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  • CITY OF PACIFICA  vs.  EAST WEST INVESTMENT INC., A CALIFORNIA CORPORATION, et al(14) Unlimited Eminent Domain/Inv Cond document preview
  • CITY OF PACIFICA  vs.  EAST WEST INVESTMENT INC., A CALIFORNIA CORPORATION, et al(14) Unlimited Eminent Domain/Inv Cond document preview
  • CITY OF PACIFICA  vs.  EAST WEST INVESTMENT INC., A CALIFORNIA CORPORATION, et al(14) Unlimited Eminent Domain/Inv Cond document preview
  • CITY OF PACIFICA  vs.  EAST WEST INVESTMENT INC., A CALIFORNIA CORPORATION, et al(14) Unlimited Eminent Domain/Inv Cond document preview
  • CITY OF PACIFICA  vs.  EAST WEST INVESTMENT INC., A CALIFORNIA CORPORATION, et al(14) Unlimited Eminent Domain/Inv Cond document preview
  • CITY OF PACIFICA  vs.  EAST WEST INVESTMENT INC., A CALIFORNIA CORPORATION, et al(14) Unlimited Eminent Domain/Inv Cond document preview
  • CITY OF PACIFICA  vs.  EAST WEST INVESTMENT INC., A CALIFORNIA CORPORATION, et al(14) Unlimited Eminent Domain/Inv Cond document preview
  • CITY OF PACIFICA  vs.  EAST WEST INVESTMENT INC., A CALIFORNIA CORPORATION, et al(14) Unlimited Eminent Domain/Inv Cond document preview
						
                                

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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