Statement Case Management Conference

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): Eric T. Hartnett (SBN 234765) Law Office of Eric T. Hartnett 563 S. Murphy Ave. Sunnyvale, CA 94086 FOR COURT VSE ONLY CM-110 TELEPHQNE No.: 408-290-8228 FAX No. (Optional): E-MAiL ADDREss: ehartnett@erichartnettlaw.corn ATTORNEY FOR ()Yama): PlaintiffS BO Wang and AliCia Wang SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDREss: 1 91 N. 1 st St. MAILING ADDRESS'. clTY AND zIPcoDF; San Jose 95113 BRANCH NAME: PLAINTIFF/PETITIONER: Bo Wang and Alicia Wang DEFENDANT/RESPONDENT: Sereno Group, Inc., Nicholas A. French, et al. CASE MANAGEMENT STATEMENT (Check one): ~x UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 21CV381442 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 22, 2022 Time: 10:00 a.m. Dept.: 19 Address of court (if different from the address above): Div.: Room: ~x Notice of Intent to Appear by Telephone, by (name): Eric T. Hartnett INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~x This statement is submitted by party (name): Plaintiffs Bo Wang and Alicia Wang 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): March 29, 2021 b. ~ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. ~x All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain why not): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which they may be served): 4. Description of case a. Type of case in ~ complaint ~ cross-complaint (Describe, including causes of action): Complaint for Breach for Fiduciary Duty, Constructive Fraud, and Negligence Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3.720-3.730 www.courts ca gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/9/2022 5:46 PM Reviewed By: R. Fleming Case #21CV381442 Envelope: 8258272 21CV381442 Santa Clara - Civil R. Fleming PLAINT IFF/PETITIONER: Bo Wang and Alicia Wang DEFENDANT/RESPONDENT: Sereno Group, Inc., Nicholas A. French, et al. CASE NUMBER; 21CV381442 CM-110 4. b. Provide a briefstatement of the case, including any damages. (If personalinjury damagesare sought, specify theinjury 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 reliefis sought, describe the nature of the relief) Plaintiffs entered into contract to purchase residential property. Their real estate agent for the transaction was Defendant Nicholas French of Defendant Sereno Group. Instead of recommending that Plaintiffs seek counsel, Defendants inaccurately assured Plaintiffs they had to right to cancel the purchase contract. Defendants also withheld documents from Plaintiffs. Due to Defendants'ctions, Plaintiffs suffered harm in excess of $250,000.~ (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 ~x a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party requesting ajury trial): 6. Trial date a. ~ The trial has been set for (date): b. ~x 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): Due to early mediation and Defendants'otion to strike, the case only recently became at issue. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~x days (specify number): 3-5 b. ~ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~x by the attorney or party listed in the caption ~ by the following: a. Attorney: b. Firm: c. Address: f. Fax numberd. Telephone number: e. E-mail address: g. Party represented.~ Additional representation is described in Attachment 8. 9. Preference~ This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) Forpartiesrepresentedbycounsel: Counsel ~x has ~ has not providedtheADR informationpackageidentified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party ~ has ~ has not reviewed the ADR information package identifiedin rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1)~ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2)~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3)~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. September 1, 2021) CASE MANAGEMENT STATEMENT Page 2 of 5 PLAINTIFF/PETITIONER: Bo Wang and Alicia Wang DEFENDANT/RESPONDENT: Sereno Group, Inc., Nicholas A. French, et al. CASE NUMBER: 21 CV381442 CM-110 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): (1) Mediation The party or parties completing this form are willing to participate in the following ADR processes (check a/I that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation):~ Mediation session not yet scheduled~ Mediation session scheduled for (date):~ Agreed to complete mediation by (date): ~x Mediation completed on (date): Apr 28, 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): ~ ADR session not yet scheduled~ ADR session scheduled for (date):~ Agreed to complete ADR session by (date):~ ADR completed on (date): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER: Bo Wang and Alicia Wang DEFENDANT/RESPONDENT: Sereno Group, Inc., Nicholas A. French, et al. CASE NUMBER'. 21CV381442 CM-110 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.~ Bankruptcy ~ Other (specify): Status: 13. Related cases, consolidation, and coordination a. ~ There are companion, underlying, or related cases. (1) Name of case: (2) Name ofcourt: (3) Case number: (4) Status;~ Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions ~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date specified (describe all anticipated discovery): ~Part Plaintiffs Plaintiffs Plaintiffs Plaintiffs ~oescri tion Discovery on Sereno Defendants Depositions of Sereno Defendants Discovery on Third Parties Expert Discovery April 2022 June 2022 Date September 2022 Per Code c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021l CASE MANAGEMENT STATEMENT Page 4 of 6 PLAINTIFF/PETITIONER: Bo Wang and Alicia Wang DEFENDANT/RESPONDENT: Sereno Group, Inc., Nicholas A. French, et al. CASE NUMBER: 21CV381442 CM-110 17. Economic litigation a. ~ This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. ~ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. ~ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. ~ After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (speci fy): 20. Total number of pages attached (if any): 0 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: February 9, 2022 Eric T. Hartnett (TYPE OR PRINT NAME) (SIGNATURE F PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 [Rev. September 1, 2021) CASE MANAGEMENT STATEMENT Page 6 of 6 PROOF OF SERVICE I am a citizen of the United States and employed in the county aforesaid; I am over the age of eighteen years, and not a party to the within action; my business address is 563 S. Murphy Ave., Sunnyvale, California 94086. On the date set forth below I served the documents described below: CASE MANAGEMENT CONFERENCE STATEMENT [2/22/22 Hearing] on the following person(s) in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: 10 Andrew Leff, Esq. Spile, Leff 2 Goor, LLP 16501 Ventura Boulevard, Ste. 610 Encino, CA 91436 12 13 14 15 16 17 18 19 [X] [X] (BY U.S. MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at Sunnvvale, California. (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand on this date to the above-referenced individual at the above-referenced address. (BY FEDERAL EXPRESS) I caused such envelope(s) with postage thereon fully prepaid to be placed in a Federal Express drop box at Sunnvvale, California. (BY ELECTRONIC MAIL) I caused the above-referenced document(s) to be sent via electronic mail to the above-referenced e-mail addresses. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on February 9, 2022, at Sunnyvale, California. 20 21 Eric T. Hartnett 22 23 24 25 26 27 28 4883-7085-4157 PROOF OF SERVICE