Preview
CM - 110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address): FOR COURT USE ONLY
Lawrence A. Jacobson 057393
Cohen and Jacobson , LLP
66 Bovet Road , Suite 285
San Mateo , CA 94402
650-642-4906
TELEPHONE NO .: 650-745-0720
FAX NO. (Optional): 12/24/2020
laj@cohenandjacobson.com
E - MAIL ADDRESS (Optional):
Millard W Tong and Alicia W Tong
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
400 County
STREET ADDRESS : Center
400 County Center
MAILING ADDRESS :
Redwood City 94063
CITY AND ZIP CODE:
BRANCH NAME: Southern Branch
PLAINTIFF /PETITIONER : City of Pacifica
DEFENDANT /RESPONDENT: Millard W Tong and Alicia W Tong et al
CASE MANAGEMENT STATEMENT CASE NUMBER :
18-CIV-05455
(Check one): Х UNLIMITED CASE LIMITED CASE
( Amount demanded (Amount demanded is $ 25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Time :9:00 a.m. Dept.: Dept 2 Div .: Room :
Date: January 5 , 2021
Address of court ( if different from the address above):
Notice of Intent to Appear by Telephone , by (name):
must be provided .
INSTRUCTIONS : All applicable boxes must be checked , and the specified information
1. Party or parties (answer one):
a. This statement is submitted by party (name):
b. Х This statement is submitted jointly by parties(names): Millard W Tong and Alicia W Tong
2. Complaint and cross - complaint ( to be answered by plaintiffs and cross -complainants only )
a. The complaint was filed on (date ):10/9/2018
b. (date ):
The cross -complaint, if any , was filed on
3. Service (to be answered by plaintiffs and cross - complainants only)
appeared, or have been dismissed .
a. All parties named in the complaint and cross-complaint have been served, have
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
Type of case in x complaint cross - complaint (Describe, including causes of action ):
a.
Complaint in Eminent Domain
Page 1 of 5
Cal . Rules of Court,
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT rules 3.720-3.730
Judicial Council of California www.courts.ca.gov
CM-110 (Rev. July 1 , 2011 ]
CM-110
CASE NUMBER:
PLAINTIFF /PETITIONER : City of Pacifica
18 -CIV-05455
DEFENDANT/RESPONDENT: Millard W Tong and Alicia W Tong et al
specify the injury and
damages. (If personal injury damages are sought,
4. b . Provide a brief statement of the case , including any and amount] , estimated futuremedical expenses, lost
source
to date [indicate
damages claimed, including medical expenses nature of the relief.)
date,and estimated future losteamings. If equitable relief is sought, describe the
earnings to
4b.)
and attach a page designated as Attachment
x ( lf more space is needed, check this box
5. Jury or nonjury trial name of each party
a jury trial a nonjury trial. ( If more than one party, provide the
a. The party or parties request x
requesting a jury trial):
to mark the request in this statement.
This request is made to avoid waiver by failing
6. Trial date
a. x The trial has been set for January 19, 2020
(date ):
( if
date of the filing of the complaint
b. No trial date has been set.This case willbe ready for trial within 12 months of the
not, explain ):
reasons for unavailability ):
available for trial ( specify dates and explain
C. Dates on which parties or attorneys will not be
7. Estimated length of trial
take (check one ):
The party or parties estimate that the trial will
a. x days ( specify number):2 to 3
b. hours (short causes) (specify ):
party )
8. Trial representation ( to be answered for each
by the following:
X by the attorney or party listed in the caption
The party or parties will be represented at trial
a. Attorney:
b. Firm :
C. Address:
f. Fax number:
d. Telephone number:
g. Party represented :
e. E-mail address :
Additional representation is described in Attachment 8 .
9. Preference
section ):
This case is entitled to preference (specify code
10. Alternative dispute resolution (ADR)
communities; read
ADR processes are available in different courts and
a. ADR information package . Please note that different processes available through the
under rule 3.221 forinformation about the
the ADR information package provided by the court
court and community programs in this case .
x has has not provided the ADR information package identified
(1 )For parties represented by counsel: Counsel
in rule 3.221to the client and reviewed ADR options with the client .
For self - represented parties: Party
has has not reviewed the ADR information package identified in rule 3.221 .
(2)
available) .
b. Referral to judicial arbitration or civil action mediation ( if or to civil action
under Code of Civil Procedure section 1141.11
arbitration
(1 ) This matter is subject to mandatory judicial controversy does not exceed the
because the amount in
mediation under Code of Civil Procedure section 1775.3
statutory limit.
of
agrees to limit recovery to the amount specified in Code
(2) Plaintiff elects to refer this case to judicial arbitration and
Civil Procedure section 1141.11 .
3.811 of the California Rules of Court or from civil action
(3) This case is exempt from judicial arbitration under rule
mediation under Code of Civil Procedure section 1775 et seq. ( specify exemption ):
Page 2 of 5
CM-110 [Rev. July 1 , 2011 ] CASE MANAGEMENT STATEMENT
CM- 110
CASE NUMBER:
PLAINTIFF /PETITIONER : City of Pacifica 18 -CIV -05455
DEFENDANT/RESPONDENT: Millard W Tong and Alicia W Tong et al
or
participate in , have agreed to participate in ,
that the party or parties are willing to
10. c .Indicate the ADR process or processes information ):
that apply and provide the specified
have already participated in ( check all
this form in the case have agreed to
If the party or parties completing
The party or parties completing ADR process or processes,
participate in or have already completed an
this form are willing to attacha copy of the parties' ADR
participate in the following ADR indicate the status of the processes (
stipulation ):
processes ( check all that apply ):
Х Mediation session not yet scheduled
Mediation session scheduled for (date ):
х
( 1 ) Mediation Agreed to complete mediation by (date ):
Х Mediation completed on (date): Bankruptcy Issues only
Settlement conference not yet scheduled
Settlement conference scheduled for (date ):
(2) Settlement х by (date ):
Agreed to complete settlement conference
conference
Settlement conference completed on (date ):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
date):
(3) Neutral evaluation Agreed to complete neutral evaluation by (
Neutral evaluation completed on (date ):
Judicial arbitration not yet scheduled
( date ):
Judicial arbitration scheduled for
(4) Nonbinding judicial (date ):
arbitration Agreed to complete judicial arbitration by
Judicial arbitration completed on (date ):
Private arbitration not yet scheduled
Private arbitration scheduled for( date ):
(5) Binding private (date ):
Agreed to complete private arbitration by
arbitration
Private arbitration completed on (date ):
ADR session not yet scheduled
ADR session scheduled for (date ):
(6) Other (specify): Agreed to complete ADR session by (date ):
ADR completed on (date ):
Page 3 of 5
CM-110 (Rev. July 1 , 2011 ] CASE MANAGEMENT STATEMENT
CM -110
CASE NUMBER:
PLAINTIFF /PETITIONER : City of Pacifica
18 - CIV - 05455
DEFENDANT /RESPONDENT: Millard W Tong and Alicia W Tong et al
11. Insurance
a. Insurance carrier, if any , for party filing this statement (name):
Yes No
b. Reservation of rights:
this case (explain ):
C. Coverage issues will significantly affect resolution of
12. Jurisdiction
status.
jurisdiction or processing of this case and describe the
Indicate any matters that may affect the court's
Bankruptcy D Other (specify ):
previously resolved in successful Chapter 11 case in mediation regarding those issues.
Status : Bankruptcy stayissues were
coordination
13. Related cases , consolidation, and
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 .
consolidate coordinate willbe filed by (name party ):
b. A motion to
14. Bifurcation
causes of
bifurcating, severing, or coordinating the following issues or
The party or parties intend to file a motion for an order
action (specify moving party, type of motion,and reasons):
15. Other motions
before trial(specify moving party, type of motion,and issues ):
The party or parties expect to file the following motions
See response to No. 18 below .
16. Discovery
a. The party or parties have completed all discovery
(describe all anticipated discovery ):
b. x The following discovery will be completed by the date specified
Date
Party Description
1/6/2021
Tongs Deposition of appraiser for the city is pending
the discovery of electronically stored information , are
C. The following discovery issues , including issues regarding
anticipated ( specify):
Page 4 of 5
CM-110 [Rev. July 1 , 2011 ] CASE MANAGEMENT STATEMENT
CM -110
CASE NUMBER :
PLAINTIFF /PETITIONER : City of Pacifica
18 - CIV -05455
DEFENDANT/RESPONDENT: Millard W Tong and Alicia W Tong et al
17. Economic litigation
or less) and the economic litigation procedures in Code
a. This is a limited civil case (i.e. , the amount demanded is $25,000
of Civil Procedure sections 90-98 will apply to this case .
the economic litigation procedures or for additional
b. This is a limited civil case and a motion to withdraw the case from
procedures relating to discovery or trial
( if checked, explain specifically why economic litigation
discovery will be filed
should not apply to this case ):
18. Other issues
be considered or determined at the case management
The party or parties request that the following additional matters
conference ( specify ):
continuance of the trial and the filing of motions by the parties for
Tongs agree that judicial efficiency would be achieved by a
the
determination of legal issues relating to TRDs . Under allprevailing circumstances, Tongs request that the trial date be set
approximately 120 days out .
19. Meet and confer
all subjects required by rule 3.724 of the California Rules
a. x The party or parties have met and conferred with all parties on
of Court ( if not,
explain ):
of Court, the parties agree on the following
b. After meeting and conferring as required by rule 3.724 of the California Rules
( specify):
1
20. Total number of pages attached ( if any ):
the status of discovery and alternative dispute resolution ,
I am completely familiar with this case and will be fully prepared to discuss
issues at the timeof
enter into stipulations on these
as well as other issues raised by this statement, and will possess the authority to
authorityofthe party where required.
the case management conference, including the written
Date :12/23/2020
Lawrence A. Jacobson
(TYPE OR PRINT NAME) SIGNATURE OF PARTY OR ATTORNEY)
( TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached .
Page 5 of 5
CM-110 [Rev. July 1 , 2011 ] CASE MANAGEMENT STATEMENT
Attachment 4b
at 310 and 320 Esplanade
by eminent domain two parcels
The City of Pacifica seeks to take The parcels
had been situated.
20 - unit apartment buildings
Avenue , Pacifica, upon which two erosion.
wave action ” and
ocean in an area that suffered “
are located at a bluff on the
were
to bluff erosion which events
and then razed the buildings due
In 2016, the City red - tagged
highly publicized.
funded the 310
the City formulated and partially
Prior to the date of taking in September 2018,
protect the property.
Preservation Project to install a seawall to
330 Esplanade Infrastructure
development, specifically
property subject to constraints to
In order to encourage owners of development rights
ordinances authorizing the transfer of
including erosion , the City enacted
locations.
properties to parcels in other
(“ TRDs”) from problematic
properties subject to various
the ordinances is to transfer from
Stated differently, the purpose of
parcel in a different
of the troubled property to a
development risks the development rights
could occur without those risks.
location at which development
based upon an appraisal
$ 76,500 as “ just compensation ”
The City made its offer of payment of
unuseable “land bank ” parcels, and did not attribute any value
that valued the property as vacant
to the TRDs .
commodities that are
has testified that TRDs are saleable
The appraiser engaged by the Tongs
have
that are the subject of this litigation
customarily bought and sold , that the parcels TRDs is
that the value of those
development rights for 35 dwelling units that can be sold, and
$4,375,000 .
PROOF OF SERVICE
I am over eighteen years old , not a party in this litigation, and my business address is 66
Bovet Road , Suite 285 , San Mateo , California 94402. On December 23 , 2020 , I served the
following document(s) on the person( s) at the address (es) listed below :
CASE MANAGEMENT CONFERENCE STATEMENT BY MILLARD W. TONG AND
ALICIA W. TONG
The document ( s ) were served by the following means:
X ( BY ELECTRONIC SERVICE ) Based upon a statute ,rule , court order or an
agreement of the parties to accept service by electronic transmission, I caused the
documents to be sent to the person( s) at the electronic notification address (es)
listed below.
Albert Tong
Burke, Williams & Sorensen , LLP
1901 Harrison Street,Suite 900
Oakland , CA 94612-3501
by email to confirmed address at: atong@bwslaw.com
Executed at Burlingame, California , on December 23 , 2020 .
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
so
Lawrence A. Jacobson