Statement Case Management Conference

Cal. Super. - 6th Dist.March 29, 2021

21 CV381442 Santa Clara - Civil R. Fleming CM-1 10 ATTORNEY OR PARTY VWTHOUT ATTORNEY (Name, State Bar number, and address): ANDREW L. LEFF, ESQ. (SBN 125850) Electronic’gfi‘?’ 1|ng ”LY SPILE, LEFF & 600R, LLP , 15501 Ventura Blvd, Suite 61o by Superlor Court 0f CA, Enema, CA 91436 County of Santa Clara, on 2/1 [2022 10:23 AM TELEPHONE NO: 818 784-6899 F . iona: 818 784-0176 . . EMAtL ADDREss; ( > AXNO (opt I) ( ) REVIGWGd By. R. Flemlng ATTORNEY FOR (Name): Defendants, Serene Group, Inc. and Nicholas A. French Case #21 CV381 442 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 81 84737 STREET ADDRESS: 191 N. First Street MAMNG ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, A 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: BO WANG and ALICIA WANG DEFENDANT/RESPONDENT: SERENO GROUP, |NC., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [:3 LIMITED CASE 21CV381442 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduied as follows: Date: February 22, 2022 Time: 10:00 am. Dept: 19 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Andrew L. Leff, Esq. lNSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [:3 This statement is submitted by party (name): Defendants, Sereno Group, Inc. and Nichoias A. French b. [::] 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): b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [:j AH parties named in the complaint and cross~complaint have been served, have appeared, or have been dismissed. b. [j The following parties named in the complaint or cross-complaint (1) [j have not been served (specify names and explain why not): (2) [:1 have been served but have not appeared; and have not been dismissed (specify names): (3) E3 have had a default entered against them (specify names): c. [:3 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 complaint E cross-complaint (Describe, including causes of action): Complaint for Breach of Fiduciary Duty; Constructive Fraud; and Negligence. Page 1 of 5 Form Adopted for Mandatory Use CA8E MANAGEMENT STATEMENT Cikeiufiggféusno, Judicia! Council of California CM-1 1 O [Rev. September 1. 2021] www.courts.ca.gov CM-11D PLAINTIFF/PETITIONER: BO WANG and ALICIA WANG CASE NUMBER: DEFENDANTIRESPONDENT: SERENO GROUP, :Nc., et a1. 21CV381442 4. b. Provide a brief statement of the case, including any damages. (”personal injwy 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.) The Plaintiffs Wang allege that our client Buyers’ Agent Nicholas French of the Serene Group Inc. (coilectively “Sereno") acted dishonestiy and improperly in connection with the Plaintiffs: attempted purchase of a home located at 26540 Conejo Court, Los Altos Hills (“Property”) from the Sellers Nan Bien (“Alan”) and Peter Yu (collectively “Seliers”). (See Attachment 4b) (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 E] a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): r 6. Trial date a. [:3 Thetriai has been setfor (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 tria! (specify dates and explain reasons for unavailability): May16-27, 2022 (trial); June 27-July 11-22, 2022 (trials); August 15-September 16, 2022 (trials); and February 144.8, 2023 (trial). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-7 b. CZ] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption [:3 by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Partyrepresented: E3 Additional representation is described in Attachment 8. 9. Preference [:3 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [j has [:3 has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) Forself-represented parties: Party [j has [:3 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [:3 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) [:J 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)[j 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): Page 2 of 5CW" ‘Rev' sap‘embe' 1' 2°21] CASE MANAGEMENT STATEMENT MC-025 SHORT TITLE: CASE NUMBER:m Wang V. Serene Group, et a1. 21CV381442 ATTACHMENT (Number): 4b (This Attachment may be used with any Judicial Council form.) The Plaintiffs are blaming Serene for their own poor decisions not t0 purchase. Wang claims that after looking for one year for a home, on March 5, 2020 they signed an Offer to purchase the Property for $3.95 million. On March 6, 2020, the Seller accepted the Offer. According to Wang’s counsel that same day, Wang “had become increasingly concerned about the gravity of the COVID-19 pandemic and had just been appraised 0f a cancerous tumor diagnosis for Mr. Wang,” so they told Nicholas t0 “not move forward With the proposed transaction.” Nicholas is charged with not following his client’s instruction and causing Wang t0 be exposed to losing Wang’s deposit 0f $1 18,500 and a claim by Seller 0f a lost sale. Wang settled with the Sellers by paying the Seller $217,000 for a full release so most 0f the demand is seeking indemnity from Serene and tort 0f another attorney’s fees, but Wang should not have paid $217,000. Nicholas satisfied his duty 0f care by providing proper advice to Wang and he is not responsible for Wang’s poor decisions or for his being the messenger 0f Wang’s poor decisions. Nicholas has t0 follow his client’s instructions even if he disagreed which he did. Wang’s instruction was Wang would not purchase the Property, would not make the deposit and would fight the Sellers’ lawsuit. This was based primarily 0n Wang being offended by the Seller’s refusal t0 cancel. Unfortunately, the Sellers did not have empathy for Mr. Wang’s cancer and chose t0 enforce the Contract and seek damages for failure t0 perform if the transaction did not close. The Sellers offered an extension t0 close, but through the course 0fmany conversations, Wang decided to not close daspite the risks. Nicholas sent Sereno’s corporate attorney Mark Strombotne’s (“Mark”) email t0 Nicholas, t0 Wang, 0n March 12, 2020. Mark clearly laid out the risks around backing out 0f the transaction and told them to consult an attorney and to make the deposit to limit any damages t0 $1 1 8,500. Mark stated: “The stated reason for the cancellation was Caronavirus, not new disclosure” and thus: “If a legal dispute follows, then seller will argue that the updated AVID was not the real reason for the cancellation.” The “new disclosure” was late receipt 0f an AVID. Thus, Mark clearly laid out the risks around backing out 0f the transaction and tells Wang that concerns over the pandemic, the resulting panic, “these are not legally valid reasons to cancel a contract and by so doing buyers are at risk of liability to sellers for damages.” Mark said the Sellers Will put the Property back 0n the market and this “could be less than the current contract price 0f $3,950,000. There is a 3% cap 0n damages (liquidated damages), but this is if the deposit is made by the Buyer.” Wang did not make the deposit and the Property was ultimately sold for $3.7 million.” Mark concludes by saying: “You should advise your client 0f these issues and tell them t0 obtain independent legal advice so they can decide how t0 proceed.” Mark’s email was factually accurate. Wang discounts what Mark said and claims they thought it was just Mark covering Sereno’s ass, but it was an email from Mark t0 Nicholas, so Mark was not covering Sereno’s ass. If Wang really thought this was a cover your ass email they would of course needed t0 confirm their ASSUMPTION. The Wangs are very educated people and When told they were going to be sued they knew that the person who provides legal advice is an attorney. In any case, Mark’s 3-12-20 email told them all they needed t0 know: 1) Wang did not have legally valid reasons t0 cancel the contract; 2) by cancelling Wang was at risk of liability t0 sellers for damages; 3) Wang could cap their damages to the Sellers if they simply made the deposit; and 4) Wang needed t0 obtain independent legal advice. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1 Attachment are made under penalty ofper/ury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California _ _ _ “40-025 IReV- JU'Y 1: 20091 to Judacnal Councfl Form CM-11O PLAINTIFF/PETITlONER: BO WANG and ALiClA WANG DEFENDANT/RESPONDENT: SERENO GROUP, |NC., et al. CASE NUMBER; 21 CV381 442 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 compketing this form in the case have agreed to participate in or have aiready completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation): E] Mediation session not yet scheduled C] Mediation session scheduied for (date): ' ' -(1) Madmen [:3 Agreed to complete mediation by (date): Mediation completed on (date): 4-28-21 E3 Settlement conference not yet scheduled (2) Semement E [:3 Settiement conference scheduled for(date): 00nference [:1 Agreed to complete settlement conference by(date): E] Settlement conference completed on (date): E3 Neutrai evaluation not yet scheduled I I Neutral evaluation scheduled for date : (3) Neutral evaluation E] ( _ ) [:1 Agreed to complete neutra! evaluatton by (date): [:3 Neutral evaluation completed on (date): E: Judicial arbitration not yet scheduled (4) Nonbinding judicial [:3 [:3 Judicial arbitration scheduled for (date): arbitration [j Agreed to complete judicial arbitration by (date):S Judicial arbitration completed on (date): [:3 Private arbitration not yet scheduled (5) Binding private E] [:3 Private arbitration scheduled for (date): arbitration [:3 Agreed to complete private arbitration by (date): E] Private arbitration completed on (date): [:J ADR session not yet scheduled R ' ched I r d : (6) Other (Specify): E: [:3 AD sessxon s u ed f0 ( ate)E Agreed to complete ADR session by (date): E3 ADR completed on (date): CM-1 1 0 [Rev September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAxNTxFF/PETITIONER: Bo WANG and AUCIA WANG CASE NUMBER: DEFENDANT/RESPONDENT: SERENO GROUP, INCL, et a1. 21CV381442 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): ANV GLOBAL SERVICES INC. b. Reservation ofrights: E Yes No c. [:3 Coverage issues will significantiy affect resolution ofthis case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [1:] Bankruptcy [:3 Other (specify): Status: 13. Related cases, consolidation, and coordination a. {:3 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [:3 Additional cases are described in Attachment 13a. b. E] A motionto E] consolidate [:3 coordinate will be filed by (name party): 14. Bifurcation E3 The party or parties intend to file a motion for an order bifurcating, severing, or coardinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions E3 The party or parties expect to file the foliowing motions before trial (specify moving party, type of motion, andissues): 16. Discovery a. E] The party or parties have completed all discovery. b. The following discovery wiN be completed by the date specified (descn'be all anticipated discovery): Early Dawning Dale Serene Group, lnc./Nicholas A. French Written Discovery Per Code Serene Group, |nc./Nicho|as A. French Depositions Per Code c. [:3 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CMMWRW Sep‘embe’1'202” CASE MANAGEMENT STATEMENT Paw“ CM-110 CASE NUMBER: 21 CV381442 PLAINTIFF/PETITIONER: BO WANG and ALICIA WANG DEFENDANT/RESPONDENT: SERENO GROUP, 3N0, et al. 17. Economic litigation a. E] This is a Iimited 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 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 [:I] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. E] The party or parties have met and conferred with all parties on ail subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. [:3 After meeting and conferring as required by ruie 3.724 of the California Ruies of Court, the parties agree on the fouowing (specify): 20. Total number of pages attached (if any): 1 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resqution, 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: February 1, 2022 ANDREW L. LEFF, ESQ. j ¥ , ; (TYPE 0R PRWT NAME) (SIGNATURE 0FPW 0R A (sacsNATURE 0F PARTY 0R ATTORNEY)(TYPE OR PRINT NAME) [:1 Additionai signatures are attached. Page 5 of 5CASE MANAGEMENT STATEMENTCM-HO [Rev. September 1, 2021] OOWVQU‘IAODN-A NNNNNNNNNAAJJAAAAAA WNCDCD-DOON-AOCDQ‘JODU‘l-hCDN-A PROOF OF SERVICE STATE OF CALIFORNIA ) )§ COUNTY 0F Los ANGELES ) 1am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party t0 the Within action. My present business address is 16501 Ventura Boulevard, Suite 610, Encino, California 91436. On February 1, 2022, I served a tme and correct copy 0f the document described as CASE MANAGEMENT STATEMENT on the interested parties, as follows: Eric T. Hartnett Esq. 563 Murphy Ave. Sunnyvale, CA 94086 Telephone: (408) 290-8228 Email: ehartnett@erichartnettlaw.com Attorneyfor Plaintiff BY HAND DELIVERY By Third Party, Ace Messenger and Attorney Service, Inc. BY FACSIMILE TRANSMISSION: By use of facsimile machine telephone number (818) 784-0176, in accordance with Code of Civil Procedure §1013(e) and California Rules 0f Court 20008(e), t0 the within parties at the facsimile number(s) indicated. This transmission was reported as complete and without error, and a copy of the transmission report Which was issued by the transmitting facsimile machine is attached to the original hereof. E BY UNITED STATES POSTAL SERVICE: I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at L03 Angeles, California in the ordinary course of business. BY NEXT DAY BUSINESS DELIVERY: I am “readily familiar” with the film’s practice of collection and processing documents for delivery Via Federal Express Overnight Mail. Under that practice it would be deposited in the Federal Express Service drop-off box on that same day prior to the 5:00 pm. pick-up time for delivery the next business day in the ordinary course of business. E BY E-MAIL ELECTRONIC: from our firm’s Microsoft Outlook e-mail system for delivery to the above e-mail addresses, read receipt requested. E (STATE) I declare under penalty of perjury under the laws of the State 0f California that the above is true and correct. Executed on February 1, 2022 at Encino, California.W Bérbara Birlcw 1 Proof of Service