Preview
CM-1 10
ATTORNEY 0R PARTY WITHOUT ATTORNEY
(Name, Stale Bar number. and address): FOR COURT USE ONLY
David .l.Minlean (SRN 115098) /Carmen M. Aviles (SEN ?51993\
MICLEAN GLEASON LLP
411 Bore! Avenue, Suite 310, San Mateo,
TELEPHONE No; (650) 684-1 181
CA 94402
FAX No.
(Optionao:
E D
EMAILADDRESS dmiclean@micleangIeason.com
(Optional): SAN MATEO COUNTY
ATTORNEYFOR(Nams): Defendant and Cross-Complainant Solomon Sha
0C1- ,3
3 2018
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F san Mateo
400 County Center
STREETADDRess:
CCU“
MAILING ADDRESS;
AND 2““ CODE
C'TY Redwood
BRANCH NAME:
City,CA 94063 3V
Clerk
WWW ‘
rw v
PLAINTIFF/PETITIONER: SWEET PRODUCTlON, INC.
DEFENDANT/RESPONDENT: SOLOMON SHA
CASE MANAGEMENT STATEMENT CASE N.UMBER=
(Check one): UNLIMITED CASE E3 LIMITED CASE 18—ClV—031 1 0
(Amount demanded (Amount demanded is$25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: October 13:5201 8 Time: 9:00 a.m. Dept: 21 Div; Room:
Address from the address above):
of court (if different
Appear by Telephone,
Notice of Intent to by (name): Carmen M, Aviles forSolomon Sha
INSTRUCTIONS: All applicableboxes must be checked, and the specified information must be provided.
1. Party or parties (answer one): >_ w
Solomon Sha 18—clv_03;m”
”‘ -‘ -»~
E submitted by party (name): __.
a. This statementis
OMS
b. This statementissubmitted jointly by parties (names):
Case Mana
I
9 em ent
Statement
I
1416189
2-
Ema:zzazfamzaiz‘?;gizfby”M WI
LM/lI/II/II/III/I/I/Ifi/I/I/l
——.
was filed on (date): 2018
-
_
b. The cross—complaint, any,
if July 19,
be answered by plaintiffs and cross—complainants
3.
a. E
Service (to
named
All parties in the complaint
named
only)
and cross-complaint have been served, have'appeared, or have been dismissed.
the complaint or cross-complaint
b. The
(1) D
following parties in
have not been served (specify names and explain why not):
(2) have been sewed but have not appeared and have not been dismissed (specify names):
Sweet Express; Ming Chin; Doreen Chin
(3) have had a default entered againstthem (specifi/ names):
c. D The
they
Sweet Production,
following additional parties
may be sewed):
lnc.; Sweet Express; Ming Chin; Doreen Chin
may be added (specify names, nature ofinvolvement in
case, and date by which
4. Description of ca§e
a. Type of case In E complaint cross-complaint causes ofaction):
(Describe, including
Unjust Enrichment
(1)Breach of Fiduciary Duty; (2)Accounting; (3)Fraud; (4)Conversion; (5)
Page1of 5
Mandatory Use
Form Adopted
tor
Judicial Couna‘l o! Calilomia
CASE MANAGEMENT STATEMENT Cal. Rules cf Court.
1720—3130
rules
CM-1 10 [Rev.
July201
1. 1] www.cauns.m.gov
t
CM-1 10
CASENUMBER’
_ PLAINTIFF/PETITIONER: SWEET PRODUCTION, INC.
18‘CIV‘031 1D
DEFENDANT/RESPONDENT: SOLOMON SHA
4. b. Provide a brief statement of the case, including any damages. (lfpersonal 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 reliefis sought, describe the nature of the relief.)
Sha alleges breach of fiduciary duty, accounting, fraud, conversion, and unjust enrichment against
Cross-Defendants for unpaid amounts based on Sha's ownership in shares of Sweet Production and to be given
back certain shares that were improperly taken from him by Cross—Defendants.
D more space
(If isneeded, check box and attach a page designated as Attachment
this 4b.)
5. Jury or nonjury
The
trial
party or parties request
requesting a jury
tn'al):
a jurytrial E a nonjurytrial. (lfmore than one party, provide the name of each party
6.
a.
b.
E
Trial date
The
No
has been set for (date):
trial
date has been set. This case
trial be ready
will 12 months of the date of the
for tn'al within filing of the complaint
(if
not, explain):
c. Dates on which parties or attorneys
willnot be avai|ab|e for
trial and
(specify dates explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
3'5
a.
b. D days (specify number):
hours (short causes) (specify):
8. Trial
The
a.
representation (to
party or parties
Attorney:
will
be answered for each party)
be represented attrial by the attorney or party the caption
listed in E by thefoilowing:
b Firm:
c Address:
d. Telephone number: f. Fax number:
Ee E—mail address:
Additional representation
isdescribed inAttachment 8.
g. Party represented:
9.
10.
E
Preference
This case
Alternative
code
to preference (specify
is entitled
dispute resolution (ADR)
section):
a. ADR information package. Please note that different ADR processes are avai|ab|e in different courts and communities; read
theADR informatiqn package provided by the court under rule 3.221 for information about the processes available through the
court
(1)
and community programs case.
in this
For parties represented by counsel: Counsel
in rule
has E
ADR options with the
3.221 to the client and reviewed
has not
client.
provided theADR information package identified
(2) D
For self~represented parties: Party has E has not reviewed the ADR information package identified in rule 3.221}
Referral to judicial arbitration or civil action mediation
b.
(1)E mediation under
statutorylimit.
avai|ab|e).
(if
This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action
ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
(2)E CivilProcedure section1
case and agrees
to judicial arbitration
Plaintiff elects to refer this
141 .1 1
.
amount specified
to limit recovery to the inCode of
(3)E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
action
civil
CW” IR“-J”"’
1-2°")
CASE MANAGEMENT STATEMENT Page 2 °‘5
CM-110
CASE NUMBER:
PLAlNTlFF/PETITIONER: SWEET PRODUCTION, INC.
18-ClV-031 1 O
EEFENDANT/RESPONDENT: SOLOMON SHA
10. c. Indicate the in,have agreed
ADR process or processes that the party or parties are willing to participate to participateor
in,
have already participated in (check all that apply and provide the specified infon'nation):
The party or parties completingIfthe party or parties completing this form in the case have agreed to
form are willing
this to have already completed an ADR process or processes,
participate in or
ADR
participate in the following indicate the status of the processes (attach a copy of the parties’ADR
processes (checkallthat apply):stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1)Mediation DUDE
Agreed tocomplete mediation by (date):
Mediation completed on (date):
Settiement conference not yet scheduled
Settlement conference scheduled for (date):
(2)Settlement
DUDE
conference
Agreed to complete settlement conference by
(date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
x
Neutral evaluation scheduled for (date):
(3) Neutral evaluation DUDE
Agreed to complete neutral evaluation by
(date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
scheduled
Judicial arbitration for (date):
(4) Nonbinding judicial
DUDE
arbitration
Agreed tocomplete by
judicial arbitration
(date):
completed on
Judicial arbitration (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
DUDE
arbitration
Agreed tocomplete private by
arbitration (date):
on
Private arbitration completed (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6)Other (specify): DUDE
Agreed tocomplete ADR session by (date):
ADR completed on (date):
Fags 3 of 5
CM-1 10
[Rev. July 1. 201
1]
CASE MANAGEMENT STATEMENT
CM:1_1_Q
CASENUMBER:
PLAINTIFF/PETITIONER: SWEET PRODUCTION, INC‘
18’0N‘031 1 0
DEFENDANT/RESPONDENT: SOLOMON SHA
11.
a. E
Insurance
Insurance carrier,
E
if
Yes E
any, for party filing this statement (name):
No
b.
c. E
Reservation of fights:
Coverage issues willsignificantly affect resqution of this case (explain):
12. Jurisdiction
case and describe the status.
Indicate
[j Bankruptcy E court‘s jurisdiction or processing of this
any matters that may affect the
Other(specify):
Status:
13.
a_ E
Related cases, consolidation, and coordination
There are companion, underiying, or reIated cases.
(1) Name of case:
(2) Name of court:
(3)Case number.
(4) Status:
b.
E
E
Additional cases are described
A motion t0 E
in
COHSOHdate
Attachment 13a.
D coordinate be filed by (name
will party):
E
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or causes of
moving party, type of motion, and reasons):
action (specify
Other motions
15.
D The party or parties expect to file the following motions before moving party, type of mofion, and issues):
(specify
trial
16.
a.
b.
D
Discovery
The
The
party or parties have compIeted
following discovery
will
discovery.
all
be completed by the date specified (describe
allanticipated discovery):
Party Descrigtion Date
Sha to Sweet Production, Inc. Interrogatories;Requests for Production July 201 8
Sha to Ming Chin and Doreen Chin lnterrogatories;RFPs; deposition notices August 2018
Sha to Sweet Express Interrogatories;RFPs September 201 8
c, E The follbwing discovery issues, including issues regarding the discovery of electronically stored-informafion, are
anticipated (specifir):
P39” 4 °‘5
CM-1 10 201 1)
[Rev. July
1.
CASE MANAGEMENT STATEMENT
CM-1 1 0
cAse NUMBER:
_ PLAINTIFF/PETITIONER: SWEET PRODUCTION, INC.
18-CIV—O311O
DEFENDANT/RESPONDENT: SOLOMON SHA
Economic
17.
a. E litigation
This isa limited civil case (i.e., the amount demanded is $25,000 or less) and the economic
Procedure sections 90-98 will apply to this case.
of Civil
procedures
litigation inCode
b. E 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 ortrial
should not apply to this case}:
18.
E
Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19.
a. E
Meet and confer
The party or
of Court
partieshave met and conferred with
not, explain):
(if
allpartieson subjects required by rule 3.724 of the Califomia Rules
all
Sha has made several attempts to reach Sweet Production's counsel to meet and confer and has been
unsuccessful.
b. Aftermeeting and conferring as required by
rule3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Totalnumber of pages attached any):
(if
|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, inciuding the written authority of the party where required.
Date: October 2,201 8
David J. Miclean
OR PRINT NAME)
(TYPE
}
/ OR ATTORNEY)
(SIGNATURE OF PARTY
>
mp5 0R PmNT NAME)! 0R ATrORNEY)
D (SIGNATURE 0F PARTY
Additional signatures are attached.
CM-110 2011]
[Rev. July
1.
CASE MANAGEMENT STATEMENT Page Sofs
Preview
CM-1 10 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stale Bar number. and address): FOR COURT USE ONLY David .l.Minlean (SRN 115098) /Carmen M. Aviles (SEN ?51993\ MICLEAN GLEASON LLP 411 Bore! Avenue, Suite 310, San Mateo, TELEPHONE No; (650) 684-1 181 CA 94402 FAX No. (Optionao: E D EMAILADDRESS dmiclean@micleangIeason.com (Optional): SAN MATEO COUNTY ATTORNEYFOR(Nams): Defendant and Cross-Complainant Solomon Sha 0C1- ,3 3 2018 SUPERIOR COURT OF CALIFORNIA, COUNTY 0F san Mateo 400 County Center STREETADDRess: CCU“ MAILING ADDRESS; AND 2““ CODE C'TY Redwood BRANCH NAME: City,CA 94063 3V Clerk WWW ‘ rw v PLAINTIFF/PETITIONER: SWEET PRODUCTlON, INC. DEFENDANT/RESPONDENT: SOLOMON SHA CASE MANAGEMENT STATEMENT CASE N.UMBER= (Check one): UNLIMITED CASE E3 LIMITED CASE 18—ClV—031 1 0 (Amount demanded (Amount demanded is$25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: October 13:5201 8 Time: 9:00 a.m. Dept: 21 Div; Room: Address from the address above): of court (if different Appear by Telephone, Notice of Intent to by (name): Carmen M, Aviles forSolomon Sha INSTRUCTIONS: All applicableboxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): >_ w Solomon Sha 18—clv_03;m” ”‘ -‘ -»~ E submitted by party (name): __. a. This statementis OMS b. This statementissubmitted jointly by parties (names): Case Mana I 9 em ent Statement I 1416189 2- Ema:zzazfamzaiz‘?;gizfby”M WI LM/lI/II/II/III/I/I/Ifi/I/I/l ——. was filed on (date): 2018 - _ b. The cross—complaint, any, if July 19, be answered by plaintiffs and cross—complainants 3. a. E Service (to named All parties in the complaint named only) and cross-complaint have been served, have'appeared, or have been dismissed. the complaint or cross-complaint b. The (1) D following parties in have not been served (specify names and explain why not): (2) have been sewed but have not appeared and have not been dismissed (specify names): Sweet Express; Ming Chin; Doreen Chin (3) have had a default entered againstthem (specifi/ names): c. D The they Sweet Production, following additional parties may be sewed): lnc.; Sweet Express; Ming Chin; Doreen Chin may be added (specify names, nature ofinvolvement in case, and date by which 4. Description of ca§e a. Type of case In E complaint cross-complaint causes ofaction): (Describe, including Unjust Enrichment (1)Breach of Fiduciary Duty; (2)Accounting; (3)Fraud; (4)Conversion; (5) Page1of 5 Mandatory Use Form Adopted tor Judicial Couna‘l o! Calilomia CASE MANAGEMENT STATEMENT Cal. Rules cf Court. 1720—3130 rules CM-1 10 [Rev. July201 1. 1] www.cauns.m.gov t CM-1 10 CASENUMBER’ _ PLAINTIFF/PETITIONER: SWEET PRODUCTION, INC. 18‘CIV‘031 1D DEFENDANT/RESPONDENT: SOLOMON SHA 4. b. Provide a brief statement of the case, including any damages. (lfpersonal 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 reliefis sought, describe the nature of the relief.) Sha alleges breach of fiduciary duty, accounting, fraud, conversion, and unjust enrichment against Cross-Defendants for unpaid amounts based on Sha's ownership in shares of Sweet Production and to be given back certain shares that were improperly taken from him by Cross—Defendants. D more space (If isneeded, check box and attach a page designated as Attachment this 4b.) 5. Jury or nonjury The trial party or parties request requesting a jury tn'al): a jurytrial E a nonjurytrial. (lfmore than one party, provide the name of each party 6. a. b. E Trial date The No has been set for (date): trial date has been set. This case trial be ready will 12 months of the date of the for tn'al within filing of the complaint (if not, explain): c. Dates on which parties or attorneys willnot be avai|ab|e for trial and (specify dates explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the take (check one): trial will 3'5 a. b. D days (specify number): hours (short causes) (specify): 8. Trial The a. representation (to party or parties Attorney: will be answered for each party) be represented attrial by the attorney or party the caption listed in E by thefoilowing: b Firm: c Address: d. Telephone number: f. Fax number: Ee E—mail address: Additional representation isdescribed inAttachment 8. g. Party represented: 9. 10. E Preference This case Alternative code to preference (specify is entitled dispute resolution (ADR) section): a. ADR information package. Please note that different ADR processes are avai|ab|e in different courts and communities; read theADR informatiqn package provided by the court under rule 3.221 for information about the processes available through the court (1) and community programs case. in this For parties represented by counsel: Counsel in rule has E ADR options with the 3.221 to the client and reviewed has not client. provided theADR information package identified (2) D For self~represented parties: Party has E has not reviewed the ADR information package identified in rule 3.221} Referral to judicial arbitration or civil action mediation b. (1)E mediation under statutorylimit. avai|ab|e). (if This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the (2)E CivilProcedure section1 case and agrees to judicial arbitration Plaintiff elects to refer this 141 .1 1 . amount specified to limit recovery to the inCode of (3)E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): action civil CW” IR“-J”"’ 1-2°") CASE MANAGEMENT STATEMENT Page 2 °‘5 CM-110 CASE NUMBER: PLAlNTlFF/PETITIONER: SWEET PRODUCTION, INC. 18-ClV-031 1 O EEFENDANT/RESPONDENT: SOLOMON SHA 10. c. Indicate the in,have agreed ADR process or processes that the party or parties are willing to participate to participateor in, have already participated in (check all that apply and provide the specified infon'nation): The party or parties completingIfthe party or parties completing this form in the case have agreed to form are willing this to have already completed an ADR process or processes, participate in or ADR participate in the following indicate the status of the processes (attach a copy of the parties’ADR processes (checkallthat apply):stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1)Mediation DUDE Agreed tocomplete mediation by (date): Mediation completed on (date): Settiement conference not yet scheduled Settlement conference scheduled for (date): (2)Settlement DUDE conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled x Neutral evaluation scheduled for (date): (3) Neutral evaluation DUDE Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): scheduled Judicial arbitration not yet scheduled Judicial arbitration for (date): (4) Nonbinding judicial DUDE arbitration Agreed tocomplete by judicial arbitration (date): completed on Judicial arbitration (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private DUDE arbitration Agreed tocomplete private by arbitration (date): on Private arbitration completed (date): ADR session not yet scheduled ADR session scheduled for (date): (6)Other (specify): DUDE Agreed tocomplete ADR session by (date): ADR completed on (date): Fags 3 of 5 CM-1 10 [Rev. July 1. 201 1] CASE MANAGEMENT STATEMENT CM:1_1_Q CASENUMBER: PLAINTIFF/PETITIONER: SWEET PRODUCTION, INC‘ 18’0N‘031 1 0 DEFENDANT/RESPONDENT: SOLOMON SHA 11. a. E Insurance Insurance carrier, E if Yes E any, for party filing this statement (name): No b. c. E Reservation of fights: Coverage issues willsignificantly affect resqution of this case (explain): 12. Jurisdiction case and describe the status. Indicate [j Bankruptcy E court‘s jurisdiction or processing of this any matters that may affect the Other(specify): Status: 13. a_ E Related cases, consolidation, and coordination There are companion, underiying, or reIated cases. (1) Name of case: (2) Name of court: (3)Case number. (4) Status: b. E E Additional cases are described A motion t0 E in COHSOHdate Attachment 13a. D coordinate be filed by (name will party): E 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or causes of moving party, type of motion, and reasons): action (specify Other motions 15. D The party or parties expect to file the following motions before moving party, type of mofion, and issues): (specify trial 16. a. b. D Discovery The The party or parties have compIeted following discovery will discovery. all be completed by the date specified (describe allanticipated discovery): Party Descrigtion Date Sha to Sweet Production, Inc. Interrogatories;Requests for Production July 201 8 Sha to Ming Chin and Doreen Chin lnterrogatories;RFPs; deposition notices August 2018 Sha to Sweet Express Interrogatories;RFPs September 201 8 c, E The follbwing discovery issues, including issues regarding the discovery of electronically stored-informafion, are anticipated (specifir): P39” 4 °‘5 CM-1 10 201 1) [Rev. July 1. CASE MANAGEMENT STATEMENT CM-1 1 0 cAse NUMBER: _ PLAINTIFF/PETITIONER: SWEET PRODUCTION, INC. 18-CIV—O311O DEFENDANT/RESPONDENT: SOLOMON SHA Economic 17. a. E litigation This isa limited civil case (i.e., the amount demanded is $25,000 or less) and the economic Procedure sections 90-98 will apply to this case. of Civil procedures litigation inCode b. E 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 ortrial should not apply to this case}: 18. E Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. a. E Meet and confer The party or of Court partieshave met and conferred with not, explain): (if allpartieson subjects required by rule 3.724 of the Califomia Rules all Sha has made several attempts to reach Sweet Production's counsel to meet and confer and has been unsuccessful. b. Aftermeeting and conferring as required by rule3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Totalnumber of pages attached any): (if |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, inciuding the written authority of the party where required. Date: October 2,201 8 David J. Miclean OR PRINT NAME) (TYPE } / OR ATTORNEY) (SIGNATURE OF PARTY > mp5 0R PmNT NAME)! 0R ATrORNEY) D (SIGNATURE 0F PARTY Additional signatures are attached. CM-110 2011] [Rev. July 1. CASE MANAGEMENT STATEMENT Page Sofs