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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