describe alll anticipated discovery): Party Description Date c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify). (CM-110 (Rev July 4, 2011] CASE MANAGEMENT STATEMENT Page 4 of 6 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: John Tze . 17 CV 309030 DEFENDANT/RESPONDENT: City of Palo Alto 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. | 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 [7] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties have made significant progress in negotiating the terms of a proposed stipulated judgment but, as of the filing of this statement, they are not quite done. 19.Me 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 and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): See above. 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: November 26, 2018 Rick W. Jarvis (TYPEOR PRINT NAME) V yn PARTY OR ATTORNEY) (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) {) Additional signatures are attached. (CM-110 (Rev. July 1, 2014] Page § of 5 CASE MANAGEMENT STATEMENT DECLARATION OF SERVICE I, the undersigned, declare as follows: Iam a citizen of the United States and employed in the County of Alameda; I am over the age of eighteen years and not a party to the within entitled action; my business address is Jarvis, Fay & Gibson, LLP, 492 Ninth Street, Suite 310, Oakland, California 94607. On November 27, 2018, I served the within: CASE MANAGEMENT STATEMENT on the parties in this action, by serving the parties via Odyssey File & Serve, as required by Rule 6 of the General Court and Administration Rules, at the email addresses shown below: 10 David P. Lanferman Attorneys for Petitioners dlanferman@rutan.con JOHN TZE AND EDGEWOOD SC, LLC 11 12 I declare under penalty of perjury under the laws of the State of California that the foregoing is 13 true and correct. 14 Executed on November 27, 2018, at Oakland, California. 15 16 17 Jennifer Dent 18 19 20 21 22 23 24 25 26 27 28 Declaration of Service Case No. 17 CV 30930