Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Allonn E. Levy / Erika Gasaway
HOPKINS & CARLEY, ALC
70 S. First Street
San Jose, CA 95113
TELEPHONE NO.: (408) 286-9800 FAX NO. (Optional): (408) 998-4790
E-MAIL ADDRESS (Optional): alevy@hopkinscarley.com / egasaway@hopkinscarley.com
ATTORNEY FOR (Name): Plaintiff MEHRDAD ELIE
11/4/2020
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 400 County Center
MAILING ADDRESS:
Redwood City, CA 94063
CITY AND ZIP CODE:
BRANCH NAME:Southern Branch
PLAINTIFF/PETITIONER: MEHRDAD ELIE
DEFENDANT/RESPONDENT: CRAIG CHANG, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
18CIV03643
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 19, 2020 Time: 9:00 a.,. Dept.: 11 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Erika Gasaway, Harrison Kordestani
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Plaintiff Elie Mehrdad
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): July 12, 2018
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) 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 involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Conversion, Breach of Fiduciary Duty, Constructive Trust and Declaratory Relief
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: MEHRDAD ELIE CASE NUMBER:
18CIV0343
DEFENDANT/RESPONDENT: CRAIG CHANG, et al.
4. b. Provide a brief statement of the case, including any damages. (If personal 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 relief is sought, describe the nature of the relief.)
Defendant admits that he owes at least $1,550,000 to Plaintiff as a result of Plaintiff’s loans and/or investments to
Defendants. Defendants also admit to keeping two sets of financial records, but dispute that doing so was for an
illegtimate purpose; Plaintiffs allege the purpose was defrauding would-be investors and lenders.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial): Plaintiff waived his right to a jury trial and filed and served a formal notice thereof on or about
July 10, 2020. Defendants did not post jury fees.
6. Trial date
a. The trial has been set for (date): June 1, 2020 (continued to 7/24/20 TSC due to COVID-19), continued to 10/25
TSC sua sponte, continued since then
b. 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):
December 10-18 (Religious Holiday); February 8-11 (trial); February 19-26 (prepaid vacation); February 25-26 (Religious
Holiday); March 3-10 (prepaid vacation); March 16-18 (Religious Holiday); April 21-26 (prepaid vacation); July 17-18
(Religious Holiday)
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 3 - 5 days
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section):
10. Alternative dispute 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: Counsel has has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) 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
Civil Procedure section 1141.11.
(3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: MEHRDAD ELIE CASE NUMBER:
18CIV03463
DEFENDANT/RESPONDENT: CRAIG CHANG, et al.
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 participated in (check all that apply 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 ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
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 (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
PLAINTIFF/PETITIONER: MEHRDAD ELIE CASE NUMBER:
18CIV03463
DEFENDANT/RESPONDENT: CRAIG CHANG, et al.
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be 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, and issues):
Plaintiff anticipates filing motions in limine ahead of trial relating to limiting Defendants’ ability to introduce evidence on which
they failed to produce discovery. Plaintiff would like those heard prior to trial if possible.
16. Discovery
a. The party or parties have completed all discovery.(Discovery cut-off occurred on May 4, 2020.)
b The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: MEHRDAD ELIE CASE NUMBER:
18CIV03463
DEFENDANT/RESPONDENT: CRAIG CHANG, et al.
17. Economic litigation
a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
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. 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 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): Discovery is closed.
The parties have exchanged 998 offers. This case is ready for trial.
b. After meeting and conferring as 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): 0
I 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: November 4, 2020
Erika J. Gasaway
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 5 of 5
1 PROOF OF SERVICE
2 I, Debi Adams, declare:
3 I am a citizen of the United States and employed in Santa Clara County, California. I am
4 over the age of eighteen years and not a party to the within-entitled action. My business address
5 is The Letitia Building, 70 S. First Street, San Jose, California 95113-2406. On the date listed
6 below, I served a copy of the within document(s):
7 CASE MANAGEMENT STATEMENT
8 by causing the document(s) listed above to be placed in a sealed envelope with postage
thereon fully prepaid, in the United States mail at San Jose, California addressed as set
9
forth below.
10 by electronically filing the document(s) listed above with the Clerk of the Court using the Odyssey
eFileCA e-filing system which will then send a notification and a copy of such filing to the
11 person(s) at the e-mail address(es) set forth below.
12
Harrison Kordestani
13 Attorney at Law
8033 Sunset Blvd., Suite 798
14 Los Angeles, CA 90046
Email: hpk@kordestanilaw.com
15
16 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
17
Executed on November 4, 2020, at San Jose, California.
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Debi Adams
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H OPKINS & C ARLEY
ATTO RNEY S AT LAW
000\3641139.1
SAN JO SE
PALO AL TO PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Allonn E. Levy / Erika Gasaway HOPKINS & CARLEY, ALC 70 S. First Street San Jose, CA 95113 TELEPHONE NO.: (408) 286-9800 FAX NO. (Optional): (408) 998-4790 E-MAIL ADDRESS (Optional): alevy@hopkinscarley.com / egasaway@hopkinscarley.com ATTORNEY FOR (Name): Plaintiff MEHRDAD ELIE 11/4/2020 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center MAILING ADDRESS: Redwood City, CA 94063 CITY AND ZIP CODE: BRANCH NAME:Southern Branch PLAINTIFF/PETITIONER: MEHRDAD ELIE DEFENDANT/RESPONDENT: CRAIG CHANG, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: 18CIV03643 (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 19, 2020 Time: 9:00 a.,. Dept.: 11 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Erika Gasaway, Harrison Kordestani INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiff Elie Mehrdad b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): July 12, 2018 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) 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 involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Conversion, Breach of Fiduciary Duty, Constructive Trust and Declaratory Relief Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: MEHRDAD ELIE CASE NUMBER: 18CIV0343 DEFENDANT/RESPONDENT: CRAIG CHANG, et al. 4. b. Provide a brief statement of the case, including any damages. (If personal 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 relief is sought, describe the nature of the relief.) Defendant admits that he owes at least $1,550,000 to Plaintiff as a result of Plaintiff’s loans and/or investments to Defendants. Defendants also admit to keeping two sets of financial records, but dispute that doing so was for an illegtimate purpose; Plaintiffs allege the purpose was defrauding would-be investors and lenders. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Plaintiff waived his right to a jury trial and filed and served a formal notice thereof on or about July 10, 2020. Defendants did not post jury fees. 6. Trial date a. The trial has been set for (date): June 1, 2020 (continued to 7/24/20 TSC due to COVID-19), continued to 10/25 TSC sua sponte, continued since then b. 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): December 10-18 (Religious Holiday); February 8-11 (trial); February 19-26 (prepaid vacation); February 25-26 (Religious Holiday); March 3-10 (prepaid vacation); March 16-18 (Religious Holiday); April 21-26 (prepaid vacation); July 17-18 (Religious Holiday) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3 - 5 days b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute 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: Counsel has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 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 Civil Procedure section 1141.11. (3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: MEHRDAD ELIE CASE NUMBER: 18CIV03463 DEFENDANT/RESPONDENT: CRAIG CHANG, et al. 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 participated in (check all that apply 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 ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): 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 (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: MEHRDAD ELIE CASE NUMBER: 18CIV03463 DEFENDANT/RESPONDENT: CRAIG CHANG, et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be 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, and issues): Plaintiff anticipates filing motions in limine ahead of trial relating to limiting Defendants’ ability to introduce evidence on which they failed to produce discovery. Plaintiff would like those heard prior to trial if possible. 16. Discovery a. The party or parties have completed all discovery.(Discovery cut-off occurred on May 4, 2020.) b The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: MEHRDAD ELIE CASE NUMBER: 18CIV03463 DEFENDANT/RESPONDENT: CRAIG CHANG, et al. 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. 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. 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 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): Discovery is closed. The parties have exchanged 998 offers. This case is ready for trial. b. After meeting and conferring as 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): 0 I 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: November 4, 2020 Erika J. Gasaway (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 1 PROOF OF SERVICE 2 I, Debi Adams, declare: 3 I am a citizen of the United States and employed in Santa Clara County, California. I am 4 over the age of eighteen years and not a party to the within-entitled action. My business address 5 is The Letitia Building, 70 S. First Street, San Jose, California 95113-2406. On the date listed 6 below, I served a copy of the within document(s): 7 CASE MANAGEMENT STATEMENT 8 by causing the document(s) listed above to be placed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Jose, California addressed as set 9 forth below. 10 by electronically filing the document(s) listed above with the Clerk of the Court using the Odyssey eFileCA e-filing system which will then send a notification and a copy of such filing to the 11 person(s) at the e-mail address(es) set forth below. 12 Harrison Kordestani 13 Attorney at Law 8033 Sunset Blvd., Suite 798 14 Los Angeles, CA 90046 Email: hpk@kordestanilaw.com 15 16 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 17 Executed on November 4, 2020, at San Jose, California. 18 19 Debi Adams 20 21 22 23 24 25 26 27 28 H OPKINS & C ARLEY ATTO RNEY S AT LAW 000\3641139.1 SAN JO SE PALO AL TO PROOF OF SERVICE