On June 04, 2018 a
Party Statement
was filed
involving a dispute between
1740 Oak Avenue, L.P.,
Arnold, John S.,
Arnold, Marlene C.,
Carlisle, Andrea P.,
Carlisle, Jeffrey G.,
De Wolf, Michelle Rene,
Emanual Rosen And Daria Rosen, Trustees Of The Rosen Trust Dated September 25, 1996,
Heininger, Diane Elizabeth,
Lane, Sarah J.,
Levinson, Michael D.,
Mochly-Rosen, Daria,
Munoz, Amanda A,
Newman, Michael Thomas,
Rosen, Emanuel,
Spurlock, Lucile B.,
West Bay Sanitary District,
White, Christopher Ward,
Yates, David,
and
Alain Pinel Realtors, Inc., A California Corporation,
All Persons Unknown, Claiming Any Legal Or Equitable Right, Title, Estate Lien, Or Interest In The Property Described In The Complaint Adverse To Plaintiff'S Title, Or Any Cloud Upon Plaintiff'S Title Thereto,
Arnold, John S.,
Arnold, Marlene C.,
Carlisle, Andrea P.,
Carlisle, Jeffrey G.,
De Wolf, Michelle Rene,
Does 1 Through 20, Inclusive,
Emanual Rosen And Daria Rosen, Trustees Of The Rosen Trust Dated September 25, 1996,
Heininger, Diane Elizabeth,
Lane, Sarah J.,
Levinson, Michael D.,
Liljegren, R. Peter,
Merkert, Joe,
Mochly-Rosen, Daria,
Munoz, Amanda A,
Newman, Thomas,
Rosen, Emanuel,
Spurlock, Lucile B.,
West Bay Sanitary District, A California Special District,
White, Christopher Ward,
Yates, David,
for (26) Unlimited Other Real Property
in the District Court of San Mateo County.
Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Dean C. Rossi 188844
Rossi Domingue LLP
1570 The Alameda, Suite 316 12/2/2020 2:52 PM
San Jose CA 95126
TELEPHONE NO.:(408) 495-3900 FAX NO.(Optional): (408) 495-3901
dean@rdlaw.net
E-MAIL ADDRESS (Optional):
Plaintiff
ATTORNEY FOR (Name): 1740 Oak Ave., L.P.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
STREET ADDRESS: 400 County Center
MAILING ADDRESS:
CITY AND ZIP CODE:Redwood City CA 94063
BRANCH NAME:
PLAINTIFF/PETITIONER: 1740 Oak Ave., L.P.
DEFENDANT/RESPONDENT: West Bay Sanitary District
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): X UNLIMITED CASE LIMITED CASE 18CIV02813
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 16, 2020 Time: 9:00 a.m. Dept.: 11 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. X This statement is submitted by party (name): Plaintiff 1740 Oak Ave., L.P.
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): June 4, 2018
b. X The cross-complaint, if any, was filed on (date): June 6, 2019
3. Service (to be answered by plaintiffs and cross-complainants only)
a. X 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 the date by which
they may be served):
4. Description of case
a. Type of case in X complaint cross-complaint (Describe, including causes of action):
Complaint in inverse condemnation and to quiet title re Defendants'
claim of unrecorded sewer easement on Plaintiff's residential
property and related claims.
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
1740 Oak Ave., L.P.
CM-110
PLAINTIFF/PETITIONER:1740 Oak Ave., L.P. CASE NUMBER:
18CIV02813
DEFENDANT/RESPONDENT: West Bay Sanitary District
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.)
A sewer pipe runs under Plaintiff's property necessitating removal, the delay of
which has caused Plaintiff to incur substantial construction costs, diminution in
property value, and potential title problems. The pipe apparently services 7
neighboring properties via Plaintiff's property rights without an easement.
(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 X a jury trial a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for (date):
b. X 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): A trial date will be selected at this hearing.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. X days (specify number): 7-10 Days
b. hours (shortcauses) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial X 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 X 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 of 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
1740 Oak Ave., L.P.
CM-110
PLAINTIFF/PETITIONER:1740 Oak Ave., L.P. CASE NUMBER:
18CIV02813
DEFENDANT/RESPONDENT: West Bay Sanitary District
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
(1) Mediation X Mediation session scheduled for (date):
Agreed to complete mediation by (date):
X Mediation completed on (date): January 24, 2020
X Settlement conference not yet scheduled
(2) Settlement
X Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3) Neutral evaluation Neutral evaluation scheduled for (date):
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
1740 Oak Ave., L.P.
CM-110
PLAINTIFF/PETITIONER: 1740 Oak Ave., L.P. CASE NUMBER:
18CIV02813
DEFENDANT/RESPONDENT: West Bay Sanitary District
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 will 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
X The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motion for Summary Judgment/Adjudication; Motions in Limine
16. Discovery
a. The party or parties have completed all discovery.
b. X The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written Discovery Per Code
Plaintiff Oral Discovery Per Code
Plaintiff Expert Discovery Per Code
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
1740 Oak Ave., L.P.
CM-110
PLAINTIFF/PETITIONER: 1740 Oak Ave., L.P. CASE NUMBER:
18CIV02813
DEFENDANT/RESPONDENT: West Bay Sanitary District
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. X 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):The parties will meet and confer by the date of this
hearing.
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):
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: December 2, 2020
Dean C. Rossi
(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
1740 Oak Ave., L.P.
1 PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN MATEO
2 1740 Oak Ave., L.P. v. West Bay Sanitary District, et al.
Case No.: 18CIV02813
3
4 I, Colleen Eastman, declare:
5 I am now and at all times herein mentioned have been over the age of eighteen years, a
citizen of the United States, employed in Santa Clara County, California, and not a party to the
6 within action or cause; my business address is 1570 The Alameda, Suite 316, San Jose, California
95126. I am readily familiar with Rossi Domingue LLP’s practice for collection and processing of
7 documents for delivery by way of the service indicated below. On December 2, 2020, I served the
8 following document(s):
9 PLAINTIFF 1740 OAK AVE., L.P.’S CASE MANAGEMENT STATEMENT
10 on the interested party(ies) in this action as follows:
11 SERVICE LIST
12
13
(BY EMAIL SERVICE) Pursuant to Executive Order N-38-20 b) dated March 27,
14 2020); CCP §1010.6 (b)-(d)) I electronically served the document(s) listed above at the email
address(es) noted above without error. Proof of transmission can be provided if necessary.
15
I declare under penalty of perjury under the laws of the State of California that the foregoing is
16 true and correct and that I am employed in the office of a member of the bar of this Court at whose
direction the service was made.
17
18 Executed on December 2, 2020, at San Jose, California.
19
Colleen Eastman
20
21
22
23
24
25
26
27
28
1
POS - 1740 OAK AVENUE, L.P.
1 SERVICE LIST
2 NAME ATTORNEYS FOR
3 Todd H. Master Attorneys for West Bay Sanitary District
Shawn M. Ridley
4 Robert Gundert
Howard Rome Martin & Ridley
5 1900 O’Farrell Street, Ste. 280
San Mateo, CA 94403
6
T: 650-365-7715
7 F: 650-364-5297
Email: tmaster@hrmrlaw.com
8 Email: sridley@hrmrlaw.com
Email: rgundert@hrmrlaw.com
9
10
Alan F. Hunter, Esq. Attorneys for Defendants Sarah J. Lane
11 Elizabeth G. Landess, Esq. and David Yates
Gavin Cunnigham & Hunter
12 1530 The Alameda, Suite 210
San Jose, CA 95126
13 T: 408-294-8500
14 F: 408-294-8596
Email: hunter@gclitigation.com
15 Email: landess@gclitigation.com
Assistant Email: rivera@gclitigation.com
16
Jim Weixel Attorneys for Defendants John Arnold and
17 Demler Armstrong & Rowland, LLP Marlene Arnold
18 601 California St., Ste. 704
San Francisco, CA 94108
19 T: 415-949-1900
F: 415-949-1911
20 Email: jvw@darlaw.com
Assistant Email: bon@darlaw.com
21
22 Benjamin W. Blaisdell Attorneys for Defendants Jeffrey G.
Law Offices of John A. Biard Carlisle and Andrea Carlisle
23 11070 White Rock Rd Ste 200
Rancho Cordova, CA 95670-6057
24 T: (916) 638-6100
F: (916) 638-6607
25 Email: BBlaisde@travelers.com
26 Assistant Email: MMKrause@travelers.com
(Margaret Krause)
27
28 Stanley W. Smith Attorneys for Alain Pinel Realtors, Inc.
2
POS - 1740 OAK AVENUE, L.P.
1 NAME ATTORNEYS FOR
2 Niven & Smith and Joe Merkert
505 Sansome Street, Suite 450
3 San Francisco, CA 94111-3179
T: (415) 981-5451
4 F: (415) 433-5439
Email: sws@nivensmith.com
5 Assistant Email: wendy@nivensmith.com
6 Dewey Wheeler, Esq. Attorneys for Defendants Michael T.
Lisa Roberts, Esq. Newman and Michelle R. De Wolf
7 McNamara, Ney, Beatty, Slattery
8 Borges & Ambacher LLP
3480 Buskirk Avenue, Suite 250
9 Pleasant Hill, CA 94523
T: (925) 939-5330
10 F: (925) 939-0203
Email: Dewey.Wheeler@mcnamaralaw.com
11
Email: Lisa.Roberts@mcnamaralaw.com
12 Assistant Email: Jessica.perry@mcnamaralaw.com
Assistant Email: Karri.Murphy@mcnamaralaw.com
13 R. Peter Liljegren
In Pro Per
14 P.O. Box 5811
Santa Clara, CA 95056
15 Physical Address:
975 Comstock Street
16 Santa Clara, CA 95054
17
Dion N. Cominos, Esq. Attorneys for Defendants Michael
18 Catherine A. Salah, Esq. Levinson and Amanda Munoz
GORDON REES SCULLY MANSUKHANI, LLP
19 275 Battery Street, Ste. 2000
San Francisco, CA 94111
20 T: (415) 875-3133
F: (415) 986-8054
21
Email: dcominos@grsm.com
22 Email: csalah@grsm.com
Assistant Email: gszabo@grsm.com
23
Anthony F. Pinelli, Esq. Attorneys for Defendant Lucile B.
24 Williams Pinelli & Cullen Spurlock
1960 The Alameda, Suite 195
25
San Jose CA 95126
26 T: (408) 288-3868 x103
F: (408) 288-3860
27 Email: apinelli@wpclaw.com
Assistant Email: csmith@wpclaw.com
28
3
POS - 1740 OAK AVENUE, L.P.
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Dean C. Rossi 188844 Rossi Domingue LLP 1570 The Alameda, Suite 316 12/2/2020 2:52 PM San Jose CA 95126 TELEPHONE NO.:(408) 495-3900 FAX NO.(Optional): (408) 495-3901 dean@rdlaw.net E-MAIL ADDRESS (Optional): Plaintiff ATTORNEY FOR (Name): 1740 Oak Ave., L.P. SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo STREET ADDRESS: 400 County Center MAILING ADDRESS: CITY AND ZIP CODE:Redwood City CA 94063 BRANCH NAME: PLAINTIFF/PETITIONER: 1740 Oak Ave., L.P. DEFENDANT/RESPONDENT: West Bay Sanitary District CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): X UNLIMITED CASE LIMITED CASE 18CIV02813 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 16, 2020 Time: 9:00 a.m. Dept.: 11 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. X This statement is submitted by party (name): Plaintiff 1740 Oak Ave., L.P. 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): June 4, 2018 b. X The cross-complaint, if any, was filed on (date): June 6, 2019 3. Service (to be answered by plaintiffs and cross-complainants only) a. X 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 the date by which they may be served): 4. Description of case a. Type of case in X complaint cross-complaint (Describe, including causes of action): Complaint in inverse condemnation and to quiet title re Defendants' claim of unrecorded sewer easement on Plaintiff's residential property and related claims. 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 1740 Oak Ave., L.P. CM-110 PLAINTIFF/PETITIONER:1740 Oak Ave., L.P. CASE NUMBER: 18CIV02813 DEFENDANT/RESPONDENT: West Bay Sanitary District 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.) A sewer pipe runs under Plaintiff's property necessitating removal, the delay of which has caused Plaintiff to incur substantial construction costs, diminution in property value, and potential title problems. The pipe apparently services 7 neighboring properties via Plaintiff's property rights without an easement. (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 X a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. X 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): A trial date will be selected at this hearing. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. X days (specify number): 7-10 Days b. hours (shortcauses) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial X 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 X 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 of 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 1740 Oak Ave., L.P. CM-110 PLAINTIFF/PETITIONER:1740 Oak Ave., L.P. CASE NUMBER: 18CIV02813 DEFENDANT/RESPONDENT: West Bay Sanitary District 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 (1) Mediation X Mediation session scheduled for (date): Agreed to complete mediation by (date): X Mediation completed on (date): January 24, 2020 X Settlement conference not yet scheduled (2) Settlement X Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) Neutral evaluation Neutral evaluation scheduled for (date): 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 1740 Oak Ave., L.P. CM-110 PLAINTIFF/PETITIONER: 1740 Oak Ave., L.P. CASE NUMBER: 18CIV02813 DEFENDANT/RESPONDENT: West Bay Sanitary District 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 will 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 X The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for Summary Judgment/Adjudication; Motions in Limine 16. Discovery a. The party or parties have completed all discovery. b. X The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery Per Code Plaintiff Oral Discovery Per Code Plaintiff Expert Discovery Per Code 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 1740 Oak Ave., L.P. CM-110 PLAINTIFF/PETITIONER: 1740 Oak Ave., L.P. CASE NUMBER: 18CIV02813 DEFENDANT/RESPONDENT: West Bay Sanitary District 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. X 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):The parties will meet and confer by the date of this hearing. 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): 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: December 2, 2020 Dean C. Rossi (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 1740 Oak Ave., L.P. 1 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN MATEO 2 1740 Oak Ave., L.P. v. West Bay Sanitary District, et al. Case No.: 18CIV02813 3 4 I, Colleen Eastman, declare: 5 I am now and at all times herein mentioned have been over the age of eighteen years, a citizen of the United States, employed in Santa Clara County, California, and not a party to the 6 within action or cause; my business address is 1570 The Alameda, Suite 316, San Jose, California 95126. I am readily familiar with Rossi Domingue LLP’s practice for collection and processing of 7 documents for delivery by way of the service indicated below. On December 2, 2020, I served the 8 following document(s): 9 PLAINTIFF 1740 OAK AVE., L.P.’S CASE MANAGEMENT STATEMENT 10 on the interested party(ies) in this action as follows: 11 SERVICE LIST 12 13 (BY EMAIL SERVICE) Pursuant to Executive Order N-38-20 b) dated March 27, 14 2020); CCP §1010.6 (b)-(d)) I electronically served the document(s) listed above at the email address(es) noted above without error. Proof of transmission can be provided if necessary. 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is 16 true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 17 18 Executed on December 2, 2020, at San Jose, California. 19 Colleen Eastman 20 21 22 23 24 25 26 27 28 1 POS - 1740 OAK AVENUE, L.P. 1 SERVICE LIST 2 NAME ATTORNEYS FOR 3 Todd H. Master Attorneys for West Bay Sanitary District Shawn M. Ridley 4 Robert Gundert Howard Rome Martin & Ridley 5 1900 O’Farrell Street, Ste. 280 San Mateo, CA 94403 6 T: 650-365-7715 7 F: 650-364-5297 Email: tmaster@hrmrlaw.com 8 Email: sridley@hrmrlaw.com Email: rgundert@hrmrlaw.com 9 10 Alan F. Hunter, Esq. Attorneys for Defendants Sarah J. Lane 11 Elizabeth G. Landess, Esq. and David Yates Gavin Cunnigham & Hunter 12 1530 The Alameda, Suite 210 San Jose, CA 95126 13 T: 408-294-8500 14 F: 408-294-8596 Email: hunter@gclitigation.com 15 Email: landess@gclitigation.com Assistant Email: rivera@gclitigation.com 16 Jim Weixel Attorneys for Defendants John Arnold and 17 Demler Armstrong & Rowland, LLP Marlene Arnold 18 601 California St., Ste. 704 San Francisco, CA 94108 19 T: 415-949-1900 F: 415-949-1911 20 Email: jvw@darlaw.com Assistant Email: bon@darlaw.com 21 22 Benjamin W. Blaisdell Attorneys for Defendants Jeffrey G. Law Offices of John A. Biard Carlisle and Andrea Carlisle 23 11070 White Rock Rd Ste 200 Rancho Cordova, CA 95670-6057 24 T: (916) 638-6100 F: (916) 638-6607 25 Email: BBlaisde@travelers.com 26 Assistant Email: MMKrause@travelers.com (Margaret Krause) 27 28 Stanley W. Smith Attorneys for Alain Pinel Realtors, Inc. 2 POS - 1740 OAK AVENUE, L.P. 1 NAME ATTORNEYS FOR 2 Niven & Smith and Joe Merkert 505 Sansome Street, Suite 450 3 San Francisco, CA 94111-3179 T: (415) 981-5451 4 F: (415) 433-5439 Email: sws@nivensmith.com 5 Assistant Email: wendy@nivensmith.com 6 Dewey Wheeler, Esq. Attorneys for Defendants Michael T. Lisa Roberts, Esq. Newman and Michelle R. De Wolf 7 McNamara, Ney, Beatty, Slattery 8 Borges & Ambacher LLP 3480 Buskirk Avenue, Suite 250 9 Pleasant Hill, CA 94523 T: (925) 939-5330 10 F: (925) 939-0203 Email: Dewey.Wheeler@mcnamaralaw.com 11 Email: Lisa.Roberts@mcnamaralaw.com 12 Assistant Email: Jessica.perry@mcnamaralaw.com Assistant Email: Karri.Murphy@mcnamaralaw.com 13 R. Peter Liljegren In Pro Per 14 P.O. Box 5811 Santa Clara, CA 95056 15 Physical Address: 975 Comstock Street 16 Santa Clara, CA 95054 17 Dion N. Cominos, Esq. Attorneys for Defendants Michael 18 Catherine A. Salah, Esq. Levinson and Amanda Munoz GORDON REES SCULLY MANSUKHANI, LLP 19 275 Battery Street, Ste. 2000 San Francisco, CA 94111 20 T: (415) 875-3133 F: (415) 986-8054 21 Email: dcominos@grsm.com 22 Email: csalah@grsm.com Assistant Email: gszabo@grsm.com 23 Anthony F. Pinelli, Esq. Attorneys for Defendant Lucile B. 24 Williams Pinelli & Cullen Spurlock 1960 The Alameda, Suite 195 25 San Jose CA 95126 26 T: (408) 288-3868 x103 F: (408) 288-3860 27 Email: apinelli@wpclaw.com Assistant Email: csmith@wpclaw.com 28 3 POS - 1740 OAK AVENUE, L.P.