Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, State Bar number, and address):
FOR COURT USE ONLY
Christopher C. Cooke (SBN 142342)
Murphy Cooke Kobrick LLP _
177 Bovet Road, #600 E'E‘trfln'fll'fl
San Mateo CA 94402
Cmrt
Su permr
b}- cuf-Eahfc-rnmrflnu nry n! San Maren-
TELEPHONENo.: 550-538-2370 FAX No.
(Optional): GIN 3/1 2/2020
ADDRESS
E-MAIL (Optional):
ccooke@mck||p_com BF. Es! Iva “I Peta “i
ATTORNEY FOR(Name):Mei Fang Lisa Zhang Deputy Clerk
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
STREET ADDRESS: 400 County Center
MAILING ADDRESS:
CITYAND ZIP CODE: Redwood
City94063
BRANCH NAME: Branch
Hall of Justice/Southern
PLAINTIFF/PETITIONER: Mei-Fang Lisa Zhang
DEFENDANT/RESPONDENT: Bernard Leung, et
al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): E UNLIMITED CASE
(Amount demanded
D LIMITED CASE
(Amount demanded is$25,000
19-CIV-04461
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: 03/26/2020 Time: 9:00 a.m. Dept.: 11 Div.: Room: 2L)
Address of court different
(if from the address above):
E Notice of Intent to Appear by Telephone,
INSTRUCTIONS: Allapplicable boxes
by (name):
must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a.
b.
E
E
This statement
This statement
is
is
submitted by party (name):
submitted jointly by parties
Mei-Fang Lisa Zhang
(names):
2. Complaint and cross-complaint (tobe answered by plaintiffs and cross-complainants only)
a. The complaint was filedon (date): 08/01/2019
3.
b. E
Service
The cross-complaint, ifany,was filedon (date):
(to be answered by plaintiffs and cross-complainants only)
a.
b.
m
E
A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following partiesnamed inthe complaint or cross-complaint
(1) E have not been served (specify names and explain why not):
(2) m have been served but have not appeared and have not been dismissed
Bernard Chi Fai Leung
(specify names):
(3) E have had a default entered against them (specify names):
c.
m The
they may be served):
may be added
following additional parties (specifynames, nature of involvement in case, and date by Which
Defendant Bernard C.F. Leung died intestate October 18, 2019; has
plaintiff fileda petition with the probate court to have
herself appointed as personal representative of his estate so that she can tender her claim to the estate; defendant
Joseph Tse objected on Tse's objection
to this petition; the hearing willbe heard on 4/13 in Dept. 28
Description of case
4.
a. Type of case in m complaint E cross-complaint (Describe, including causes ofaction):
asserts claims for intentional interference with prospective economic advantage; breach of fiduciary duty, defamation of
Plaintiff
credit,negligence and violations of Business & Professions Code Section 17200 against defendants.
Page1of 5
Form AdoptedMandatory Use
for
Judicial Council of California
CASE MANAGEMENT STATEMENT Cralllieliuéégzcggfijg
CM-1 10 201
[Rev. July
1, 1]
www.courts.ca.gov
CM-110
19-ClV-0446‘
DEFENDANT/RESPONDENT: Bernard Leung et a|_
4. b. Provide a brief statement of the case, including any damages. (prersonal injwy 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 describe the nature of the
equitable relief is sought, relief.)
the former girlfriend of defendant Leung. The complaint alleges two tortious schemes by Leung.
Plaintiff is The first involves
Leung's improper interference with Plaintiff's efforts to sell her house in January 2019, which arose from his preparation of an
improper grant deed on her house vesting co-title in the house in his brother's name. The second scheme involves Leung and
E attorney Tse's filing of a bankruptcy petition in Plaintiff's name but without her consent.
Plaintiff's damages exceed $100,000
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury
5.
a. The
trial
party or parties request
requesting a jurytrial):
m a jurytrial E a nonjurytrial. more than one
(If party, provide thename of each party
6. Trialdate
a.
b.
E
m
The
No trial
has been setfor
trial
date has been
(date):
set.This case willbe ready for within
trial 12 months of the date ofthe of the complaint
filing (if
not, explain):
c. Dates on which parties or attorneyswillnot be available for (specify dates
trial and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
a.
b.
m
E
days (specify number): 3
hours (short causes) (specify):
8. Trialrepresentation be answered foreach
The
a.
party or parties
Attorney:
(to
willbe represented at trial
party)
m by the attorney or party the caption
listed in E by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mailaddress: g. Partyrepresented:
9.
E Additional representation
Preference
isdescribed inAttachment 8.
E This case
10. Alternative
isentitled topreference (specify code section):
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 thiscase.
(1) For parties represented by counsel: Counsel
3.221
m has
to the client and reviewed ADR options with the
E has not provided the ADR information package identified
(2)
in rule
For self—represented parties: Party E has E has not
client.
reviewed the ADR information package identified 3.221.
in rule
b.
(1)E
Referral to judicial arbitration or civil action mediation
This matter is
mediation under Code of Civil Procedure section
available).
(if
subject to mandatoryjudicial arbitration under
1775.3
Code of Civil Procedure section 1141 .11 or to civil action
because the amount in controversy does not exceed the
(2)E statutory limit.
case to
Plaintiff elects to refer this
CivilProcedure section 1141.11.
and agrees
judicial arbitration amount
to limit recovery to the specified inCode of
(3)m This case is exempt from
mediation under Code
under rule 3.811
judicial arbitration
of Civil Procedure section1775 et seq.
of the California Rules of Court or from
(specify exemption):
action
civil
damages exceed $50,00, see Rule 3.81 1(b)(8).
CM-110[Rev.July1,2011] Page20f5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Mei-Fang Lisa Zhang CASE NUMBER;
DEFENDANT/RESPONDENTI Bernard C. Leung, et
al. 19-c|v-o4461
10. c. Indicate the ADR process or processes that the party or parties are willing to participate
in,have agreed to participatein,or
have already participated in (check all that apply and provide the specified information):
The party or parties completing the party or parties completing this form
If inthe case have agreed to
thisform are willing to participateinor have already completed an ADR process or processes,
ADR
participate in the following copy of the parties’ADR
indicate the status of the processes (attach a
processes (check allthat apply):stipulation):
m
E
Mediation session not yet scheduled
(1)Mediation E E
Mediation session scheduled for
Agreed to
(date):
complete mediation by (date):
E Mediation completed on (date):
m
E
Settlement conference not yet scheduled
(2)Settlement
conference
m E
Settlement conference scheduled for(date):
Agreed to complete settlement conference by(date):
E Settlement conference completed on (date):
E
E
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
3 ) Neutral evaluation
( I 2|
E
E
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
E
E
scheduled
Judicial arbitration not yet
(4) Nonbindingjudicial
arbitration
E E Agreed
scheduled
Judicial arbitration for (date):
to completejudicial arbitrationby (date):
E completed on (date):
Judicial arbitration
E E
E
Private arbitration not yet scheduled
Private arbitration scheduled for(date):
(5)Binding private
arbitration
E
E
Agreed to complete private arbitration
Private arbitration completed on
by
(date):
(date):
E
E
ADR session not yet scheduled
(6)Other (specify): E E
ADR session
Agreed to
scheduled
complete
for (date):
ADR session by (date):
E ADR completed on (date):
CM-110 201
[Rev. July
1, 1] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Mei-Fang Lisa Zhang CASE NUMBER:
DEFENDANT/RESPONDENT: Bernard C_ Leungiet al”
19-CIv-o4461
11. Insurance
a.
b.
E Insurance carrier,
Reservation ofrights: E
any, for party
if
Yes E No
statement
filing this (name):
c. E Coverage issues case
significantly affect resolution of this
will (explain):
12. Jurisdiction
Indicateany matters that may case and describe the
affect the court's jurisdiction or processing of this status.
E Bankruptcy
Status:
E Other (specify):
Related cases, consolidation, and coordination
13.
a.
E There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
E Additional cases are described inAttachment 13a.
b. E A motion to E consolidate E coordinate willbe filedby (name party):
14. Bifurcation
E The file a motion for an order bifurcating, severing, or coordinating the
party or parties intend to
action (specifymoving party, type of motion, and reasons):
following issues orcauses of
15. Other motions
m The party or parties expect to
plaintiff
filethe following motions before trial(specifymoving party, type of motion, and issues):
16. Discovery
a.
b.
E
m
The
The
party or partieshave completed
following discovery
alldiscovery.
be completed by the date specified (describe anticipated discovely):
m
will all
Description m
plaintiff inspection demands June 2020
plaintiff interrogatories June 2020
plaintiff requests for admissions June 2020
plaintiff deposition of Joseph Tse July 2020
c. E
plaintiff
The
third partydepositions of Normita Pascual August 2020
following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 201
[Rev. July Page 4 0f 5
1, 1]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Mei-Fang Lisa Zhang CASE NUMBER:
DEFENDANT/RESPONDENT. Bernard C_ Leung’ et
a|_ 19_CIV_04461
17. Economic litigation
a. E This isa limited case
civil the
(i.e.,
of Civil Procedure sections 90-98
amount demanded
will
is
apply to this case.
$25,000 or less) and the economic procedures
litigation inCode
b.
E Thisis a limited
discovery be
will
case and a motion to withdraw the case from the economic litigation procedures or for additional
civil
filed(ifchecked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
m The party or parties request that the following additional matters be considered or determined
conference (specify):
at thecase management
intends to
plaintiff amend the complaint to name the Estate of Bernard Chi Fai Leung ifthe Probate Court grants her Petition
on
for Letter of Instructions; the hearing 2020
this petition is set for April 13,
19. Meet and confer
a. fl The party or parties
of Court(if
have met and conferred with
not, explain):
allpartieson allsubjects required by rule 3.724 of the California Rules
The partieshave not yet met and conferred but attempt to do so before the conference
plaintiff wi||
b. E After meeting
(specify):
and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
20. Total number ofpages attached (ifany):
|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: 03/1 1/2020 by PDFfiller
Verified ‘
03/ 1 1 /2020 1
Christopher C. Cooke > G-
(TYPE0R PRINT NAME) (SIGNATURE 0F PARTY 0R A'I'rORNEY)
(TYPE0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATrORNEY)
E Additional signatures are attached.
CM” IR” “V 20“]
1'
CASE MANAGEMENT STATEMENT
Page 5 of 5
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Christopher C. Cooke (SBN 142342) Murphy Cooke Kobrick LLP _ 177 Bovet Road, #600 E'E‘trfln'fll'fl San Mateo CA 94402 Cmrt Su permr b}- cuf-Eahfc-rnmrflnu nry n! San Maren- TELEPHONENo.: 550-538-2370 FAX No. (Optional): GIN 3/1 2/2020 ADDRESS E-MAIL (Optional): ccooke@mck||p_com BF. Es! Iva “I Peta “i ATTORNEY FOR(Name):Mei Fang Lisa Zhang Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo STREET ADDRESS: 400 County Center MAILING ADDRESS: CITYAND ZIP CODE: Redwood City94063 BRANCH NAME: Branch Hall of Justice/Southern PLAINTIFF/PETITIONER: Mei-Fang Lisa Zhang DEFENDANT/RESPONDENT: Bernard Leung, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE (Amount demanded D LIMITED CASE (Amount demanded is$25,000 19-CIV-04461 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: 03/26/2020 Time: 9:00 a.m. Dept.: 11 Div.: Room: 2L) Address of court different (if from the address above): E Notice of Intent to Appear by Telephone, INSTRUCTIONS: Allapplicable boxes by (name): must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. b. E E This statement This statement is is submitted by party (name): submitted jointly by parties Mei-Fang Lisa Zhang (names): 2. Complaint and cross-complaint (tobe answered by plaintiffs and cross-complainants only) a. The complaint was filedon (date): 08/01/2019 3. b. E Service The cross-complaint, ifany,was filedon (date): (to be answered by plaintiffs and cross-complainants only) a. b. m E A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. The following partiesnamed inthe complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) m have been served but have not appeared and have not been dismissed Bernard Chi Fai Leung (specify names): (3) E have had a default entered against them (specify names): c. m The they may be served): may be added following additional parties (specifynames, nature of involvement in case, and date by Which Defendant Bernard C.F. Leung died intestate October 18, 2019; has plaintiff fileda petition with the probate court to have herself appointed as personal representative of his estate so that she can tender her claim to the estate; defendant Joseph Tse objected on Tse's objection to this petition; the hearing willbe heard on 4/13 in Dept. 28 Description of case 4. a. Type of case in m complaint E cross-complaint (Describe, including causes ofaction): asserts claims for intentional interference with prospective economic advantage; breach of fiduciary duty, defamation of Plaintiff credit,negligence and violations of Business & Professions Code Section 17200 against defendants. Page1of 5 Form AdoptedMandatory Use for Judicial Council of California CASE MANAGEMENT STATEMENT Cralllieliuéégzcggfijg CM-1 10 201 [Rev. July 1, 1] www.courts.ca.gov CM-110 19-ClV-0446‘ DEFENDANT/RESPONDENT: Bernard Leung et a|_ 4. b. Provide a brief statement of the case, including any damages. (prersonal injwy 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 describe the nature of the equitable relief is sought, relief.) the former girlfriend of defendant Leung. The complaint alleges two tortious schemes by Leung. Plaintiff is The first involves Leung's improper interference with Plaintiff's efforts to sell her house in January 2019, which arose from his preparation of an improper grant deed on her house vesting co-title in the house in his brother's name. The second scheme involves Leung and E attorney Tse's filing of a bankruptcy petition in Plaintiff's name but without her consent. Plaintiff's damages exceed $100,000 (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury 5. a. The trial party or parties request requesting a jurytrial): m a jurytrial E a nonjurytrial. more than one (If party, provide thename of each party 6. Trialdate a. b. E m The No trial has been setfor trial date has been (date): set.This case willbe ready for within trial 12 months of the date ofthe of the complaint filing (if not, explain): c. Dates on which parties or attorneyswillnot be available for (specify dates trial and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the take (check one): trial will a. b. m E days (specify number): 3 hours (short causes) (specify): 8. Trialrepresentation be answered foreach The a. party or parties Attorney: (to willbe represented at trial party) m by the attorney or party the caption listed in E by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Partyrepresented: 9. E Additional representation Preference isdescribed inAttachment 8. E This case 10. Alternative isentitled topreference (specify code section): 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 thiscase. (1) For parties represented by counsel: Counsel 3.221 m has to the client and reviewed ADR options with the E has not provided the ADR information package identified (2) in rule For self—represented parties: Party E has E has not client. reviewed the ADR information package identified 3.221. in rule b. (1)E Referral to judicial arbitration or civil action mediation This matter is mediation under Code of Civil Procedure section available). (if subject to mandatoryjudicial arbitration under 1775.3 Code of Civil Procedure section 1141 .11 or to civil action because the amount in controversy does not exceed the (2)E statutory limit. case to Plaintiff elects to refer this CivilProcedure section 1141.11. and agrees judicial arbitration amount to limit recovery to the specified inCode of (3)m This case is exempt from mediation under Code under rule 3.811 judicial arbitration of Civil Procedure section1775 et seq. of the California Rules of Court or from (specify exemption): action civil damages exceed $50,00, see Rule 3.81 1(b)(8). CM-110[Rev.July1,2011] Page20f5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Mei-Fang Lisa Zhang CASE NUMBER; DEFENDANT/RESPONDENTI Bernard C. Leung, et al. 19-c|v-o4461 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in,have agreed to participatein,or have already participated in (check all that apply and provide the specified information): The party or parties completing the party or parties completing this form If inthe case have agreed to thisform are willing to participateinor have already completed an ADR process or processes, ADR participate in the following copy of the parties’ADR indicate the status of the processes (attach a processes (check allthat apply):stipulation): m E Mediation session not yet scheduled (1)Mediation E E Mediation session scheduled for Agreed to (date): complete mediation by (date): E Mediation completed on (date): m E Settlement conference not yet scheduled (2)Settlement conference m E Settlement conference scheduled for(date): Agreed to complete settlement conference by(date): E Settlement conference completed on (date): E E Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): 3 ) Neutral evaluation ( I 2| E E Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): E E scheduled Judicial arbitration not yet (4) Nonbindingjudicial arbitration E E Agreed scheduled Judicial arbitration for (date): to completejudicial arbitrationby (date): E completed on (date): Judicial arbitration E E E Private arbitration not yet scheduled Private arbitration scheduled for(date): (5)Binding private arbitration E E Agreed to complete private arbitration Private arbitration completed on by (date): (date): E E ADR session not yet scheduled (6)Other (specify): E E ADR session Agreed to scheduled complete for (date): ADR session by (date): E ADR completed on (date): CM-110 201 [Rev. July 1, 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Mei-Fang Lisa Zhang CASE NUMBER: DEFENDANT/RESPONDENT: Bernard C_ Leungiet al” 19-CIv-o4461 11. Insurance a. b. E Insurance carrier, Reservation ofrights: E any, for party if Yes E No statement filing this (name): c. E Coverage issues case significantly affect resolution of this will (explain): 12. Jurisdiction Indicateany matters that may case and describe the affect the court's jurisdiction or processing of this status. E Bankruptcy Status: E Other (specify): Related cases, consolidation, and coordination 13. a. E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: E Additional cases are described inAttachment 13a. b. E A motion to E consolidate E coordinate willbe filedby (name party): 14. Bifurcation E The file a motion for an order bifurcating, severing, or coordinating the party or parties intend to action (specifymoving party, type of motion, and reasons): following issues orcauses of 15. Other motions m The party or parties expect to plaintiff filethe following motions before trial(specifymoving party, type of motion, and issues): 16. Discovery a. b. E m The The party or partieshave completed following discovery alldiscovery. be completed by the date specified (describe anticipated discovely): m will all Description m plaintiff inspection demands June 2020 plaintiff interrogatories June 2020 plaintiff requests for admissions June 2020 plaintiff deposition of Joseph Tse July 2020 c. E plaintiff The third partydepositions of Normita Pascual August 2020 following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 201 [Rev. July Page 4 0f 5 1, 1] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Mei-Fang Lisa Zhang CASE NUMBER: DEFENDANT/RESPONDENT. Bernard C_ Leung’ et a|_ 19_CIV_04461 17. Economic litigation a. E This isa limited case civil the (i.e., of Civil Procedure sections 90-98 amount demanded will is apply to this case. $25,000 or less) and the economic procedures litigation inCode b. E Thisis a limited discovery be will case and a motion to withdraw the case from the economic litigation procedures or for additional civil filed(ifchecked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues m The party or parties request that the following additional matters be considered or determined conference (specify): at thecase management intends to plaintiff amend the complaint to name the Estate of Bernard Chi Fai Leung ifthe Probate Court grants her Petition on for Letter of Instructions; the hearing 2020 this petition is set for April 13, 19. Meet and confer a. fl The party or parties of Court(if have met and conferred with not, explain): allpartieson allsubjects required by rule 3.724 of the California Rules The partieshave not yet met and conferred but attempt to do so before the conference plaintiff wi|| b. E After meeting (specify): and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following 20. Total number ofpages attached (ifany): |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: 03/1 1/2020 by PDFfiller Verified ‘ 03/ 1 1 /2020 1 Christopher C. Cooke > G- (TYPE0R PRINT NAME) (SIGNATURE 0F PARTY 0R A'I'rORNEY) (TYPE0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATrORNEY) E Additional signatures are attached. CM” IR” “V 20“] 1' CASE MANAGEMENT STATEMENT Page 5 of 5 For your protection and privacy, please press the Clear This Form button after you have printed the form.