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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Laura Van Note, Esq. (S.B. #310160) FILED BY FAX
SCOTT COLE & ASSOCIATES, APC ALAMEDA COUNTY
555 12th Street, Suite 1725, Oakland, CA 94607 April 27, 2020
teLepHone no.: (610) 891-9800 FAK NO. (Optional: (540) 891-7030 THE sopeRs poourT
E-MAIL ADDRESS (Optional: [vannote@scalaw.com By Burt Moskaira, Deputy
SSR So aL ORG coun oF Alameda CASE NUMBER:
sTREET aDpREess: 1221 Oak Street RG19017399
MAILING ADDRESS:
CITY AND ZIP CODE: Oakland, CA 9461 2
BRANCH NAME:
PLAINTIFF/PETITIONER: Mark Tirman
DEFENDANT/RESPONDENT: PPH Franchise Holdings, LLC
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [| LIMITED CASE RG19017399
(Amount demanded {Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 12, 2020 Time: 3:00 p.m. Dept.: 23 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. This statement is submitted by party (name): Plaintiff Mark Tirman
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): May 2, 2019
b. LL} The cross-compiaint, if any, was filed on (date):
3. Service (to 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) [22] 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):
c. EX) 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-complaint (Describe, including causes of action):
Page 1 of §
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Councit of California CASE MANAGEMENT STATEMENT rules 3.720-3.730
CM-110 [Rev. July 1, 2044] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Mark Tirman CASE NUMBER:
DEFENDANT/RESPONDENT: PPH Franchise Holdings, LLC RG19017399
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.)
The First Amended Complaint alleges causes of action on a class basis for (1) unlawful failure to pay wages, (2)
failure to provide meal and rest periods, (3) failure to provide accurate itemized wage statements, (4) failure to
pay wages on termination, (5) unfair business practices under the Unfair Competition Act, and (6) Private
Attorneys General Act claims.
CI (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 a jury trial “a nonjury trial. (lf more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. [| The tral has been set for (date):
b. LY] 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. [7] days (specify number): 10-15
b. [7] hours (short causes) (specify):
8. Trial representation (fo be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption [| by the following:
a. Attorney:
b. Firm:
c. Address:
da. 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 CS) has [9 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 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) Cc] 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):
CAFOew sly 2054] CASE MANAGEMENT STATEMENT Page 2of8
CM-110
| PLAINTIFF/PETITIONER: Mark Tirman CASE NUMBER:
RG19017399
DEFENDANT/RESPONDENT: PPH Franchise Holdings, LLC
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 ail that apply): | stipulation):
Mediation session not yet scheduled
NOOU
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date): October 7, 2019
Settlement conference not yet scheduled
(2) Settlement wall
UOOO;}OUO0O;}OUOOU;OU0UOU;UUUR Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation Co
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Co Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Co Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify): a)
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 (Rev. July 1, 2074} Page 3 of 5
CASE MANAGEMENT STATEMENT
CM.
PLAINTIFF/PETITIONER: Mark Tirman CASE NUMBER:
z , : RG19017399
DEFENDANT/RESPONDENT: PPH Franchise Holdings, LLC
11. Insurance
a. [] insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [=] Yes [27] No
c. [5] 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 [1 Other (specify):
Status:
13. Related cases,cc lid and coordinati
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 13a.
b. [-_]Amotionto [_] consolidate [1 coordinate will be filed by (name party):
14. Bifurcation
("I 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):
Plaintiff expects to file a Motion for Class Certification.
16. Discovery
a. [| The party or parties have completed ail discovery.
b. The foliowing discovery will be completed by the date specified (describe ail anticipated discovery):
Party Description Date
Plaintiffs Written Discovery TBD
Plaintiffs Expert Discovery TBD
Plaintiffs Fact Witness Depositions TBD
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 (Rev. duly 1, 2014] CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: Mark Tirman CASE NUMBER:
| DEFENDANT/RESPONDENT: PPH Franchise Holdings, LLC RG19017399
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 to discovery or trial
should not apply to this.case}:
18, Other issues
("I 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):
20. Total number of pages attached (if any):
tam completely familiar with this case ard 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: April 27, 2020
r bg tah Poten
aye fer] an
Laura Van Note, Esq. > 4 ‘
{TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY}
(TYPE OR PRINT NAME}
» (SIGNATURE.OF PARTY OR ATTORNEY)
(J Additional signatures are attactied.
C40 Rev. ly 8.2040 CASE MANAGEMENT STATEMENT Page bots
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Laura Van Note, Esq. (S.B. #310160) FILED BY FAX SCOTT COLE & ASSOCIATES, APC ALAMEDA COUNTY 555 12th Street, Suite 1725, Oakland, CA 94607 April 27, 2020 teLepHone no.: (610) 891-9800 FAK NO. (Optional: (540) 891-7030 THE sopeRs poourT E-MAIL ADDRESS (Optional: [vannote@scalaw.com By Burt Moskaira, Deputy SSR So aL ORG coun oF Alameda CASE NUMBER: sTREET aDpREess: 1221 Oak Street RG19017399 MAILING ADDRESS: CITY AND ZIP CODE: Oakland, CA 9461 2 BRANCH NAME: PLAINTIFF/PETITIONER: Mark Tirman DEFENDANT/RESPONDENT: PPH Franchise Holdings, LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [| LIMITED CASE RG19017399 (Amount demanded {Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 12, 2020 Time: 3:00 p.m. Dept.: 23 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. This statement is submitted by party (name): Plaintiff Mark Tirman 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): May 2, 2019 b. LL} The cross-compiaint, if any, was filed on (date): 3. Service (to 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) [22] 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): c. EX) 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-complaint (Describe, including causes of action): Page 1 of § Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Councit of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-110 [Rev. July 1, 2044] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Mark Tirman CASE NUMBER: DEFENDANT/RESPONDENT: PPH Franchise Holdings, LLC RG19017399 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.) The First Amended Complaint alleges causes of action on a class basis for (1) unlawful failure to pay wages, (2) failure to provide meal and rest periods, (3) failure to provide accurate itemized wage statements, (4) failure to pay wages on termination, (5) unfair business practices under the Unfair Competition Act, and (6) Private Attorneys General Act claims. CI (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 a jury trial “a nonjury trial. (lf more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [| The tral has been set for (date): b. LY] 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. [7] days (specify number): 10-15 b. [7] hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption [| by the following: a. Attorney: b. Firm: c. Address: da. 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 CS) has [9 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 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) Cc] 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): CAFOew sly 2054] CASE MANAGEMENT STATEMENT Page 2of8 CM-110 | PLAINTIFF/PETITIONER: Mark Tirman CASE NUMBER: RG19017399 DEFENDANT/RESPONDENT: PPH Franchise Holdings, LLC 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 ail that apply): | stipulation): Mediation session not yet scheduled NOOU Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): October 7, 2019 Settlement conference not yet scheduled (2) Settlement wall UOOO;}OUO0O;}OUOOU;OU0UOU;UUUR Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Co Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Co Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Co Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): a) Agreed to complete ADR session by (date): ADR completed on (date): CM-110 (Rev. July 1, 2074} Page 3 of 5 CASE MANAGEMENT STATEMENT CM. PLAINTIFF/PETITIONER: Mark Tirman CASE NUMBER: z , : RG19017399 DEFENDANT/RESPONDENT: PPH Franchise Holdings, LLC 11. Insurance a. [] insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [=] Yes [27] No c. [5] 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 [1 Other (specify): Status: 13. Related cases,cc lid and coordinati 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 13a. b. [-_]Amotionto [_] consolidate [1 coordinate will be filed by (name party): 14. Bifurcation ("I 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): Plaintiff expects to file a Motion for Class Certification. 16. Discovery a. [| The party or parties have completed ail discovery. b. The foliowing discovery will be completed by the date specified (describe ail anticipated discovery): Party Description Date Plaintiffs Written Discovery TBD Plaintiffs Expert Discovery TBD Plaintiffs Fact Witness Depositions TBD c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 (Rev. duly 1, 2014] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Mark Tirman CASE NUMBER: | DEFENDANT/RESPONDENT: PPH Franchise Holdings, LLC RG19017399 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 to discovery or trial should not apply to this.case}: 18, Other issues ("I 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): 20. Total number of pages attached (if any): tam completely familiar with this case ard 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: April 27, 2020 r bg tah Poten aye fer] an Laura Van Note, Esq. > 4 ‘ {TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY} (TYPE OR PRINT NAME} » (SIGNATURE.OF PARTY OR ATTORNEY) (J Additional signatures are attactied. C40 Rev. ly 8.2040 CASE MANAGEMENT STATEMENT Page bots