Statement Case Management Conference

Cal. Super. - 6th Dist.February 24, 2021

21 CV376460 Santa Clara - Civil §M- L0 ATTORNEY on PARTY WITHOUT ATTORNEY (Name, State Bar number, andaadress): Fon counr USE ONLY "yum” 0’ °tem Daniel W. Ballesteros (SBN 142003) / Ashlee N. Cherry (SBN 312731) HOGE, FENTON, JONES & APPEL, INC. Electronically Filed 55 South Market Street, #900 by superior Court of CA, San Jose, California 951 1 3 TELEPHONE N0.: 408.287.9501 FAX N0. (Optional): 408.287.2583 E-MAIL ADDRESS (Optional): dan.ballesteros@hogefenton.com /ashlee.cherry@hogefenton.com County of Santa Clara, on 6/21/2021 4:55 PM Reviewed By: System System Case #21 CV376460 Envelope: 6692191 ATrORNEY FOR (Name): Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, CA 951 1 3 BRANCH NAME: Downtown Courthouse PLAINTIFF/PETITIONER: Janet Bocek, et al. DEFENDANT/RESPONDENT; Vahe Tashjian, et al. CASE MANAGEMENT STATEMENT Eqsévgg'aso (Check one): E UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 6, 2021 Time: 3:00 p.m. Dept: 20 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Ashlee N. Cherry INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. g This statement is submitted by party (name): Plaintiffs, JANET BOCEK, GARY LAINE, JUDY LAINE, TOM PARE, DIANA PARE, CATHERINE HUNG, TOD FUKUSHIMA, LOURDES MARTINEZ, APN4, LLC, HEYMAN FAMILY TRUST, and SHORESIDE DIRECTED TRUST 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): February 24, 2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. g 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 E complaint D cross-complaint (Describe, including causes of action): COMPLAINT FOR DAMAGES FOR: (1) BREACH 0F CONTRACT; (2) BREACH 0F THE IMPLIED COVENANT 0F GOOD FAITH AND FAIR DEALING; (3) BREACH 0F FIDUCIARY DUTY; (4) FRAUD; (5) CONVERSION; (6) APPOINTMENT 0F A RECEIVER (Cal. Code Civ. Proc. § 564, subd. (b)(1), (9)); (7) DISSOLUTION (Cal. Corp. Code § 177707.03); (8) INJUNCTIVE RELIEF. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California rules 3720-3130 CM-110[Rev.Ju|y1,2011] . . . American LegalNet, Inc. www.FormsWorkFlow.coma4452657 CM-1 10 PLAINTIFF/PETITIONER: Janet Bocek et al. CASE NUMBER: _ ’ 21 CV376460 DEFENDANT/RESPONDENT: Vahe Tashjian, et al. 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) See Attachment. g (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or noniury trial The party or parties request E a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trialdate a. D Thetrialhas been setfor(date): b. E 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 wi|| not be available for trial (specify dates and explain reasons for unavailability): See Attachment. 7. Estimated length of trial The party or parties estimate that the trial wi|| take (check one): a. E days (specify number): 5-7 days b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial g 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-mailaddress: g. Partyrepresented: D Additional representation is described in Attachment 8. 9. Preference D 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 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 seIf-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-“OIReV- Ju'vt 2°“! CASE MANAGEMENT STATEMENT Pam”_c»www.FormsWorkFlow.com . CM-1 10 PLAINTIFF/PETITIONER: Janet Bocek, et al. D-EFENDANT/RESPONDENT: Vahe Tashjian, et al. CASE NUMBER: 21 CV376460 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'ADF? stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): April 16, 2021 (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date) .' Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DEED DEED DEED DEED DEED EDGE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM»1 10 [Rev. July 1, 2011] 4452657 CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.coma CM-1 10 PLAINTIFF/PETITIONER: Janet Bocek, et al. CASE NUMBER_ __ 21 CV376460 DEFENDANT/RESPONDENT: Vahe Tashjlan, et al. 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 wi|| 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. E There are companion, underlying, or related cases. (1) Name of case: See No. 18 (“Other Issues”) (2) Name of court: (3) Case number: (4) Status: g Additional cases are described in Attachment 13a. b. D Amotionto D consolidate D coordinate willbefiled by (nameparty): 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 E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Discovery motions; motions in limine 16. Discovery a. D The party or parties have completed all discovery. b X The following discovery will be completed by the date specified (describe all anticipated discovery):m Descrigtion % Plaintiffs Written Discovery Per Code Plaintiffs Depositions Per Code Plaintiffs Expert Discovery Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM»110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page4of5 4452657 American LegalNet, Inc. Qwww.FormsWorkFlow.com CM-1 10 PLAINTIFF/PETITIONER: Janet Bocek, et al. CASE NUMBER:_ 21 CV376460 DEFENDANT/RESPONDENT: Vahe Tashjian, et al. 17. Economic litigation a. D 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 g The party or parties request that the following additional matters be considered or determined at the case management conference (specify): On March 29, 2021, Plaintiffs filed a Notice of Related Case identifying 12 other related cases. On April 1, 2021, the Plaintiff in the matter entitled Barco, etal. v. Tashjian, etal., Santa Clara County Case No. 2OCV371 734, filed a Notice of Related Case identifying this action as related to that litigation. 19. Meet and confer a. X 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): | am completely familiar with this case and wi|| be fully prepared to discuss the status of discovery and alternative dispute resolution. as well as other issues raised by this statement. and wi|| 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 21, 2021 Ashlee N. Cherry _WU W (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) b (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM»110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page50f5 4452657 American LegalNet, Inc. awww‘FormsWorkFlowfiom 4453269 CM-110 - ATTACHMENT 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.) Plaintiffs are individual investors in Defendant 5150 ECR Group, LLC. Defendant 5150 ECR Group, LLC owns the real property located at 5150 El Camino Real in Los Altos ("the Property"), and in April 2018, Plaintiffs invested over $3 million dollars of their personal funds-including personal savings, retirement savings, 401(k) accounts, and Roth IRA accounts-in exchange for a Class A membership interest in 5150 ECR Group. Plaintiffs were enticed to make these investments by Defendant Vahe Tashjian, who represented that the Property was worth as much as $85 million, that the parties could expect to receive a 50% profit on their investment annually, and that investments were expected to be for a two-year term, with all investors to be paid out when the Property was awarded a tentative map. To date, nearly three years later-and over one year after the Property was awarded its tentative map-Plaintiffs have not received any return on their investment, and the chances that they will receive any profits in the future are virtually non-existent as 5150 ECR Group is now allegedly insolvent. This is unfathomable, as 5150 ECR Group has raised approximately $13.8 million in capital in several rounds of fundraising and has nothing to show for it. Nevertheless, given this gross mismanagement of capital by Tashjian and given that Plaintiffs’ personal and retirement savings are at stake, on February 24, 2021, Plaintiffs filed the instant lawsuit against Tashjian, 5150 ECR Group, LLC, and two other entities to try and save their-and all other investors'-capital. 6(c) Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): • July 16-23, 2021 (Vacation); • August 23-27, 2021 (Vacation); • October 1-11, 2021 (Vacation); • October 21-22, 2021 (Conference); • January 10-14, 2022 (Trial); • February 14-18, 2022 (Trial); • March 14, 2022 (Trial); • March 28, 2022 (Trial); • April 4, 2022 (Trial); • November 14-18, 2022 (Trial). 4453269 13(a) Related cases, consolidation, and coordination. See the Notices of Related Cases attached hereto. Additionally, Plaintiffs have filed an ex parte application to intervene in the related case entitled LCC Warehouse III LLC v. 5150 ECR Group LLC, Santa Clara County Case No. 21CV378563. That application will be adjudicated on June 24, 2021. 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PRICE Harry I. Price, Esq., Bar N0. 077817 Price Law Firm 40 Main Street Los Altos, CA 94022 Phone: (650) 949-0840 Fax: (650) 949-0844 Attorneys for Real Parties in Interest BARCO et al., In Related Case E-FILED 4/1/2021 12:51 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV376460 Reviewed By: A. Rodriguez SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA JANET BOCEK; et a1., Plaintiff, V. VAHE TASHJIAN; et al., Defendants. AND RELATED CASES LAW FIRM Notice of Related Cases Case No. 21CV376460 (Bocek action) NOTICE OF RELATED CASES Department to be assigned: 20, Hon. Socrates P. Manoukian, presiding CM-01 5 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Harry I. Price, Esq. SBN: 077817 _Price Law Firm 4O Main Street Los Altos, CA 94022 TELEPHONE NO.: 650_949_0840 FAX NO. (Optional): 650_949_0844 E-MAIL ADDRESS (Opfional):harry@priceslaw.com ATTORNEY FOR (Name)-'Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODESan Jose, CA 951 13 BRANCH NAME=D0wntown Superior Court FOR COURT USE ONLY PLAI NTIFF/PETITIONERzBarco, et al, DEFENDANT/RESPONDENT: Tashjian, et a1. CASE NUMBER: 20CV371734 JUDICIAL OFFICER: Hon. Socrates P. Manoukian NOTICE OF RELATED CASE DEPT.: 20 Identify, in chronological order according to date of filing, all cases related t0 the case referenced above. 1. a. TitleZBell Investment Partners, LLC V. DD Stonebrook Drive, LLC, et a1. b. Case number;20CV375154 c. Court: m same as aboveE other state or federal court (name and address): d. Departmentzz e. Case type: E limited civilm unlimited civil E probate E familylaw E other(specify): f- Filing dateiDecember 30, 2020 g. Has this case been designated or determined as “complex?" E Yes h. Relationship of this case to the case referenced above (check all that apply):E involves the same parties and is based on the same or similar claims. -No m arises from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact.E involves claims against, title to, possession of, or damages to the same property.m is likely for other reasons to require substantial duplication of judicial resources if heard by different judges.m Additional explanation is attached in attachment 1h i. Status ofcase: pendingE dismissed E with E withoutprejudiceE disposed of by judgment 2- a- TitleiBocek, et a1. V. Tashjian, et a1. b. Case number;21cv376460 c. Court: m same as aboveE other state or federal court (name and address): d. Department: 20 Form ApprovedforOptional Use NOTICE OF RELATED CASEJudicial Council of California CM-O15 [Rev. July 1, 2007] Page 1 of 3 Cal. Rules of Court, rule 3.300 www.courtinfo.ca.gov Westlaw Doc 8: Form Builder“ CM-015 PLAINTIFF/PETITIONERIBarco, et a1, DEFENDANT/RESPONDENTITaShjian, et a1, CASE NUMBER: 20CV371734 2. (continued) e. Casetype: E limited civil unlimited civil E probate E familylaw E other(specify): . I Filing dateZFebruary 24, 2021 Has this case been designated or determined as "complex?" mNo arises from the same or substantially identical transactions, incidents, or events requiring the determination of m is likely for other reasons to require substantial duplication of judicial resources if heard by different judges. g. h. Relationship of this case to the case referenced above (check all that apply):E involves the same parties and is based on the same or similar claims. the same or substantially identical questions of law or fact.E involves claims against, title to, possession of, or damages to the same property. m Additional explanation is attached in attachment 2h i. Status of case:m pendingE dismissed E with E without prejudiceE disposed of by judgment 3. a- TitleiLCC Warehouse III LLC V. 5150 ECR Group LLC .0" Case number:21cv373563 . Court: m same as aboveO E other state or federal court (name and address): Q. . Department:7 T"(‘D Filing dateIMarch 16, 2021 .3"? E involves the same parties and is based on the same or similar claims.m arises from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact. Has this case been designated or determined as "complex?" Relationship of this case to the case referenced above (check all thatapply): . Casetype: E limited civil m unlimited civil E probate E familylaw E other(specify): -No E involves claims against, title to, possession of, or damages to the same property. is likely for other reasons to require substantial duplication ofjudicial resources if heard by differentjudges. Additional explanation is attached in attachment 3h i. Status of case: pendingE dismissed E with E withoutprejudiceE disposed of by judgment 4. E Additional related cases are described in Attachment 4. Number of pages attached: DatesApril 1, 2021 Harry I. Price, Esq. (TYPE OR PRINT NAME OF PARTY OR ATTORNEY) CM-015 [Rev. July 1, 2007] } /s/ Harry I. Price NOTICE OF RELATED CASE (SIGNATURE OF PARTY OR ATTORNEY) Page 2 of 3 w ‘ CM-o15 ‘ CASE NUMBER: ZOCV37 1 734 PLAINTIFF/PETITIONER:Barco, et a1. DEFENDANT/RESPONDEerTashjian, et a1. PROOF OF SERVICé BY FIRST-CLASS MAIL NOTICE 0F RELATED CASE (NOTE: You cannot serve the Notice of Related Case ifyou are a party in the action. The person who served the notice mustcomplete this proof of service. The notice must be served on all known parties in each related action or proceeding.) 1. I am at least 18 years old and not a party to this actionJ I am a resident of or employed in the county where the mailing tookplace, and my residence or business address is (speciffi:\40 Mam Street, Log Altos, CA 94022 N \ 1 2. I served a copy of the Notice of Related Case by enclosing it in a sealed envelope with first-class postage fullyprepaid and (check one): 1 a.C deposited the sealed envelope with the United States Postal Service. b. X placed the sealed envelope for collection and prqcessing for mailing, following this business's usual practices,with which l am readily familiar. On the same dayj correspondence is placed for collection and mailing, it isdeposited in the ordinary course of business with§the United States Postal Service. 3. The Notice of Related Case was mailed: \ a. on (date):Apn1 1, 2021 l b. from (city and state): Campbell, CA ‘ 4. The envelope was addressed and mailed as foHows: a. Name of person sewed: c. Namej of person served: Kenneth R. Van Vleck, Attorney for Bell Investment Danie} W. Ballesteros, Attorney for Janet Bocek, et a1.Shem addreSSE 2570 W. E1 Camino Real, Ste. 400 Street addressz60 S. Market St., Ste. 1400 CityIMountain View ~ City: $an Jose State and zip code:Ca1ifomia 94040 State iand zip code: California 951 13 b. Name 0f person sewed: d. Namé of person served: Michael L. Abbott, Attorney for Dutchints Meagan E. Leary, Attorney for LCC Warehouse III Street address: 126 South Third Avenue Street address: One Market Plaza, Spear Street Tower, Ste. 2200 City: Oakdale City: San Francisco State and zip code: California 95361 State jand zip code:Ca1ifomia 94105 Names and addresses of additional persons sewed are anachedji (You may use form P08-030(P).) I declare under penalty of perjury under the laws of the State of Californfia that the foregoing is true and correct. Date2April 1, 2021W M’‘W (TYPE OR PRINT NAME OF DEGLARANT) (SIGNATURE OF DECLARANT) + mt.cMwmstRev. duty 1,2007} NOTICE OF RELATED CASE Page 3 M3 SHORT T|TLE; Barco, et a1. V. Tashjian, et a1. CASE NUMBER: _ 20CV37 1 734 1 Name 0fperson served: Daniel Herns, Attorney for 5150 ECR Group LLC Street address: 50597 Creza, Suite 100 2 City: La Quinta 3 State and zip code: California 92253 4 5 Name Ofpefson sewed: Mark Oknyansky, Attorney for Vahe Tashjian, et a1. Street address: 6442 Coldwater Canyon Ave., Ste. 209 6 City; North Hollywood 7 State and zip code: California 91606 8 9 10 1 1 1 2 13 14 15 16 1 7 18 19 20 21 22 23 24 25 26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 27 . . . . . . . Thls page may be used Wlth any JudICIaI CounCII form or any other paper fIIed Wlth the court. Page 1 E 1 Form Approved by the ADDITIONAL PAGE wmwnocwom Bauer. Judicial Council 0f California Attach to Judicial Council Form or Other Court Paper CR0 201, 501 MC-020 [New January 1, 1987] E-FILED 3/29/2021 12:42 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV376460 Reviewed By: A. Rodriguez CM-015 A1TORNEY OR PARTY WITHOUT ATI'ORNEY (Name. Slate Bar number, and address): _Daniel W. Ballesteros SB #142003 l Ashlee N. Cherry SB #312731 Hoge. Fenton, Jones & Appel. Inc. 60 South Market Street. #1400 San Jose. CA 95113 TELEPHONE No; (408) 287-9501 FAX N0. (Optional): (408) 287-2583 E-MAIL ADDRESS (Optional): dan.ballesteros@hogefent0n.com ATrORNEY Fon (Nam).- Plaintiffs SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: cmr AND ZIP cone: San Jose, CA 951 1 3 BRANCH NAME: FOR COURTUSE ONLY PLAINTIFF/PETITIONER: Janet Bocek, et al. DEFENDANT/RESPONDENT: Vahe Tashjian, et al. CASE NUMBER: 21 CV376460 JUDICIAL OFFICER: Hon. Socrates Manoukian NOTICE OF RELATED CASE DEPT.: 20 Identity, in chronological order according to date of filing. all cases related to the case referenced above. 1. a. Title: LCC Warehouse Ill LLC v. 515D ECR Group LLC b. Case number: 21CV378563 c. Court: same as above D other state or federal court (name and address): Department: 7 Filing date: March 16. 2021?‘9-‘99 Relationship of this case to the case referenced above (check all that apply): E involves the same parties and is based on the same or similar claims. Has this case been designated or determined as "complex?" D Yes E Casetype: D limited civil U unlimited civil X probate D familylaw D other (specify): N0 D arises from the same or substantially identical transactions, incidents. or events requiring the determination of the same or substantially identical questions of law or fact. >3 involves claims against, title to, possession of. or damages to the same properly. E is likely for other reasons to require substantial duplication of judicial resources if heard by different judges. D Additional explanation is attached in attachment 1h i. Status ofcase: >14 pending D dismissed D with D withoutprejudice D disposed ofbyjudgment 2. a. Title: Ettenger v. Dutchints Development, LLC. et al. b. Case number: 20CV369379 c. Court: E same as above D other state or federal court (name and address): d. Departmentz20 Page 1 o! 3 Form Approved for Opllqnal Use Cal. Rules of Court. ruIe 3.3m Judicial Council of Calliamia NOTICE 0F RELATED CASE www.courfinfo.ca.gov CM-015 [Rem July 1. 2007] 4346729 American LegalNet. Inc. www.FonnsWorkflameom CM-015 PLAINTIFF/PETITIONER: Janet Bocek, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Vahe Tashjian, et al. 21 CV376460 2. (continued) e. Case type: D limited civil X unlimited civil D probate D familylaw D other(specify): . Filing date: August 13, 2020f g. Has this case been designated or determined as "complex?" D Yes E No h . Relationship of this case to the case referenced above (check aII that apply): X involves the same parties and is based on the same or similar claims. D arises from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact. E involves claims against, title to, possession of, or damages to the same property. E is likely for other reasons to require substantial duplication ofjudicial resources if heard by different judges. D Additional explanation is attached in attachment 2h Status of case: E pending D dismissed D with D without prejudice D disposed of by judgment . Title: Kutcher v. Javid, et al. b. Case number: 200V369499 .0 ???"sbsl Court: E same as above D other state or federal court (name and address): Department: 20 Case type: D limited civil X unlimited civil D probate D family law D other (specify): Filing date: August 14, 2020 Has this case been designated or determined as "complex?" D Yes E No Relationship of this case to the case referenced above (check all that apply): K4 involves the same parties and is based on the same or similar claims. D an'ses from the same or substantially identical transactions. incidents, or events requiring the determination of the same or substantially identical questions of law or fact. E involves claims against. title to. possession of. or damages to the same property. X is likely for other reasons to require substantial duplication ofjudicial resources if heard by differentjudges. D Additional explanation is attached in attachment 3h Status of case: E pending D dismissed D with D withoutprejudice D disposed of by judgment 4. E Additional related cases are described in Attachment 4. Number of pages attached: 3 Date: March 29, 2021 W WAshlee N. Cherry b Q ! ‘ v (TYPE OR PRINT NAME OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) CM-ms [Rev. July 1, 20071 NOTICE OF RELATED CASE Page 2 ova American LegalNet. Inc. www.FonnsWorkflowmm 4a) 4b) 4c) 4d) 4e) 49) 4h) 4i) 5a) 5b) 5c) 5d) 5e) 59) 5h) 5i) 6a) 6b) 6c) 6d) 6e) 69) 6h) 6i) 4346730 Title: Catherine Hung v. Vahe Tashjian, et al. Case number: 20CV370493 Court: Same as above Department: 19 Case type: Unlimited civil Filing date: September 9, 2020 Has this case been designated as "complex?": No Relation of this case to the case referenced above: o Involve the same parties and is based on the same or similar claims; o Involves claims against, title to, possession of, or damages to the same PFOPeFtY; o ls likely for other reasons to require substantial duplication of judicial resources if heard by different judges. Status of Case: Pending Title: Paul Harms v. Dutchints Development LLC Case number: ZOCV370633 Court: Same as above Department: 2 Case type: Unlimited Civil Filing date: September 15, 2020 Has this case been designated as "complex?": No Relation of this case to the case referenced above: o Involve the same parties and is based on the same or similar claims; o Involves claims against, title to, possession of, or damages to the same property; o ls likely for other reasons to require substantial duplication ofjudicial resources if heard by different judges. Status of Case: Pending. Title: The Sabet Revocable Family Trust v. Vahe Tashjian, et al. Case number: ZOCV371 351 Court: Same as above Department: 2 Case type: Unlimited Civil Filing date: September 30, 2020 Has this case been designated as "complex?": No Relation of this case to the case referenced above: o Involve the same parties and is based on the same or similar claims; o Involves claims against, title to, possession of, or damages to the same Propefly; o Is likely for other reasons to require substantial duplication ofjudicial resources if heard by different judges. Status of Case: Pending. 7a) 7b) 7c) 7d) 7e) 79) 7h) 7i) 8a) 8b) 8c) 8d) 8e) 89) 8h) 8i) 9a) 9b) 90) 9d) 9e) 9g) 9h) 9i) 4346730 Title: Dutchints Development, LLC v. Richard Tod Spieker, et al. Case number: 200V371 41 1 Court: Same as above Department: 19 Case type: Unlimited Civil Filing date: October 2, 2020 Has this case been designated as "complex?": No Relation of this case to the case referenced above: o Involve the same parties and is based on the same or similar claims; o Involves claims against, title to, possession of, or damages to the same property; o Is likely for other reasons to require substantial duplication of judicial resources if heard by different judges. Status of Case: Pending. Title: John Barco, et al. v. Vahe Setrak Tashjian, et al. Case number: 200V371 734 Court: Same as above Department: 7 Case type: Unlimited Civil Filing date: October 5, 2020 Has this case been designated as "complex?": No Relation of this case to the case referenced above: o Involve the same parties and is based on the same or similar claims; o Involves claims against, title to, possession of, or damages to the same Propertyz o ls likely for other reasons to require substantial duplication of judicial resources if heard by different judges. Status of Case: Pending. Title: Richard Tod Spieker, et al. v. Vahe Tashjian, et al. Case number: ZOCV371 801 Court: Same as above Department: 20 Case type: Unlimited Civil Filing date: October 5, 2020 Has this case been designated as "complex?": No Relation of this case to the case referenced above: o Involve the same parties and is based on the same or similar claims; o Involves claims against, title to, possession of, or damages to the same Property} o Is likely for other reasons to require substantial duplication ofjudicial resources if heard by different judges. Status of Case: Pending. 10a) 10b) 10c) 10d) 10e) 100 109) 10h) 10i) 11a) 11b) 11c) 11d) 11e) 110 11g) 11h) 11i) 12a) 12b) 120) 12d) 12e) 120 129) 12h) 12i) 4346730 Title: Sandra Clow v. Dutchints Development LLC Case number: ZOCV371 805 Court: Same as above Department: 7 Case type: Unlimited Civil Filing date: October 8, 2020 Has this case been designated as "complex?": No Relation of this case to the case referenced above: o Involve the same parties and is based on the same or similar claims; o Involves claims against, title to, possession of, or damages to the same PTOPeFIY; o ls likely for other reasons to require substantial duplication of judicial resources if heard by different judges. Status of Case: Pending. Title: Richard Tod Spieker, et al. v. Vahe Tashjian, et al. Case number: 200V3721 95 Court: Same as above Department: 20 Case type: Unlimited Civil Filing date: October 13, 2020 Has this case been designated as "complex?": No Relation of this case to the case referenced above: o Involve the same parties and is based on the same or similar claims; o Involves claims against, title to, possession of, or damages to the same PFOPGFW; o ls likely for other reasons to require substantial duplication ofjudicial resources if heard by different judges. Status of Case: Pending. Title: Casa Blanca Investments, LLC v. Dutchints Development LLC Case number: 200V37221 7 Court: Same as above Department: 7 Case type: Unlimited Civil Filing date: October 14, 2020 Has this case been designated as "complex?": No Relation of this case to the case referenced above: o Involve the same parties and is based on the same or similar claims; o Involves claims against, title to, possession of, or damages to the same PrOPeFtY; o ls likely for other reasons to require substantial duplication ofjudicial resources if heard by different judges. Status of Case: Pending. (DmVODU'IAQNA BO ho ha ho ho hJ ho ho hg _; .A _A _; _A _; _A _; _; _; mVOUIACDN-‘OCDQVQU'IAWN-‘O PROOF OF SERVICE Bocek, et al. v. Tashjian, et al. Case No. 1CV376460 STATE 0F CALIFORNIA, COUNTY OF SANTA CLARA At the time of service, | was over 18 years of age and not a party to this action. l am employed in the County of Santa Clara, State of California. My business address is 60 South Market Street, Suite 1400, San Jose, CA 95113-2396. On March 29, 2021, | served true copies of the following document(s) described as NOTICE OF RELATED CASES on the interested parties in this action as follows: Harry I. Price Price Law Firm 40 Main Street Los Altos, CA 94022 Michael L. Abbott Law Offices of Michael Abbott 126 South Third Avenue Oakdale, CA 95361 Robert N. Burmeister Jr. Law Offices of Robert N. Burmeister, Jr. First Interstate Bank Building 702 Marshall Street, Suite 500 Redwood Citv. CA 94063 Meagen Leary Marcus O. Colabianchi Duane Morris LLP Spear Tower One Market Plaza, Suite 2200 San Francisco. CA 941 05-1 127 Steven Morger Wendel Rosen LLP PO Box 398777 San Francisco, CA 94139-8777 Daniel L. Casas Casas Riley & Simonian, LLP Casas Riley Simonian LLP 55 N 3rd St Campbell, CA 94022 4347539 Attorney for Barco, et al. in SCCSC Action No. ZOCV371 734 Telephone: (650) 949-0840 Facsimile: (650) 949-0240 E-mail: harrv©oriceslaw.com Attorney for Dutchints Development, LLC, Vahe Tashjian, Dutchints Development, LLC, 5150 ECR Group, LLC, and 5150 ECR Group Manager, LLC. Telephone: (209) 567-1 400 Facsimile: (209) 567-1002 E-mail: solvableoroblems@amail.com Attorney for Richard Tod Spieker and Catherine R. Spieker in SCCSC Action No. ZOCV371 801 Telephone: (650) 363-8666 E-mail: RN@burmeisterlaw.com Attorney for LCC Warehouse Ill. LLC in SCCSC Action No. 21 CV378563 Facsimile: (41 5) 520-0291 E-mail: melearv@duanemorris.com mcolabianchi@duanemorris.com Attorney for Mark Yazdani and Farzin Shakib in SCCSC Action No. 21 CV376460 Telephone: (510) 834-6600 Facsimile: (510) 834-1 928 E-mail: smoraer©wendeLcom Attorney for The Sabet Trust and Badi Enayati in SCCSC Action No. ZOCV371351 Telephone: (650) 948-7200 Facsimile: (650) 948-7220 E-mail: dcasas®|eqalteamcom (£3 <13 ‘~J (3) (J1 -Fb (JD fx) -* .; (:3 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stephen R. Pappas 9515 Soquel Drive, #202 Aptos, CA 95003 Vincent J. Davitt Meylan Davitt Jain Arevian & Kim LLP 444 South Flower Street, Suite 1850 Los Angeles, CA 90071 Michael G. Ackerman Law Offices of Michael G. Ackerman 2391 The Alameda, Suite 100 Santa Clara. CA 95050 Matthew Coleman Law Offices of Matthew E. Coleman 40 Main Street Los Altos, CA 94022 Anthony F. Ventura Ventura Hersey & Muller, LLP 1506 Hamilton Avenue San Jose. CA 95125 Attorney for Cathy Ettenger in SCCSC Action No. ZOCV369379 Telephone: (650) 858-8400 E-mail: steve©stephenoaooascom Attorney for Eric Kutcher and Lauren Kutcher in SCCSC Action No. ZOCV369499 Telephone: (213) 225-6000 Email: vdavitt@mdialaw.com; aiain©mdialoaw.com Attorney for Catherine Hung in SCCSC Action No. 200V370493 Telephone: 408-261 -58OO Email: maa©maackermanlawcom Attorney for Paul Harms in SCCSC Action No. ZOCV370633 and Attorney for Sandra Clow in SCCSC Action No. 20CV371 805 Telephone: 650-269-4848 Email: matt@mattcolemanlaw.com Attorney for Casa Blanca Investments, LLC in SCCSC Action No. ZOCV37221 7 Telephone: 408-51 2-3022 Email: aventura©venturahersev.com BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, | caused the document(s) to be sent from e-mail address jessie.palmer@hogefenton.com to the persons at the e-mail addresses listed in the Service List. | did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 29, 2021, at San Jose, California. 4347539 (DmNOO'l-th-A ho ho ho ha ha ho fig ho ho _; _; _; _; _; .A _A _; _; _A mVODO‘I-hODN-KOCOQNQU‘IAOJNAO PROOF OF SERVICE Bocek, et al. v. Tashjian, et al. Case No. 21 CV376460 STATE OF CALIFORNIA, COUNTY OF SANTA CLARA At the time of service, l was over 18 years of age and not a party to this action. I am employed in the County of Santa Clara, State of California. My business address is 55 South Market Street, Suite 900, San Jose, CA 951 13-2324. On June 21, 2021, | served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: Ed Sherman Davidovich Stein Law Group 3432 Coldwater Canyon Avenue, Suite 0 North Hollywood, CA 91606 Harry I. Price Price Law Firm 40 Main Street Los Altos, CA 94022 Robert N. Burmeister Jr. Law Offices of Robert N. Burmeister, Jr. First Interstate Bank Building 702 Marshall Street, Suite 500 Redwood Citv. CA 94063 Meagen Leary Duane Morris LLP Spear Tower One Market Plaza, Suite 2200 San Francisco. CA 941 05-1 127 Steven Morger Wendel Rosen LLP PO Box 398777 San Francisco, CA 94139-8777 Daniel L. Casas Casas Riley & Simonian, LLP Casas Riley Simonian LLP 55 N 3rd St Campbell, CA 94022 4453733 Attorney for Dutchints Development, LLC, Vahe Tashjian, 5150 ECR Group, LLC, and 5150 ECR Group Manager, LLC. Telephone: (81 8) 661 -2420 Facsimile: (818) 301-5131 E-mail: ed@davidovich|aw.com Attorney for Barco, et al. in SCCSC Action No. 20CV371 734 Telephone: (650) 949-0840 Facsimile: (650) 949-0240 E-mail: harw@priceslaw.com Attorney for Richard Tod Spieker and Catherine R. Spieker Telephone: (650) 363-8666 E-mail: RN@burmeisterlaw.com Attorney for LCC Warehouse Ill, LLC in SCCSC Action No. 21CV378563 Facsimile: (41 5) 520-0291 E-mail: meleary@duanemorris.com Attorney for Mark Yazdani and Farzin Shakib in SCCSC Action No. 21 CV376460 Telephone: (510) 834-6600 Facsimile: (51 0) 834-1 928 E-mail: smorqer(a').wendel.com Attorney for The Sabet Trust and Badi Enayati in SCCSC Action No. ZOCV371 351 Telephone: (650) 948-7200 Facsimile: (650) 948-7220 E-mail: dcasas@le_qalteam.com OOmVODCh-waA NNNMNNNNNAAAAAAAAA-L memme-‘OCDQVOUTAOONA BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, | caused the document(s) to be sent from e-mail address jessie.palmer@hogefenton.com to the persons at the e-mail addresses listed in the Service List. | did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 21, 2021, at San Jose, California. 4453733 -2-