Statement Case Management ConferenceCal. Super. - 6th Dist.February 9, 202121 CV377606 Santa Clara - Civil CM-H.1=%ming ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT use ONLY Joshua A. Cohen, Esq. (State Bar No. 180293) _ _ Taylor J. Pohle, Esq. (State Bar No. 299794) Elecuon'cally F'led COLLINS + COLLINS LLP by Superior Court 0f CA, 790 E. Colorado Boulevard, Suite 600, Pasadena, CA 91 101 county Of santa Clara, TELEPHONE No.: (626) 243-1 100 FAX No. (0ptiona/):(626) 243-1 1 11 on 1 1/22/2021 4:01 PM E-MAIL ADDRESS (Optional): Reviewed By: R_ F|eming ATTORNEY FOR (Name): HOHBACH REALTY COMPANY, LP case #21 CV377606 SUPERIOR COURT 0F CALIFORNIA, COUNTY OFSANTA CLARA Envelope: 771 8362 STREEr ADDRESS: 1 91 N. First St. MAILING ADDREss:191 N, First St CITY ANDZIP CODE: San Jose 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: HOHBACH REALTY COMPANY, LP DEFENDANT/RESPONDENT: NOTELEAF, INC. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 210877606 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 12/07/2021 Time: 10:00 am. Dept.:20 Div.: Room: Address of court (if difierent from the address above): Notice of Intent to Appear by Telephone, by (name):Taylor J. Pohle, Esq. 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).‘HOHBACH REALTY COMPANY, LP b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date):02/O9/2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants 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) E 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): Noteleaf, Inc.; Default filed but still pending. (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvo/vement in case, and date by Which they may be served): 4. Description of ca_se 8- Type 0f case 'n complaint E cross-complaint (Describe, including causes of action): Plaintiff filed its complaint for: 1. Breach of Contract; 2. Breach of Fiduciary Duty; and 3. Fraud. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-‘l 10 [Rev. July 1, 2011] www.courts.ca.gov Westlaw Doc 8: Fonn Bu'lder'" CM-110 DEFENDANT/RESPONDENTS NOTELEAF, INC. CASE NUMBER: PLAlNTlFF/PETITIONERi HOHBACH REALTY COMPANY, LP 21CV377606 4. 10. b. Provide a brief statement of the case, including any damages. (/fpersona/ injury damages are sought, specify the injwy 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 brings its complaint t0 collect unpaid rent under lease and sublease 0f real property located in Palo Alto. Tenant Noteleaf owes Hohbach rent for the period 0f July 2020 through August 2022 in the amount 0f approximately $2.821 million dollars. Noteleafwas required to hold in trust any and all payments from Activehours for the benefit of Hohbach, but Plaintiff understands that Noteleaf received $927,007.40 from Activehours but did not hold it in trust or pay Hohbach.E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request ajury trial E a nonjury trial. (lfmore than one party, provide the name of each party requesting a jury trial): Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready fortrial within 12 months ofthe date ofthe filing ofthe complaint (if not, explain): There may be n0 trial ifNoteleaf does not appear, is defaulted c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 01/10/22; 01/31/22; 02/14/22; 03/28/22; 07/12/22; 08/08/22; 09/06/22; 10/31/22; and 04/10/23 (Trial Start Dates) Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number).'2-3 days b. E hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented attrial by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:E Additional representation is described in Attachment 8. PreferenceE This case is entitled to preference (specify code section): 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 aboutthe processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has E 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: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial arbitration or civil action mediation (if available). (1) E This matter is subjectto mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E 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) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtorfrom civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“OIReV- Ju'v 1: 20111 CASE MANAGEMENT STATEMENT Pagan” CM-11O PLAINTIFF/PETITIONER: HOHBACH REALTY COMPANY, LP CASE NUMBER: DEFENDANT/RESPONDENT:NOTELEAF, INC. 2 1 CV377606 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 a/l 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): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (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 Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specifiI): DUDE DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLA'NT'FF/PET'TIONERHOHBACH REALTY COMPANY, LP CASE NUMBER: 21CV377606 DEFENDANT/RESPONDENTNOTELEAF, INC. 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E No c. E 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.E Bankruptcy E Other(specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name 0f 08862 Noteleaf, Inc., et a1. V. Activehours, Inc. (2) Name of court: Santa Clara Superior Court (3) Case numberz20CV366235 (4) Status:Closed 11/02/2020E Additional cases are described in Attachment 13a. b_ E A motion to E consolidate E coordinate will be filed by (name party): 14. BifurcationE 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 motionsE The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovely): Pa_rt¥ Descrigtion Date Hohback Realty Company Written discovery and depositions Per Code Third party discovery and depositions Per Code Expert discovery and depositions Per Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Pa9e4of5 CM-1 10 . CASE NUMBER: _ PLAINTIFF/P ETITIONER' HOHBACH REALTY COMPANY, LP . 21CV377606DEFENDANT/RESPONDENT. NOTELEAE INC. 17. Economic litigation a.E 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.E This is a limited civil case and a motion to withdrawthe 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 issuesE The party or parties request thatthe following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a.Q The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules fC rt 'f t / ' : . . . .o ou (I no ’ eXp am) Counsel for Plalntlff W111 attempt to meet and confer prlor to the case management conference. 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 (ifany): | 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 ofthe party where required. Date: November 22, 2021 JOSIlua A. bOIlCIl, Esq. (TYPE OR PRINT NAME) ATU RTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page5of5 PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State 0f California, ) ss. County 0f Contra Costa. ) I am employed in the County 0f Contra Costa, State 0f California. I am over the age 0f 18 and not a party t0 the within action; my business address is 2175 N California Boulevard, Suite 835, Walnut Creek, California 94596. On this date, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties in this action by placing same in a sealed envelope, addressed as follows: NOTELEAF, INC. c/o Agent For Service - Vcorp Services CA, Inc. 818 W Seventh Street, #930 Los Angeles, CA 90017 g gfiY MAIL! - I caused such envelope(s) with postage thereon fillly prepaid to be placed in the United States mail in Walnut Creek, California t0 be served 0n the parties as indicated 0n the attached service list. I am “readily familiar” with the film’s practice 0f collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service 0n that same day with postage thereon fully prepaid at Walnut Creek, California in the ordinary course 0f business. I am aware that on motion 0f the party served, service is presumed invalid ifpostal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. D (BY CERTIFIED MAIL) - I caused such envelope(s) with postage thereon fully prepaid Via Certified Mail Return Receipt Requested t0 be placed in the United States Mail in Walnut Creek, California. D FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized t0 receive documents with delivery fees provided for. D (BY ELECTRONIC FILHVG AND/OR SERVICE) - I served a true copy, with all exhibits, electronically on designated recipients listed 0n the attached service list. D LECTRONIC SERVICE PER CODE CIV. PROC. 1010.6 - By prior consent or request 0r as required by rules of court (Code Civ. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules of Court, rule 2.251(a)). D (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) 0f the addressee(s). Executed on November 22, 2021 at Walnut Creek, California. E gSTATEz - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. D gFEDERA 1- I declare that I am employed 1n the office of a member o the bar of this couIt at Whose direction the service was made. KELWWF0RST§ ' kforst@ccllp.1aw§