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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
Cherie J. Edson (Bar No. 208598)
LEWIS BRISBOIS BISGAARD & SMITH LLP
333 Bush Street, Suite 1100
San Francisco, CA 94104-2872
tevepHone no: (415) 362-2580 FAXNO. (Optionay: (415) 434-0882
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Namey Defendants DENNIS B.K. FONG, DPJW GROUP Il, LP
and DP.JW MANAGEMENT LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street aporess: 191 N. First Street
MAILING ADDRESS:
city ano zip cove: San Jose, CA 95113-1090
BRANCH NAME
PLAINTIFF/PETITIONER: JUDIT VAN CAENEGEM, et al
DEFENDANT/RESPONDENT: DENNIS B.K. FONG, et al
CASE MANAGEMENT STATEMENT CASE NUMBER
170V321225
(Check one): X 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: July 23, 2019 Time: 10:00 a.m. Dept.: 9 Div.: Room:
Address of court (if different from the address above):
E]__ Notice of Intent to Appear by Telephone, by (name): Cherie J. Edson
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a (1 This statement is submitted by party (name):
b. KX] This statement is submitted jointly by parties (names): Defendants DENNIS B.K. FONG, DPJW GROUP II, LP
and DPJW MANAGEMENT, LLC
Complaint and cross-complaint (fo 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 (to be answered by plaintiffs and cross-complainants only)
a (Cs Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [1] The following parties named in the complaint or cross-complaint
(1) oO have not been served (specify names and explain why not):
(2) o have been served but have not appeared and have not been dismissed (specify names).
(3) oO have had a default entered against them (specify names):
C. O 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 EX] complaint C1 cross-complaint (Describe, including causes of action):
Breach of contract, negligence
Page 10f5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Cour,
Judicial Council of California rules 3,720-3730
(CM-110 [Rev. July 1, 2011] wvw.courts
American Ine.
wownw.
FormsWorkFlowcom
CM-110
PLAINTIFF/PETITIONER: JUDIT VAN CAENEGEM, et al. ‘CASE NUMBER:
170V321225
|DEFENDANT/RESPONDENT: JUDIT VAN CAENEGEM, et al.
4 b. 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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiffs claim damages arising from water damage as a result of a flood that occurred on or about January 3,
2016.
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 a jury trial 1 anonjury 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. KX days (specify number): 5-7 days
b. fy hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial i by the attorney or party listed in the caption 11 by the following:
a Attorney:
b. Firm:
©. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
fa] 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 X]_ has C1 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 C1 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
a0 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.
gO 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 of 5
‘American Leg
www. FormsWorkFlow o
CM-110
PLAINTIFF/PETITIONER: JUDIT VAN CAENEGEM, et al. CASE NUMBER:
170V321225
[DEFENDANT/RESPONDENT: JUDIT VAN CAENEGEM, 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):
o Mediation session not yet scheduled
oO Mediation session scheduled for (date):
(1) Mediation
Oo Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
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
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
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
(CM-110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5
Ameri tT
www.
CM-110
PLAINTIFF/PETITIONER: JUDIT VAN CAENEGEM, et al. CASE NUMBER
17C0V321225
|DEFENDANT/RESPONDENT: JUDIT VAN CAENEGEM, et al.
ae Insurance
a Kl Insurance carrier, if any, for party filing this statement (name): Allianz
b. Reservation of rights: 0 Yes 0 No
ec. 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.
o Bankruptcy [] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a 1 There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Oo Additional cases are described in Attachment 13a.
b. O Amotion to oO consolidate oO coordinate will be filed by (name party):
14. Bifurcation
(1 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):
16. Discovery
a. (1 The party or parties have completed all discovery.
b (1 The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendants Written Discovery wiin 150 days
Defendants Deposiitons Feb.2020
Defendants Supplemental Discovery May 2020
c. LD 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 40fs
American LegalN ine.
‘ww FormsWorkl
CM-110
PLAINTIFF/PETITIONER: JUDIT VAN CAENEGEM, et al. CASE NUMBER:
17CV321225
EFENDANT/RESPONDENT: JUDIT VAN CAENEGEM, et al.
17. Economic litigation
a. (1 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
(1 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: July 2.201 9
1
Cherie J. Edson
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
> //
,
(TYPE OR PRINT NAME) — (SIGNATURE OF PARTY OR ATTORNEY)
C2 Additional signatures are attached.
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5
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wow Forms Wor
CALIFORNIA STATE COURT PROOF OF SERVICE
Van Caenegem y. Dennis B.K. Fong, et al.
Santa Clara County Superior Court Case No. 17CV321225
STATE OF CALIFORNIA, COUNTY OF SANTA CLARA
At the time of service, I was over 18 years of age and not a party to the action. My
business address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872.
On July 5, 2019, I served the following document(s): CASE MANAGEMENT
STATEMENT
I served the documents on the following persons at the following addresses (including fax
numbers and e-mail addresses, if applicable):
David I. Kornbluh | Attorney for Plaintiffs JUDIT VAN
10
VENTURA HERSEY & MULLER, LLP CAENEGEM and SUITESWEET, LLC
1506 Hamilton Avenue Tel: (408) 512-3022 / Fax: (408) 512-3023
11
San Jose, CA 95125-4539 E-Mail dkornbluh@venturahersey.com
12
The documents were served by the following means:
13
(BY U.S. MAIL) I enclosed the documents in a sealed envelope or package addressed to
14 the persons at the addresses listed above and:
15 & Placed the envelope or package for collection and mailing, following our ordinary
business practices. | am readily familiar with the firm’s practice for collection and processing
16 correspondence for mailing. Under that practice, on the same day that correspondence is placed
for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal
17 Service, in a sealed envelope or package with the postage fully prepaid.
18 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
19
Executed on July 5, 2019, at San Francisco, California.
20
sia LA.
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22 wk Goode!
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LEWIS
BRISBOIS
BISGAARD
&
ATIORNES AT LAW
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Cherie J. Edson (Bar No. 208598) LEWIS BRISBOIS BISGAARD & SMITH LLP 333 Bush Street, Suite 1100 San Francisco, CA 94104-2872 tevepHone no: (415) 362-2580 FAXNO. (Optionay: (415) 434-0882 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Namey Defendants DENNIS B.K. FONG, DPJW GROUP Il, LP and DP.JW MANAGEMENT LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA street aporess: 191 N. First Street MAILING ADDRESS: city ano zip cove: San Jose, CA 95113-1090 BRANCH NAME PLAINTIFF/PETITIONER: JUDIT VAN CAENEGEM, et al DEFENDANT/RESPONDENT: DENNIS B.K. FONG, et al CASE MANAGEMENT STATEMENT CASE NUMBER 170V321225 (Check one): X 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: July 23, 2019 Time: 10:00 a.m. Dept.: 9 Div.: Room: Address of court (if different from the address above): E]__ Notice of Intent to Appear by Telephone, by (name): Cherie J. Edson INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a (1 This statement is submitted by party (name): b. KX] This statement is submitted jointly by parties (names): Defendants DENNIS B.K. FONG, DPJW GROUP II, LP and DPJW MANAGEMENT, LLC Complaint and cross-complaint (fo 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 (to be answered by plaintiffs and cross-complainants only) a (Cs Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [1] The following parties named in the complaint or cross-complaint (1) oO have not been served (specify names and explain why not): (2) o have been served but have not appeared and have not been dismissed (specify names). (3) oO have had a default entered against them (specify names): C. O 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 EX] complaint C1 cross-complaint (Describe, including causes of action): Breach of contract, negligence Page 10f5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Cour, Judicial Council of California rules 3,720-3730 (CM-110 [Rev. July 1, 2011] wvw.courts American Ine. wownw. FormsWorkFlowcom CM-110 PLAINTIFF/PETITIONER: JUDIT VAN CAENEGEM, et al. ‘CASE NUMBER: 170V321225 |DEFENDANT/RESPONDENT: JUDIT VAN CAENEGEM, et al. 4 b. 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 eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Plaintiffs claim damages arising from water damage as a result of a flood that occurred on or about January 3, 2016. 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 a jury trial 1 anonjury 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. KX days (specify number): 5-7 days b. fy hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial i by the attorney or party listed in the caption 11 by the following: a Attorney: b. Firm: ©. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: fa] 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 X]_ has C1 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 C1 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). a0 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. gO 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 of 5 ‘American Leg www. FormsWorkFlow o CM-110 PLAINTIFF/PETITIONER: JUDIT VAN CAENEGEM, et al. CASE NUMBER: 170V321225 [DEFENDANT/RESPONDENT: JUDIT VAN CAENEGEM, 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): o Mediation session not yet scheduled oO Mediation session scheduled for (date): (1) Mediation Oo Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement 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 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 (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (CM-110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 Ameri tT www. CM-110 PLAINTIFF/PETITIONER: JUDIT VAN CAENEGEM, et al. CASE NUMBER 17C0V321225 |DEFENDANT/RESPONDENT: JUDIT VAN CAENEGEM, et al. ae Insurance a Kl Insurance carrier, if any, for party filing this statement (name): Allianz b. Reservation of rights: 0 Yes 0 No ec. 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. o Bankruptcy [] Other (specify): Status: 13. Related cases, consolidation, and coordination a 1 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Oo Additional cases are described in Attachment 13a. b. O Amotion to oO consolidate oO coordinate will be filed by (name party): 14. Bifurcation (1 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): 16. Discovery a. (1 The party or parties have completed all discovery. b (1 The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Written Discovery wiin 150 days Defendants Deposiitons Feb.2020 Defendants Supplemental Discovery May 2020 c. LD 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 40fs American LegalN ine. ‘ww FormsWorkl CM-110 PLAINTIFF/PETITIONER: JUDIT VAN CAENEGEM, et al. CASE NUMBER: 17CV321225 EFENDANT/RESPONDENT: JUDIT VAN CAENEGEM, et al. 17. Economic litigation a. (1 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 (1 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: July 2.201 9 1 Cherie J. Edson (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) > // , (TYPE OR PRINT NAME) — (SIGNATURE OF PARTY OR ATTORNEY) C2 Additional signatures are attached. (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 ‘American Legal wow Forms Wor CALIFORNIA STATE COURT PROOF OF SERVICE Van Caenegem y. Dennis B.K. Fong, et al. Santa Clara County Superior Court Case No. 17CV321225 STATE OF CALIFORNIA, COUNTY OF SANTA CLARA At the time of service, I was over 18 years of age and not a party to the action. My business address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872. On July 5, 2019, I served the following document(s): CASE MANAGEMENT STATEMENT I served the documents on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): David I. Kornbluh | Attorney for Plaintiffs JUDIT VAN 10 VENTURA HERSEY & MULLER, LLP CAENEGEM and SUITESWEET, LLC 1506 Hamilton Avenue Tel: (408) 512-3022 / Fax: (408) 512-3023 11 San Jose, CA 95125-4539 E-Mail dkornbluh@venturahersey.com 12 The documents were served by the following means: 13 (BY U.S. MAIL) I enclosed the documents in a sealed envelope or package addressed to 14 the persons at the addresses listed above and: 15 & Placed the envelope or package for collection and mailing, following our ordinary business practices. | am readily familiar with the firm’s practice for collection and processing 16 correspondence for mailing. Under that practice, on the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal 17 Service, in a sealed envelope or package with the postage fully prepaid. 18 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 19 Executed on July 5, 2019, at San Francisco, California. 20 sia LA. 4 21 o Ab pt 2 22 wk Goode! 23 24 25 26 27 28 LEWIS BRISBOIS BISGAARD & ATIORNES AT LAW