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San Francisco Superior Courts
Information Technotogy Group
Document Scanning Lead Sheet
Nov-26-2007 11:15 am
Case Number: PES-06-289213
Filing Date: Nov-21-2007 14:15
Juke Box: 001 Image: 01949770
GENERIC PROBATE PLEADING
THE ESTATE OF VELMA V LEHNHERR
001P01949770
Instructions:
Please place this sheet on top of the document to be scanned.CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and
Ronald W. Leeflang 208330
Nancy E. Lofdahl SBN 182047
870 Market Street #349
San Francisco, CA 94102
reeproneno: 415-956-1251 raxno. (optinay: 415-956-1259
E-MAIL ADORESS (Optional):
attorney Fo Nome: Wiltiam Alan Lehnherr
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
streetaporess: 400 McAllister Street
MAILING ADDRESS:
erry anozecooe: San Francisco, CA 94102
BRANCH NAME:
PLAINTIFF/PETITIONER: Estate of Velma Lehnherr, Deceased
DEFENDANT/RESPONDENT:
CASE MANAGEMENT STATEMENT
(Checkone): [2] UNLIMITED CASE (5 umren case
{Amount demanded (Amount demanded ts $25,000
exceeds $25,000) or fess)
FOR COURT USE ONLY
San Francisco cgunty ‘Superior ‘Court
Nov/2 1 2007
289213
ACASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 11/28/07 Time: 9:00 AM Dept: 204 Div: Room:
Address of court (if different from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided.
4. Party or parties (answer one):
a. E21 Thisstatement is submitted by party (name): William Alan Lehnherr
b. (1 This statement is submitted Jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a, The comptaint was filed on (dete): petition: 11/26/06
bp. CI Thecross-complaint, if any, was filed on (date): contest: 01/26/07
3. Service (to be answered by plaintiffs and cross-complainants only)
a GO an parties named In the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. [J The fotowing parties named In the complaint or cross-compiaint
(1) [1 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 hada default entered against them (specify names):
c. [1 The following additional parties may be added (specify names, nature of Involvement in case, and the date by which
they may be served):
4. Description of case
a. ‘ipo of case in [) complaint [1] eross-compiaint —_ (describe, including causes of action):
Wayne Lehnherr filed a Petition for Probate of a 09/01/05 Will; Willliam Lehnherr has filed a contest
of that Will.
Pagetold
Fomael Cowes of Catoran CASE MANAGEMENT STATEMENT Cee ean
CM-110 fRev. Januery 1, 2007] were courtini.c4.90¥
[amencen LegsiNet, 9c.
wow Forma Workflow com|CM-110
(CASE NUMBER:
289213
PLAINTIFFIPETITIONER: Estate of Velma Lehnherr, Deceased
DEFENDANT/RESPONDENT:
4. b. Provide a brief statement of the case, including any damages. (if personal injury damages ere 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 earings. H equitable relief Is sought, describe the nature of the relief)
|
Wayne Lehnherr filed a Petition for Probate of decedent's 09/01/05 will and appointment as executor |
under that will, William Lehnherr filed a will cunie: ing tai due
ack of capacity, fraud and
influence. Wayne and William are the only two children of decedent. The court appointed Barbara
DeVries as special administrator of the estate, which consists of decedent's home in San Francisco, an
investment account, and personal property.
[=] itmore space is needed, check this box and sttach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request [3 ajury tial CT) anonjury trial (if more than one party, provide the name of each party
requesting a jury trial): 1
6. Trial date
a. ([__] The tral has been set for (date):
b. LZ] No tral date has been set. This case wilt be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
¢. Dates on which parties or attomeys 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. CZ days (specify number): 2
b. (J hours (short causes) (specify):
8. Trial representation (fo be answered for each party)
‘The party or parties will be represented at trial £2] by the attomey or party listed in the caption [1 by the following:
a. Attomey:
b. Firm:
c. Address:
d. Telephone number:
e. Fax number.
f. E-mail address:
g. Party represented:
1 Additional representation is described In Attachment 8.
9, Preference
[1] This case Is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
3. Counsel [) has (_] hasnot provided the ADR information package Identified In rule 3.221 to the client and has
reviewed ADR options with the client.
b. CCI At parties have agreed to a form of ADR. ADR will be completed by (date):
c C21 The case has gone to an ADR process (indicate status): mediation though the probate pancl
Poge 2 of 4
MEMO [Rem deny 12007} CASE MANAGEMENT STATEMENTPLAINTIFFPETITIONER: Estate of Velma Lehnherr, Deceased
DEFENDANT/RESPONDENT:
CM-110
10.d. The party or parties are willing to participate In (check all that apply):
‘CASE NUMBER:
289213
(1) Mediation
(2) CJ] Nonbinding Judicial arbitration under Code of Civit Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 3.822)
(9) [1 Nonbindina ludicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 3.822)
(4) [J Binding judicial arbitration
(5) [_] Binding private arbitration
(6) L_] Neutrat case evaluation
(7) (2) other (specify):
additional mediation
e. [1 this matter Is subject to mandatory judicial arbitration because the amount In controversy does not exceed the statutory limit.
ft. [_] 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.
9. [1 This case Is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption):
11. Settlement conference
[2] The party ot parties are willing to participate In an early settlement conference (specify when):
12. Insurance
a. [1] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights; CJ} Yes [J No
c. [1 Coverage issues will significantly affect resolution of this case (explain):
13, Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing cf this caso, and describe the status,
(1) Bankruptcy [5] other (specify):
Status:
14. 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:
(1) Additional cases are described In Attachment 14a,
b. [J Amation to J consotidate J coordinate will be filad by (name party):
15. Bifurcation
[1 The party or parties Intend to fite a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
16, Other motions
[1 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and Issues):
(GHETTO [Row dency 1, 2007 CASE MANAGEMENT STATEMENT PeaenorPLAINTIFFIPETITIONER: Estate of Velma Lehnherr, Deceased
DEFENDANT/RESPONDENT:
CM-110
17. Discovery
‘CASE NUMBER:
289213
a. [__] The party or parties have completed all discovery.
b. [J The following discovery will be compteted by the date specified (describe all anticipated discovery):
Party jescripti Date
William Lehnherr has completed his discovery .
c. [J The following discovery issues are anticipated (specify):
18. Economie Litigation
a. L_] This ts a limited clvit case (L.e., the amount demanded Is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90 through 98 will apply to this case.
b. [_] Thisis a timited civil case and a motion to withdraw the case from the economic litigation procedures or for additionat
discovery will be filed {if checked, explain specifically why economic Iitigation procedures relating to discovery or trial
should not apply to this case):
19, Other issues
[5 tre party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
20. Meet and confer
a. (71 The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomia Rules
of Court (if not, axplain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
21, Case management orders
Previous case management orders In this case are (check one): Co none [1] attached as Attachment 21.
22. 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 AOR, as well as other Issues
talsed 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: 11/21/07
(SIGNATURE OF PARTY OR ATTORNEY)
Nancy E. Lofdahl >
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
CJ Additional signatures are attached
a aon sioneter ee
(CHETTO Rev, damary 1, 2007] CASE MANAGEMENT STATEMENT rotePROOF OF SERVICE BY MAIL (CCP 1013A; 2015.5)
I declare that:
I ama citizen of the United States and employed in San
Francisco county, California; I am over the age of 18 years and not
@ party to the within action. My business address is AIM Market
Street, #1112. San Francisco, CA 94102. “Today, I served:
William Lehnherr‘'s Case Management Statement
_XX_ by causing a true copy thereof enclosed in a sealed envelope
with postage thereon fully prepared, to be placed in the United
States Post Office mail box at San Francisco, California, addressed
as indicated below. (I am readily familiar with this business
practice of collecting and processing correspondence for mailing
mail. It is deposited with the U.S. Postal Service on the same day
in the ordinary course of business.)
by FACSIMILE as follows: I caused said document to be
transmitted by Facsimile machine to the addressee(s) at their fax
numbers indicated below. The facsimile machine I used complied
with Rule 2003(3) and no error was reported by the machine.
Pursuant to Rule 2005(i}, I caused the machine to print a
transmission record of the transmission.
by personal delivery to the party at the address listed
below.
Mr. Michael Spalding
Hedani Choy Spalding & Salvagione
1682 Novato Blvd. #350
Novato, CA 94947
Mr. Lawrence Siracusa
Witherspoon & Siracusa
1550 Bryant Street #875
San Francisco, CA 93103
I declare under penalty of perjury under the laws of
the State of California that the foregoing is true and
EMG
Nancy E. Lofdahl
Dated: November 21, 2007.
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ccc San Francisco Superior Courts Information Technotogy Group Document Scanning Lead Sheet Nov-26-2007 11:15 am Case Number: PES-06-289213 Filing Date: Nov-21-2007 14:15 Juke Box: 001 Image: 01949770 GENERIC PROBATE PLEADING THE ESTATE OF VELMA V LEHNHERR 001P01949770 Instructions: Please place this sheet on top of the document to be scanned.CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and Ronald W. Leeflang 208330 Nancy E. Lofdahl SBN 182047 870 Market Street #349 San Francisco, CA 94102 reeproneno: 415-956-1251 raxno. (optinay: 415-956-1259 E-MAIL ADORESS (Optional): attorney Fo Nome: Wiltiam Alan Lehnherr SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco streetaporess: 400 McAllister Street MAILING ADDRESS: erry anozecooe: San Francisco, CA 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Estate of Velma Lehnherr, Deceased DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT (Checkone): [2] UNLIMITED CASE (5 umren case {Amount demanded (Amount demanded ts $25,000 exceeds $25,000) or fess) FOR COURT USE ONLY San Francisco cgunty ‘Superior ‘Court Nov/2 1 2007 289213 ACASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 11/28/07 Time: 9:00 AM Dept: 204 Div: Room: Address of court (if different from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided. 4. Party or parties (answer one): a. E21 Thisstatement is submitted by party (name): William Alan Lehnherr b. (1 This statement is submitted Jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a, The comptaint was filed on (dete): petition: 11/26/06 bp. CI Thecross-complaint, if any, was filed on (date): contest: 01/26/07 3. Service (to be answered by plaintiffs and cross-complainants only) a GO an parties named In the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. [J The fotowing parties named In the complaint or cross-compiaint (1) [1 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 hada default entered against them (specify names): c. [1 The following additional parties may be added (specify names, nature of Involvement in case, and the date by which they may be served): 4. Description of case a. ‘ipo of case in [) complaint [1] eross-compiaint —_ (describe, including causes of action): Wayne Lehnherr filed a Petition for Probate of a 09/01/05 Will; Willliam Lehnherr has filed a contest of that Will. Pagetold Fomael Cowes of Catoran CASE MANAGEMENT STATEMENT Cee ean CM-110 fRev. Januery 1, 2007] were courtini.c4.90¥ [amencen LegsiNet, 9c. wow Forma Workflow com|CM-110 (CASE NUMBER: 289213 PLAINTIFFIPETITIONER: Estate of Velma Lehnherr, Deceased DEFENDANT/RESPONDENT: 4. b. Provide a brief statement of the case, including any damages. (if personal injury damages ere 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 earings. H equitable relief Is sought, describe the nature of the relief) | Wayne Lehnherr filed a Petition for Probate of decedent's 09/01/05 will and appointment as executor | under that will, William Lehnherr filed a will cunie: ing tai due ack of capacity, fraud and influence. Wayne and William are the only two children of decedent. The court appointed Barbara DeVries as special administrator of the estate, which consists of decedent's home in San Francisco, an investment account, and personal property. [=] itmore space is needed, check this box and sttach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request [3 ajury tial CT) anonjury trial (if more than one party, provide the name of each party requesting a jury trial): 1 6. Trial date a. ([__] The tral has been set for (date): b. LZ] No tral date has been set. This case wilt be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): ¢. Dates on which parties or attomeys 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. CZ days (specify number): 2 b. (J hours (short causes) (specify): 8. Trial representation (fo be answered for each party) ‘The party or parties will be represented at trial £2] by the attomey or party listed in the caption [1 by the following: a. Attomey: b. Firm: c. Address: d. Telephone number: e. Fax number. f. E-mail address: g. Party represented: 1 Additional representation is described In Attachment 8. 9, Preference [1] This case Is entitled to preference (specify code section): 10. Alternative Dispute Resolution (ADR) 3. Counsel [) has (_] hasnot provided the ADR information package Identified In rule 3.221 to the client and has reviewed ADR options with the client. b. CCI At parties have agreed to a form of ADR. ADR will be completed by (date): c C21 The case has gone to an ADR process (indicate status): mediation though the probate pancl Poge 2 of 4 MEMO [Rem deny 12007} CASE MANAGEMENT STATEMENTPLAINTIFFPETITIONER: Estate of Velma Lehnherr, Deceased DEFENDANT/RESPONDENT: CM-110 10.d. The party or parties are willing to participate In (check all that apply): ‘CASE NUMBER: 289213 (1) Mediation (2) CJ] Nonbinding Judicial arbitration under Code of Civit Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 3.822) (9) [1 Nonbindina ludicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 3.822) (4) [J Binding judicial arbitration (5) [_] Binding private arbitration (6) L_] Neutrat case evaluation (7) (2) other (specify): additional mediation e. [1 this matter Is subject to mandatory judicial arbitration because the amount In controversy does not exceed the statutory limit. ft. [_] 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. 9. [1 This case Is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption): 11. Settlement conference [2] The party ot parties are willing to participate In an early settlement conference (specify when): 12. Insurance a. [1] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights; CJ} Yes [J No c. [1 Coverage issues will significantly affect resolution of this case (explain): 13, Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing cf this caso, and describe the status, (1) Bankruptcy [5] other (specify): Status: 14. 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: (1) Additional cases are described In Attachment 14a, b. [J Amation to J consotidate J coordinate will be filad by (name party): 15. Bifurcation [1 The party or parties Intend to fite a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 16, Other motions [1 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and Issues): (GHETTO [Row dency 1, 2007 CASE MANAGEMENT STATEMENT PeaenorPLAINTIFFIPETITIONER: Estate of Velma Lehnherr, Deceased DEFENDANT/RESPONDENT: CM-110 17. Discovery ‘CASE NUMBER: 289213 a. [__] The party or parties have completed all discovery. b. [J The following discovery will be compteted by the date specified (describe all anticipated discovery): Party jescripti Date William Lehnherr has completed his discovery . c. [J The following discovery issues are anticipated (specify): 18. Economie Litigation a. L_] This ts a limited clvit case (L.e., the amount demanded Is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90 through 98 will apply to this case. b. [_] Thisis a timited civil case and a motion to withdraw the case from the economic litigation procedures or for additionat discovery will be filed {if checked, explain specifically why economic Iitigation procedures relating to discovery or trial should not apply to this case): 19, Other issues [5 tre party or parties request that the following additional matters be considered or determined at the case management conference (specify): 20. Meet and confer a. (71 The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomia Rules of Court (if not, axplain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 21, Case management orders Previous case management orders In this case are (check one): Co none [1] attached as Attachment 21. 22. 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 AOR, as well as other Issues talsed 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: 11/21/07 (SIGNATURE OF PARTY OR ATTORNEY) Nancy E. Lofdahl > (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) CJ Additional signatures are attached a aon sioneter ee (CHETTO Rev, damary 1, 2007] CASE MANAGEMENT STATEMENT rotePROOF OF SERVICE BY MAIL (CCP 1013A; 2015.5) I declare that: I ama citizen of the United States and employed in San Francisco county, California; I am over the age of 18 years and not @ party to the within action. My business address is AIM Market Street, #1112. San Francisco, CA 94102. “Today, I served: William Lehnherr‘'s Case Management Statement _XX_ by causing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepared, to be placed in the United States Post Office mail box at San Francisco, California, addressed as indicated below. (I am readily familiar with this business practice of collecting and processing correspondence for mailing mail. It is deposited with the U.S. Postal Service on the same day in the ordinary course of business.) by FACSIMILE as follows: I caused said document to be transmitted by Facsimile machine to the addressee(s) at their fax numbers indicated below. The facsimile machine I used complied with Rule 2003(3) and no error was reported by the machine. Pursuant to Rule 2005(i}, I caused the machine to print a transmission record of the transmission. by personal delivery to the party at the address listed below. Mr. Michael Spalding Hedani Choy Spalding & Salvagione 1682 Novato Blvd. #350 Novato, CA 94947 Mr. Lawrence Siracusa Witherspoon & Siracusa 1550 Bryant Street #875 San Francisco, CA 93103 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and EMG Nancy E. Lofdahl Dated: November 21, 2007.