Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Sara A. Clark (SBN 273600); Aaron M. Stanton (SBN 312530)
SHUTE, MIHALY & WEINBERGER LLP
396 Hayes Street
San Francisco, California 94102
TELEPHONE NO.:(415) 552-7272 (415) 552-5816
FAX NO. (Optional):
clark@smwlaw.com
E-MAIL ADDRESS (Optional):
PENINSULA OPEN SPACE TRUST
ATTORNEY FOR (Name):
2/3/2021
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS:400 County Center
400 County Center
MAILING ADDRESS:
Redwood City 94063
CITY AND ZIP CODE:
BRANCH NAME:Southern Court: Hall of Justice & Records
PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST
DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): ✖ UNLIMITED CASE LIMITED CASE 20-CIV-02349
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 18, 2021 Time: 9:00 a.m. Dept.: 34 Div.: Room: P
Address of court (if different from the address above):
Northern Court, 1050 Mission Road, South San Francisco, California 94080
✖ Notice of Intent to Appear by Telephone, by (name): Sara A. Clark
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): PENINSULA OPEN SPACE TRUST
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 3, 3020
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):
Louis Arata
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):
Plaintiff alleges that Defendants have violated and/or are threatening to violate a recorded conservation easement, held by
Plaintiff, which protects the conservation values of the 1,312-acre Arata Ranch. The complaint alleges violations of Civil Code
section 815 et seq.
Page 1 of 5
Cal. Rules of Court,
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER:
DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349
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.)
Plaintiff seeks to prevent a foreclosure sale of a portion of the Arata Ranch, as well as other injunctive and declaratory relief.
The scheduled foreclosure sale, which would affected only a portion of the Arata Ranch, would violate the express terms of the
conservation easement. On November 5, 2020, the Court granted Plaintiff's motion for preliminary injunction to prevent the
sale.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. 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):
6. Trial date
a. The trial has been set for(date):
b. ✖ (if
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
not, explain):
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. ✖ days (specify number): 1
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):
CDC Rule 3.811(b)(1) (equitable relief)
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER:
DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349
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
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER:
DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349
11. Insurance
a. ✖ Insurance carrier, if any, for party filing this statement (name): Terrafirma RRG LLC
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: Peninsula Open Space Trust v. Redwood Trust Deed Services
(2) Name of court: San Mateo County Superior Court
(3) Case number: 20-CIV-02304
(4) Status: Dismissed without Prejudice, 11/23/2020
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
✖ (specify moving party, type of motion, and issues):
The party or parties expect to file the following motions before trial
Plaintiff anticipates filing a motion for summary judgment to resolve all issues raised in the complaint.
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):
Party Description Date
Plaintiff Written Discovery (RFAs, Rogs, RFPs) on Defendant 4/30/2021
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER:
DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349
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):
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: February 3, 2021
SARA A. CLARK
(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] Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2 PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al.
San Mateo County Superior Court
3 Case No. 20-CIV-02349
4 At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of San Francisco, State of California. My business address is 396 Hayes
5 Street, San Francisco, California 94102.
6 On February 3, 2021, I served true copies of the following document(s) described as:
7 CASE MANAGEMENT STATEMENT
8 on the parties in this action as follows:
9 SEE ATTACHED SERVICE LIST
10 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
persons at the addresses listed in the Service List and placed the envelope for collection and
11 mailing, following our ordinary business practices. I am readily familiar with Shute, Mihaly &
Weinberger LLP's practice for collecting and processing correspondence for mailing. On the
12 same day that the correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service, in a sealed envelope with
13 postage fully prepaid.
14 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
document(s) to be sent from e-mail address Larkin@smwlaw.com to the persons at the e-mail
15 addresses listed in the Service List. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was unsuccessful.
16
I declare under penalty of perjury under the laws of the State of California that the
17 foregoing is true and correct.
18 Executed on February 3, 2021, at San Francisco, California.
19
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Patricia Larkin
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CASE MANAGEMENT STATEMENT
CASE NO. 20-CIV-02349
1 SERVICE LIST
2 PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al.
San Mateo County Superior Court
3 Case No. 20-CIV-02349
4 Benjamin R. Levinson Andrew Wiegel
Law Office of Benjamin R. Levinson Ryan Patrick
5 46 N. 2nd Street Andrew Wiegel Law Group
Campbell, CA 95008 414 Gough Street
6 (408) 366-2999 San Francisco, CA 94102
ben@benlevinsonlaw.com (415) 552-8230
7 andrew@wiegellawgroup.com
Attorneys for Redwood Trust Deed Services, ryan@wiegellawgroup.com
8 Inc.
Attorneys for Ernest J. McNabb
9
Gary Dambacher Louis J. Arata
10 Carrie M. Mckernan 53 E. Cremetti Lane
Dambacher, Trujillo & Associates Yerington, NV 89447
11 32 N. Washington Street (209) 617-0446
Sonora, CA 95370 louiejarata@gmail.com
12 (209) 533-1883
gary@dtalawyers.com Pro Per
13 carrie@dtalawyers.com
14 Attorneys for Laura Arata and Marie Joanne
Arata
15
16 1334120.1
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CASE MANAGEMENT STATEMENT
CASE NO. 20-CIV-02349
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Sara A. Clark (SBN 273600); Aaron M. Stanton (SBN 312530) SHUTE, MIHALY & WEINBERGER LLP 396 Hayes Street San Francisco, California 94102 TELEPHONE NO.:(415) 552-7272 (415) 552-5816 FAX NO. (Optional): clark@smwlaw.com E-MAIL ADDRESS (Optional): PENINSULA OPEN SPACE TRUST ATTORNEY FOR (Name): 2/3/2021 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS:400 County Center 400 County Center MAILING ADDRESS: Redwood City 94063 CITY AND ZIP CODE: BRANCH NAME:Southern Court: Hall of Justice & Records PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ✖ UNLIMITED CASE LIMITED CASE 20-CIV-02349 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 18, 2021 Time: 9:00 a.m. Dept.: 34 Div.: Room: P Address of court (if different from the address above): Northern Court, 1050 Mission Road, South San Francisco, California 94080 ✖ Notice of Intent to Appear by Telephone, by (name): Sara A. Clark 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): PENINSULA OPEN SPACE TRUST 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 3, 3020 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): Louis Arata 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): Plaintiff alleges that Defendants have violated and/or are threatening to violate a recorded conservation easement, held by Plaintiff, which protects the conservation values of the 1,312-acre Arata Ranch. The complaint alleges violations of Civil Code section 815 et seq. Page 1 of 5 Cal. Rules of Court, Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER: DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349 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.) Plaintiff seeks to prevent a foreclosure sale of a portion of the Arata Ranch, as well as other injunctive and declaratory relief. The scheduled foreclosure sale, which would affected only a portion of the Arata Ranch, would violate the express terms of the conservation easement. On November 5, 2020, the Court granted Plaintiff's motion for preliminary injunction to prevent the sale. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. 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): 6. Trial date a. The trial has been set for(date): b. ✖ (if 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 not, explain): 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. ✖ days (specify number): 1 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): CDC Rule 3.811(b)(1) (equitable relief) CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER: DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349 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 ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER: DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349 11. Insurance a. ✖ Insurance carrier, if any, for party filing this statement (name): Terrafirma RRG LLC 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: Peninsula Open Space Trust v. Redwood Trust Deed Services (2) Name of court: San Mateo County Superior Court (3) Case number: 20-CIV-02304 (4) Status: Dismissed without Prejudice, 11/23/2020 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 ✖ (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial Plaintiff anticipates filing a motion for summary judgment to resolve all issues raised in the complaint. 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): Party Description Date Plaintiff Written Discovery (RFAs, Rogs, RFPs) on Defendant 4/30/2021 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: PENINSULA OPEN SPACE TRUST CASE NUMBER: DEFENDANT/RESPONDENT: ERNEST J. MCNABB et al. 20-CIV-02349 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): 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: February 3, 2021 SARA A. CLARK (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] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al. San Mateo County Superior Court 3 Case No. 20-CIV-02349 4 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is 396 Hayes 5 Street, San Francisco, California 94102. 6 On February 3, 2021, I served true copies of the following document(s) described as: 7 CASE MANAGEMENT STATEMENT 8 on the parties in this action as follows: 9 SEE ATTACHED SERVICE LIST 10 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and 11 mailing, following our ordinary business practices. I am readily familiar with Shute, Mihaly & Weinberger LLP's practice for collecting and processing correspondence for mailing. On the 12 same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with 13 postage fully prepaid. 14 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address Larkin@smwlaw.com to the persons at the e-mail 15 addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 16 I declare under penalty of perjury under the laws of the State of California that the 17 foregoing is true and correct. 18 Executed on February 3, 2021, at San Francisco, California. 19 20 Patricia Larkin 21 22 23 24 25 26 27 28 CASE MANAGEMENT STATEMENT CASE NO. 20-CIV-02349 1 SERVICE LIST 2 PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al. San Mateo County Superior Court 3 Case No. 20-CIV-02349 4 Benjamin R. Levinson Andrew Wiegel Law Office of Benjamin R. Levinson Ryan Patrick 5 46 N. 2nd Street Andrew Wiegel Law Group Campbell, CA 95008 414 Gough Street 6 (408) 366-2999 San Francisco, CA 94102 ben@benlevinsonlaw.com (415) 552-8230 7 andrew@wiegellawgroup.com Attorneys for Redwood Trust Deed Services, ryan@wiegellawgroup.com 8 Inc. Attorneys for Ernest J. McNabb 9 Gary Dambacher Louis J. Arata 10 Carrie M. Mckernan 53 E. Cremetti Lane Dambacher, Trujillo & Associates Yerington, NV 89447 11 32 N. Washington Street (209) 617-0446 Sonora, CA 95370 louiejarata@gmail.com 12 (209) 533-1883 gary@dtalawyers.com Pro Per 13 carrie@dtalawyers.com 14 Attorneys for Laura Arata and Marie Joanne Arata 15 16 1334120.1 17 18 19 20 21 22 23 24 25 26 27 28 CASE MANAGEMENT STATEMENT CASE NO. 20-CIV-02349