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ATTORNEY OR FARTY WITHOUT ATTORNEY (Name, Stete Sar tumber, and address):
Dana Sack, SBN 92425 Fl LE D BY FAX
Sack Rosendin, LLP
1437 Leimert Blvd., Ste. B ALAMEDA COUNTY
Oakland CA 94602 Movember 18, 2020
TELEPHONE NO: 510-286-2200 FAX NO, (Option: None CLERK OF |
E-MAIL ADDRESS (Optional: da@sackrosendin.cam THE SUPERIOR GOURT
ATTORNEY FOR (Nemes): Plaintiff Mark Bulwinkle By Shabra lyamu, Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY GF ALAMEDA ctASE NUMBER:
STREET ADDRESS: 24405 Amador Street T RG20066469
MAILING ADDRESS; Same
CITY AND zIF CODE: Hayward 94544
BRANGH NAME: Hayward Hail of Justice
PLAINTIFF/PETITIONER: Mark Bulwnkle
DEFENDANT/RESPONDENT: Barnes and Lee & Associates
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [02] UNLIMITED CASE [7] LIMITED CASE RE20 066469
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: Dacember 5, 2020 Time: 9:00 a.m. Dept.; 25 Div.: Room:
Address of court (if different from the address above):
[2] Notice of Intent to Appear by Telephone, by (name): Dana Sack
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one);
a. [4] This statement is submitted by party (name): Mark Bulwinkle
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): November 18, 2019
b. [__] The cross-compiaint, if any, was filed on (date):
3. Service (fo ba answered by plaintiffs and Gross-complainants only)
a, [5C] All parties named in the complaint and cross-complaint have been served, have appaared, or have heen dismissed,
b. [__] The following parties named in the complaint or cross-complaint
(1) [[7] 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):
@) ["7] 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 ofcasein [_x] complaint C=] cross-complaint (Describe, including causes of action):
Professional negligence and Breach of Fiduciary Duty
Page
1 of 5
Form Adopind far Mandetory Use
Judicial Council of Galifornia
CASE MANAGEMENT STATEMENT Ceian ao 7
CM-110 [Rev. July 2, 2071) Www. courts.ce,.gov
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PLAINTIFF/FETITIONER: Mark Bulwnkle CASE NUMBER:
DEFENDANT/RESPONDENT: Barnes and Lee & Associates RG20 066489
4.b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, incitiding medical expenses to date [indicate source and amount}, estimated future medical expanses, lost
eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief)
Defendants were the sales agent and broker for the sale of Plaintiff's land, Defendanis undervalued the land. Defendants knew
and did not tell Plaintiff, that the land had been re-zoned from 2 homes to 7 homes. Defendants persuaded Plaintiff to sell hand
for $400,000.00 less than its true value.
[7] (lf more space is needed, check this box and attach a page designated as Attachment 4b.)
6. Jury or nonjury trial
a. The party or parties request [*] @jury trial [__] a nonjury trial. (/f 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):
Trial counsel for Ptaintiff has trials in April 2021 and June 2021.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 3
b. [-_] hours (short causes) (specify):
8. Trial representation (fo be answered for each party)
The party or parties will be represented attrial [x] by the attorney or party listed inthe caption [__] by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telaphone number: f. Fax number:
. E-mail address: g. Party represented:
[*] Additional representation is described in Attachment 8.
9. Preference
(“"] This case is antitled ta praference (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 [__] hasnet 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 ta mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Gade 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 recavery to the amount spacified in Code of
Civil Procedure section 1147.11.
(3) This case is exempt from judicial arbitration under rule 3.8114 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
(b)(6) not amenable to resolution by judicial arbitration.
GM-T10 Tov. duly 1, 20747 CASE MANAGEMENT STATEMENT Page
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PLAINTIFF/PETITIONER: Mark Bulwnkle CASE NUMBER:
RG20 066469
DEFENDANT/RESPONDENT: Barnes and Lee & Associates
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 lf 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 parfies' ADR
processes (check aif that apply); Stipulation):
[7] Mediation session not yet scheduled
Mediati CJ L__] Madiation session scheduled for (date):
(1) Mediation [-] Agreed to complete mediation by (date):
[] Mediation completed on (cata):
[42] Settlement conference not yet scheduled
(2) Settlement Ge] [__] 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):
eutral ti
(3) Neutral evaluation Cx] (__j Agreed to complate neutral evaluation by (date):
[7] Neutral evaluation completed on (date):
(C=) Judicial arbitration not yet scheduled
(4) Nonbinding judicial Co [_] Judicial arbitration scheduled for (date):
arbitration [_] Agreed to complete judicial arbitration by (date):
(J dudicial arbitration completed on (date):
(_] Private arbitration nat yet scheduled
(5) Binding private Ty [_] Private arbitration scheduled for (date):
arbitration [7] Agreed to complete private arbitration by (date):
[_] Private arbitration completed on (date).
[) ADR sesston not yet scheduled
ADR session scheduled for (date):
(6) Other (specify): C3]
[_] Agreed to complete ADR session by (date):
[_,] ADR completed on (date):
CM.-419 [Rev. duly 1, 2014}
CASE MANAGEMENT STATEMENT Page
3 of §
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CM-110
PLAINTIFF/PETITIONER: Mark Bulwnkle CASE NUMBER:
RG20 066469
DEFENDANT/RESPONDENT,; Barnes and Lee & Associates
11. Insurance
a. (] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [7] Yes [7_] No
¢. [__] 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 ihe status.
[7] 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 deseribed in Attachment 13a.
b. (__]| Amotion ta (-} consolidate [77] coordinate will be filed by (name party):
14, Bifurcation
[J The party or parties intend to file a motion for an order bifureating, severing, or coordinating the following issues or causes af
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):
16. Discovery
a. [__] The party or parties have completed all discovery.
b. The following discovery will be completed by the date spacified (describe all anticipated discovery):
Party Desctiption
jw
fsee
|io
c. [_] The foliowing discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
GAAND TR@v. daly
1, 2011) CASE MANAGEMENT STATEMENT Page 4 of 6
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PLAINTIFF/PETITIONER: Mark Bulwnkle CASE NUMBER:
DEFENDANTIRESPONDENT: Barnes and Lee & Associatas RG20 046469
17. Economic litigation
a. [__] This is a limited civil case (L.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 casa,
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 discavery or trial
should not apply to this case):
18. Other issues
[7] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meat 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 (ff any): 1 POS
| 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 caised by this statement, and will possess the authority ta enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: November 17, 2020
a . > oF Ot
Dana Sack, for Plaintiff Mark Bulwinkle
(TYPE OR PRINT NAME} t (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[] Additional signatures are attached,
Page 6 of &
GMet40 Rev. July 1, 2014] CASE MANAGEMENT STATEMENT
BACK OFFICE2746 PAGE ar/a?
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Bulwinkle v, Barnes and Lee & Associates
ACSC Case No, RG20 066469
PROOF OF SERVICE
The undersigned hereby declares as follows:
Tam employed in the County of Alameda, State of California. ] am over the age of
eighteen years and not a party to the within entitled cause; my business address is 1437 Leimert
Blvd., Ste. B, Oakland CA 94602.
Tam readily familiar with the firm's practice of collection and processing correspondence
10 documents for mailing. It is deposited with the United States Postal Service on that same day in
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the ordinary course of business. I am aware that on motion of the party or parties served that
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service is presumed invalid if the postal cancellation date or postage meter date is more than one
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(1) day after the date of depositing for mailing.
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On November 18, 2020, 1 caused the attached Plaintiff's Case Management Conference
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Statement, addressed as follows:
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17 Peter C. Catalanotti
Michael V. Shepherd
18 Wilson, Elser, Moskowitz, et al.
525 Market Street, 17th Floor
19 San Francisco, CA 94105-2725
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I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct.
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Executed on November 18, 2020, at Oakland, California.
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Kevin Si 5
25
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