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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Gregory J. Rubens, Esq., City Attorney SBN 129737
Burke, Williams and Sorensen, LLP
60 South Market Street, Suite 1000
San Jose, California 95113-2336
408.606.6300
TELEPHONE NO.: FAX NO. (Optional): 408.606.6333
grubens@bwslaw.com
E-MAIL ADDRESS:
ATTORNEY FOR (Name): Defendant City of San Carlos
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 400 County Center, 1st Floor, Room A
MAILING ADDRESS: 400 County Center, 1st Floor, Room A
CITY AND ZIP CODE: Redwood City, CA 94063
BRANCH NAME:
PLAINTIFF/PETITIONER: Melinda J. Ryan and Dawn C. Starr, Successor
Trustees, Makela Descendant’s Trust
created under Agreement dated August 26, 1997
DEFENDANT/RESPONDENT: Hyde Park Homeowners Association
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE
21-CIV-02407
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Dept.: Dept. of The
Date: March 3, 2022 Time: 9:00 a.m. Div.: Room: P
Civil Commissioner
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Gregory J. Rubens, Esq.
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): Defendant, City of San Carlos
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):
b. The cross-complaint, 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) 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. 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): First Amended
Complaint for Declaratory Relief and Enforcement of Judgment.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
American LegalNet, Inc.
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CM-110
PLAINTIFF/PETITIONER: Melinda J. Ryan et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Hyde Park Homeowners Association 21-CIV-02407
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.)
Plaintiff seeks to find that the defendant Hyde Park Homeowers Association is resposible for maintenance of the
existing streets in support of an annexation to the City of San Carlos amd to enforce a previous judgment
(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 triaI a nonjury 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. 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. days (specify number): 5
b. 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 by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
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 of the California Rules of Court 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 has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) 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) 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. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
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CM-110
PLAINTIFF/PETITIONER: Melinda J. Ryan CASE NUMBER:
DEFENDANT/RESPONDENT: Hyde Park Homeowners Association 21-CIV-02407
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
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement 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
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial 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 Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5
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CM-110
PLAINTIFF/PETITIONER: Melinda J. Ryan et al CASE NUMBER:
DEFENDANT/RESPONDENT: Hyde Park Homeowners Association et al. 21-CIV-02407
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. 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 Other (specify):
Status:
13. 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 13a.
b. A motion to consolidate coordinate wiII be filed by (name party):
14. 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):
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motion for judgment on pleadings recently filed by defendant Hyde Park, to be heard on August 15, 2022
Motions in limine; discovery motions if necessary.
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant City of San Carlos Written Discovery June 2022
Defendant City of San Carlos Depositions Per Code
Defendant City of San Carlos Expert Discovery Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5
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CM-110
PLAINTIFF/PETITIONER: Melinda J. Ryan et al CASE NUMBER:
DEFENDANT/RESPONDENT: Hyde Park Homeowners Association et al. 21-CIV-02407
17. 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 90-98 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
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):
I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
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.
Date: February 24, 2022
Gregory J. Rubens, Esq. â–º
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
â–º
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
SJ – San Jose #4889-7489-6642 v2
08344-0032
DRAFT
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5
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Ryan, et al. v. Hyde Park Homeowners Association, et al.
San Mateo County Superior Court Case No.: 21-CIV-02404
1
2 PROOF OF SERVICE
3 I, Lucy Gonzalez, declare:
4 I am a citizen of the United States and employed in Orange County, California. I am over
5 the age of eighteen years and not a party to the within-entitled action. My business address is 60
6 South Market Street, Suite 1000, San Jose, CA 95113. On February 24, 2022, I served a copy of
7 the within document(s):
8 Case Management Statement
9 by transmitting via my electronic service address (bantle@bwslaw.com) the
ïƒ½ï€ document(s) listed above to the person(s) at the e-mail address(es) set forth below.
10
Attorneys Defendants Hyde Park Attorney for Plaintiff Dawn C. Starr,
11 Homeowners Association, Inc., Mark Sobey Melinda J. Ryan
12
& Frank Dancs Mark Haesloop, Esq.
Charles H. Horn, Esq. Law Offices of Mark Haesloop
Freeman, Mathis & Gary, LLP P.O. Box 1407
13 44 Montgomery Street,l Ste., 3580
San Francisco, CA 94104 San Carlos, CA, 94070
14 Phone: 650-796-8809
Phone: 415-615-7100
chorn@fmglaw.com Email: mhaesloop@chsdg.com
15
wI declare under penalty of perjury under the laws of the State of California that the above
16
is true and correct.
17
Executed on February 24, 2022, at San Jose, California.
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21 Lucy Gonzalez
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B URKE , W ILLIAMS &
S ORENSEN , LLP -1-
ATTORNEYS AT LAW
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Gregory J. Rubens, Esq., City Attorney SBN 129737 Burke, Williams and Sorensen, LLP 60 South Market Street, Suite 1000 San Jose, California 95113-2336 408.606.6300 TELEPHONE NO.: FAX NO. (Optional): 408.606.6333 grubens@bwslaw.com E-MAIL ADDRESS: ATTORNEY FOR (Name): Defendant City of San Carlos SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center, 1st Floor, Room A MAILING ADDRESS: 400 County Center, 1st Floor, Room A CITY AND ZIP CODE: Redwood City, CA 94063 BRANCH NAME: PLAINTIFF/PETITIONER: Melinda J. Ryan and Dawn C. Starr, Successor Trustees, Makela Descendant’s Trust created under Agreement dated August 26, 1997 DEFENDANT/RESPONDENT: Hyde Park Homeowners Association CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 21-CIV-02407 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Dept.: Dept. of The Date: March 3, 2022 Time: 9:00 a.m. Div.: Room: P Civil Commissioner Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Gregory J. Rubens, Esq. 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): Defendant, City of San Carlos 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): b. The cross-complaint, 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) 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. 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): First Amended Complaint for Declaratory Relief and Enforcement of Judgment. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: Melinda J. Ryan et al. CASE NUMBER: DEFENDANT/RESPONDENT: Hyde Park Homeowners Association 21-CIV-02407 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.) Plaintiff seeks to find that the defendant Hyde Park Homeowers Association is resposible for maintenance of the existing streets in support of an annexation to the City of San Carlos amd to enforce a previous judgment (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 triaI a nonjury 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. 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. days (specify number): 5 b. 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 by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference 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 of the California Rules of Court 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 has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 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) 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. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: Melinda J. Ryan CASE NUMBER: DEFENDANT/RESPONDENT: Hyde Park Homeowners Association 21-CIV-02407 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 Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement 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 Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial 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 Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: Melinda J. Ryan et al CASE NUMBER: DEFENDANT/RESPONDENT: Hyde Park Homeowners Association et al. 21-CIV-02407 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. 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 Other (specify): Status: 13. 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 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. 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): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for judgment on pleadings recently filed by defendant Hyde Park, to be heard on August 15, 2022 Motions in limine; discovery motions if necessary. 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant City of San Carlos Written Discovery June 2022 Defendant City of San Carlos Depositions Per Code Defendant City of San Carlos Expert Discovery Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: Melinda J. Ryan et al CASE NUMBER: DEFENDANT/RESPONDENT: Hyde Park Homeowners Association et al. 21-CIV-02407 17. 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 90-98 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 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): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, 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. Date: February 24, 2022 Gregory J. Rubens, Esq. â–º (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) â–º (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. SJ – San Jose #4889-7489-6642 v2 08344-0032 DRAFT CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 American LegalNet, Inc. www.FormsWorkFlow.com Ryan, et al. v. Hyde Park Homeowners Association, et al. San Mateo County Superior Court Case No.: 21-CIV-02404 1 2 PROOF OF SERVICE 3 I, Lucy Gonzalez, declare: 4 I am a citizen of the United States and employed in Orange County, California. I am over 5 the age of eighteen years and not a party to the within-entitled action. My business address is 60 6 South Market Street, Suite 1000, San Jose, CA 95113. On February 24, 2022, I served a copy of 7 the within document(s): 8 Case Management Statement 9 by transmitting via my electronic service address (bantle@bwslaw.com) the ïƒ½ï€ document(s) listed above to the person(s) at the e-mail address(es) set forth below. 10 Attorneys Defendants Hyde Park Attorney for Plaintiff Dawn C. Starr, 11 Homeowners Association, Inc., Mark Sobey Melinda J. Ryan 12 & Frank Dancs Mark Haesloop, Esq. Charles H. Horn, Esq. Law Offices of Mark Haesloop Freeman, Mathis & Gary, LLP P.O. Box 1407 13 44 Montgomery Street,l Ste., 3580 San Francisco, CA 94104 San Carlos, CA, 94070 14 Phone: 650-796-8809 Phone: 415-615-7100 chorn@fmglaw.com Email: mhaesloop@chsdg.com 15 wI declare under penalty of perjury under the laws of the State of California that the above 16 is true and correct. 17 Executed on February 24, 2022, at San Jose, California. 18 19 20 21 Lucy Gonzalez 22 23 24 25 26 27 28 B URKE , W ILLIAMS & S ORENSEN , LLP -1- ATTORNEYS AT LAW