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  • SWEET PRODUCTION, INC., A CALIFORNIA CORPORATION  vs.  SOLOMON SHA, et al(07) Unlimited Business Tort/Unfair Business Practice document preview
  • SWEET PRODUCTION, INC., A CALIFORNIA CORPORATION  vs.  SOLOMON SHA, et al(07) Unlimited Business Tort/Unfair Business Practice document preview
  • SWEET PRODUCTION, INC., A CALIFORNIA CORPORATION  vs.  SOLOMON SHA, et al(07) Unlimited Business Tort/Unfair Business Practice document preview
  • SWEET PRODUCTION, INC., A CALIFORNIA CORPORATION  vs.  SOLOMON SHA, et al(07) Unlimited Business Tort/Unfair Business Practice document preview
  • SWEET PRODUCTION, INC., A CALIFORNIA CORPORATION  vs.  SOLOMON SHA, et al(07) Unlimited Business Tort/Unfair Business Practice document preview
  • SWEET PRODUCTION, INC., A CALIFORNIA CORPORATION  vs.  SOLOMON SHA, et al(07) Unlimited Business Tort/Unfair Business Practice document preview
  • SWEET PRODUCTION, INC., A CALIFORNIA CORPORATION  vs.  SOLOMON SHA, et al(07) Unlimited Business Tort/Unfair Business Practice document preview
  • SWEET PRODUCTION, INC., A CALIFORNIA CORPORATION  vs.  SOLOMON SHA, et al(07) Unlimited Business Tort/Unfair Business Practice document preview
						
                                

Preview

URN‘IN ‘ CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Bar number, and address): Slate FOR COURT USE ONLY Andrew M. Agtagma (Bar No. 180703) LAW CENTER 1291 E. Hillsdale Blvd., Suite 21 1B Foster City, CA 94404 (650) 372-2600 (650) 3 72—93 1 8 TELEPHONE N0; ADDRESS E-MAIL (Optional): FAX No. (Optional): L FMATEQJCOUNTY I E D ATrORNEY FOR Plaintiff (Name): Sweet Production, Inc. SAN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO 1/1 ~UCT 2018 STREET ADDRESS: 4-00 County Center MAILING ADDRESS: CITY Redwood AND ZIP CODE: City, CA 94063 BRANCH NAME: Hall ofJustice and Records PLAINTIFF/PETITIONER: SWEET PRODUCTION, INC- FAX DEFENDANT/RESPONDENT: SOLOMON SHA CASE MANAGEMENT STATEMENT CASE NUMBER= BY (Check one): ED UNLIMITED CASE (Amount demanded E LIMITED CASE (Amount demanded is$25,000 180N03110 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: October 17,2018 Time: 9:00 am. Dept: 21 Div.: Room: Address of court different (if from the address above): E Notice of Intent toAppear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): 1. a. b. m E This statementis submitted by party (name): This statement is Plaintiff submitted jointly by parties (names): Sweet Production,Inc. f' I ‘ ""‘ 18—cw—0311n GMS ‘ — A - -- ‘ Case Management Statement I I 1‘ “awn“ 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. b. E The complaintwas filed on (date): The cross—complaint, any, if June 18, 2018 was filed on (date): L l llllllllllWlle _ be answered by plaintiffs and cross-complainants 3. a. b. m Service E (to named All parties The in following partiesnamed in only) the complaint and cross—complaint have been served, have appeared, or have been dismissed. the complaint or cross-complaint (1) E: have not been sewed (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specifi/ names): (3) E have had a default entered against them (specify names): c. E The they following additional parties may be served): may be added (specifynames, nature of involvement in case, and date by which Description of case a- TYPe 0f case In m complaint E cross-complaint (Describe, including causes ofaction): Business torts (breach of fiduciary duty, interference with business relations) Page1of 5 Form AdoptedMandatory Use for Judicial Council of California CA5 E MANAG EM ENT STATEMENT Cal. Rules of Court, 3120—3730 rules CM-110[Rev. July 1, 2011] www.couris.ca.gov \ CM-1 10 CASE ”UMBER PLAINTIFF/PETITIONER: SWEET PRODUCTION, INC. 180N031 10 DEFENDANT/RESPONDENT: SOLOMON SHA 4. b. Provide a brief statementof the case, including any damages. (lfpersona/ injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnin s to date, and estimated future lost earnins. If euitab/e relief is sought, describe the nature of the relief.) Defen ant is a disgruntled former employee of laintif, a wholesale bakery. He conspired with subordinates to falsify time records and receive the unearned income for his own benefit. He alsoimpeded customer deliveries, causing certain customers t0 scale back 01'cease to do business with Plaintiff altogether. Plaintiff seeks damages for the amounts lost for paying wages and the falsified employee time records, liabilities for and for prospective income from the aforementioned d ustomers. Plaintiff also seeks punitive damages in an amount aqcordigg to (If more space is needed, check this box and attach a page deSIgnate as roof. ttachment 4b.) Jury or nonjury The trial party or parties request requesting a jurytrial): a jurytrial E a nonjury trial. more than one (If party, provide the name ofeach party a. b. E Trial date The No has been set trial for (date): date has been set. This case trial willbe ready 12 months ofthe date of the filing of the complaint for trial within (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): March 12—21, 2019 (planned vacation); April 15-22, 2019 (5—day trial) Estimated length of trial The party or parties estimate that the take (check one): trial will 7'10 days a. b. E days (specify number): hours (short causes) (specifil): Trial The a. representation party or parties Attorney: (to will be answered be represented for at each parfy) trial by the attorney or party caption listed in the E by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: E e. E—mail address: Additional representation isdescribed in Attachment 8. g. Party represented: 10. E Preference This case Alternative is dispute resolution (ADR) code entitled to preference (specifi/ section): 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 (1) in and community programs rule 3.221 case. in this For parties represented by counsel: Counsel and reviewed to the client has E has not ADR options with the client. provided the ADR information package identified (2) For seIf—represented parties: PartyE has E] has not reviewed the ADR information package identified in rule3.221. b. (1) E Referral to judicial arbitration or civil action mediation mediation under available). (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 statutorylimit. (2) E Civil case to Plaintiff elects to refer this Procedure section 1141 .1 1. and agrees judicial arbitration to limitrecovery to the amount specified inCode of (3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courier from action civil mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Cal. R. Ct. 3.811(b)(8)and Civ. Proc. Code § 1775.5 PageZofs CM-110[Rev,July1, 2011] CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: SWEET PRODUCTION, INC. 18CIV031 10 DEFENDANT/RESPONDENT: SOLOMON SHA 10. c. Indicate theADR process or processes that the party or parties are willing to participate in,have agreed to participatein,or have already participatedin (check all that apply and provide the specified information): The party or parties completing Ifthe party or parties completing this form in the case have agreed t0 thisform are willing 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 ofthe parties'ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1)Mediation DUDE Agreed tocomplete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2)Settlement conference DUDE \ Agreed tocomplete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation DUDE Agreed tocomplete 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 to complete 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 to complete private arbitrationby (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1O 201 1] [Rev. July 1, Page 3 of 5 CASE MANAGEMENT STATEMENT PLAINTIFF/PETITIONER: SWEET PRODUCTION, INC. CASE NUMBER: CM 18CIV031 10 DEFENDANT/RESPONDENT: SOLOMON SHA 11. a. b. D Insurance Insurance Reservation of carrier, rights: E if Yes E any, for party filing this statement (name): No c. Coverage issues willsignificantly affect resolution of this case (explain): Defendant fileda cross complaint. Plaintiff tendered the defense to itsinsurance carrier; the carrier has denied coverage. 12. Jurisdiction E Indicate Bankruptcy E any matters that may Other (specify): case and describe the status. affect the court's jurisdiction or processing 0f this Status: 13. a_ E Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1)Name of case: (2)Name of court: (3)Case number: (4) Status: b. E E Additional cases are described A motion to E in COHSOlidate Attachment 13a. E coordinate willbe filed by (name party): E 14. Bifurcation The an order bifurcating, severing, or coordinating the party or parties intend to file a motion for action (specifymoving party, type of motion, and reasons): following issues 0r causes of 15.Other motions E The party or parties expect to file the following motions before (specify trial moving pariy, type of motion, and issues): 16. a. b. E Discovery The The party or partieshave completed following discovery will discovery. all be completed by the date specified (describe allanticipated discovery): Party Descrigtion Date PlaintiffSweet Production, Inc. Form Interrogatories January 2019 Document Requests January 2019 Defendant's deposition February 2019 Third—party depositions December 20 1 8 c, E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“O 20111 [Rev- Ju'v 1v CASE MANAGEMENT STATEMENT Pa9e4°f5 CM-1 10 CASE NUMBER: PLAINTIFF/PETITIONER: SOLOMON SHA 18CIV031 10 DEFENDANT/RESPONDENT: SWEET PRODUCTION, INC. 17. a.E Economic litigation This isa limitedcivilcase the (i.e., of Civil Procedure sections 90-98 amount demanded is apply to this case. $25,000 or less) and the economic procedures litigation inCode D will 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. E Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. The partyor partieshave met and conferred with allparties on allsubjects required by rule 3.724 of the California Rules of Court not, (if explain): b. After meeting and conferring as required by rule3.724 of the California Rules of Court, the parties agree on the following (speciW): 20. Totalnumber of pages attached any): (if 0 |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: October 11, 2018 Andrew M. Agtagma } aL- m, 0- (TYPEOR PRINT NAME) (SIGNATURE O 0R ATl'ORNEY) OR PRINT NAME) 0R ATTORNEY) (SIGNATURE OF PARTY (TYPE E Additional signatures are attached. CM-1 10 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 ofs PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN MATEO I am employed in the County of San Mateo, State of California. I am over the age of 18 and not a party to the within action; my business address is: 1291 E Hillsdale Blvd, Suite 21 1B, Foster City, California 94404. On October 11, 2018, I served the foregoing document(s) described as: coooxlcaoxqzcowH PLAINTIFF’S CASE MANAGEMENT STATEMENT on interested parties in this action by placing a true copy thereof enclosed in sealed envelopes as follows: David Miclean, Es . MICLEAN GLEA ON LLP 411 Borel Ave., Suite 310 San Mateo, CA 94402 2118 A BY MAIL (CCP. § 1013(3)) I am readily familiar with the firm’s practice of collection and processing correspondence for mailing with the U.S. Postal Service. Under that practice it would be deposited with the U.S. Postal Service on that same day with ostage thereon fully 94404 Suite pre aid at Foster City, California in the ordinary course of business. fie envelope was sealed and on Corporation an placed for collection mailing that date following ordinary business practices. Blvd., BY EXPRESS MAJL (c.c.P. § 10157:» I am readily familiar with the firm’s practice of California CENTER __ collection and rocessing correspondence for mailing with Federal Express. Under that City, Hillsdale ractice it wouFd be deposited with Federal Express on that same da thereon fully pre aid at LAW Professional E‘oster City, California in the ordinary course of business. The enve ope was sealed an placed for collection and mailing on that date following ordinary business practices. E. _ Foster A BY PERSONAL SERVICE Idelivered such envelope(s) (0.0.1). 1011/a)) by hand to the offices of 1291 the addressee(s). [\wawwwwwwr—tHHHr—tp—AHr—tr—AH Ideclare under penalty of perjury under the laws of the State of California that the true and correct. WHOSU'Ierwv—IOQDWVOSU'IbPOJMP-‘O above is Executed on October 11, 2018 at Foster City, California. Ieanny I. Pai Name of Person Executing Proof] [Print [Signature] Plaintiff’sCase Management Statement