Preview
10/28/2015 10:11 TO:15102675732 FROM: 4085204950 Page: 1
FILED BY E-DELIVERY
ALAMEDA COUNTY
October 28, 2015
Jue suPepion count Ok CM-110
ATTORNEY OR FARTY WITHOUT ATTORNEY (Name, State Bar number, and address}: By atherine Cree PR URT USE ONLY
CASE NUMBER
Joshua K. Yung (266100), Sam Wu (271761) Revari2640
140 Geary Street, 4th Floor
San Francisco, CA 94108
TELEPHONE NO. (408) 520-1645 FAX NO. (Optional? (408) 520- 4950
E-MAIL ADDRESS (Optional: joshua. yung@wylawoffice.com
ATTORNEY FOR (Name) LE Zhu Liu
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda
STREET ADDRESS:
MAILING ADDRESS: 1221 Oak Street, Fourth Floor
CITY AND ZIP CODE: Oakland, CA 9461 2
BRANCH NAME: Administration Building
PLAINTIFF/PETITIONER: Li Zhu Liu
DEFENDANT/RESPONDENT. Alfred and Lois Bianchi
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [] Limrreo case RG14712640
(Arnount demanded {Amount demanded is $25,000
exceeds $25,000) or less}
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 11/12/2015 Time: 2 pm Dept: 20 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. [C_] This statement is submitted by party (name):
b. This statement is submitted jointly by parties (names): Li Zhu Liu and Lois Bianchi
2. Complaint and cross plaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 2/4/14
b. [lu] 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. ([T) The following parties named in the complaint or cross-cornplaint
(ty [X=] have not been served (specify names and explain why not):
(2) [2] have been served but have not appeared and have not been dismissed (specify names):
(3) [X=] 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 of case in complaint [=] cross-compiaint (Describe, including
causes of action):
Premise liability (negligence)
Page tof §
Form Adopted for Mandatory Use Cal, Rules of Court,
vludictal Counel of Caltfornia CASE MANAGEMENT STATEMENT tales 3720-8 730
CM-TIG [Rew July 1, 2014]
WAN. coUTts.ca gov
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CM-110
Li Zhu Liu CASE NUMBER:
PLAINTIFF/PETITIONER:
- pe: . RG14712640
DEFENDANT/RESPONDENT: Alfred and Lois Bianchi
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
earnings to date, and estimated future lost earnings. if equitable relief is sought, describe the nature of the relief.)
A fire originated at Defendant's property and subsequently spread whereby causing damages to Plaintiffs
property. Estimated damages have been assessed to be at least $250,000.
[7] df more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request. [7] a jury trial anonjury trial. ——_(/f more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. [C7] The trial has been set for (date):
b. [7] No tral 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. days (specify number): 3
b. [7] hours (shart causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [(/7] by the attorney or party listed in the caption [1] by the following:
a. Attorney:
b. Firm:
c. Address:
dg. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
(""] Additional representation is described in Attachment 8.
9. Preference
(£7) 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 CJ has [777 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [7] 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 Umit.
(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) EX[] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CATO [Ree iy 04H CASE MANAGEMENT STATEMENT Page 2ors
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CM-110
PLAINTIFF/PETITIONER: Lj Zhu Liu CASE NUMBER:
DEFENDANT/RESPONDENT: Alfred and Lois Bianchi RG14712640
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
[X71] Mediation session scheduled for (date):
(1} Mediation
CI Agreed to complete mediation by (date):
E2] Mediation compieted on (date):
wall Settiernent conference not yet scheduled
(2) Settlement ‘TI CO Settlement conference scheduled for (date):
conference cI Agreed to complete settlement conference by (date):
CK Settlement conference completed on (date):
Cc] Neutral evaluation not yet scheduled
Cl [221 Neutral evatuation scheduled for (date):
(3) Neutral evaluation
Cc Agreed to complete neutral evaluation by (date):
[2] Neutral evaluation completed on (date):
[2] Judicial arbitration not yet scheduled
(4) Nonbinding judicial co [2] Judicial arbitration scheduled for (date):
arbitration [7] Agreed to complete judicial arbitration by (date):
[C2] Judiciai arbitration completed on (date):
[£1 Private arbitration not yet scheduled
(8) Binding private co Co Private arbitration scheduled for (date):
arbitration [1 Agreed to complete private arbitration by (date):
Co Private arbitration completed on (date):
Co ADR session not yet scheduled
cl [1 AnR session scheduled for (date):
(6) Other (specify):
[1 Agreed to complete ADR session by (date):
[=] AR compieted on (date):
CM-410 [Rev. July 4, 2044) Page
3 of §
CASE MANAGEMENT STATEMENT
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PLAINTIFF/PETITIONER: Li Zhu Liu CASE NUMBER
RG14712640
DEFENDANT/RESPONDENT: Alfred and Lois Bianchi
11. Insurance
a. [7] insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [7] Yes [7] No
c, [7] Coverage issues will significantly affect resolution of this case (exp/ain):
42. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
(CU) Bankruptcy [7] other (specify):
Status:
13. Related cases, cc lidation, and coordination
a. [7] There are companion, underlying, or related cases.
{1} Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Co Additional cases are described in Attachment 13a.
b. [] Amotionto [17] consolidate CZ] coordinate will be filed by (name party):
14, Bifurcation
[7] 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
[2] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. ("71 The party or parties have cornpieted all discovery.
b. [7] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
COM-110 (Rey. July 1, 2044] CASE MANAGEMENT STATEMENT Page 4 of &
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CM-110
PLAINTIFF/PETITIONER: = LI Zhu Liu CASE NUMBER,
RG14712640
DEFENDANTRESPONDENT: — Alfred and Lois Bianchi
17. Economic litigation
a, (_] This is a limited civil case (Le., 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 fo 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 net, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the foliowing
(specify):
Plaintiff and Defendant are asking for a 30 day continuance for the case management conference scheduled on
11/42/2015. Plaintiff and Defendant met for an initial settlement conference on 10/12/2015. Another settlement
conference has been scheduled for 11/17/2015. Plaintiff and Defendant anticipate on agreeing to a settlement
before setting a trial date.
20. Total number of pages attached (if any):
lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as weil 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: 10/27/2015
Joshua Yung » —S
{TYPE OR PRINT NAME) va (SIGNATURE OF Pasgip on ATTORNEY)
UTYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(=) Additional signatures are attached.
CMe
1 10 Rev. July 1, 2044] CASE MANAGEMENT STATEMENT Page 6 of 5
Preview
10/28/2015 10:11 TO:15102675732 FROM: 4085204950 Page: 1 FILED BY E-DELIVERY ALAMEDA COUNTY October 28, 2015 Jue suPepion count Ok CM-110 ATTORNEY OR FARTY WITHOUT ATTORNEY (Name, State Bar number, and address}: By atherine Cree PR URT USE ONLY CASE NUMBER Joshua K. Yung (266100), Sam Wu (271761) Revari2640 140 Geary Street, 4th Floor San Francisco, CA 94108 TELEPHONE NO. (408) 520-1645 FAX NO. (Optional? (408) 520- 4950 E-MAIL ADDRESS (Optional: joshua. yung@wylawoffice.com ATTORNEY FOR (Name) LE Zhu Liu SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda STREET ADDRESS: MAILING ADDRESS: 1221 Oak Street, Fourth Floor CITY AND ZIP CODE: Oakland, CA 9461 2 BRANCH NAME: Administration Building PLAINTIFF/PETITIONER: Li Zhu Liu DEFENDANT/RESPONDENT. Alfred and Lois Bianchi CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [] Limrreo case RG14712640 (Arnount demanded {Amount demanded is $25,000 exceeds $25,000) or less} A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 11/12/2015 Time: 2 pm Dept: 20 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. [C_] This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): Li Zhu Liu and Lois Bianchi 2. Complaint and cross plaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 2/4/14 b. [lu] 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. ([T) The following parties named in the complaint or cross-cornplaint (ty [X=] have not been served (specify names and explain why not): (2) [2] have been served but have not appeared and have not been dismissed (specify names): (3) [X=] 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 of case in complaint [=] cross-compiaint (Describe, including causes of action): Premise liability (negligence) Page tof § Form Adopted for Mandatory Use Cal, Rules of Court, vludictal Counel of Caltfornia CASE MANAGEMENT STATEMENT tales 3720-8 730 CM-TIG [Rew July 1, 2014] WAN. coUTts.ca gov 10/28/2015 10:11 TO:15102675732 FROM: 4085204950 Page: a CM-110 Li Zhu Liu CASE NUMBER: PLAINTIFF/PETITIONER: - pe: . RG14712640 DEFENDANT/RESPONDENT: Alfred and Lois Bianchi 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 earnings to date, and estimated future lost earnings. if equitable relief is sought, describe the nature of the relief.) A fire originated at Defendant's property and subsequently spread whereby causing damages to Plaintiffs property. Estimated damages have been assessed to be at least $250,000. [7] df more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request. [7] a jury trial anonjury trial. ——_(/f more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [C7] The trial has been set for (date): b. [7] No tral 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. days (specify number): 3 b. [7] hours (shart causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [(/7] by the attorney or party listed in the caption [1] by the following: a. Attorney: b. Firm: c. Address: dg. Telephone number: f. Fax number: e. E-mail address: g. Party represented: (""] Additional representation is described in Attachment 8. 9. Preference (£7) 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 CJ has [777 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [7] 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 Umit. (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) EX[] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CATO [Ree iy 04H CASE MANAGEMENT STATEMENT Page 2ors 10/28/2015 10:11 TO:15102675732 FROM: 4085204950 Page: 3 CM-110 PLAINTIFF/PETITIONER: Lj Zhu Liu CASE NUMBER: DEFENDANT/RESPONDENT: Alfred and Lois Bianchi RG14712640 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 [X71] Mediation session scheduled for (date): (1} Mediation CI Agreed to complete mediation by (date): E2] Mediation compieted on (date): wall Settiernent conference not yet scheduled (2) Settlement ‘TI CO Settlement conference scheduled for (date): conference cI Agreed to complete settlement conference by (date): CK Settlement conference completed on (date): Cc] Neutral evaluation not yet scheduled Cl [221 Neutral evatuation scheduled for (date): (3) Neutral evaluation Cc Agreed to complete neutral evaluation by (date): [2] Neutral evaluation completed on (date): [2] Judicial arbitration not yet scheduled (4) Nonbinding judicial co [2] Judicial arbitration scheduled for (date): arbitration [7] Agreed to complete judicial arbitration by (date): [C2] Judiciai arbitration completed on (date): [£1 Private arbitration not yet scheduled (8) Binding private co Co Private arbitration scheduled for (date): arbitration [1 Agreed to complete private arbitration by (date): Co Private arbitration completed on (date): Co ADR session not yet scheduled cl [1 AnR session scheduled for (date): (6) Other (specify): [1 Agreed to complete ADR session by (date): [=] AR compieted on (date): CM-410 [Rev. July 4, 2044) Page 3 of § CASE MANAGEMENT STATEMENT 10/28/2015 10:11 TO:15102675732 FROM: 4085204950 Page: 4& PLAINTIFF/PETITIONER: Li Zhu Liu CASE NUMBER RG14712640 DEFENDANT/RESPONDENT: Alfred and Lois Bianchi 11. Insurance a. [7] insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [7] Yes [7] No c, [7] Coverage issues will significantly affect resolution of this case (exp/ain): 42. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. (CU) Bankruptcy [7] other (specify): Status: 13. Related cases, cc lidation, and coordination a. [7] There are companion, underlying, or related cases. {1} Name of case: (2) Name of court: (3) Case number: (4) Status: Co Additional cases are described in Attachment 13a. b. [] Amotionto [17] consolidate CZ] coordinate will be filed by (name party): 14, Bifurcation [7] 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 [2] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ("71 The party or parties have cornpieted all discovery. b. [7] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): COM-110 (Rey. July 1, 2044] CASE MANAGEMENT STATEMENT Page 4 of & 10/28/2015 10:11 TO:15102675732 FROM: 4085204950 Page: 9° CM-110 PLAINTIFF/PETITIONER: = LI Zhu Liu CASE NUMBER, RG14712640 DEFENDANTRESPONDENT: — Alfred and Lois Bianchi 17. Economic litigation a, (_] This is a limited civil case (Le., 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 fo 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 net, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the foliowing (specify): Plaintiff and Defendant are asking for a 30 day continuance for the case management conference scheduled on 11/42/2015. Plaintiff and Defendant met for an initial settlement conference on 10/12/2015. Another settlement conference has been scheduled for 11/17/2015. Plaintiff and Defendant anticipate on agreeing to a settlement before setting a trial date. 20. Total number of pages attached (if any): lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as weil 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: 10/27/2015 Joshua Yung » —S {TYPE OR PRINT NAME) va (SIGNATURE OF Pasgip on ATTORNEY) UTYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (=) Additional signatures are attached. CMe 1 10 Rev. July 1, 2044] CASE MANAGEMENT STATEMENT Page 6 of 5