Preview
CM-110
ATIORNEY OR PARTY WITHOUT ATIORNEY(Name. Stale Bar number. and address): FOR COURT USE ONLY
Kevin R . Nimmons SBN: 261577
REICKER PFAU PYLE & McROY LLP
1421 State Street, Suite B ELECTRONICALLY FILED
Santa Barbara, CA 93 l Ol Superior Court of California
TELEPHONE NO. 805 -966-2440 FAX NO. (OpUonal) 805-966-3320
County of Santa Barbara
E-MAIL ADDRESS (OplionaQ: knimmons@rppmh.com
Darrel E. Parker, Executive Officer
ATIORNEY FOR(Name): Defendants Andrew Wyles Waters; FCP Private LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANT A BARBARA
6/30/2021 11:55 AM
STREET ADDRESS 1100 Anacapa Street By: Elizabeth Spann, Deputy
MAILINGADDREssP.O. Box 21107
CITYANDz1P coDE:Santa Barbara, 93121-1107
BRANCHNAME: Santa Barbara - Anacapa Division
PLAINTIFF/PETITIONER: Mark Schaub, et al.
DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE CJ LIMITED CASE 20CV02113
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:J uly 16, 2021 Time : 8:30 a.m. Dept. : 4 Div.: Room :
Address of court (if different from the address above):
[X] Notice of Intent to Appear by Telephone, by (name): Kevin R. Nimmons, by Zoom
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. DD This statement is submitted by party (nameJ: Defendants Andrew Wyles Waters and FCP Private, LLC
b. D 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. D The cross-complaint, if any, was filed on (date) :
3. Service (to be answered by plaintiffs and cross-complainants only)
a. DD 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 DD complaint D cross-complaint (Describe, including causes of action):
Complaint: (1) Conversion ; (2) Intentional Mispresentation; (3) Concealment; and (4) Unjust Enrichment
Page 1 of 5
Form Ad opted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3. 720-3.730
CM-110 [Rev. July 1, 2011) www. courts.ca.gov
Westtaw Doc & Fann sunder
CM-110
CASE NUMBER:
- Mark Schaub, et al.
PLAINTIFF/PETITIONER:
20CV02113
DEFENDANT/RESPONDENT: Andrew Wyles Waters, 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.)
Plaintiff Mark Schaub alleges that "by mistake" he transferred millions of dollars to Defendants' accounts
and Defendants refuse to return the money. Plaintiffs also allege fraud and unjust enrichment.
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 [X] a jury trial D a nonjury trial. (If more than one parly, provide the name of each party
requesting a jury trial) . Andrew Waters and FCP Private, LLC
6. Trial date
a. D The trial has been set for (date):
b. Du 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) :
In 2021: June 25-July 7; August 18-24; November 19-26; December 24-31
7. Estimated length of trial
The party or parties estimate that the trial will take (check one) :
a. [xJ days (specify number) :4
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each parly)
The party or parties will be represented at trial [xJ 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 ~ntitled 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 Q 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 [R ev . July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Mark Schaub, et al.
DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al.
20CV02113
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):
D rvJediation session not yet scheduled
[XI D Mediation session scheduled for (date):
(1) Mediation
D Agreed to complete mediation by (date):
[XI Mediation completed on (date): June 22, 2021
[XI Settlement conference not yet scheduled
(2) Settlement [XI D Settlement conference scheduled for (date):
conference
D Agreed to complete settlement conference by (date):
D Settlement conference completed on (date):
D Neutral evaluation not yet scheduled
(3) Neutral evaluation D D Neutral evaluation scheduled for (date):
D Agreed to complete neutral evaluation by (date).
D Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
(4) Non binding judicial D D Judicial arbitration scheduled for (date):
arbitration
D Agreed to complete judicial arbitration by (date):
D Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private D D Private arbitration scheduled for (date):
arbitration
D Agreed to complete private arbitration by (date):
D Private arbitration completed on (date):
D ADR session not yet scheduled
D D ADR session scheduled for (date):
(6) Other (specify):
D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-110 [Rev. July 1, 2011) Page 3 of5
CASE MANAGEMENT STATEMENT
f'M.110
- PLAINTIFF/PETITIONERMark Schaub, et al.
DEFENDANT/RESPONDENTAndrew Wvles Waters, et al.
CASE NUMBER:
20CV02I l3
11 . Insurance
a. D Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: D
Yes D No
c. D 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.
D Bankruptcy D Other (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 will 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
[X] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues) :
Additional demurrer and motion to strike to the second amended complaint.
16. Discovery
a. DThe party or parties have completed all discovery.
b. Du The following discovery will be completed by the date specified (describe all anticipated discovery):
.!:.fil!y_ Description Date
Defendants The Court sustained the demurrer and granted the motion to strike with leave to amend Per Code
as to the demurrer. On June 14, 2021 , Plaintiff filed a Second Amended Complaint.
Defendants ' response is due on July 16, 2021. Defendants plan on filing an additional
demurrer to the second amended complaint because Plaintiffs have added two brand
new breach of contract causes of action and have not removed nor substantively
changed their unjust enrichment action.
c. [xJ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
The parties are meeting and conferring as of the date the Case Management Statement was filed.
CM-110[Rev. July 1, 2011] Page 4 of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER:Mark Schaub, et al. CASE NUMBER:
20CV02I l3
DEFENDANT/RESPONDENT:Andrew Wvles Waters. et al.
17. Economic litigation
a. CJ 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. D 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
[xJ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify) :
The parties held a CMADRESS session on June 22, 2021, which ended in nonagreement.
19. Meet and confer
a. [J[] 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):
The parties are meeting and conferring as of the date the CMC Statement was filed.
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
1 - Proof of Service
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: June 'P_, 2021
Kevin R. Nimmons
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
CJ Additional signatures are attached.
CM -110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2 I, the undersigned, say that I am a citizen of the United States, over 18 years of age, and
not a party to the within action. I am employed by the law firm of Reicker, Pfau, Pyle & McRoy
3
LLP, 1421 State Street, Ste. B, Santa Barbara, California 93101.
4
On June 30, 2021 , I served the within: CASE MANAGEMENT STATEMENT on the
5 interested parties listed below, as follows:
6 Matthew Donald Umhofer
Diane H. Bang
7 SPERTUS, LANDES & UMHOFER, LLP
1990 South Bundy Dr., Suite 705
8 Los Angeles, California 90025
Telephone: (310) 826-4 700
9 Facsimile: (310) 826-4711
Email: matthew@spertuslaw.com
10 Email: diane@spertuslaw.com
11
( ) (By Mail) I caused such document to be mailed in a sealed envelope, by first-class mail,
12 postage fully prepaid. I am "readily familiar" with this firm's practice of collection and
processing correspondence for mailing. It is deposited with the U.S. postal service on
13 that same day in the ordinary course of business. I am aware that on motion of party
served, service is presumed invalid if the postal cancellation date or postage meter date is
14 more than one (1) day after the date of deposit for mailing as stated in this declaration.
15 ( ) (By Personal Service) I caused such document to be delivered by hand.
16 ( ) (By FAX) I caused such document to be sent via facsimile transmission to the above-
listed addressee(s) and FAX number(s). This transmission was reported as complete and
17 without error.
18 ( X) ((By E-MAIL [CCP § 1010.6(a)(2)) On the date indicated on this Proof of Service, at
the time indicated on in the header of my electronic mail, I transmitted the foregoing
19 document(s) by electronic mail to one or more of the recipients at each firm indicated on
this Proof of Service. I caused the my computer to print or maintain a record of the
20 electronic mail to the recipients named in this Proof of Service, a true and correct copy of
which has been retained by Reicker, Pfau, Pyle & McRoy LLP in either hard copy or
21 electronic format in the ordinary course of business and is available for inspection if
necessary.
22
(X) (State) I declare under penalty of perjury pursuant to the laws of the State of California
23 that the foregoing is true and correct.
24 Executed June 30, 2021, at Santa Barbara, California.
25
26
27
28
PROOF OF SERVICE
Preview
CM-110 ATIORNEY OR PARTY WITHOUT ATIORNEY(Name. Stale Bar number. and address): FOR COURT USE ONLY Kevin R . Nimmons SBN: 261577 REICKER PFAU PYLE & McROY LLP 1421 State Street, Suite B ELECTRONICALLY FILED Santa Barbara, CA 93 l Ol Superior Court of California TELEPHONE NO. 805 -966-2440 FAX NO. (OpUonal) 805-966-3320 County of Santa Barbara E-MAIL ADDRESS (OplionaQ: knimmons@rppmh.com Darrel E. Parker, Executive Officer ATIORNEY FOR(Name): Defendants Andrew Wyles Waters; FCP Private LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANT A BARBARA 6/30/2021 11:55 AM STREET ADDRESS 1100 Anacapa Street By: Elizabeth Spann, Deputy MAILINGADDREssP.O. Box 21107 CITYANDz1P coDE:Santa Barbara, 93121-1107 BRANCHNAME: Santa Barbara - Anacapa Division PLAINTIFF/PETITIONER: Mark Schaub, et al. DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE CJ LIMITED CASE 20CV02113 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:J uly 16, 2021 Time : 8:30 a.m. Dept. : 4 Div.: Room : Address of court (if different from the address above): [X] Notice of Intent to Appear by Telephone, by (name): Kevin R. Nimmons, by Zoom INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. DD This statement is submitted by party (nameJ: Defendants Andrew Wyles Waters and FCP Private, LLC b. D 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. D The cross-complaint, if any, was filed on (date) : 3. Service (to be answered by plaintiffs and cross-complainants only) a. DD 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 DD complaint D cross-complaint (Describe, including causes of action): Complaint: (1) Conversion ; (2) Intentional Mispresentation; (3) Concealment; and (4) Unjust Enrichment Page 1 of 5 Form Ad opted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3. 720-3.730 CM-110 [Rev. July 1, 2011) www. courts.ca.gov Westtaw Doc & Fann sunder CM-110 CASE NUMBER: - Mark Schaub, et al. PLAINTIFF/PETITIONER: 20CV02113 DEFENDANT/RESPONDENT: Andrew Wyles Waters, 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.) Plaintiff Mark Schaub alleges that "by mistake" he transferred millions of dollars to Defendants' accounts and Defendants refuse to return the money. Plaintiffs also allege fraud and unjust enrichment. 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 [X] a jury trial D a nonjury trial. (If more than one parly, provide the name of each party requesting a jury trial) . Andrew Waters and FCP Private, LLC 6. Trial date a. D The trial has been set for (date): b. Du 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) : In 2021: June 25-July 7; August 18-24; November 19-26; December 24-31 7. Estimated length of trial The party or parties estimate that the trial will take (check one) : a. [xJ days (specify number) :4 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each parly) The party or parties will be represented at trial [xJ 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 ~ntitled 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 Q 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 [R ev . July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Mark Schaub, et al. DEFENDANT/RESPONDENT: Andrew Wyles Waters, et al. 20CV02113 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): D rvJediation session not yet scheduled [XI D Mediation session scheduled for (date): (1) Mediation D Agreed to complete mediation by (date): [XI Mediation completed on (date): June 22, 2021 [XI Settlement conference not yet scheduled (2) Settlement [XI D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled (3) Neutral evaluation D D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date). D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Non binding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled D D ADR session scheduled for (date): (6) Other (specify): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. July 1, 2011) Page 3 of5 CASE MANAGEMENT STATEMENT f'M.110 - PLAINTIFF/PETITIONERMark Schaub, et al. DEFENDANT/RESPONDENTAndrew Wvles Waters, et al. CASE NUMBER: 20CV02I l3 11 . Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D 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. D Bankruptcy D Other (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 will 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 [X] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues) : Additional demurrer and motion to strike to the second amended complaint. 16. Discovery a. DThe party or parties have completed all discovery. b. Du The following discovery will be completed by the date specified (describe all anticipated discovery): .!:.fil!y_ Description Date Defendants The Court sustained the demurrer and granted the motion to strike with leave to amend Per Code as to the demurrer. On June 14, 2021 , Plaintiff filed a Second Amended Complaint. Defendants ' response is due on July 16, 2021. Defendants plan on filing an additional demurrer to the second amended complaint because Plaintiffs have added two brand new breach of contract causes of action and have not removed nor substantively changed their unjust enrichment action. c. [xJ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): The parties are meeting and conferring as of the date the Case Management Statement was filed. CM-110[Rev. July 1, 2011] Page 4 of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER:Mark Schaub, et al. CASE NUMBER: 20CV02I l3 DEFENDANT/RESPONDENT:Andrew Wvles Waters. et al. 17. Economic litigation a. CJ 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. D 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 [xJ The party or parties request that the following additional matters be considered or determined at the case management conference (specify) : The parties held a CMADRESS session on June 22, 2021, which ended in nonagreement. 19. Meet and confer a. [J[] 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): The parties are meeting and conferring as of the date the CMC Statement was filed. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 1 - Proof of Service 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: June 'P_, 2021 Kevin R. Nimmons (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) CJ Additional signatures are attached. CM -110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 I, the undersigned, say that I am a citizen of the United States, over 18 years of age, and not a party to the within action. I am employed by the law firm of Reicker, Pfau, Pyle & McRoy 3 LLP, 1421 State Street, Ste. B, Santa Barbara, California 93101. 4 On June 30, 2021 , I served the within: CASE MANAGEMENT STATEMENT on the 5 interested parties listed below, as follows: 6 Matthew Donald Umhofer Diane H. Bang 7 SPERTUS, LANDES & UMHOFER, LLP 1990 South Bundy Dr., Suite 705 8 Los Angeles, California 90025 Telephone: (310) 826-4 700 9 Facsimile: (310) 826-4711 Email: matthew@spertuslaw.com 10 Email: diane@spertuslaw.com 11 ( ) (By Mail) I caused such document to be mailed in a sealed envelope, by first-class mail, 12 postage fully prepaid. I am "readily familiar" with this firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. postal service on 13 that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if the postal cancellation date or postage meter date is 14 more than one (1) day after the date of deposit for mailing as stated in this declaration. 15 ( ) (By Personal Service) I caused such document to be delivered by hand. 16 ( ) (By FAX) I caused such document to be sent via facsimile transmission to the above- listed addressee(s) and FAX number(s). This transmission was reported as complete and 17 without error. 18 ( X) ((By E-MAIL [CCP § 1010.6(a)(2)) On the date indicated on this Proof of Service, at the time indicated on in the header of my electronic mail, I transmitted the foregoing 19 document(s) by electronic mail to one or more of the recipients at each firm indicated on this Proof of Service. I caused the my computer to print or maintain a record of the 20 electronic mail to the recipients named in this Proof of Service, a true and correct copy of which has been retained by Reicker, Pfau, Pyle & McRoy LLP in either hard copy or 21 electronic format in the ordinary course of business and is available for inspection if necessary. 22 (X) (State) I declare under penalty of perjury pursuant to the laws of the State of California 23 that the foregoing is true and correct. 24 Executed June 30, 2021, at Santa Barbara, California. 25 26 27 28 PROOF OF SERVICE