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ATTORNEY OR PARTY WITHOUT ATTORNEY ©.
|WILLTAM DeGARMO, ESQ.
Bar number, and address):
SB#60950
oiler *
i
McCANN & LOGUE
1660 Hamilton Avenue, Suite 203
San Jose, CA 95125
reLePHONENO.: (408) 269-8787 FAXNO.(Optionay: (408) 269-2321
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): MICHAEL
SUPERIOR COURT OF CALIFORNIA,
SMITH
COUNTY OF ALAMEDA
FILED
ALAMEDA COUNTY
STREET ADDRESS: 1225 Fallon Street
MAILING ADDRESS: 1225 Fallon Street
APR 19 2005
city ano zipcooe: Oakland, CA 94612
BRANCH NAME: CIVIL DIVISION - UNLIMITED JURISDICTION
CLERK OF THE SUPERIQR COURT
PLAINTIFF/PETITIONER: MICHAEL SMITH
oy aiden La eens
DEFENDANT/RESPONDENT:
JOHN E. HILL, MICHAEL GUTA, LAW Deputy
OFFICES OF JOHN E. HILL, and DOES 1 to 10
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): _X | UNLIMITED CASE [| LIMITED CASE
(Amount demanded (Amount demanded is $25,000 RG04-163436
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:May 4, 2005 Time:9:00 a.m. Dept.: 113 Div.:
Address of court (if different from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. |X This statement is submitted by party (name): Plaintiff, MICHAEL SMITH
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): July 8, 2004
b. The cross-compiaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. |X! Allparties named in the complaint and cross-complaint have been served, or 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):
cL The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
4. Description of case
a. Type of case in [x | complaint | cross-complaint (describe, including causes of action):
Legal Malpractice; Professional Negligence; Breach of Fiduciary Duty; and
Fraud
Page 1 of 4
fda! Coun of Calforia
CM-110 (Rev. January 1, 2005]
CASE MANAGEMENT STATEMENT al are ue 22
PLAINTIFF/PETITIONER: MICHAEL SMITH CASE NUMBER:
|DEFENDANT/RESPONDENT:JOHN E. HILL , MICHAEL GUTA, LAW RG04-163436
OFFICES OF JOHN E. HILL, and DOES 1 to 10
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.)
Professional negligence. Defendants represented Plaintiff against his
former employer. The former employer deposited $250,000.00 in an account
for Plaintiff's benefit. Defendants advised Plaintiff not to take the
money, although there were no conditions attached. The money was
subsequently seized by the bank for debts of the company. Defendants filed
an appeal on behalf of Plaintiff causing over $200,000.00 in legal fees.
Defendants failed to even designate the record on appeal.
i__| (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 [X la jury trial |! anonjury 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. [_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):
May 1 through August 14, 2005.
Previously scheduled trials and pre-paid vacations.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. LX] days (specify number): 10 - 12
b. [| hours (short causes) (specify):
8. Trial representation (to be answered for each party) 1
The party or parties will be represented at trial [X | by the attorney or party listed in the caption a by the following:
Attorney: '
Firm:
a>panog®y
Address:
Telephone number:
Fax number:
E-mail address:
Party represented:
___| Additional representation is described in Attachment 8.
9. Preference
|__| This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution
4 (ADR)
a. Counsel |X! has |_| hasnot provided the ADR information package identified in rule 201.9 to the client and has
reviewed ADR options with the client.
b. [| All parties have agreed to a form of ADR. ADR will be completed by (date):
c. |._j The case has gone to an ADR process (indicate status):
CM-110 [Rev. January 1, 2005] CASE MANAGEM ENT STATEM ENT Page 2 of 4
PLAINTIFF/PETITIONER: MICHAEL SMITH CASE NUMBER:
|DEFENDANT/RESPONDENT:JOHN E. HILL, MICHAEL GUTA, LAW RG04-163436
OFFICES OF JOHN E. HILL, and DOES 1 to 10
10. d. The party or parties are willing to participate in (check all that apply):
(1) L__] Mediation
(2) | Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 1612)
(3) Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 1612)
(4) L__] Binding judicial arbitration
(5) [| Binding private arbitration
(6) | Neutral case evaluation
(7) LX] Other (specify);Mediation to take place on April 20, 2005.
e. This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit.
f. |_| 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.
g. |__| This case is exempt from judicial arbitration under rule 1601(b) of the California Rules of Court (specify exemption):
11. Settlement conference
X_} The party or parties are willing to participate in an early settlement conference (specify when): After August 2005
12. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [_] Yes No
c. L_] Coverage issues will significantly affect resolution of this case (explain):
13. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
|] Bankruptcy Other (specify):
Status:
14. 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:
| Additional cases are described in Attachment 14a.
b. [__] Amotionto {| consolidate || coordinate will be filed by (name party):
15. 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):
16. Other motions t
X | The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Unknown at this time.
CM-110 [Rev. January 1, 2005} CASE MANAGEMENT STATEMENT , Page 3 of 4
PLAINTIFF/PETITIONER: MICHAEL SMITH CASE NUMBER:
DEFENDANT/RESPONDENT: JOHN E. HILL, MICHAEL GUTA, LAW RG04-163436
OFFICES OF JOHN E. HILL, and DOES 1 to 10
17. Discovery
a. |__| The party or parties have completed all discovery.
b. |X_| The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written and oral discovery to August 2005
Defendants
Plaintiff Written and oral discovery to August 2005
Cross-Defendants
c. | __] The following discovery issues are anticipated (specify):
18. 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 through 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):
19. Other issues
[_] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): ,
20. Meet and confer
a. |X] The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following
(specify): Mediation to take place on April 20, 2005.
21. Case management orders _ a
Previous case management orders in this case are (check one): [X¥ | none [| attached as Attachment 21.
22. Total number of pages attached (if any): None
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, 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. an
Date: April i% , 2005
WILLIAM DeGARMO, ESO. » Le
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
|} Additional signatures are attached
CN-110 (Rev. Januaray 1, 2005] CASE MANAGEMENT STATEMENT . Page 4 of 4
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY
(408) 269-8787
WILLIAM DeGARMO, ESQ. SB#60950
McCANN & LOGUE
1660 Hamilton Avenue, Suite 203
San Jose, CA 95125
BAR NO::
ATTORNEY FOR (NAME) MICHAEL SMITH
Insert name of court, judicial district or branch court, if any, and post office and street address.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
1225 Fallon Street
Oakland, CA 94612
CIVIL DIVISION - UNLIMITED JURISDICTION
TitleofCaee SMITH v. HILL, et al.
CASE NUMBER:
PROOF OF SERVICE BY MAIL (1013a, 2015.5 C.C.P.) RG04-163436
STATE OF CALIFORNIA )
Ss.
COUNTY OF ALAMEDA )
| am a resident of or employed in the county aforesaid; | am over the age of eighteen years and not a party to the within entitled
action; my business/residgmre
address is: _1660 Hamilton Avenue, Suite 203, San Jose, CA 95125
On April lé ~ 2005 ,19____ , | served the following documentsCase Management Statement
JOHN E. HILL, MICHAEL GUTA, and
on LAW OFFICES OF JOHN E. HILL the (plaintiff, defendant, petitioner, respondent or other)/Defendants
in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid; in the United States
mail at (City and State of mailing) San Jose, California
addressed as follows: Christina C. Marshall, Esq.
Hancock, Rothert & Bunshoft, LLP
Four Embarcadero Center, Suite 300, San Francisco, CA 94111-4168
| declare under penalty of perjury under the laws of the State of California that the foregoing is correct.
A
Executed on (date) April [6 , 2005 at (place) San Jose) , California.
‘Sf \. siggatu re of server
LYNDA GEORGE
3-1-94 PROOF OF SERVICE BY MAIL S$C-511
Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY ©. |WILLTAM DeGARMO, ESQ. Bar number, and address): SB#60950 oiler * i McCANN & LOGUE 1660 Hamilton Avenue, Suite 203 San Jose, CA 95125 reLePHONENO.: (408) 269-8787 FAXNO.(Optionay: (408) 269-2321 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): MICHAEL SUPERIOR COURT OF CALIFORNIA, SMITH COUNTY OF ALAMEDA FILED ALAMEDA COUNTY STREET ADDRESS: 1225 Fallon Street MAILING ADDRESS: 1225 Fallon Street APR 19 2005 city ano zipcooe: Oakland, CA 94612 BRANCH NAME: CIVIL DIVISION - UNLIMITED JURISDICTION CLERK OF THE SUPERIQR COURT PLAINTIFF/PETITIONER: MICHAEL SMITH oy aiden La eens DEFENDANT/RESPONDENT: JOHN E. HILL, MICHAEL GUTA, LAW Deputy OFFICES OF JOHN E. HILL, and DOES 1 to 10 CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): _X | UNLIMITED CASE [| LIMITED CASE (Amount demanded (Amount demanded is $25,000 RG04-163436 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:May 4, 2005 Time:9:00 a.m. Dept.: 113 Div.: Address of court (if different from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. |X This statement is submitted by party (name): Plaintiff, MICHAEL SMITH 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): July 8, 2004 b. The cross-compiaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. |X! Allparties named in the complaint and cross-complaint have been served, or 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): cL The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type of case in [x | complaint | cross-complaint (describe, including causes of action): Legal Malpractice; Professional Negligence; Breach of Fiduciary Duty; and Fraud Page 1 of 4 fda! Coun of Calforia CM-110 (Rev. January 1, 2005] CASE MANAGEMENT STATEMENT al are ue 22 PLAINTIFF/PETITIONER: MICHAEL SMITH CASE NUMBER: |DEFENDANT/RESPONDENT:JOHN E. HILL , MICHAEL GUTA, LAW RG04-163436 OFFICES OF JOHN E. HILL, and DOES 1 to 10 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.) Professional negligence. Defendants represented Plaintiff against his former employer. The former employer deposited $250,000.00 in an account for Plaintiff's benefit. Defendants advised Plaintiff not to take the money, although there were no conditions attached. The money was subsequently seized by the bank for debts of the company. Defendants filed an appeal on behalf of Plaintiff causing over $200,000.00 in legal fees. Defendants failed to even designate the record on appeal. i__| (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 [X la jury trial |! anonjury 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. [_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): May 1 through August 14, 2005. Previously scheduled trials and pre-paid vacations. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. LX] days (specify number): 10 - 12 b. [| hours (short causes) (specify): 8. Trial representation (to be answered for each party) 1 The party or parties will be represented at trial [X | by the attorney or party listed in the caption a by the following: Attorney: ' Firm: a>panog®y Address: Telephone number: Fax number: E-mail address: Party represented: ___| Additional representation is described in Attachment 8. 9. Preference |__| This case is entitled to preference (specify code section): 10. Alternative Dispute Resolution 4 (ADR) a. Counsel |X! has |_| hasnot provided the ADR information package identified in rule 201.9 to the client and has reviewed ADR options with the client. b. [| All parties have agreed to a form of ADR. ADR will be completed by (date): c. |._j The case has gone to an ADR process (indicate status): CM-110 [Rev. January 1, 2005] CASE MANAGEM ENT STATEM ENT Page 2 of 4 PLAINTIFF/PETITIONER: MICHAEL SMITH CASE NUMBER: |DEFENDANT/RESPONDENT:JOHN E. HILL, MICHAEL GUTA, LAW RG04-163436 OFFICES OF JOHN E. HILL, and DOES 1 to 10 10. d. The party or parties are willing to participate in (check all that apply): (1) L__] Mediation (2) | Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 1612) (3) Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 1612) (4) L__] Binding judicial arbitration (5) [| Binding private arbitration (6) | Neutral case evaluation (7) LX] Other (specify);Mediation to take place on April 20, 2005. e. This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. |_| 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. g. |__| This case is exempt from judicial arbitration under rule 1601(b) of the California Rules of Court (specify exemption): 11. Settlement conference X_} The party or parties are willing to participate in an early settlement conference (specify when): After August 2005 12. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [_] Yes No c. L_] Coverage issues will significantly affect resolution of this case (explain): 13. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. |] Bankruptcy Other (specify): Status: 14. 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: | Additional cases are described in Attachment 14a. b. [__] Amotionto {| consolidate || coordinate will be filed by (name party): 15. 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): 16. Other motions t X | The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Unknown at this time. CM-110 [Rev. January 1, 2005} CASE MANAGEMENT STATEMENT , Page 3 of 4 PLAINTIFF/PETITIONER: MICHAEL SMITH CASE NUMBER: DEFENDANT/RESPONDENT: JOHN E. HILL, MICHAEL GUTA, LAW RG04-163436 OFFICES OF JOHN E. HILL, and DOES 1 to 10 17. Discovery a. |__| The party or parties have completed all discovery. b. |X_| The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written and oral discovery to August 2005 Defendants Plaintiff Written and oral discovery to August 2005 Cross-Defendants c. | __] The following discovery issues are anticipated (specify): 18. 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 through 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): 19. Other issues [_] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): , 20. Meet and confer a. |X] The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following (specify): Mediation to take place on April 20, 2005. 21. Case management orders _ a Previous case management orders in this case are (check one): [X¥ | none [| attached as Attachment 21. 22. Total number of pages attached (if any): None | am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, 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. an Date: April i% , 2005 WILLIAM DeGARMO, ESO. » Le (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) |} Additional signatures are attached CN-110 (Rev. Januaray 1, 2005] CASE MANAGEMENT STATEMENT . Page 4 of 4 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY (408) 269-8787 WILLIAM DeGARMO, ESQ. SB#60950 McCANN & LOGUE 1660 Hamilton Avenue, Suite 203 San Jose, CA 95125 BAR NO:: ATTORNEY FOR (NAME) MICHAEL SMITH Insert name of court, judicial district or branch court, if any, and post office and street address. SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 1225 Fallon Street Oakland, CA 94612 CIVIL DIVISION - UNLIMITED JURISDICTION TitleofCaee SMITH v. HILL, et al. CASE NUMBER: PROOF OF SERVICE BY MAIL (1013a, 2015.5 C.C.P.) RG04-163436 STATE OF CALIFORNIA ) Ss. COUNTY OF ALAMEDA ) | am a resident of or employed in the county aforesaid; | am over the age of eighteen years and not a party to the within entitled action; my business/residgmre address is: _1660 Hamilton Avenue, Suite 203, San Jose, CA 95125 On April lé ~ 2005 ,19____ , | served the following documentsCase Management Statement JOHN E. HILL, MICHAEL GUTA, and on LAW OFFICES OF JOHN E. HILL the (plaintiff, defendant, petitioner, respondent or other)/Defendants in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid; in the United States mail at (City and State of mailing) San Jose, California addressed as follows: Christina C. Marshall, Esq. Hancock, Rothert & Bunshoft, LLP Four Embarcadero Center, Suite 300, San Francisco, CA 94111-4168 | declare under penalty of perjury under the laws of the State of California that the foregoing is correct. A Executed on (date) April [6 , 2005 at (place) San Jose) , California. ‘Sf \. siggatu re of server LYNDA GEORGE 3-1-94 PROOF OF SERVICE BY MAIL S$C-511