Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORN EY (Name, State Bar number, and address): FOR COURT USE ONLY
David P. Nemecek, Jr. (State Bar No. 194402)
The Fortress Law Firm, Inc.
50 California Street, Suite 1500, San Francisco, CA 941 11 EIECtmnica"?
TELEPHONE No.:(41 5)277-5400 FAXNo.(Optional): (41 5) 723-7370
by Euperiuruurt
F"-
of CalifomiaruuntyofSan Mateo
.
ADDRESS (Optional):
E—MAIL
daVId@fortress-Iaw.com N 5/27/2021
ATTORNEY F0R(Name): BootUp Ventures, Boostcare, M. ten Vaanholt & M. Agan/val?
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F San Mateo Hr 1:! Eln!
STREETADDREss: 400 County Center Drive
CI
Deputy Tfa‘glga
MAILING ADDRESS:
C'TY AND Z'P CODE
Redwood City 94063
BRANCH NAME:Hall of Justice & Records
PLAINTIFF/PETITIONER: BootUp Ventures, LLC, et al.
DEFENDANT/RESPONDENT: Tarun Gaur, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): UNLIMITED CASE LIMITED CASE 18CIV06232
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 4, 2021 Time: 2:00 p.m. Dept.: 23 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. This statement is submitted by party (name):
b. This statement is submitted jointly by parties (names): BU Ventures, Boostcare, M. ten Vaanholt & M. Agarwal
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): November 19, 201 8
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 0f case In complaint cross-complaint (Describe, including causes of action):
Complaint for breach of contract, breach of fiduciary duty, account stated, open book account, unjust
enrichment and specific performance.
Page1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720—3.730
CM-1 10 [Rev. July 1, 201 1] www.courts.ca.gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: BOOtUp Ventures, LLC, et al.
1SCIV06232
DEFENDANT/RESPONDENT: Tarun Gaur, et al.
4. b. Provide a brief statement of the case, including any damages. (lfpersonal 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.)
Complaint for breach of a Memorandum of Understanding between BootUp Ventures, LLC and Tarun Gaur
concerning the transfer of an equity ownership interest in two businesses (Jinigram, LLC and Dial2buy.com, LLC)
that are owned and controlled by Gaur to BootUp Ventures.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request a jury trial a nonjury trial. (Ifmore than one party, provide the name of each party
requesting a jury trial):
Trial date
a. :I The trial has been setfor (date):
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):
September 13-17, 2021 (business travel), September 20-October 4, 2021 (business travel/vacation), November
8-12, 2021 (trial)
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): Four
b. hours (short causes) (specify):
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.
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 theADR information package identied
in rule 3.221to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identied in rule3.221.
b. Referral tojudicial arbitration or civil action mediation (if available).
(1) This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action
mediation under ode 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 specied
inCode of
Civil Procedure section 1141 .1 1.
(3) This case of the California Rules of Courtor from civil action
is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
California Rule of Court 3.81 1(b)(7)—(8)
CM-HOIRGV-Ju'vt 2°11] CASE MANAGEMENT STATEMENT Pawn”
CM-110
_ PLAINTIFF/PETITIONERZ BootUp Ventures, LLC, et al.
CASE NUMBER:
18CIV06232
DEFENDANT/RESPONDENT: Tarun Gaur, 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 speciedinformation):
The party or parties completing have agreed to
If the party or parties completing this form in the case
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):
DUDE
Mediation session not yet scheduled
(1) Mediation
E Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
DUDE
Settlement conference not yet scheduled
(2) Settlement
conference
E Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
DUDE
Neutral evaluation not yet scheduled
(3) Neutral evaluation
E Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
DUDE
Judicial arbitration not yet scheduled
(4) Nonbinding judicial
arbitration
E Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
DUDE
Private arbitration not yet scheduled
(5) Binding private
arbitration
E Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
DUDE
ADR session not yet scheduled
(6) Other (specify):
E ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-1 1o
[Rev July
1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CASE NUMBER:
PLAINTIFF/PETITIONER: Bootup Ventures, LLC’ et 3L
18CIV06232
DEFENDANT/RESPONDENT: Tarun Gaur, et al.
11. Insurance
a. :I Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. :I Coverage issues will
signicantly affectresolution 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:
:I Additional cases are described in Attachment 13a.
b. :I A motion to COHSOlidate 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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motion for Sanctions Pursuant to Code of Civil Procedure Section 128.7 as to the Second Amended
Cross-Complainant; Motion for Issue, Evidence and Terminating Sanctions
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Pa_rty Description
Plaintiffs Requests for Production November 2021
Plaintiffs Interrogatories November 2021
Plaintiffs Requests for Admissions November 2021
Plaintiffs Percipient witness depositions November 2021
Plaintiffs Expert witness depositions Per code
c, The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Spoliation of evidence by Defendants.
CM-1 1o [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page4of5
CM-110
CASE NUMBER·
PLAINTIFF/PETITIONER: BootUp Ventures, LLC, et al.
18CIV06232
DEFENDANT/RESPONDENT: Tarun Gaur, et al.
17. Economic liti gation
a. D 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. D This is a limited c1v1I 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
D 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 [Z] 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 (tf not, explain).
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): 1
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: May 27, 2021
David P. Nemecek, Jr.
(TYPE OR PRINT NAME)
(SIGNATURE OF PA~..: :..:rORNEY)
(TYPE OR PRINT NAME) ► (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM-110 (Rev July 1. 20 11)
CASE MANAGEMENT STATEMENT Page 5 o l 5
Attachment 4b to Case Management Statement by Plaintiffs and Cross-Defendants BootUp
Ventures, LLC and Boostcare dba BootUp World and Cross-Defendants Marco ten
Vaanholt and Mukul Agarwal
Cross-Complainants Tarun Gaur, Jinigram, LLC and Dial2buy.com, LLC filed a nuisance
cross-complaint in this matter on March 7, 2019 by which they claim damages in excess of
$1,000,000. That cross-complaint has been amended twice and the claims alleged therein are
completely without merit. To date, Cross-Complainants have failed to produce any documents
in response to discovery served by Cross-Defendant BootUp Ventures, LLC to show that they
suffered any damages as a result of any acts committed by the Cross-Defendants and they have
provided evasive responses to interrogatories that request that they quantify the damages they
claim to have suffered.
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORN EY (Name, State Bar number, and address): FOR COURT USE ONLY David P. Nemecek, Jr. (State Bar No. 194402) The Fortress Law Firm, Inc. 50 California Street, Suite 1500, San Francisco, CA 941 11 EIECtmnica"? TELEPHONE No.:(41 5)277-5400 FAXNo.(Optional): (41 5) 723-7370 by Euperiuruurt F"- of CalifomiaruuntyofSan Mateo . ADDRESS (Optional): E—MAIL daVId@fortress-Iaw.com N 5/27/2021 ATTORNEY F0R(Name): BootUp Ventures, Boostcare, M. ten Vaanholt & M. Agan/val? SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F San Mateo Hr 1:! Eln! STREETADDREss: 400 County Center Drive CI Deputy Tfa‘glga MAILING ADDRESS: C'TY AND Z'P CODE Redwood City 94063 BRANCH NAME:Hall of Justice & Records PLAINTIFF/PETITIONER: BootUp Ventures, LLC, et al. DEFENDANT/RESPONDENT: Tarun Gaur, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE LIMITED CASE 18CIV06232 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 4, 2021 Time: 2:00 p.m. Dept.: 23 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. This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): BU Ventures, Boostcare, M. ten Vaanholt & M. Agarwal 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): November 19, 201 8 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 0f case In complaint cross-complaint (Describe, including causes of action): Complaint for breach of contract, breach of fiduciary duty, account stated, open book account, unjust enrichment and specific performance. Page1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720—3.730 CM-1 10 [Rev. July 1, 201 1] www.courts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: BOOtUp Ventures, LLC, et al. 1SCIV06232 DEFENDANT/RESPONDENT: Tarun Gaur, et al. 4. b. Provide a brief statement of the case, including any damages. (lfpersonal 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.) Complaint for breach of a Memorandum of Understanding between BootUp Ventures, LLC and Tarun Gaur concerning the transfer of an equity ownership interest in two businesses (Jinigram, LLC and Dial2buy.com, LLC) that are owned and controlled by Gaur to BootUp Ventures. (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request a jury trial a nonjury trial. (Ifmore than one party, provide the name of each party requesting a jury trial): Trial date a. :I The trial has been setfor (date): 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): September 13-17, 2021 (business travel), September 20-October 4, 2021 (business travel/vacation), November 8-12, 2021 (trial) Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): Four b. hours (short causes) (specify): 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. 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 theADR information package identied in rule 3.221to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not reviewed the ADR information package identied in rule3.221. b. Referral tojudicial arbitration or civil action mediation (if available). (1) This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under ode 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 specied inCode of Civil Procedure section 1141 .1 1. (3) This case of the California Rules of Courtor from civil action is exempt from judicial arbitration under rule 3.811 mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): California Rule of Court 3.81 1(b)(7)—(8) CM-HOIRGV-Ju'vt 2°11] CASE MANAGEMENT STATEMENT Pawn” CM-110 _ PLAINTIFF/PETITIONERZ BootUp Ventures, LLC, et al. CASE NUMBER: 18CIV06232 DEFENDANT/RESPONDENT: Tarun Gaur, 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 speciedinformation): The party or parties completing have agreed to If the party or parties completing this form in the case 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): DUDE Mediation session not yet scheduled (1) Mediation E Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): DUDE Settlement conference not yet scheduled (2) Settlement conference E Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): DUDE Neutral evaluation not yet scheduled (3) Neutral evaluation E Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): DUDE Judicial arbitration not yet scheduled (4) Nonbinding judicial arbitration E Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): DUDE Private arbitration not yet scheduled (5) Binding private arbitration E Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): DUDE ADR session not yet scheduled (6) Other (specify): E ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CASE NUMBER: PLAINTIFF/PETITIONER: Bootup Ventures, LLC’ et 3L 18CIV06232 DEFENDANT/RESPONDENT: Tarun Gaur, et al. 11. Insurance a. :I Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. :I Coverage issues will signicantly affectresolution 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: :I Additional cases are described in Attachment 13a. b. :I A motion to COHSOlidate 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for Sanctions Pursuant to Code of Civil Procedure Section 128.7 as to the Second Amended Cross-Complainant; Motion for Issue, Evidence and Terminating Sanctions 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pa_rty Description Plaintiffs Requests for Production November 2021 Plaintiffs Interrogatories November 2021 Plaintiffs Requests for Admissions November 2021 Plaintiffs Percipient witness depositions November 2021 Plaintiffs Expert witness depositions Per code c, The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Spoliation of evidence by Defendants. CM-1 1o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page4of5 CM-110 CASE NUMBER· PLAINTIFF/PETITIONER: BootUp Ventures, LLC, et al. 18CIV06232 DEFENDANT/RESPONDENT: Tarun Gaur, et al. 17. Economic liti gation a. D 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. D This is a limited c1v1I 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 D 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 [Z] 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 (tf not, explain). 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): 1 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: May 27, 2021 David P. Nemecek, Jr. (TYPE OR PRINT NAME) (SIGNATURE OF PA~..: :..:rORNEY) (TYPE OR PRINT NAME) ► (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 (Rev July 1. 20 11) CASE MANAGEMENT STATEMENT Page 5 o l 5 Attachment 4b to Case Management Statement by Plaintiffs and Cross-Defendants BootUp Ventures, LLC and Boostcare dba BootUp World and Cross-Defendants Marco ten Vaanholt and Mukul Agarwal Cross-Complainants Tarun Gaur, Jinigram, LLC and Dial2buy.com, LLC filed a nuisance cross-complaint in this matter on March 7, 2019 by which they claim damages in excess of $1,000,000. That cross-complaint has been amended twice and the claims alleged therein are completely without merit. To date, Cross-Complainants have failed to produce any documents in response to discovery served by Cross-Defendant BootUp Ventures, LLC to show that they suffered any damages as a result of any acts committed by the Cross-Defendants and they have provided evasive responses to interrogatories that request that they quantify the damages they claim to have suffered.