Page 1 19CVSanta Clara – Civil
System System
ATTQRNEY QR PARTY wlTHQUT ATTDR EY
CM-
IN, sl le aa
Im,
f I
IRid less Law Qfffce
A. Ridless, (SBN 195413)
500 Washington Street, Suite
Joshua
San Francisco, CA 94111-FAx No foPlonalt (415) 480-TELEPHQNE No (415)( 614-E.M*it AoDREss topsonaii jr@ridlesslaw.corn
ATTDRNEYFDRINamel Defendant Julia Lee-Kim
SUPERIQR coURT QF cALIFQRNIA, coUNTY QF Sail Fi ailclsco
ETREETADDREEE
FOR COURT USE ONLY
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 9/30/2019 3:38 PM
Reviewed By: System System
Case #19CVEnvelope:
191 N. First St.
MAILING ADDRESS
DIT
ANDZIPcoDE:
BRANcH NAME.
San Jose CA Supenor Court
PLAINTIFF/PETITIONER:
DEFENDANT/REsPQNDENT:
TZUHSIN YANG
Julia Kim
CASE NUMBER
CASE MANAGEMENT STATEMENT
MY'NLIMITED CASE
(Check one)f
(Amount demanded
exceeds $ 25,000)
A CASE MANAGEMENT CONFERENCE is
W
(Amount demanded is $ 25,or less)
scheduled as follows:
Time: 3:45 pm
Date: 10/15/
19CV
LIMITED CASE
Dept.:
Div.
Civil
Room.
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name)t Joshua A. Ridless
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1.
Party or parties (answer one):
This statement is submitted by party (name): Defendant Julia Lee
a. ~E
This statement is submitted jointly by parties (names):
b.
~
2.
Complaint and cross-complaint (to be answered by p/a/nttrfs and cross-comp/a/nants only)
a. The complaint was filed on (da/e): 3/20/b.
The cross-complaint, if any, was filed on (date):
M
3.
Service (to he answered hy p/atntiffs and cross-comp/ainants only)
a MW
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
b.
have not been served (specify names and explain why not):
(1)
c.
4.
~ ~
~
~
~
(2)
have been served but have not appeared and have not been dismissed (speci/'y names):
(3)
have had a default entered against them (specify names):
The following additional parties may be added (specify names, nature ofinvo/vernant in case, and date hy which
they may Oe served):
Description of case
a.
Type ofcasein ~v
complaint
cross-complaint
(Descnhe, inc/udrng causes of act/on):
defamation
Page I or Form Adopted tor Mandatmy Use
Judmal Counaf of Calrfomra
CM.110 IReu July 1, 2011I
CASE MANAGEMENT STATEMENT
Cal RulesofCoun,
rules 3 720-3
~
oou ts oa goPage 2 CM-CASE
PLAINTIFF/PETITIONER: TZUHSIN YANG
NUMBER'9CV
DEFENDANT/RESPONDENT: Julia Kim
4. b.
Provide a bnef statement of the case, including any damages. (If personal injury damages are sought, specify Ihe injury and
damages claimed, mciuding medical expenses Io date (indicate source and amount), estimated future medical expenses, lost
earnings Io date, and estimated fuiure lost earnings. If equitable relief is sought, describe the nature of the relief)
Plaintiff claims a breach of contract on the part of Defendant Drake Investors, LLC. Defendant has filed a
demurrer as the agreement requires the parties first mediate and then submit to arbitration.
(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
Zj alury
trial
M a nonjury
trial.
(Ifmore Ihan one party, provide the name ofeach party
requesting ajury friar):
6.
~
~
Trial date
The trial has been set for (dale):
a.
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.
7.
Dates on which parties or attorneys will not be available for tnal (specify dates and explain reasons for unavai/ability)
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. ~J days (specify number): hours (short causes) (specify):
b.
~
~
representation (Io be answered for each party)
The party or parties will be represented at tnal
a. Attorney:
8. Trial
b.
c.
d.
e.
by the attorney or party listed in the caption
by the following:
Firm:
Address:
Telephone number:
E-mail addresm
Additional representation is descnbed in Attachment
f.
g.
C9.
~
Fax number:
Party represented:
Preference
This case is entitled to preference (specify code section):
dispute resolution (ADR)
ADR information package. Please note that different ADR processes are available
10. Alternative
a.
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.
has not provided the ADR information package identified
(1) For parties represented by counsel: Counsel CZ has
in rule 3.221 to the ckent and reviewed ADR options with the client.
M
(2) Forself-represented parties: Party
b.
~
~
~
C
has
M has not reviewed the ADR information package identified
in rule 3.221.
Referral to judicial arbitration or civil action mediation (if available).
This matter is subject to mandatory ludicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
(1)
mediation under Code of Ciwl Procedure section 1775 3 because the amount in controversy does not exceed the
statutory limit.
(2)
(3)
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount speafied in Code of
Procedure section 1141 11.
Civil
This case is exempt from judiaal arbitration under rule 3.811 of the Cahfornia Rules of Courtor from civil action
mediation under Code of Ciwl Procedure section 1775 et seq. (specrty exemption):
CM-110 IReu July 1, 2011]
CASE MANAGENIENT STATEMENT
Reee2ofePage 3 CM-1 CASE NUMEER
PLAINTIFF/PETITIONER'ZUHSIN YANG
19CV
EFENDANT/RESPONDENT: Julia Kim
process or processes that the psny or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide lhe spec(lied information):
10. c. Indicate the ADR
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'DR
processes (check a/I that apply)i stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (dale):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement
conference
Settlement conference scheduled for (dale):
Agreed to complete settlement conference by (date)
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (dale):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (dale):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbindmg iudicial
arbitration
Judicial arbitration scheduled for (dale):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private
arbitration
Private arbitration scheduled for (dale):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date)
ADR session not yet scheduled
ADR session scheduled for (dale):
(6) Other (specify):
Agreed to complete ADR session by (date)
ADR completed on (date):
CM-110 IRou July 1, 2011]
CASE MANAGEMENT STATEMENT
Pago 3 of Page 4 CM-PLAINTIFF/PETITIONER:
DEFENDANT/REsPDNDENT:
11.
~
~
CASE NUMBER
TZUHSIN YANG
19CV
Julia Kim
Insurance
a.
b.
c.
Insurance carrier, if any, for party fikng this statement (name):
No
Yes
Reservation of rights:
Coverage issues will significantly affect resolution of this case (exp/ain):
H
H
Jurisdiction
12.
Indicate any matters that may affect the court's junsdiction or processing of this case and descnbe the status.
Other (speci/y):
Bankruptcy
~
~
H
Status:
13 Related
cases, consolidation, and coordination
~
~
b.
There are companion, underlying, or related cases.
(1) Name of case
(2) Name of court,
(3) Case number:
(4) Status;
Additional cases are descnbed in Attachment 13a.
A motion to
~
consolidate
~
coordinate
will be filed by (name party):
14. Bifurcation
a motion for an order bifurcating, sevenng, or coordinating the following issues or causes of
M The
party or parties intend to
action (specify moving party, type of motion, and reasons):
file
15.
~
16.
Other motions
The party or parties expect to file the following motions before trial (spemfy moving party, type of molion, and issues)
Motion for summary judgment
~
Discovery
a.
The party or parties have completed all discovery
b. ~v The following discovery will be completed by the date specified (descnbe ai( anticipated discovery):
~Part
Defendant
Defendant
~
Descriotion
Date
Written Discovery
Plaintli'fs deposition
11/1/12/1/
The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (speci/y).
CM.110 [Ruu July 1, 2011)
CASE MANAGEMENT STATEMENT
PPS
4MSPage 5 CM-PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT;
17.
TZUHSIN YANG
19CV
Julia Kim
Economic litigation
a.
b
18.
~
~
CASE NUMBER
~
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.
This is a limited mvil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, axp/ain specifical/y why economic I/ligation procedures relaling lo discovery or Irial
should not apply lo this case):
Other issues
The party or parties request that the following additional matters be considered or determmed at the case management
conference (spec/fy):
19. Meet and
a. ~Z
b.
confer
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 nol, explain):
After meeting and conferring as required by rule 3 724 of the California Rules of Court, the parties agree on the following
(speci/y):
20. Total number of pages attached (i/any):
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.
I
Date; 9/30/
Joshua A. Ridless
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME)
CM-110 IRou Juir I, 2011]
(SIGNATURE OF PARTY OR ATTORNEY)
~
(SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached
CASE MANAGEMENT STATEMENT
Pago
of 6
PDF Page 1
PlainSite Cover Page
PDF Page 2
19CV349841
Santa Clara – Civil
System System
ATTQRNEY QR PARTY wlTHQUT ATTDR EY
CM-110
IN, sl le aa
Im,
f I
IRid less Law Qfffce
A. Ridless, (SBN 195413)
500 Washington Street, Suite 700
Joshua
San Francisco, CA 94111-2939
FAx No foPlonalt (415) 480-1398
TELEPHQNE No (415)( 614-2600
E.M*it AoDREss topsonaii jr@ridlesslaw.corn
ATTDRNEYFDRINamel Defendant Julia Lee-Kim
SUPERIQR coURT QF cALIFQRNIA, coUNTY QF Sail Fi ailclsco
ETREETADDREEE
FOR COURT USE ONLY
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 9/30/2019 3:38 PM
Reviewed By: System System
Case #19CV349841
Envelope: 3459712
191 N. First St.
MAILING ADDRESS
DIT
ANDZIPcoDE:
BRANcH NAME.
San Jose CA 95113
Supenor Court
PLAINTIFF/PETITIONER:
DEFENDANT/REsPQNDENT:
TZUHSIN YANG
Julia Kim
CASE NUMBER
CASE MANAGEMENT STATEMENT
MY'NLIMITED CASE
(Check one)f
(Amount demanded
exceeds $ 25,000)
A CASE MANAGEMENT CONFERENCE is
W
(Amount demanded is $ 25,000
or less)
scheduled as follows:
Time: 3:45 pm
Date: 10/15/19
19CV349841
LIMITED CASE
Dept.: 2
Div.
Civil
Room.
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name)t Joshua A. Ridless
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1.
Party or parties (answer one):
This statement is submitted by party (name): Defendant Julia Lee
a. ~E
This statement is submitted jointly by parties (names):
b.
~
2.
Complaint and cross-complaint (to be answered by p/a/nttrfs and cross-comp/a/nants only)
a. The complaint was filed on (da/e): 3/20/14
b.
The cross-complaint, if any, was filed on (date):
M
3.
Service (to he answered hy p/atntiffs and cross-comp/ainants only)
a MW
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
b.
have not been served (specify names and explain why not):
(1)
c.
4.
~ ~
~
~
~
(2)
have been served but have not appeared and have not been dismissed (speci/'y names):
(3)
have had a default entered against them (specify names):
The following additional parties may be added (specify names, nature ofinvo/vernant in case, and date hy which
they may Oe served):
Description of case
a.
Type ofcasein ~v
complaint
cross-complaint
(Descnhe, inc/udrng causes of act/on):
defamation
Page I or 3
Form Adopted tor Mandatmy Use
Judmal Counaf of Calrfomra
CM.110 IReu July 1, 2011I
CASE MANAGEMENT STATEMENT
Cal RulesofCoun,
rules 3 720-3 730
~
oou ts oa go
PDF Page 3
CM-110
CASE
PLAINTIFF/PETITIONER: TZUHSIN YANG
NUMBER'9CV349841
DEFENDANT/RESPONDENT: Julia Kim
4. b.
Provide a bnef statement of the case, including any damages. (If personal injury damages are sought, specify Ihe injury and
damages claimed, mciuding medical expenses Io date (indicate source and amount), estimated future medical expenses, lost
earnings Io date, and estimated fuiure lost earnings. If equitable relief is sought, describe the nature of the relief)
Plaintiff claims a breach of contract on the part of Defendant Drake Investors, LLC. Defendant has filed a
demurrer as the agreement requires the parties first mediate and then submit to arbitration.
(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
Zj alury
trial
M a nonjury
trial.
(Ifmore Ihan one party, provide the name ofeach party
requesting ajury friar):
6.
~
~
Trial date
The trial has been set for (dale):
a.
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.
7.
Dates on which parties or attorneys will not be available for tnal (specify dates and explain reasons for unavai/ability)
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. ~J days (specify number): 3
hours (short causes) (specify):
b.
~
~
representation (Io be answered for each party)
The party or parties will be represented at tnal
a. Attorney:
8. Trial
b.
c.
d.
e.
by the attorney or party listed in the caption
by the following:
Firm:
Address:
Telephone number:
E-mail addresm
Additional representation is descnbed in Attachment 8
f.
g.
C3
9.
~
Fax number:
Party represented:
Preference
This case is entitled to preference (specify code section):
dispute resolution (ADR)
ADR information package. Please note that different ADR processes are available
10. Alternative
a.
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.
has not provided the ADR information package identified
(1) For parties represented by counsel: Counsel CZ has
in rule 3.221 to the ckent and reviewed ADR options with the client.
M
(2) Forself-represented parties: Party
b.
~
~
~
C3
has
M has not reviewed the ADR information package identified
in rule 3.221.
Referral to judicial arbitration or civil action mediation (if available).
This matter is subject to mandatory ludicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
(1)
mediation under Code of Ciwl Procedure section 1775 3 because the amount in controversy does not exceed the
statutory limit.
(2)
(3)
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount speafied in Code of
Procedure section 1141 11.
Civil
This case is exempt from judiaal arbitration under rule 3.811 of the Cahfornia Rules of Courtor from civil action
mediation under Code of Ciwl Procedure section 1775 et seq. (specrty exemption):
CM-110 IReu July 1, 2011]
CASE MANAGENIENT STATEMENT
Reee2ofe
PDF Page 4
CM-1 10
CASE NUMEER
PLAINTIFF/PETITIONER'ZUHSIN YANG
19CV349841
EFENDANT/RESPONDENT: Julia Kim
process or processes that the psny or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide lhe spec(lied information):
10. c. Indicate the ADR
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'DR
processes (check a/I that apply)i stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (dale):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement
conference
Settlement conference scheduled for (dale):
Agreed to complete settlement conference by (date)
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (dale):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (dale):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbindmg iudicial
arbitration
Judicial arbitration scheduled for (dale):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private
arbitration
Private arbitration scheduled for (dale):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date)
ADR session not yet scheduled
ADR session scheduled for (dale):
(6) Other (specify):
Agreed to complete ADR session by (date)
ADR completed on (date):
CM-110 IRou July 1, 2011]
CASE MANAGEMENT STATEMENT
Pago 3 of 3
PDF Page 5
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/REsPDNDENT:
11.
~
~
CASE NUMBER
TZUHSIN YANG
19CV349841
Julia Kim
Insurance
a.
b.
c.
Insurance carrier, if any, for party fikng this statement (name):
No
Yes
Reservation of rights:
Coverage issues will significantly affect resolution of this case (exp/ain):
H
H
Jurisdiction
12.
Indicate any matters that may affect the court's junsdiction or processing of this case and descnbe the status.
Other (speci/y):
Bankruptcy
~
~
H
Status:
13 Related
cases, consolidation, and coordination
~
~
b.
There are companion, underlying, or related cases.
(1) Name of case
(2) Name of court,
(3) Case number:
(4) Status;
Additional cases are descnbed in Attachment 13a.
A motion to
~
consolidate
~
coordinate
will be filed by (name party):
14. Bifurcation
a motion for an order bifurcating, sevenng, or coordinating the following issues or causes of
M The
party or parties intend to
action (specify moving party, type of motion, and reasons):
file
15.
~
16.
Other motions
The party or parties expect to file the following motions before trial (spemfy moving party, type of molion, and issues)
Motion for summary judgment
~
Discovery
a.
The party or parties have completed all discovery
b. ~v The following discovery will be completed by the date specified (descnbe ai( anticipated discovery):
~Part
Defendant
Defendant
~
Descriotion
Date
Written Discovery
Plaintli'fs deposition
11/1/19
12/1/19
The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (speci/y).
CM.110 [Ruu July 1, 2011)
CASE MANAGEMENT STATEMENT
PPS
4MS
PDF Page 6
CM-110
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT;
17.
TZUHSIN YANG
19CV349841
Julia Kim
Economic litigation
a.
b
18.
~
~
CASE NUMBER
~
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.
This is a limited mvil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, axp/ain specifical/y why economic I/ligation procedures relaling lo discovery or Irial
should not apply lo this case):
Other issues
The party or parties request that the following additional matters be considered or determmed at the case management
conference (spec/fy):
19. Meet and
a. ~Z
b.
confer
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 nol, explain):
After meeting and conferring as required by rule 3 724 of the California Rules of Court, the parties agree on the following
(speci/y):
20. Total number of pages attached (i/any):
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.
I
Date; 9/30/19
Joshua A. Ridless
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME)
CM-110 IRou Juir I, 2011]
(SIGNATURE OF PARTY OR ATTORNEY)
~
(SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached
CASE MANAGEMENT STATEMENT
Pago
6
of 6