Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Charles 0. Thompson, SBN 139841
Greenberg Traurig, LLP
Four Embarcadero Center, Suite 2400, San Francisco, CA 94111
415.655.1300
TELEPHONE NO.: FAX NO. (Optional): 415. 707.2010
thompsoncha@gtlaw.com
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Defendant Mathew Phelps Enterprises, Inc., et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
STREET ADDRESS: 1221 Fallon Street
MAILING ADDRESS: 1221 Fallon Street
CITY AND ZIP CODE: Oakland, CA 94612
BRANCH NAME:
Administration BuildinQ
PLAINTIFF/PETITIONER: SMP CONSTRUCTION AND MAINTENANCE, INC.
DEFENDANT/RESPONDENT: MATHEW PHELPS ENTERPRISES, INC., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE D LIMITED CASE RG21110320
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 14, 2022 Time: 2:30 p.m. Dept.: 22 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Charles 0. Thompson
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. D This statement is submitted by party (name):
b. w This statement is submitted jointly by parties (names): Plaintiff SMP Construction and Maintenance, Inc. and
Defendants Mathew Phelps Enterprises, Inc., dba Norcal Foundation Support and Mathew Phelps
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): August 23, 2021
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. w All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
c. D 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 [ZJ complaint D cross-complaint (Describe, including causes of action):
Complaint for breach of contract.
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: SMP CONSTRUCTION AND MAINTENANCE, INC.
RG21110320
DEFENDANT/RESPONDENT: MATHEW PHELPS ENTERPRISES, INC., et al.
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.)
Breach of contract. Plaintiff claims Defendant breached the release. Defendant will cross-complain for breach of
contract and other causes of action.
D (If 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 w a jury triaI D a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for (date):
b. [L] 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. [ZJ days (specify number): Sdays
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption D by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described in Attachment 8.
9. Preference
D 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 w
has D 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 D has D has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) D 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) D 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) D 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, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: SMP CONSTRUCTION AND MAINTENANCE, INC.
RG21110320
DEFENDANT/RESPONDENT: MATHEW PHELPS ENTERPRISES, INC., et al.
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):
CJ Mediation session not yet scheduled
[Z] [Z] Mediation session scheduled for (date): March 24, 2022
(1) Mediation
CJ Agreed to complete mediation by (date):
CJ Mediation completed on (date):
CJ Settlement conference not yet scheduled
(2) Settlement CJ CJ Settlement conference scheduled for (date):
conference
CJ Agreed to complete settlement conference by (date):
CJ Settlement conference completed on (date):
CJ Neutral evaluation not yet scheduled
CJ CJ Neutral evaluation scheduled for (date):
(3) Neutral evaluation
CJ Agreed to complete neutral evaluation by (date):
CJ Neutral evaluation completed on (date):
CJ Judicial arbitration not yet scheduled
(4) Nonbinding judicial CJ CJ Judicial arbitration scheduled for (date):
arbitration
CJ Agreed to complete judicial arbitration by (date):
CJ Judicial arbitration completed on (date):
CJ Private arbitration not yet scheduled
(5) Binding private CJ CJ Private arbitration scheduled for (date):
arbitration
CJ Agreed to complete private arbitration by (date):
CJ Private arbitration completed on (date):
CJ ADR session not yet scheduled
CJ CJ ADR session scheduled for (date):
(6) Other (specify):
CJ Agreed to complete ADR session by (date):
CJ ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: SMP CONSTRUCTION AND MAINTENANCE, INC.
RG21110320
DEFENDANT/RESPONDENT: MATHEW PHELPS ENTERPRISES, INC., et al.
11. Insurance
a. DInsurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: D Yes D No
c. DCoverage 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.
D Bankruptcy DOther (specify):
Status:
13. Related cases, consolidation, and coordination
a. DThere are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate wiII be filed by (name party):
14. Bifurcation
D 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
[ZJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motion for summary judgment and pre-trial motions.
16. Discovery
a. D
The party or parties have completed all discovery.
b. D
The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIO SMP C NSTRUCTIO ANO MAlNTE NCE, INC.
RG21110320
DEFENDANT/RESPOND PHELPS E TERIPR1sks, 1 ., et al.
17. Economic lltlgatio
a. D This is a Ii ited civil case (i. ., the amount emal!lded i~ $25,0 0 or less) and the economic litigation procedures in Code
of Civil Pro edure sections 0-98 will apply o thi~ case '
b. c:J This is a Ii ited civil case a d a motion to thdr_.w the ase f m the economic litigation procedures or for additional
discovery ill be filed (ff ch eked, explain s cffiqalty w y eco omic litigation procedures relating to discovery or trial
should not pp/y to this cas ):
18. Other issues
[Z] The party or rties request th t the following dditi~nal m~tters considered or determined at the case management
conference (s ecify): : i'
The parties ave negotiate in good faith and ~re n w goi g to mediation before the Honorable Paul Beeman
(Ret.). The arties request he court vaca e th$ Cas Man gement Conference currently set for February 14,
2022 and s t another Cas Management Conferen1e for ay, 2022.
19. Meet and confer
a. rn
The party r parties have m t and conferre with iall patties o all subjects required by rule 3.724 of the California Rules
of Court (i not, explain):
; 1
b. After meeting d conferring as equired by rule 3.724 otth+i Calif nia Rules of Court, the parties agree on the following
(specify):
20. Total number of pa es attached (if a y) : 1
I am completely familia with this case a d will be fully p epared to c:$scuss e status of discovery and alternative dispute resolution,
as well as other issues aised by this sta ement, and will poss~s th~ auth ·ty to enter into stipulations on these issues at the time of
the case management onference, inclu ing the written uthdrity of~he pa where required.
Date: February 3, 20 2
Charles 0. Thom
(SIGNATURE OF PARTY OR ATTORNEY)
Gilbert A. Partida
(SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110IRev. July 1, 20111
1 PROOF OF SERVICE
SMP Construction etc., et al. v. Mathew Phelps Enterprises, Inc. et al.
2 Alameda County Superior Court Case No. RG21110320
3 I am a citizen of the United States and resident of the State of California. I am employed in San
Francisco, State of California, in the office of a member of the bar of this Court, at whose direction the
4 service was made. I am over the age of eighteen years and not a party to the within action.
On February 3, 2022, I served the following documents in the manner described below:
5
JOINT CASE MANAGEMENT STATEMENT
6
(BY U.S. MAIL) I am personally and readily familiar with the business practice of Greenberg
7 Traurig, LLP for collection and processing of correspondence for mailing with the United
States Postal Service, and I caused such envelope(s) with postage thereon fully prepaid to be
8 placed in the United States Postal Service at San Francisco, California.
9 (BY MESSENGER SERVICE) by consigning the document(s) to an authorized courier and/or
process server for hand delivery on this date.
10
(BY OVERNIGHT SERVICE) I am personally and readily familiar with the business practice
11 of Greenberg Traurig, LLP for collection and processing of correspondence for overnight
delivery, and I caused such document(s) described herein to be deposited for delivery to a
12 facility regularly maintained by UPS for overnight delivery.
13 (BY ELECTRONIC SERVICE): By electronically mailing a true and correct copy through
Greenberg Traurig, LLP’s electronic mail system from anthonyg@gtlaw.com to the email
14 addresses set forth below.
15 (BY PERSONAL DELIVERY) I caused such envelope to be delivered by hand to the offices
of each addressee below.
16
17 On the following parties in this action:
18 James G. Bohm jbohm@bohmwildish.com
Gilbert A. Partida gpartida@bohmwildish.com
19 Nicholas P. Carrigan ncarrigan@bohmwildish.com
20 BOHM WILDISH & MATSEN, LLP
695 Town Center Drive, Suite 700 Tel: (714) 384-6500
21 Costa Mesa, CA 92626 Fax: (714) 384-6501
22 Attorneys for Plaintiffs SMP Construction and
Maintenance, Inc., and Mark Phelps
23
24 I declare under penalty of perjury under the laws of the United States of America that the foregoing
25 is true and correct. Executed on February 3, 2022, at San Francisco, California.
J
26
t
27 Gina Anthony
28
2 CASE NO. RG21110320
PROOF OF SERVICE
ACTIVE 60112539v1
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Charles 0. Thompson, SBN 139841 Greenberg Traurig, LLP Four Embarcadero Center, Suite 2400, San Francisco, CA 94111 415.655.1300 TELEPHONE NO.: FAX NO. (Optional): 415. 707.2010 thompsoncha@gtlaw.com E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendant Mathew Phelps Enterprises, Inc., et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA STREET ADDRESS: 1221 Fallon Street MAILING ADDRESS: 1221 Fallon Street CITY AND ZIP CODE: Oakland, CA 94612 BRANCH NAME: Administration BuildinQ PLAINTIFF/PETITIONER: SMP CONSTRUCTION AND MAINTENANCE, INC. DEFENDANT/RESPONDENT: MATHEW PHELPS ENTERPRISES, INC., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE D LIMITED CASE RG21110320 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 14, 2022 Time: 2:30 p.m. Dept.: 22 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Charles 0. Thompson INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. D This statement is submitted by party (name): b. w This statement is submitted jointly by parties (names): Plaintiff SMP Construction and Maintenance, Inc. and Defendants Mathew Phelps Enterprises, Inc., dba Norcal Foundation Support and Mathew Phelps 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): August 23, 2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. w All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 [ZJ complaint D cross-complaint (Describe, including causes of action): Complaint for breach of contract. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: SMP CONSTRUCTION AND MAINTENANCE, INC. RG21110320 DEFENDANT/RESPONDENT: MATHEW PHELPS ENTERPRISES, INC., et al. 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.) Breach of contract. Plaintiff claims Defendant breached the release. Defendant will cross-complain for breach of contract and other causes of action. D (If 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 w a jury triaI D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. [L] 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. [ZJ days (specify number): Sdays b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 w has D 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D 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) D 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) D 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, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: SMP CONSTRUCTION AND MAINTENANCE, INC. RG21110320 DEFENDANT/RESPONDENT: MATHEW PHELPS ENTERPRISES, INC., et al. 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): CJ Mediation session not yet scheduled [Z] [Z] Mediation session scheduled for (date): March 24, 2022 (1) Mediation CJ Agreed to complete mediation by (date): CJ Mediation completed on (date): CJ Settlement conference not yet scheduled (2) Settlement CJ CJ Settlement conference scheduled for (date): conference CJ Agreed to complete settlement conference by (date): CJ Settlement conference completed on (date): CJ Neutral evaluation not yet scheduled CJ CJ Neutral evaluation scheduled for (date): (3) Neutral evaluation CJ Agreed to complete neutral evaluation by (date): CJ Neutral evaluation completed on (date): CJ Judicial arbitration not yet scheduled (4) Nonbinding judicial CJ CJ Judicial arbitration scheduled for (date): arbitration CJ Agreed to complete judicial arbitration by (date): CJ Judicial arbitration completed on (date): CJ Private arbitration not yet scheduled (5) Binding private CJ CJ Private arbitration scheduled for (date): arbitration CJ Agreed to complete private arbitration by (date): CJ Private arbitration completed on (date): CJ ADR session not yet scheduled CJ CJ ADR session scheduled for (date): (6) Other (specify): CJ Agreed to complete ADR session by (date): CJ ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: SMP CONSTRUCTION AND MAINTENANCE, INC. RG21110320 DEFENDANT/RESPONDENT: MATHEW PHELPS ENTERPRISES, INC., et al. 11. Insurance a. DInsurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. DCoverage 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. D Bankruptcy DOther (specify): Status: 13. Related cases, consolidation, and coordination a. DThere are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate wiII be filed by (name party): 14. Bifurcation D 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 [ZJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for summary judgment and pre-trial motions. 16. Discovery a. D The party or parties have completed all discovery. b. D The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIO SMP C NSTRUCTIO ANO MAlNTE NCE, INC. RG21110320 DEFENDANT/RESPOND PHELPS E TERIPR1sks, 1 ., et al. 17. Economic lltlgatio a. D This is a Ii ited civil case (i. ., the amount emal!lded i~ $25,0 0 or less) and the economic litigation procedures in Code of Civil Pro edure sections 0-98 will apply o thi~ case ' b. c:J This is a Ii ited civil case a d a motion to thdr_.w the ase f m the economic litigation procedures or for additional discovery ill be filed (ff ch eked, explain s cffiqalty w y eco omic litigation procedures relating to discovery or trial should not pp/y to this cas ): 18. Other issues [Z] The party or rties request th t the following dditi~nal m~tters considered or determined at the case management conference (s ecify): : i' The parties ave negotiate in good faith and ~re n w goi g to mediation before the Honorable Paul Beeman (Ret.). The arties request he court vaca e th$ Cas Man gement Conference currently set for February 14, 2022 and s t another Cas Management Conferen1e for ay, 2022. 19. Meet and confer a. rn The party r parties have m t and conferre with iall patties o all subjects required by rule 3.724 of the California Rules of Court (i not, explain): ; 1 b. After meeting d conferring as equired by rule 3.724 otth+i Calif nia Rules of Court, the parties agree on the following (specify): 20. Total number of pa es attached (if a y) : 1 I am completely familia with this case a d will be fully p epared to c:$scuss e status of discovery and alternative dispute resolution, as well as other issues aised by this sta ement, and will poss~s th~ auth ·ty to enter into stipulations on these issues at the time of the case management onference, inclu ing the written uthdrity of~he pa where required. Date: February 3, 20 2 Charles 0. Thom (SIGNATURE OF PARTY OR ATTORNEY) Gilbert A. Partida (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110IRev. July 1, 20111 1 PROOF OF SERVICE SMP Construction etc., et al. v. Mathew Phelps Enterprises, Inc. et al. 2 Alameda County Superior Court Case No. RG21110320 3 I am a citizen of the United States and resident of the State of California. I am employed in San Francisco, State of California, in the office of a member of the bar of this Court, at whose direction the 4 service was made. I am over the age of eighteen years and not a party to the within action. On February 3, 2022, I served the following documents in the manner described below: 5 JOINT CASE MANAGEMENT STATEMENT 6 (BY U.S. MAIL) I am personally and readily familiar with the business practice of Greenberg 7 Traurig, LLP for collection and processing of correspondence for mailing with the United States Postal Service, and I caused such envelope(s) with postage thereon fully prepaid to be 8 placed in the United States Postal Service at San Francisco, California. 9 (BY MESSENGER SERVICE) by consigning the document(s) to an authorized courier and/or process server for hand delivery on this date. 10 (BY OVERNIGHT SERVICE) I am personally and readily familiar with the business practice 11 of Greenberg Traurig, LLP for collection and processing of correspondence for overnight delivery, and I caused such document(s) described herein to be deposited for delivery to a 12 facility regularly maintained by UPS for overnight delivery. 13 (BY ELECTRONIC SERVICE): By electronically mailing a true and correct copy through Greenberg Traurig, LLP’s electronic mail system from anthonyg@gtlaw.com to the email 14 addresses set forth below. 15 (BY PERSONAL DELIVERY) I caused such envelope to be delivered by hand to the offices of each addressee below. 16 17 On the following parties in this action: 18 James G. Bohm jbohm@bohmwildish.com Gilbert A. Partida gpartida@bohmwildish.com 19 Nicholas P. Carrigan ncarrigan@bohmwildish.com 20 BOHM WILDISH & MATSEN, LLP 695 Town Center Drive, Suite 700 Tel: (714) 384-6500 21 Costa Mesa, CA 92626 Fax: (714) 384-6501 22 Attorneys for Plaintiffs SMP Construction and Maintenance, Inc., and Mark Phelps 23 24 I declare under penalty of perjury under the laws of the United States of America that the foregoing 25 is true and correct. Executed on February 3, 2022, at San Francisco, California. J 26 t 27 Gina Anthony 28 2 CASE NO. RG21110320 PROOF OF SERVICE ACTIVE 60112539v1