On February 04, 2016 a
Party Statement
was filed
involving a dispute between
The State Of California,
and
Adt Llc, A Delaware Limited Liability Company,
Alixa Rx Llc, A Delaware Limited Liability Company,
Amer, Hanieh,
American Securities Company, A California Corporation, As Trustee,
Arjohuntleigh, Inc, A Delaware Corporation,
Baby Nutrition Shop Inc.,
Buzz Oates Enterprises Ii, A California General Partnership,
Buzz Oates Enterprises Ii, Llc, A Delaware Limited Liability Company,
Buzz Oates Llc, A California Limited Liability Company,
Clinica Sierra Vista, A California Non-Profit Corporation,
Dva Healthcare Renal Care,
G & G Diamond Investments, Inc.,
Lifecare Solutions, Inc., A Delaware Corporation,
National Ecological Observatory Network, A District Of Columbia Non-Profit Corporation,
Oates Associates Investors, Llc, A California Limited Liability Company,
Shan-E-Punjab Inc., A California Corporation,
Singh, Joginder,
Singh, Satnam,
Taj, Nadeem M,
Unilab Corporation, A Delaware Corporation,
Wells Fargo Bank, National Association, A National Banking Association,
for 14 Unlimited - Eminent Domain/Inverse Condemnation
in the District Court of Fresno County.
Preview
CM-110
ATTORNEY OR PARTY
IMTH ATTORNEY (Name, Slate Sar numaev and aleffessf
OUT FOR COURT USE ONLY
Marshall C. Whitney, ¹82952, John W. Philhps, ¹1471 17
Whitney, Thompson 8 Jeffcoach LLP
8050 N. Palm Avenue, Suite 110
Fresno, CA 93711 E-FILED
TELEPHoNE No (559) 753-2550 Fax No foMmnail (559) 753-2560 11/30/2020 1:59 PM
mWhitney@WtjlaW COm; jardaiZ@WtilaW Com
EMAIL ADDRESS foplonap
Superior Court of California
AOORNEV FORINa~f JOginder Singh,Satnam Singh and SHAN-E Punjab InC.
County of Fresno
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
By: J. Nelson, Deputy
s~REE~AooREss 1130 "0" Street
MAiuNDADDREss 1130 "0" Street
Fresno, CA 93721
clTY AND zip coDE:
BRANCH NAME B. F. Sisk Courthouse
PLAINTIFF/PETII IONER: TheState of California
DEFENDANT/RESPONDENT: Buzz Dates Enterprises, et al.
II,
(Check one)f DG
CASE MANAGEMENT STATEMENT
UNLIMITED CASE
(Amount demanded
~ LIMITED CASE
(Amount demanded is $ 25,000
CASE NUMBER
16CECG00347
exceeds $ 25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date. December 15, 2020 Time: 1:30 p m. Dept, 501 Dlv J Room:
Address of court (if Chfferenf from the address above):
~X Notice of Intent to Appear by Telephone, by (name)f Marshall C Whitney
INSTRUCTIONS; All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a
b ~
~x This statement is submitted by party (name):
See Attachment 1.a.
This statement is submitted jointly by parties (names):
2 Complaint and cross-complaint (to be answered by plaintiffs and cross-complainanls only)
a.
b. ~
The complaint was filed on (dale):
February 4, 2016
The cross-complaint, if any, was filed on (date):
3 Service (lo be answered by plaintiffs and cmss-complainants only)
a.
b. ~
DQ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed
(1) ~
The following parties named in the complaint or cross-complaint
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 mvolvement
they may be served):
ln case, and date by which
4. Description of case
a Type of case in ~X complaint cross-complaint (Describe, including causes of action):
Eminent Domain
Pa afore
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal Rules of CoufL
Jed oal Counol of Csl fern a
CM-110 [Rev July I 2011]
CEB miss 3 720-3 730
www coun s ca pov
www.ceb.corn
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: The State of California
16CECG00347
DEFENDANT/RESPONDENT: Buzz Oates Enterprises,II,et al.
4. b. Provide a brief statement of the case, including any damages. (If personalinjury 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)
Plaintiff seeks to condemn and acquire fee title to a portion of a parcel of improved property to which Defendant Wells Fargo
Bank is a beneficiary under a deed of trust recorded against the property.
(If morespace is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request
requesting ajury trial):
[X ~
a jury trial a nonjury trial. (If more than one party, provide the name of each party
6.
a.
b.
~
Trial date
~ The trial has been set for (date):
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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Trial dates set for other cases: 03/01/2021 to 03/09/2021; 07/26/2021 to 07/30/2021; and 01/24/2022 to 01/27/2022.
7. Estimated length of trial
a.
b.
~
The party or parties estimate that the trial will take (check one):
~ days (specify number):
hours (short causes) (specify):
8. Trialrepresentation (to be answered for each party)
QQ
The party or parties will be represented at trial
a. Attorney:
~
by the attorney or party listed in the caption by the following:
b. Firm:
c. Address:
d. Telephone number: f, Fax number.
e. E-mail address: g. Party represented:
Additional representation is described
inAttachment 8.
9. Preference
This case is entitled to preference (specify code section):
10. Alternativedispute 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: CounselMx has W has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) H
For self-represented parties: Party has C3 has not reviewed the ADR information package identified in rule 3.221.
b.
(1)~
Referral to judicial arbitration or civil action mediation (if available).
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
Procedure section 1141.11.
~
Civil
(3) This case is exempt from judicial arbitration under rule 3.811 of the California
Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 IRev. July 1. 2011]
CASE MANAGEMENT STATEMENT Page2of6
CEB
www.ceb.corn
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER'he State of California
16CECG00347
EFENDANT/RESPONDENT: Buzz Dates Enterprises, et al.
II,
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 partiapated in (check a// that app/y 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 ADRindicate the status of the processes (a//ach a copy of the parties'DR
processes (check a// that app/y)J
stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(I) Mediation
Agreed to complete mediation by (date)
Mediation completed on (dale):
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 (dale):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Nonbinding judicial Judicial arbitration scheduled for (date):
(4)
arbitration
Agreed to complete ludimal arbitration by (dale):
Judicial arbitration completed on (datel
Private arbitration not yet scheduled
Binding private Privale arbitration scheduled for (dale):
(5)
arbitration Agreed to complete private arbitration by (dale):
Private arbitration completed on (dale):
ADR session not yet scheduled
ADR session scheduled for (dale):
(6) Other (specify)
Agreed to complete ADR session by (date):
ADR completed on (dale).
u 2011]
CM.110 [Rev Jelr Reseeere
CASE MANAGEMENT STATEMENT CtB
www.ceb.corn
CASE NUMBER:
PIAINTIFF/PETITIONER: The State of California
16CECG00347
DEFENDANT/RESPONDENT: Buzz Oates Enterprises, et al.
II,
a. ~
11.Insurance
Insurance carrier, if any, for party filing this statement (name):
H H
b.
c. ~
Reservation of rights: Yes No
Coverage issues will significantly affect resolution of this case (exp/ain):
12. Jurisdiction
~
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Status:
Bankruptcy H Other (specify);
~
13. Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
b.
~
~
(4) Status:
A motion to consolidate ~
Additional cases are described in Attachment 13a.
~ coordinate willbe 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, andissues):
16.
a.
b.
~
Discovery
The party or parties have completed all discovery.
UH The following discovery will be completed by the date specified (describe all anticipated discovery):
Para ~Doscn tion Date
Defendant Joginder Singh Interrogatories and Request for Production 05/30/21
Defendant Satnam Singh Interrogatories and Request for Production 05/30/21
Defendant SHAN-E Punjab Inc. Interrogatories and Request for Production 05/30/21
~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 IRev. July 1, 2011] Pago 4 of 6
CASE MANAGEMENT STATEMENT CKB
www.ceb.corn
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: The State of California
16CECG00347
DEFENDANT/RESPONDENT: et al.
Buzz Oates Enterprises, Il,
17.
a. ~
Economic litigation
This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
b. ~ of Civil Procedure sections 90-98 will apply to this case.
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 INhy 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):
19.
a. ~
Meet and confer
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 conferringas 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
Iam 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 the
e issues the time of
the case management conference, including the written authority of the party where required.
Date: November)~ 2020
Marshall C. Whitney
(TYPE OR PRINT NAME) (SIGNATUE OF PARTY OR ATTORNEY)
(TYPE OR PRiNT NAME)
~ (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 IRev. July 1, 2011] PageSof S
CASE MANAGEMENT STATEMENT C83
www.ceb.corn
MC-025
CASE NUMBER:
SHORT TITLE:
v. Buzz Oates Enterprises,
The State of California et al.
II, 16CECG00347
ATTACHMENT (Number): Ia.
(This Attachment may be used with any Judicial Council form.)
Joginder Singh, individually, and dba SHAN-E Punjab; Satnam Singh, individually, and dba SHAN-E Punjab; and SHAN-E Punjab Inc.
(If the item that this Attachment concerns is made under penalty of pejury, all statements in this Page 6 of 6
Attachment are made under penalty of pejrury.)
(Add pages as required)
Form Approved for Oplional Use www.corrrfrir re.ca.gov
Judicial Council of California ATTACHMENT
MC425 lRev. July 1, 2009} to Judicial Council Form www.ceb.corn
PROOF OF SERVICE
The State of California v. Buzz Oates Enterprises, H, et aL,
Case No. 16CECG00347
STATE OF CALIFORNIA, COUNTY OF FRESNO
At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Fresno, State of California. My business address is 8050 N. Palm
Avenue, Suite 110, Fresno, CA 93711.
On November 30, 2020, I served true copies of the following document(s) described as
CASE MANAGEMENT STATEMENT on the interested parties in this action as follows:
SEE ATTACHED SERVICE LIST
BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
10
persons at the addresses listed in the Service List and placed the envelope for collection and
mailing, following our ordinary business practices. I am readily familiar with the practice of
Whitney, Thompson & Jeffcoach LLP for collecting and processing correspondence for mailing.
On the same day that correspondence is placed for collection and mailing, it is deposited in the
12
ordinary course of business with the United States Postal Service, in a sealed envelope with
postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The
13
envelope was placed in the mail at Fresno, California.
14
BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
document(s) to be sent from e-mail address bcruz@wtjlaw.corn to the persons at the e-mail
15
addresses listed in the Service List. I did not receive, within a reasonable time after the
16
transmission, any electronic message or other indication that the transmission was unsuccessful.
I declare under penalty of perjury under the laws of the State of California that the
17
foregoing is true and correct.
18
Executed on November 30, 2020, at Fresno, California.
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WHITNEY
THOMPSON S
JEFFCOACH 3020 05492145.000
SERVICE LIST
The State of California v. Buzz Oates Enterprises, II, et al.,
Case No. 16CECG00347
Erin E. Holbrook, Chief Counsel Attorneys for Plaintiff THE STATE OF
G. Michael Harrington, Deputy Chief Counsel CALIFORNIA
Lucille Y. Baca, Assistant Chief Counsel
Derek D. Wong, Deputy Attorney
Caltrans Legal Division — Bay Area Legal Offtce
111 Grand Avenue, Suite 11-100, Oakland, CA
94612-3717
Mail:P.O. Box 24325, Oakland, CA 94623-1325
Tel.: (510) 433-9100
Fax: (510) 433-9167
Email: maria.codonero dot.ca.oov
10
Michael H. Wallenstein Attorneys for Defendant DVA
WOLF WALLENSTEIN & ABRAMS, PC HEALTHCARE RENAL CARE, INC. dba
11400 West Olympic Blvd., Suite 700 DAVITA FRESNO DIALYSIS
12 Los Angeles, CA 90064
Tel.: (310) 622-1000
13 Fax: (310) 457-9087
Email: MWallensteinSwolfwallenstein.corn
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WHITNEY
THOMPSON &
JEFFCOACH 30ZO 03492 I43 000