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To: +15102671546 Page: 03 of 10 2021-09-13 16:04:25 GMT 16193930154 From: Samantha Dice
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address} F | LE D BY F. AXw
__em-t10
Noam Glick (251582)
GLICK LAW GROUP, P.C. ALAMEDA COUNTY
225 Broadway, 19th Floor September 13, 2021
San Diego, CA 92101.
CLERK OF
TELEPHONE NO. 619-382-3400 FAXNO. (Optional: 619-393-0154 THE SUPERIOR COURT
E-MAIL ADDRESS (Optional: noam@glicklawgroup.cam By Xian-xii Bowie, Deputy
ATTORNEY FOR (Name): Environmental Health Advocates, Inc. CASE NUMBER:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA RG21088648
street abpress: 24405 Amador Street
MAILING ADDRESS: 24405 Amador Street
CITY AND zip CODE: Hayward 94544
BRANCH NAME: Hayward Hall of Justice
PLAINTIFF/PETITIONER: Environmental Health Advocates, Inc.
DEFENDANT/RESPONDENT: Corporacion Diant, S.A. de C.V., et. al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [#_] UNLIMITED CASE (J LIMITED CASE RG21088648
{Amount demanded {Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 09/28/2021 Time: 2:30 p.m. Dept.: 521 Div.: Room:
Address of court (if different from the address above):
[47] Notice of Intent to Appear by Telephone, by (name): Noam Glick , Esq.
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): Plaintiff, Environmental Health Advocates, Inc.
b. [_] This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): February 11, 2021
b. [__] The cross-complaint, if any, was filed on (date):
3. Service (fo 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) [387] have not been served (specify names and explain why not):
Corporacion Diant, S.A. de C.V., and MexiLink Incorporated, pending to locate registered agent.
(2) [~~] have been served but have nat appeared and have nat been dismissed (specify names):
(3) [5] have had a default entered against them (specify names):
Mi Rancho Supermarket (San Jose), Inc. (Default Entered on July 2, 2021)
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. Typeofcasein [[¥] complaint [<7] cross-complaint (Describe, including causes of action):
Complaint for civil penalties and injunctive relief for Defendant's violation of California Health and Safety Code
section 25249.6 et seq.
Page 1 of 5
Form Adpted for Mandatory Use
Judicial Councit of California
CASE MANAGEMENT STATEMENT ahee
3 720-3.790
CM-116 [Rev. duly 1, 2011] WWW 20UTTS. ca. gO
To: +15102671546 Page: 04 of 10 2021-09-13 16:04:25 GMT 16193930154 From: Samantha Dice
CM-110
PLAINTIFF/PETITIONER: Environmental Health Advocates, Inc. CASE NUMBER:
DEFENDANT/RESPONDENT: Corporacion Diant, $.A. de C.V., et. al. RG21088648
4.b. Provide a brief statement of the case, including any damages. (/f 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
eamings to date, and estimated future lost earnings. if equitable relief is sought, describe the nature of the relief.)
Plaintiff brought this lawsuit under Health & Safety Code 25249.6 et seq. ("Prop 65") for Defendants’ failure to inform the
People of exposure to Acrylamide by manufacturing, importing, selling, and/or distributing Zambos Chile Limon Flavored
Plantain Chips ("Products").
[_] (/f more space is needed, check this box and attach a page designated as Attachment 4b.)
& Jury or nonjury trial
a. The party or parties request ["_| a jury trial [7] a nonjury trial. (f 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. [x] 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):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [4] days (specify number): 3
b, [7] hours (short causes) (specify):
8. Trial representation (fo be answered for each party)
The party or parties will be represented attrial (| 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 cammunities; 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 [4] has [_] hasnot provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR optians with the client.
(2) For self-represented parties: Party [|] has [7] hasnot reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [77] 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) [77] 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):
CM-110 (Rev. July 1, 2071]
CASE MANAGEMENT STATEMENT Page 2085
To: +15102671546 Page: 05 of 10 2021-09-13 16:04:25 GMT 16193930154 From: Samantha Dice
CM-110
PLAINTIFF/PETITIONER: Environmental Health Advocates. Inc. CASE NUMBER:
DEFENDANT/RESPONDENT: Corporacion Diant, S.A. de C.V., et. al. RG21088648
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 ail 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 aff that apply): |stipulation):
((*"] Mediation session not yet scheduled
[<7] Mediation session scheduled for (date):
(1) Mediation Cx)
[__] Agreed to complete mediation by (date):
[<~] Mediation completed on (date):
(-"] Settlement conference not yet scheduled
(2) Settlement [-~] Settlement conference scheduled for (date):
canference [~] Agreed to camplete settlement conference by (date):
[_] Settlement conference completed on (date):
[=] Neutral evaluation scheduled for (date):
(3) Neutral evaluation |
[__] Agreed to complete neutral evaluation by (date):
[<7] Neutral evaluation completed on (date):
[“] Judicial arbitration not yet scheduled
(4) Nonbinding judicial — [<=] Judicial arbitration scheduled for (date):
arbitration [-—] Agreed to camplete judicial arbitration by (date):
[7] Judicial arbitration completed on (date):
[___] Private arbitration not yet scheduled
(5) Binding private LE] (_] Private arbitration scheduled for (date):
arbitration [<7] Agreed to complete private arbitration by (date):
[_] Private arbitration completed on (date):
(3_] ADR session not yet scheduled
[__] ADR session scheduled for (date):
(6) Other (specify): Ce]
[“7] Agreed to camplete ADR session by (date):
[__] ADR completed on (date):
CM-110 [Rev. duly 4, 2011]
CASE MANAGEMENT STATEMENT Pages ors
To: +15102671546 Page: 06 of 10 2021-09-13 16:04:25 GMT 16193930154 From: Samantha Dice
CM-110
PLAINTIFF/PETITIONER: Environmental Health Advocates. inc. CASE NUMBER:
DEFENDANT/RESPONDENT: Corporacion Diant, S.A. de C.V., et. al. RG2 1088648
11. Insurance
a. [|] Insurance carrier, if any, for party filing this statement (name):
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:
(2) Name of court:
(3) Case number:
(4) Status:
[X"] Additional cases are described in Attachment 13a.
b. [__] Amoation to L__] consolidate L__] 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):
16. Discovery
a | The party or parties have cornpleted all discovery.
b. [[-] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description
Plaintiff Written Discovery
Plaintiff Oral Discovery
Plaintiff Expert Discovery
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page 4 of 5
MNO Rev. daly 4 2017) CASE MANAGEMENT STATEMENT
To: +15102671546 Page: 07 of 10 2021-09-13 16:04:25 GMT 16193930154 From: Samantha Dice
CM-110
PLAINTIFF/PETITIONER: Environmental Health Advocates. inc. CASE NUMBER:
DEFENDANT/RESPONDENT: Corporacion Diant, S.A. de C.V., et. al. RG21088648
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):
The Parties have nat met and conferred because service is pending and defendant Mi Rancho Supermarket (San Jose}, Inc.
has been defaulted.
20. Total number of pages attached (if any): 0
lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolutian,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues al the time of
the case management conference, including the written authority of the party where required.
Date: September 13, 2021
Noam Glick, Esq. >
(PYPE 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] CASE MANAGEMENT STATEMENT Page
5 of 5
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Preview
To: +15102671546 Page: 03 of 10 2021-09-13 16:04:25 GMT 16193930154 From: Samantha Dice ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address} F | LE D BY F. AXw __em-t10 Noam Glick (251582) GLICK LAW GROUP, P.C. ALAMEDA COUNTY 225 Broadway, 19th Floor September 13, 2021 San Diego, CA 92101. CLERK OF TELEPHONE NO. 619-382-3400 FAXNO. (Optional: 619-393-0154 THE SUPERIOR COURT E-MAIL ADDRESS (Optional: noam@glicklawgroup.cam By Xian-xii Bowie, Deputy ATTORNEY FOR (Name): Environmental Health Advocates, Inc. CASE NUMBER: SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA RG21088648 street abpress: 24405 Amador Street MAILING ADDRESS: 24405 Amador Street CITY AND zip CODE: Hayward 94544 BRANCH NAME: Hayward Hall of Justice PLAINTIFF/PETITIONER: Environmental Health Advocates, Inc. DEFENDANT/RESPONDENT: Corporacion Diant, S.A. de C.V., et. al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [#_] UNLIMITED CASE (J LIMITED CASE RG21088648 {Amount demanded {Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 09/28/2021 Time: 2:30 p.m. Dept.: 521 Div.: Room: Address of court (if different from the address above): [47] Notice of Intent to Appear by Telephone, by (name): Noam Glick , Esq. 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): Plaintiff, Environmental Health Advocates, Inc. b. [_] This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): February 11, 2021 b. [__] The cross-complaint, if any, was filed on (date): 3. Service (fo 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) [387] have not been served (specify names and explain why not): Corporacion Diant, S.A. de C.V., and MexiLink Incorporated, pending to locate registered agent. (2) [~~] have been served but have nat appeared and have nat been dismissed (specify names): (3) [5] have had a default entered against them (specify names): Mi Rancho Supermarket (San Jose), Inc. (Default Entered on July 2, 2021) 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. Typeofcasein [[¥] complaint [<7] cross-complaint (Describe, including causes of action): Complaint for civil penalties and injunctive relief for Defendant's violation of California Health and Safety Code section 25249.6 et seq. Page 1 of 5 Form Adpted for Mandatory Use Judicial Councit of California CASE MANAGEMENT STATEMENT ahee 3 720-3.790 CM-116 [Rev. duly 1, 2011] WWW 20UTTS. ca. gO To: +15102671546 Page: 04 of 10 2021-09-13 16:04:25 GMT 16193930154 From: Samantha Dice CM-110 PLAINTIFF/PETITIONER: Environmental Health Advocates, Inc. CASE NUMBER: DEFENDANT/RESPONDENT: Corporacion Diant, $.A. de C.V., et. al. RG21088648 4.b. Provide a brief statement of the case, including any damages. (/f 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 eamings to date, and estimated future lost earnings. if equitable relief is sought, describe the nature of the relief.) Plaintiff brought this lawsuit under Health & Safety Code 25249.6 et seq. ("Prop 65") for Defendants’ failure to inform the People of exposure to Acrylamide by manufacturing, importing, selling, and/or distributing Zambos Chile Limon Flavored Plantain Chips ("Products"). [_] (/f more space is needed, check this box and attach a page designated as Attachment 4b.) & Jury or nonjury trial a. The party or parties request ["_| a jury trial [7] a nonjury trial. (f 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. [x] 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [4] days (specify number): 3 b, [7] hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented attrial (| 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 cammunities; 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 [4] has [_] hasnot provided the ADR information package identified in rule 3.221 to the client and reviewed ADR optians with the client. (2) For self-represented parties: Party [|] has [7] hasnot reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [77] 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) [77] 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): CM-110 (Rev. July 1, 2071] CASE MANAGEMENT STATEMENT Page 2085 To: +15102671546 Page: 05 of 10 2021-09-13 16:04:25 GMT 16193930154 From: Samantha Dice CM-110 PLAINTIFF/PETITIONER: Environmental Health Advocates. Inc. CASE NUMBER: DEFENDANT/RESPONDENT: Corporacion Diant, S.A. de C.V., et. al. RG21088648 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 ail 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 aff that apply): |stipulation): ((*"] Mediation session not yet scheduled [<7] Mediation session scheduled for (date): (1) Mediation Cx) [__] Agreed to complete mediation by (date): [<~] Mediation completed on (date): (-"] Settlement conference not yet scheduled (2) Settlement [-~] Settlement conference scheduled for (date): canference [~] Agreed to camplete settlement conference by (date): [_] Settlement conference completed on (date): [=] Neutral evaluation scheduled for (date): (3) Neutral evaluation | [__] Agreed to complete neutral evaluation by (date): [<7] Neutral evaluation completed on (date): [“] Judicial arbitration not yet scheduled (4) Nonbinding judicial — [<=] Judicial arbitration scheduled for (date): arbitration [-—] Agreed to camplete judicial arbitration by (date): [7] Judicial arbitration completed on (date): [___] Private arbitration not yet scheduled (5) Binding private LE] (_] Private arbitration scheduled for (date): arbitration [<7] Agreed to complete private arbitration by (date): [_] Private arbitration completed on (date): (3_] ADR session not yet scheduled [__] ADR session scheduled for (date): (6) Other (specify): Ce] [“7] Agreed to camplete ADR session by (date): [__] ADR completed on (date): CM-110 [Rev. duly 4, 2011] CASE MANAGEMENT STATEMENT Pages ors To: +15102671546 Page: 06 of 10 2021-09-13 16:04:25 GMT 16193930154 From: Samantha Dice CM-110 PLAINTIFF/PETITIONER: Environmental Health Advocates. inc. CASE NUMBER: DEFENDANT/RESPONDENT: Corporacion Diant, S.A. de C.V., et. al. RG2 1088648 11. Insurance a. [|] Insurance carrier, if any, for party filing this statement (name): 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: (2) Name of court: (3) Case number: (4) Status: [X"] Additional cases are described in Attachment 13a. b. [__] Amoation to L__] consolidate L__] 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): 16. Discovery a | The party or parties have cornpleted all discovery. b. [[-] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Plaintiff Written Discovery Plaintiff Oral Discovery Plaintiff Expert Discovery c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Page 4 of 5 MNO Rev. daly 4 2017) CASE MANAGEMENT STATEMENT To: +15102671546 Page: 07 of 10 2021-09-13 16:04:25 GMT 16193930154 From: Samantha Dice CM-110 PLAINTIFF/PETITIONER: Environmental Health Advocates. inc. CASE NUMBER: DEFENDANT/RESPONDENT: Corporacion Diant, S.A. de C.V., et. al. RG21088648 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): The Parties have nat met and conferred because service is pending and defendant Mi Rancho Supermarket (San Jose}, Inc. has been defaulted. 20. Total number of pages attached (if any): 0 lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolutian, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues al the time of the case management conference, including the written authority of the party where required. Date: September 13, 2021 Noam Glick, Esq. > (PYPE 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] CASE MANAGEMENT STATEMENT Page 5 of 5 yf n | [Save this form’