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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Harvey S. Schochet (SBN 62673)
Davis Wright Tremaine LLP
505 Montgomery Street, Suite 800
San Francisco, CA 94111
TELEPHONE NO.: (415) 276-6500 FAX NO. (Optional): (415) 276-6599
E-MAIL ADDRESS (Optional): harveyschochet@dwt.com
ATTORNEY FOR (Name): Plaintiffs CanAm Minerals, Inc, et al. 8/24/2020
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
STREET ADDRESS: 1775 Concord Ave
MAILING ADDRESS: 1775 Concord Ave
CITY AND ZIP CODE: Chico CA 95928
BRANCH NAME: North Butte County Courthouse
PLAINTIFF/PETITIONER: CanAm Minerals, Inc. , et al.
DEFENDANT/RESPONDENT: BCJ Sand and Rock, Inc., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
18CV03051
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 9, 2020 Time: 10:30 a.m. Dept.: 1 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Harvey S. Schochet
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name):
b. This statement is submitted jointly by parties (names): Plaintiffs CanAm Minerals, Inc., TS Group, LLC, Industrial
Sands, LLC, and Tim Spurgeon
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): February 16, 2018 and First Amended Complaint filed December 12, 2018
b. The cross-complaint, if any, was filed on (date): October 16, 2018, October 22, 2018 and February 22, 2019
3. Service (to be answered by plaintiffs and cross-complainants only)
a. 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) 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):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
See Attachment 4(a)
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: CanAm Minerals, Inc., et al.
18CV03051
DEFENDANT/RESPONDENT: BCJ Sand and Rock, Inc., 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
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
This case arises out of a joint venture to conduct mining operations at the Pentz mine in Oroville. Plaintiffs seek
damages arising from breach of contract, tortious conduct, and fraud, as well as specific performance, declaratory
relief, and an accounting.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial): CanAm Minerals, Inc., TS Group, LLC, Industrial Sands, LLC, and Tim Spurgeon
6. Trial date
a. 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):Settlement talks are ongoing, which has put on hold case progression toward trial.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 7 to 10
b. hours (short causes) (specify):
8. 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 by the following:
a. Attorney: To Be Determined
b. Firm: Davis Wright Tremaine LLP
c. Address: 505 Montgomery Street, Suite 800, San Francisco, CA 94111
d. Telephone number: (415) 276-6500 f. Fax number: (415) 276-6599
e. E-mail address: harveyschochet@dwt.com g. Party represented: Plaintiffs
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 community programs in this case.
(1) For parties represented by counsel: Counsel 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 has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) 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.
(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 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] Page 2 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: CanAm Minerals, Inc., et al.
18CV03051
DEFENDANT/RESPONDENT: BCJ Sand and Rock, LLC, 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
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
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
(5) Binding private Private arbitration scheduled for (date):
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. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: CanAm Minerals, Inc., et al.
18CV03051
DEFENDANT/RESPONDENT: BCJ Sand and Rock, Inc., et al.
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. 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:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be filed by (name party):
14. Bifurcation
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):
Plaintiffs may file a motion for summary adjudication on one or more causes of action.
16. Discovery
a. The party or parties have completed all discovery.
b The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Written Discovery Per CCP
Plaintiffs Depositions Per CCP
Plaintiffs Expert Witness Discovery Per CCP
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Plaintiffs do not know whether all defendants have preserved all documents. Plaintiffs will address this
subject, as necessary, following receipt of discovery responses.
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: CanAm Minerals, Inc., et al.
18CV03051
DEFENDANT/RESPONDENT: BCJ Sand and Rock, Inc., et al.
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
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The parties continue to discuss possible settlement. Plaintiffs request a 60 day continuance.
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): 1
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: August 24, 2020
Harvey S. Schochet
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
MC-025
CASE NUMBER:
SHORT TITLE:
CANAM, et al. v. BCJ, et al. B18CV03051
ATTACHMENT (Number): 4(a)
(This Attachment may be used with any Judicial Council form.)
Causes of Action for the First Amended Complaint:
1. Breach of Contract
2. Breach of Implied Covenant of Good Faith and Fair Dealing
3. Specific Performance
4. Intentional Interference with Economic Advantage
5. Declaratory Relief
6. Accounting
7. Conversion
8. Intentional Interference with Contractual Relations
9. Breach of Fiduciary Duty
10. Constructive and Actual Fraudulent Transfer
Causes of Action for the Cross-Complaint of BCJ Sand and Rock, Inc.:
1. Intentional Misrepresentation
2. Negligent Misrepresentation
3. Rescission
4. Declaratory Relief
5. Interference with Economic Relations
Causes of Action for the Cross-Complaint of Brad Slender:
1. Intentional Misrepresentation
2. Negligent Misrepresentation
3. Rescission
4. Declaratory Relief
5. Interference with Economic Relations
Causes of Action for the Cross-Complaint of Darwin Christ:
1. Elder Abuse
2. Interference with Economic Relations
3. Fraud and Misrepresentation
4. Negligent Misrepresentation
5. Declaratory Relief
6. Breach of Contract
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use www.courtinfo.ca.gov
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009] to Judicial Council Form
1 PROOF OF SERVICE
CanAm Minerals, Inc. et al v. BCJ San and Rock, Inc., et al.
2 Butte County Superior Court Case No. Case No. 18CV03051
3 I am a resident of the State of California, over the age of eighteen years, and not a party to
4 the within action. My business address is David Wright Tremaine LLP, 505 Montgomery Street,
5 Suite 800, San Francisco, CA 94111. On $XJXVW24, 2020, I served the within document(s):
6 CASE MANAGEMENT STATEMENT BY PLAINTIFFS
MAIL - by placing the document(s) listed above in a sealed envelope with postage
7 thereon fully prepaid, in the United States mail at San Francisco, California addressed
as set forth below.
8
9 David R. Griffith, Esq. Marlon V. Young, Esq.
GRIFFIN HORN & SHEEHAN, LLP MERRILL, ARNONE & JONES, LLP
10 1530 Humboldt Road, Suite 3 3554 Round Barn Blvd. Suite 303
Chico, CA 95928 Santa Rosa, CA 95403
DAVIS WRIGHT TREMAINE LLP
11 Tel: (530) 812-1000 / Fax: (503) 809-1093 Tel: (707) 528-2882 / Fax: (707) 528-6015
Email: david@davidgriffithlaw.com Email: myoung@majlaw.com
12
Attorney for Defendant Attorney for Defendant
13 BCJ SAND AND ROCK, INC. and DARWIN CHRIST
VALLEY SILICA dba VALLEY SAND
14 AND ROCK, INC.
15
Douglas B. Jacobs, Esq.
16 JACOBS, ANDERSON, POTTER &
CHAPLIN LLP
17 20 Independence Circle
Chico, CA 95973
18 Tel: (530) 342-6144 / Fax: (530) 342-6310
Email: djacobs@japc-law.com
19
Attorney for Defendants
20 JAMES BRAD SLENDER
21 I am readily familiar with the firm's practice of collection and processing correspondence
22 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
23 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
24 motion of the party served, service is presumed invalid if postal cancellation date or postage meter
25 date is more than one day after date of deposit for mailing in affidavit.
26 I declare under penalty of perjury under the laws of the State of California that the above is
27 true and correct. Executed on $XJXVW24, 2020 at San Francisco, California.
_________________________________________
28
Amanda Henderson
1
PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Harvey S. Schochet (SBN 62673) Davis Wright Tremaine LLP 505 Montgomery Street, Suite 800 San Francisco, CA 94111 TELEPHONE NO.: (415) 276-6500 FAX NO. (Optional): (415) 276-6599 E-MAIL ADDRESS (Optional): harveyschochet@dwt.com ATTORNEY FOR (Name): Plaintiffs CanAm Minerals, Inc, et al. 8/24/2020 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE STREET ADDRESS: 1775 Concord Ave MAILING ADDRESS: 1775 Concord Ave CITY AND ZIP CODE: Chico CA 95928 BRANCH NAME: North Butte County Courthouse PLAINTIFF/PETITIONER: CanAm Minerals, Inc. , et al. DEFENDANT/RESPONDENT: BCJ Sand and Rock, Inc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: 18CV03051 (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 9, 2020 Time: 10:30 a.m. Dept.: 1 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Harvey S. Schochet INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): Plaintiffs CanAm Minerals, Inc., TS Group, LLC, Industrial Sands, LLC, and Tim Spurgeon 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): February 16, 2018 and First Amended Complaint filed December 12, 2018 b. The cross-complaint, if any, was filed on (date): October 16, 2018, October 22, 2018 and February 22, 2019 3. Service (to be answered by plaintiffs and cross-complainants only) a. 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) 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): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): See Attachment 4(a) Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: CanAm Minerals, Inc., et al. 18CV03051 DEFENDANT/RESPONDENT: BCJ Sand and Rock, Inc., 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) This case arises out of a joint venture to conduct mining operations at the Pentz mine in Oroville. Plaintiffs seek damages arising from breach of contract, tortious conduct, and fraud, as well as specific performance, declaratory relief, and an accounting. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): CanAm Minerals, Inc., TS Group, LLC, Industrial Sands, LLC, and Tim Spurgeon 6. Trial date a. 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):Settlement talks are ongoing, which has put on hold case progression toward trial. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 7 to 10 b. hours (short causes) (specify): 8. 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 by the following: a. Attorney: To Be Determined b. Firm: Davis Wright Tremaine LLP c. Address: 505 Montgomery Street, Suite 800, San Francisco, CA 94111 d. Telephone number: (415) 276-6500 f. Fax number: (415) 276-6599 e. E-mail address: harveyschochet@dwt.com g. Party represented: Plaintiffs 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 community programs in this case. (1) For parties represented by counsel: Counsel 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 has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 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. (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 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] Page 2 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: CanAm Minerals, Inc., et al. 18CV03051 DEFENDANT/RESPONDENT: BCJ Sand and Rock, LLC, 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 Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): 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 (5) Binding private Private arbitration scheduled for (date): 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. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: CanAm Minerals, Inc., et al. 18CV03051 DEFENDANT/RESPONDENT: BCJ Sand and Rock, Inc., et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. 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: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation 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): Plaintiffs may file a motion for summary adjudication on one or more causes of action. 16. Discovery a. The party or parties have completed all discovery. b The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs Written Discovery Per CCP Plaintiffs Depositions Per CCP Plaintiffs Expert Witness Discovery Per CCP c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Plaintiffs do not know whether all defendants have preserved all documents. Plaintiffs will address this subject, as necessary, following receipt of discovery responses. CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: CanAm Minerals, Inc., et al. 18CV03051 DEFENDANT/RESPONDENT: BCJ Sand and Rock, Inc., et al. 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 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties continue to discuss possible settlement. Plaintiffs request a 60 day continuance. 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): 1 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: August 24, 2020 Harvey S. Schochet (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com MC-025 CASE NUMBER: SHORT TITLE: CANAM, et al. v. BCJ, et al. B18CV03051 ATTACHMENT (Number): 4(a) (This Attachment may be used with any Judicial Council form.) Causes of Action for the First Amended Complaint: 1. Breach of Contract 2. Breach of Implied Covenant of Good Faith and Fair Dealing 3. Specific Performance 4. Intentional Interference with Economic Advantage 5. Declaratory Relief 6. Accounting 7. Conversion 8. Intentional Interference with Contractual Relations 9. Breach of Fiduciary Duty 10. Constructive and Actual Fraudulent Transfer Causes of Action for the Cross-Complaint of BCJ Sand and Rock, Inc.: 1. Intentional Misrepresentation 2. Negligent Misrepresentation 3. Rescission 4. Declaratory Relief 5. Interference with Economic Relations Causes of Action for the Cross-Complaint of Brad Slender: 1. Intentional Misrepresentation 2. Negligent Misrepresentation 3. Rescission 4. Declaratory Relief 5. Interference with Economic Relations Causes of Action for the Cross-Complaint of Darwin Christ: 1. Elder Abuse 2. Interference with Economic Relations 3. Fraud and Misrepresentation 4. Negligent Misrepresentation 5. Declaratory Relief 6. Breach of Contract (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use www.courtinfo.ca.gov Judicial Council of California ATTACHMENT MC-025 [Rev. July 1, 2009] to Judicial Council Form 1 PROOF OF SERVICE CanAm Minerals, Inc. et al v. BCJ San and Rock, Inc., et al. 2 Butte County Superior Court Case No. Case No. 18CV03051 3 I am a resident of the State of California, over the age of eighteen years, and not a party to 4 the within action. My business address is David Wright Tremaine LLP, 505 Montgomery Street, 5 Suite 800, San Francisco, CA 94111. On $XJXVW24, 2020, I served the within document(s): 6 CASE MANAGEMENT STATEMENT BY PLAINTIFFS MAIL - by placing the document(s) listed above in a sealed envelope with postage 7 thereon fully prepaid, in the United States mail at San Francisco, California addressed as set forth below. 8 9 David R. Griffith, Esq. Marlon V. Young, Esq. GRIFFIN HORN & SHEEHAN, LLP MERRILL, ARNONE & JONES, LLP 10 1530 Humboldt Road, Suite 3 3554 Round Barn Blvd. Suite 303 Chico, CA 95928 Santa Rosa, CA 95403 DAVIS WRIGHT TREMAINE LLP 11 Tel: (530) 812-1000 / Fax: (503) 809-1093 Tel: (707) 528-2882 / Fax: (707) 528-6015 Email: david@davidgriffithlaw.com Email: myoung@majlaw.com 12 Attorney for Defendant Attorney for Defendant 13 BCJ SAND AND ROCK, INC. and DARWIN CHRIST VALLEY SILICA dba VALLEY SAND 14 AND ROCK, INC. 15 Douglas B. Jacobs, Esq. 16 JACOBS, ANDERSON, POTTER & CHAPLIN LLP 17 20 Independence Circle Chico, CA 95973 18 Tel: (530) 342-6144 / Fax: (530) 342-6310 Email: djacobs@japc-law.com 19 Attorney for Defendants 20 JAMES BRAD SLENDER 21 I am readily familiar with the firm's practice of collection and processing correspondence 22 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 23 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on 24 motion of the party served, service is presumed invalid if postal cancellation date or postage meter 25 date is more than one day after date of deposit for mailing in affidavit. 26 I declare under penalty of perjury under the laws of the State of California that the above is 27 true and correct. Executed on $XJXVW24, 2020 at San Francisco, California. _________________________________________ 28 Amanda Henderson 1 PROOF OF SERVICE