On December 17, 2008 a
Order
was filed
involving a dispute between
Heidi Oatis,
Oatis, Heidi,
and
A Perfect Day Franchise, Inc.,
A Perfect Day Spa, Business For Unknown,
Gu, Hemant,
Hemant Gu,
for Other PI/PD/WD Tort
in the District Court of Alameda County.
Preview
Law Offices of Brian K Ross Law Offices of Richard C.J. Wahng
Attn: Ross, Brian K Attn: Wahng, Chao Jen
1124 East 14th Street 152 Anza Street, #201
Suite B Fremont, CA 94539
San Leandro, CA 94577
Superior Court of California, County of Alameda
Rene C. Davidson Alameda County Courthouse
Oatis No. HG08425849
Plaintiff/Petitioner(s)
Case Management Order
VS.
Complaint - Other PI/PD/WD Tort
A Perfect Day Spa, business for unknown
Defendant/Respondent(s)
(Abbreviated Title)
ORDER re: CASE MANAGEMENT
& TRIAL SETTING ORDER WITH NOTICE OF TRIAL
The Court has ordered the following at the conclusion of a judicially supervised Case Management
Conference.
FURTHER CASE MANAGEMENT CONFERENCE
A further Case Management Conference isscheduled for 08/31/2010 at09:00 AM in Dept. 25 for
compliance by Plaintiffre filingof proof of service of the summons on Defendant Hemant Gu by
publication. Absent good cause, failure by Plaintiff to fileproof of service prior tothe conference will
result inthe imposition of further monetary sanctions.
Counsel forDefendant A Perfect Day Franchise, Inc.represents that an answer tothe complaint will be
filedby no later than 08/15/2010.
TRIAL RESCHEDULED
The Trial Date currently scheduled for 08/16/2010 isVACATED. The case is rescheduled to
10/25/2010 at 09:30 AM in Dept. 25.
This order constitutes a new Trial Setting Order. Discovery is re-opened and governed by the
appropriate statutory provisions.
FURTHER MANDATORY SETTLEMENT CONFERENCE (CRC § 3.1380)
A further Mandatory Settlement Conference pursuant to CRC § 3.1380 isset for 09/28/2010 in Dept.
303 at 01:30 PM. Trial counsel, the parties, claims representatives and allother persons with full
authority to settlethe case must personally attend unless the Court has, before the Conference,
authorized telephonic participation upon written application with notice to all other parties and good
cause shown. A Settlement Conference Statement complying with CRC § 3.1380 must be filedwith the
court no laterthan 09/21/2010 and served on allother parties. Ifthe foregoing date isa court holiday or
a weekend, the time is extended to the next business day.
Dept. 303 islocated inthe George E. McDonald Hall of Justice,2233 Shoreline Drive, Alameda.
Order
PRETRIAL CONFERENCE
A Pretrial Conference isscheduled for 10/08/2010 at 09:00 AM inDept. 25. The parties are advised
that the Pretrial Conference isNOT a settlement conference. All of the deadlines set forth inRule 3.35
of the Local Rules of the Alameda Superior Court, which are available on the Court's website at
www.alameda.courts.ca.gov, are applicable to the Pretrial Conference.
Assuming Defendant's motions in limine filedon 07/30/2010 have not been mooted by further
developments in the action, a new hearing date on Defendant's motions and any additional motions in
limine will be setat the time of the Pretrial Conference.
SANCTIONS
Proof having been made to the satisfaction of the court that Plaintiff has failed to:
Comply with the Court's order issued on 10/27/2009 regarding completion of service by publication on
Defendant Hemant Gu
SANCTIONS ARE ORDERED AS FOLLOWS:
Monetary sanctions in the sum of $999.00 are ordered and are
payable to the clerk of the court within 7 calendar days.
NOTICES
Clerk isdirected to serve endorsed-filed copies of this order, with proof of service, to counsel and to
self-represented parties of record by mail.
Any delay inthe trial,caused by non-compliance with any order contained herein, shallbe the subject of
sanctions pursuant to CCP 177.5.
~ Digital
Dated: 08/06/2010 Ye am
Judge Ronni MacLaren
Order
Document Filed Date
August 06, 2010
Case Filing Date
December 17, 2008
Category
Other PI/PD/WD Tort
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Preview
Law Offices of Brian K Ross Law Offices of Richard C.J. Wahng Attn: Ross, Brian K Attn: Wahng, Chao Jen 1124 East 14th Street 152 Anza Street, #201 Suite B Fremont, CA 94539 San Leandro, CA 94577 Superior Court of California, County of Alameda Rene C. Davidson Alameda County Courthouse Oatis No. HG08425849 Plaintiff/Petitioner(s) Case Management Order VS. Complaint - Other PI/PD/WD Tort A Perfect Day Spa, business for unknown Defendant/Respondent(s) (Abbreviated Title) ORDER re: CASE MANAGEMENT & TRIAL SETTING ORDER WITH NOTICE OF TRIAL The Court has ordered the following at the conclusion of a judicially supervised Case Management Conference. FURTHER CASE MANAGEMENT CONFERENCE A further Case Management Conference isscheduled for 08/31/2010 at09:00 AM in Dept. 25 for compliance by Plaintiffre filingof proof of service of the summons on Defendant Hemant Gu by publication. Absent good cause, failure by Plaintiff to fileproof of service prior tothe conference will result inthe imposition of further monetary sanctions. Counsel forDefendant A Perfect Day Franchise, Inc.represents that an answer tothe complaint will be filedby no later than 08/15/2010. TRIAL RESCHEDULED The Trial Date currently scheduled for 08/16/2010 isVACATED. The case is rescheduled to 10/25/2010 at 09:30 AM in Dept. 25. This order constitutes a new Trial Setting Order. Discovery is re-opened and governed by the appropriate statutory provisions. FURTHER MANDATORY SETTLEMENT CONFERENCE (CRC § 3.1380) A further Mandatory Settlement Conference pursuant to CRC § 3.1380 isset for 09/28/2010 in Dept. 303 at 01:30 PM. Trial counsel, the parties, claims representatives and allother persons with full authority to settlethe case must personally attend unless the Court has, before the Conference, authorized telephonic participation upon written application with notice to all other parties and good cause shown. A Settlement Conference Statement complying with CRC § 3.1380 must be filedwith the court no laterthan 09/21/2010 and served on allother parties. Ifthe foregoing date isa court holiday or a weekend, the time is extended to the next business day. Dept. 303 islocated inthe George E. McDonald Hall of Justice,2233 Shoreline Drive, Alameda. Order PRETRIAL CONFERENCE A Pretrial Conference isscheduled for 10/08/2010 at 09:00 AM inDept. 25. The parties are advised that the Pretrial Conference isNOT a settlement conference. All of the deadlines set forth inRule 3.35 of the Local Rules of the Alameda Superior Court, which are available on the Court's website at www.alameda.courts.ca.gov, are applicable to the Pretrial Conference. Assuming Defendant's motions in limine filedon 07/30/2010 have not been mooted by further developments in the action, a new hearing date on Defendant's motions and any additional motions in limine will be setat the time of the Pretrial Conference. SANCTIONS Proof having been made to the satisfaction of the court that Plaintiff has failed to: Comply with the Court's order issued on 10/27/2009 regarding completion of service by publication on Defendant Hemant Gu SANCTIONS ARE ORDERED AS FOLLOWS: Monetary sanctions in the sum of $999.00 are ordered and are payable to the clerk of the court within 7 calendar days. NOTICES Clerk isdirected to serve endorsed-filed copies of this order, with proof of service, to counsel and to self-represented parties of record by mail. Any delay inthe trial,caused by non-compliance with any order contained herein, shallbe the subject of sanctions pursuant to CCP 177.5. ~ Digital Dated: 08/06/2010 Ye am Judge Ronni MacLaren Order