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IVAN
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet Oct-31-2012 2:17 pm
Case Number: CGC-11-513259 Filing Date: Oct-31-2012 2:17 Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 03824248 CASE MANAGEMENT STATEMENT
SYDNEY GUREWITZ CLEMENS VS. CONNOR COCHRAN et al
001003824248
Instructions:
Please place this sheet on top of the document to be scanned.
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). David Stephen Zalob (SBN 064821) Attorney at Law One Embarcadero Center Suite 750 San Francisco, CA 94111 E-MAIL ADDRESS (Optional): AZ Law77@aol.com ATTORNEY FOR (Name: Plaintiff Sydney Gurewitz Clemens TELEPHONENO.: (415) 788-2465 — FAXNO. (Option): (415) 989-6773
: SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREET ADDRESS: 400 McAllister MAILING ADDRESS: 400 McAllister cityaNDziPcope:San Francisco, CA 94102 BRANCH NAME: Ci vil-Limited
PLAINTIFF/PETITIONER:Sydney Gurewitz Clemens
DEFENDANT/RESPONDENT:Connor Cochran; Conlan Press, Inc.
FOR COURT USE ONLY
F 8 i LED ounty of OCT 3 4 2012 CLERK 2 ve COURT BY: Deputy Clef
CASE MANAGEMENT STATEMENT
(Check one): UNLIMITED CASE [__] LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less)
CASE NUMBER:
CGC 11 513259
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 28, 2012 Time:2:00 P.M. Dept.: 610 Address of court (if different from the address above):
|__| Notice of Intent to Appear by Telephone, by (name):
Div.:
Room: 610
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 Gurewitz-Clemens 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): August 10, 2011 b. The cross-compiaint, if any, was filed on (dafe); November 3, 2011, as amended
3. Service (fo 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 X_| complaint [|] cross-complaint (Describe, including causes of action): Plaintiff claims the principal sum of $25,000.00 based on a written Memorandum of Agreement upon Defendants! failure to publish any of Plaintiff's works within twelve (--12--) months of the Agreement. rormicks Council af Calfornia CASE MANAGEMENT STATEMENT CM-110 [Rev. July 1, 2011] fete “ee Plus
Page 1 of § Cal. Rules of Court, rules 3.720—3.730
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PLAINTIFF/PETITIONER: Sydney Gurewitz Clemens CASE NUMBER:
-DEFENDANT/RESPONDENT: Connor Cochran; Conlan Press, Inc. | CGC 14 513259
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 eamings to date, and estimated future lost eamings. if equitable relief is sought, describe the nature of the relief.) This case is based upon a written agreement the only relevant condition of which calls for the return of plaintiff's "investment" in defendant company of $25,000.00 "if none of the Works are published by the Company within 12 months of the date of this Agreement." None of the Works was published.
[__] (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. (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. _X]| days (specify number): 2-3 X b. __] 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 Cc) by the following: a. Attorney:
ob. 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 for information about the processes available through the court and community programs in this case.
(1) For parties represented by counsel: Counsel [X] has [|] hasnot 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.
(8) |] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 Rev. July. 2047 CASE MANAGEMENT STATEMENT Page 20f8
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CM-110
PLAINTIFF/PETITIONER: Sydney Gurewitz Clemens CASE NUMBER.
DEFENDANT/RESPONDENT: Connor Cochran; Conlan Press, Inc.
CGC 11 513259
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 this form are willing to participate in the following ADR processes (check all that apply):
If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties’ ADR 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 [J [| 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): July 6, 2012 [__] 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 : ADR session scheduled for (date):
(6) Other (specify): [
[___ Agreed to complete ADR session by (date):
[__ ADR completed on (date):
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT
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PLAINTIFF/PETITIONER: Sydney Gurewitz Clemens CASE NUMBER:
CM-110
| DEFENDANT/RESPONDENT: Connor Cochran; Conlan Press, Inc. Cac 11 513259
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. [|] Amotionto [__] consolidate [| coordinate will be filed by (name party):
14. Bifurcation L__| 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 Summary Judgment; Summary Adjudication of Issues.
16. Discovery a. |__| The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe ail anticipated discovery): Party Description Date
c. |__| The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify):
CM-140 [Rev July 1, 2011 CASE MANAGEMENT STATEMENT Page 40f6
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‘ 9 @ PLAINTIFF/PETITIONER: Sydney Gurewitz Clemens CASE NUMBER:
CM-110
| DEFENDANT/RESPONDENT: Connor Cochran, Conlan Press, Inc. CGC 11 513259
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); Plaintiff's continued Motion to Strike Request for Trial de Novo of Defendant Conlan Press, Inc., will be heard in Department 302 on December 3, 2012 at 9:30 A.M. to give Defendant an opportunity to obtain a Certificate of Revivor.
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): - 0 - | 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: December 28, 2011 David S. Zalob (TYPE OR PRINT NAME) »
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
{_] Additional signatures are attached.
ON-110 (Rev. duly 1, 2044] CASE MANAGEMENT STATEMENT Page § of §
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POS-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David Stephen Zalob (SBN 064821)
Attorney at Law One Embarcadero Center Suite 750 San Francisco, CA 94111 TELEPHONENO.: (415) 788-2465 — FAXNO. (Optiona): (415) 989-6773 E-MAIL ADDRESS (Optional): AZlaw77@aol.com ATTORNEY FOR (Name): Plaintiff Sydney Gurewitz Clemens
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco streetappress: 400 McAllister MAILING ADDRESS: 400 McAllister ciryanpzipcooe: San Francisco, CA 94102 BRANCH NAME: Civil-UnLimited
PETITIONER/PLAINTIFF: Sydney Gurewitz Clemens
RESPONDENT/DEFENDANT: Connor Cochran; Conlan Press, Inc.
CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL-—CIVIL Cac 11 513259
(Do not use this Proof of Service to show service of a Summons and Complaint.)
1. lam over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place.
2. My residence or business address is: One Embarcadero Center, Ste. 750, S.F. CA 94111
3. On (date): 10/31/2012 | mailed from (city and state):;San Francisco, CA the following documents (specify); Plaintiff Sydney Gurewitz Clemens' Case Management Statement
[| The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served) (form POS-030(D)).
4. | served the documents by enclosing them in an envelope and (check one):
al] depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b. LX | placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.
5, The envelope was addressed and mailed as follows:
a. Name of person served: Nancy Lofdahl
b. Address of person served: 870 Market Street, Suite 1112 San Francisco, CA 94102
|__] The name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (POS-030(P)).
| declare under penalty of perjury under the laws of the State of California that thé for ng is true and correct. Date: 10/31/2012 a
David §. Zalob > CA ( . act _
(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETINA THIS FORM) FO Oye To eatne PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL [Legal CO fC Procedure, 88 1019, 10132 POS-030 [New January 4, 2005) (Proof of Service) Solut gis us
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