Preview
CM-110
“ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, Stato Bar numbor and addrass) FOR COURT USE ONLY
Richard Eichenbaum, Esq., SBN 157065.
(Caputo & Van Der Walde, LLP
51 E. Campbell Ave., Suite 120, Campbell, CA 95008
TELEPHONE No. 408-733-0100 FAX NO. (Optiona):
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name): Plaintiff Lalani Nailau
SUPERIOR COURT OF CALIFORNIA, GOUNTY OFSanta Clara
street aporess 191 N, First Street
wallina aoREss 191 N. First Street
ory ano zP cope San Jose,CA 95113
BRANCH NAME Downtown Superior Court
PLAINTIFF/PETITIONER: Lalani Nailau
OEFENDANT/RESPONDENT: Susan M. Clarke, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [GZ] unumiteocase [_] LiMiTED CASE 1ecv2so824
(Amount demanded (Amount demanded is $25,000 | [Consolidated with 18CV321960]
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 19, 2019 Time: 10:00 a.m. Dept. 9 Div.: Room:
Address of court (if different from the address above}:
[J 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 ona):
a. GZ] This statement is submitted by party (name): Lalani Nailau
b. [] 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): 9/13/16 and 1/18/18
b. [2] The cross-complaint, if any, was filed on (date):
3. Service (to ba answered by plaintiffs and cross-complainants only)
a wa All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [£) The fatlowing parties named in the complaint or cross-complaint
(1) [21 have not been served (specify names and explain why not):
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) [1] have had a default entered against them (specify names):
c. [1 Tha following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Typsofcasein LZ} complaint [_] cross-complaint (Describe, including causes of action):
Personal injury - DUI Auto, with punitive damages alleged. Consolidated with Complaint for Violation Uniform
Voidable Transfer and Conspiracy.
Paga tof 5
re pantie Poser td CASE MANAGEMENT STATEMENT Cal, Rules of Court,
Audiclal Couned ot Calfornin vlog 3720-3. 730
EM-110 [Rev. July 4, 2011) worn. courte.ca.govCM-110
PLAINTIFF/PETITIONER: Lalani Nailau oe “a os
DEFENDANT/RESPONDENT; Susan M. Clarke, et al. a
4. b. Provide a brief statement of the case, Including any damages. (if persona! injury damages are sought, specity the Injury and
damages claimed, including medical expenses to date [indicate sourca and amount], estimated future medical expenses, lost
samings to date, and estimated future lost eamings. if equitable relief is sought, dascribe the nature of the relief.)
Defendant failed to stop at a stop sign and failed to yield to oncoming traffic, resulting in an accident that caused
serious injuries to plaintiff. Plaintiff believes that defendant driver was intoxicated and this contributed to the
incident. Plaintiff sustained pelvis and rib fractures in addition to other injuries. Medical bills are approximately
$48,000.00. Defendant transferred her house to her father, who hid the property in a trust.
[1] (more space is needed, chack this box and attach @ page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or partles request Boa jury trial Ca nonjury trial. (if more than one party, provide the name of each party
raquesting a jury trial):
6. Trial date
@. [J The trial has bean set for (date):
b. WZ No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of tha complaint (if
not, explain):
¢. Dates on which parties or al s will not be available for trial (5; dates and explain reasons for unavailability):
Waeks of May 20, 2019: May 7. 2018; ard August 9, BOIS aa " ae
7. Estimated length of triat
The party or parties estimate that the tial will take (check one):
a. GZ) days (specify number): Five (5) days
b. [1 hours (short causes) (spacity):
8. Trial representation (fo be answered for each party)
‘The party or parties will be represented at trial [7] by the altomey or party listed in tha caption [7] by the following:
a. Altorney:
b. Firm:
c. Address:
d, Telephone number: f Fexnumber:
@,__E-mall address: g. Party represented:
(=) 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 cammunily programs in this case.
(1) For parties reprasented by counsel: Counsel GZ has (7) has not provided the ADR information package identified
In rule 3,221 to the client and reviewed ADR options wilh the client.
(2) For self-reprasented parties; Party [_] has [—] has not reviewed the ADR information package identified in rule 3.221.
b. Referral to Judicial arbitration or civil} actlon mediation (if available),
(1) [-} This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 orto civil action
eso ee ‘ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
tory limit.
(2) [] Plaintiff elects to refer this case to Jucicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) [] This case is exempt from Judicial arbitration under rule 3.814 of the California Rules of Courtar from clvil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
GW-110 Fev, by} 201] CASE MANAGEMENT STATEMENT Page zorsCM-110
| PLAINTIFF/PETITIONER: Lalani Nailau
DEFENDANT/RESPONDENT: Susan M. Clarke, et al.
[CASE NUMBER:
16CV299824
10, c. Indicate the ADR process or processes that the party or parties are willing lo participate in, have agreed to participate in, or
have already pariicipated in (check all that apply and provide the specified information):
The party or parlies completing
this form are willing to
Participate in the following ADR
processes (check al! that apply):
If the party or parties completing this form in the case have agreed lo
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties’ ADR
stipulation):
(1) Madiation
wa
Mediation session nol yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):if A will contribute
Mediation completed on (data):
(2) Settlement
conference
Settlement conference not yet scheduled
Setilement conference scheduled for (date):
Agreed to complete settlement conference by (dafe):if 4 will
Settiement conference completed on (date):
contribute
(3) Neutral evaluation
Neutral evaluation not yal scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (data):
(4) Nonbinding judicial
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
(8) Binding private
arbitration
Private arbitration not yet schadulad
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify):
OOOU;OO00|/0000/0000/0800/0800
ADR session nol yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
‘CM-170 [Rev July 1, 2011)
CASE MANAGEMENT STATEMENT
Page dotsCM-110
PLAINTIFFIPETITIONER: Lalani Nailau ‘CASE NUMBER:
EE 1ecv2e9824
DEFENDANT/RESPONDENT: Susan M. Clarke, et al.
11. Insurance
a. LZ) insurance carrier, if any, for party filing this statament (name):
b, Reservation of rights: CJ] yes [_] No
c. LZ) Coverage issues will significantly affect resolution of this case (explain):
Defendant's have a minimal policy and plaintiff's damages clearly exceed defendant's policy limits.
Defendants have assets and have atternpted to conceal the assets. A second lawsuit has been filed and is
consolidated with Case No. 160299824,
12. Jurisdiction
Indicate any matters that may affect the court's Jurisdiction or processing of this case and describe the slatus.
([] Bankruptcy [] other (specify):
Status:
13, Related cases, consolidation, and coordination
a. fc There are companion, underlying, or related cases.
(1) Name of case: Nailau v. Susan M. Clarke, et al.
(2) Name of court: Santa Clara County Superior Court
{3) Case number: 18CV321960
{4) Status: Consolidated with Case No. 16CV299824
[1] Additional cases are described in Attachment 13a,
b. [1Amotionto [] consotidate [] coordinate —_will be filed by (name party):
14. Bifurcation
J the Parly 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 parly or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Plaintiff has filed the following discovery motions:
1) Motion to Compel Further Deposition and Further Document Production scheduled on 3/5/19
2) Motion to Compel Production of Documents scheduled on 4/30/19
16. Discovery
a. [_] The party or parties have completed all discovery.
b. GZ) the following discovery will be completed by the date specified (describe al anticipated discovery):
Party Description Date
Plaintiff Written discovery to defendants Ongoing
Plaintiff Expert discovery Reserved
c. G7] The following discovary issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Discovery in the consolidated case is very difficult. Plaintiff was forced to file discovery mations: Motion to
Compel Further Deposition and Production of the Pickle Asset Protection Trust aka "Pickle Marital Trust” is
scheduled on March 5, 2019 and another Motion to Compe! for Further Production on April 30, 2019.
(CMe 40 [Rav July 1, 2014] CASE MANAGEMENT STATEMENT eeCM-110
PLAINTIFF/PETITIONER: Lalani Nailau Ce
- 16cv299824
DEFENDANT/RESPONDENT: Susan M. Clarke, et al.
17. Economic titigation
a. [] This is a limited civil case (i.e., the amount demanded is $25,000 or lass) and the economic litigation procedures in Cade
of Civil Procedure sections 90-98 will apply to this case.
». [1] This Is a limited civit 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 aconomic 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
conferance (specify):
19. Meet and confer
a. CL] The panty 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. Afler meating and conferring as required by rule 3.724 of the Cal fomia Rules of Court, the parties agree on the following
(specify):
(Berens Motion is, unfortunately, the only way to force Defendants and their personal attorney to comply.
20. Total number of pages altached (if any): 0
{am completely familiar with this case and will be fully prepared to discuss the status of discovery and altemalive 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 ment conferance, including the written authority of the party where required. _
i
Date:. 2019
Richard E. Eichenbaum, Esq. > :
{TYPE OR PRINT NAME) * (iGnarurd OF PARTY OR ATTORNEY) ——
(TYPE OR PRINT NAME} {SIGNATURE OF PARTY OR ATTORNEY)
[[) Additional signatures are attached,
G-110 fhe: dy 3, 2011] CASE MANAGEMENT STATEMENT Page SotsConsolidated Case Name: Nailau v. Clarke, et al.
Case No.: 16CV299824 (Consolidated w/18CV321960)
PROOF OF SERVICE
I am over the age of eighteen years and not a party to the within action. My business address
is 51 East Campbell Avenue, Suite 120, Campbell, CA 95008. I am employed in the county of Santa
Clara where this service occurs, I am readily familiar with my employer’s normal business practice
for collection and processing of correspondence for mailing with U.S. Postal Service, and that practice
is that the correspondence is deposited with the U.S. Postal Service the same day as the day of
collection in the ordinary course of business.
On the date set forth below, following ordinary business practice, I served a true copy of the
foregoing document(s) described as:
CASE MANAGEMENT STATEMENT
|
10 on the parties listed below.
0)
2
al
14
15)
16
17
18
19
2
21
6
B
(BY MAIL) | caused such envelope(s) with postage thereon fully prepaid to be placed in the United States
mail at Campbell, California.
(BY FAX) by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below,
____ 0 as stated on the attached service list, on this date before 5,00 p.m.
~~ BY HAND-DELIVERY BY COURIER SERVICE) I caused such envelope(s) to be delivered to a same-
day couricr service with delivery fees provided for, addressed to the person(s) on whom it is to be served.
(BY OVERNIGHT DELIVERY) I caused such envelope(s) to be delivered to an overnight delivery cartier
with delivery fees provided for, addressed to the person(s) on whom itis to be served.
(BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices
of the addressee(s).
Other. ELECTRONIC MAIL -~ I caused the document(s) listed above to the email addresses set forth below,
or as stated on the attached service list, on this date.
x
Thomas J. Murray, Esq. Altorney for Defendants,
Geoffrey Meisner, Esq. Susan M. Clarke and Albert K. Clarke
Kern, Segal & Murray
1388 Sutter Street, Suite 600
San Francisco, CA 94109
Telephone: (415) 474-1900;
Facsimile: (415) 474-0302
Bradlcy Kass, Esq. Attorney for Defendants,
Kass & Kass Law Offices SUSAN M. CLARKE, ALBERT K. CLARKE,
1900 S. Norfolk Street, Suite 265 ROBERT M. PICKLE & THE PICKLE
San Mateo, CA 94403 MARITAL TRUST, ROBERT M. PICKLE AS
Ph: 650.579.0612 TRUSTEE
Fx: 650.579.0760
I certify and declare under penalty of perjury,
is true and correct. A
Executed on: y__, 2019
ri ia that the foregoing
Corene Abrego
PROOF OF SERVICE
Preview
CM-110 “ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, Stato Bar numbor and addrass) FOR COURT USE ONLY Richard Eichenbaum, Esq., SBN 157065. (Caputo & Van Der Walde, LLP 51 E. Campbell Ave., Suite 120, Campbell, CA 95008 TELEPHONE No. 408-733-0100 FAX NO. (Optiona): E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name): Plaintiff Lalani Nailau SUPERIOR COURT OF CALIFORNIA, GOUNTY OFSanta Clara street aporess 191 N, First Street wallina aoREss 191 N. First Street ory ano zP cope San Jose,CA 95113 BRANCH NAME Downtown Superior Court PLAINTIFF/PETITIONER: Lalani Nailau OEFENDANT/RESPONDENT: Susan M. Clarke, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [GZ] unumiteocase [_] LiMiTED CASE 1ecv2so824 (Amount demanded (Amount demanded is $25,000 | [Consolidated with 18CV321960] exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 19, 2019 Time: 10:00 a.m. Dept. 9 Div.: Room: Address of court (if different from the address above}: [J 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 ona): a. GZ] This statement is submitted by party (name): Lalani Nailau b. [] 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): 9/13/16 and 1/18/18 b. [2] The cross-complaint, if any, was filed on (date): 3. Service (to ba answered by plaintiffs and cross-complainants only) a wa All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [£) The fatlowing parties named in the complaint or cross-complaint (1) [21 have not been served (specify names and explain why not): (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [1] have had a default entered against them (specify names): c. [1 Tha following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Typsofcasein LZ} complaint [_] cross-complaint (Describe, including causes of action): Personal injury - DUI Auto, with punitive damages alleged. Consolidated with Complaint for Violation Uniform Voidable Transfer and Conspiracy. Paga tof 5 re pantie Poser td CASE MANAGEMENT STATEMENT Cal, Rules of Court, Audiclal Couned ot Calfornin vlog 3720-3. 730 EM-110 [Rev. July 4, 2011) worn. courte.ca.govCM-110 PLAINTIFF/PETITIONER: Lalani Nailau oe “a os DEFENDANT/RESPONDENT; Susan M. Clarke, et al. a 4. b. Provide a brief statement of the case, Including any damages. (if persona! injury damages are sought, specity the Injury and damages claimed, including medical expenses to date [indicate sourca and amount], estimated future medical expenses, lost samings to date, and estimated future lost eamings. if equitable relief is sought, dascribe the nature of the relief.) Defendant failed to stop at a stop sign and failed to yield to oncoming traffic, resulting in an accident that caused serious injuries to plaintiff. Plaintiff believes that defendant driver was intoxicated and this contributed to the incident. Plaintiff sustained pelvis and rib fractures in addition to other injuries. Medical bills are approximately $48,000.00. Defendant transferred her house to her father, who hid the property in a trust. [1] (more space is needed, chack this box and attach @ page designated as Attachment 4b.) 5. Jury or nonjury trial The party or partles request Boa jury trial Ca nonjury trial. (if more than one party, provide the name of each party raquesting a jury trial): 6. Trial date @. [J The trial has bean set for (date): b. WZ No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of tha complaint (if not, explain): ¢. Dates on which parties or al s will not be available for trial (5; dates and explain reasons for unavailability): Waeks of May 20, 2019: May 7. 2018; ard August 9, BOIS aa " ae 7. Estimated length of triat The party or parties estimate that the tial will take (check one): a. GZ) days (specify number): Five (5) days b. [1 hours (short causes) (spacity): 8. Trial representation (fo be answered for each party) ‘The party or parties will be represented at trial [7] by the altomey or party listed in tha caption [7] by the following: a. Altorney: b. Firm: c. Address: d, Telephone number: f Fexnumber: @,__E-mall address: g. Party represented: (=) 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 cammunily programs in this case. (1) For parties reprasented by counsel: Counsel GZ has (7) has not provided the ADR information package identified In rule 3,221 to the client and reviewed ADR options wilh the client. (2) For self-reprasented parties; Party [_] has [—] has not reviewed the ADR information package identified in rule 3.221. b. Referral to Judicial arbitration or civil} actlon mediation (if available), (1) [-} This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 orto civil action eso ee ‘ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the tory limit. (2) [] Plaintiff elects to refer this case to Jucicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) [] This case is exempt from Judicial arbitration under rule 3.814 of the California Rules of Courtar from clvil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): GW-110 Fev, by} 201] CASE MANAGEMENT STATEMENT Page zorsCM-110 | PLAINTIFF/PETITIONER: Lalani Nailau DEFENDANT/RESPONDENT: Susan M. Clarke, et al. [CASE NUMBER: 16CV299824 10, c. Indicate the ADR process or processes that the party or parties are willing lo participate in, have agreed to participate in, or have already pariicipated in (check all that apply and provide the specified information): The party or parlies completing this form are willing to Participate in the following ADR processes (check al! that apply): If the party or parties completing this form in the case have agreed lo participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties’ ADR stipulation): (1) Madiation wa Mediation session nol yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date):if A will contribute Mediation completed on (data): (2) Settlement conference Settlement conference not yet scheduled Setilement conference scheduled for (date): Agreed to complete settlement conference by (dafe):if 4 will Settiement conference completed on (date): contribute (3) Neutral evaluation Neutral evaluation not yal scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (data): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (8) Binding private arbitration Private arbitration not yet schadulad Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): OOOU;OO00|/0000/0000/0800/0800 ADR session nol yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): ‘CM-170 [Rev July 1, 2011) CASE MANAGEMENT STATEMENT Page dotsCM-110 PLAINTIFFIPETITIONER: Lalani Nailau ‘CASE NUMBER: EE 1ecv2e9824 DEFENDANT/RESPONDENT: Susan M. Clarke, et al. 11. Insurance a. LZ) insurance carrier, if any, for party filing this statament (name): b, Reservation of rights: CJ] yes [_] No c. LZ) Coverage issues will significantly affect resolution of this case (explain): Defendant's have a minimal policy and plaintiff's damages clearly exceed defendant's policy limits. Defendants have assets and have atternpted to conceal the assets. A second lawsuit has been filed and is consolidated with Case No. 160299824, 12. Jurisdiction Indicate any matters that may affect the court's Jurisdiction or processing of this case and describe the slatus. ([] Bankruptcy [] other (specify): Status: 13, Related cases, consolidation, and coordination a. fc There are companion, underlying, or related cases. (1) Name of case: Nailau v. Susan M. Clarke, et al. (2) Name of court: Santa Clara County Superior Court {3) Case number: 18CV321960 {4) Status: Consolidated with Case No. 16CV299824 [1] Additional cases are described in Attachment 13a, b. [1Amotionto [] consotidate [] coordinate —_will be filed by (name party): 14. Bifurcation J the Parly 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 parly or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiff has filed the following discovery motions: 1) Motion to Compel Further Deposition and Further Document Production scheduled on 3/5/19 2) Motion to Compel Production of Documents scheduled on 4/30/19 16. Discovery a. [_] The party or parties have completed all discovery. b. GZ) the following discovery will be completed by the date specified (describe al anticipated discovery): Party Description Date Plaintiff Written discovery to defendants Ongoing Plaintiff Expert discovery Reserved c. G7] The following discovary issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Discovery in the consolidated case is very difficult. Plaintiff was forced to file discovery mations: Motion to Compel Further Deposition and Production of the Pickle Asset Protection Trust aka "Pickle Marital Trust” is scheduled on March 5, 2019 and another Motion to Compe! for Further Production on April 30, 2019. (CMe 40 [Rav July 1, 2014] CASE MANAGEMENT STATEMENT eeCM-110 PLAINTIFF/PETITIONER: Lalani Nailau Ce - 16cv299824 DEFENDANT/RESPONDENT: Susan M. Clarke, et al. 17. Economic titigation a. [] This is a limited civil case (i.e., the amount demanded is $25,000 or lass) and the economic litigation procedures in Cade of Civil Procedure sections 90-98 will apply to this case. ». [1] This Is a limited civit 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 aconomic 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 conferance (specify): 19. Meet and confer a. CL] The panty 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. Afler meating and conferring as required by rule 3.724 of the Cal fomia Rules of Court, the parties agree on the following (specify): (Berens Motion is, unfortunately, the only way to force Defendants and their personal attorney to comply. 20. Total number of pages altached (if any): 0 {am completely familiar with this case and will be fully prepared to discuss the status of discovery and altemalive 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 ment conferance, including the written authority of the party where required. _ i Date:. 2019 Richard E. Eichenbaum, Esq. > : {TYPE OR PRINT NAME) * (iGnarurd OF PARTY OR ATTORNEY) —— (TYPE OR PRINT NAME} {SIGNATURE OF PARTY OR ATTORNEY) [[) Additional signatures are attached, G-110 fhe: dy 3, 2011] CASE MANAGEMENT STATEMENT Page SotsConsolidated Case Name: Nailau v. Clarke, et al. Case No.: 16CV299824 (Consolidated w/18CV321960) PROOF OF SERVICE I am over the age of eighteen years and not a party to the within action. My business address is 51 East Campbell Avenue, Suite 120, Campbell, CA 95008. I am employed in the county of Santa Clara where this service occurs, I am readily familiar with my employer’s normal business practice for collection and processing of correspondence for mailing with U.S. Postal Service, and that practice is that the correspondence is deposited with the U.S. Postal Service the same day as the day of collection in the ordinary course of business. On the date set forth below, following ordinary business practice, I served a true copy of the foregoing document(s) described as: CASE MANAGEMENT STATEMENT | 10 on the parties listed below. 0) 2 al 14 15) 16 17 18 19 2 21 6 B (BY MAIL) | caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at Campbell, California. (BY FAX) by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below, ____ 0 as stated on the attached service list, on this date before 5,00 p.m. ~~ BY HAND-DELIVERY BY COURIER SERVICE) I caused such envelope(s) to be delivered to a same- day couricr service with delivery fees provided for, addressed to the person(s) on whom it is to be served. (BY OVERNIGHT DELIVERY) I caused such envelope(s) to be delivered to an overnight delivery cartier with delivery fees provided for, addressed to the person(s) on whom itis to be served. (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). Other. ELECTRONIC MAIL -~ I caused the document(s) listed above to the email addresses set forth below, or as stated on the attached service list, on this date. x Thomas J. Murray, Esq. Altorney for Defendants, Geoffrey Meisner, Esq. Susan M. Clarke and Albert K. Clarke Kern, Segal & Murray 1388 Sutter Street, Suite 600 San Francisco, CA 94109 Telephone: (415) 474-1900; Facsimile: (415) 474-0302 Bradlcy Kass, Esq. Attorney for Defendants, Kass & Kass Law Offices SUSAN M. CLARKE, ALBERT K. CLARKE, 1900 S. Norfolk Street, Suite 265 ROBERT M. PICKLE & THE PICKLE San Mateo, CA 94403 MARITAL TRUST, ROBERT M. PICKLE AS Ph: 650.579.0612 TRUSTEE Fx: 650.579.0760 I certify and declare under penalty of perjury, is true and correct. A Executed on: y__, 2019 ri ia that the foregoing Corene Abrego PROOF OF SERVICE