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  • FRED GEISLER, MD vs TERRY JOHNSTONComplex Civil Unlimited document preview
  • FRED GEISLER, MD vs TERRY JOHNSTONComplex Civil Unlimited document preview
  • FRED GEISLER, MD vs TERRY JOHNSTONComplex Civil Unlimited document preview
  • FRED GEISLER, MD vs TERRY JOHNSTONComplex Civil Unlimited document preview
  • FRED GEISLER, MD vs TERRY JOHNSTONComplex Civil Unlimited document preview
  • FRED GEISLER, MD vs TERRY JOHNSTONComplex Civil Unlimited document preview
  • FRED GEISLER, MD vs TERRY JOHNSTONComplex Civil Unlimited document preview
  • FRED GEISLER, MD vs TERRY JOHNSTONComplex Civil Unlimited document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number. and address): FOR COURT USE ONLY JEFFREY F. RYAN ISBN #129079) ' LAW OFFICES OF JEFFREY F. RYAN, An Association of Attorneys 2000 Broadway Streetedwood City, California 94063 TELEPHONE NO.: (650) 922-2341 FAX NO,(Optiona1); E MAIL ADDRESS (Optional): jeff@jeffreyryan|aw. com Fred H ATTORNEY FORIName) Geisler,Norman C. Fleming & Gena Zischke $AN MATFTT COUNTY SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo OCT} 6 2017 STREET ADDRESS: 400 County Center MAILING ADDRESS: CITY AND 2'P 000E? Clerkofiuperior Court Redwood City, California 94063 BRANCH NAME: Writers: PLAINTIFF/PETITIONER: Fred H. Geisler, et al. DEFENDANT/RESPONDENT: Terry J. Johnston, et al. i ' (Check one): CASE MANAGEMENT STATEMENT UNLIMITED CASE (Amount demanded El LIMITED CASE (Amount demanded is $25,000 CASE NUMBER? 17CIV02888 = E g a SW3 asea ‘Ll— BBBZD—AIO E exceeds $25,000) Iuauiafieuew or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 26, 2017 Time: 9:00 am. Address of court (if different from the address above): Dept: 21 Div.: Room: E Iuauiateis I: Notice of Intent to Appear by Telephone, by (name): 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): Fred H. Geisler, Norman C“ Fleming & Gena Zischke b. l:l This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. b. l: The complaint was filed on (date):6/28/17 (filing SAC The cross-complaint, if any, was filed on (date): next week) 3. Service (to be answered by plaintiffs and cross-complainants only) b. l: All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. l: The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why'not): (2) C] have been served but have not appeared and have not been dismissed (specify names): (3) Cl have had a default entered against them (specify names): c.l:| 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 Ofcasem - complaint :1 cross-complaint (Describe, including causes of action): Deceit/false promise; constructive fraud; breach of fiduciary duty; conversion of property; breach of contract; breach of implied covenant of good faith and fair dealing; account negligence; minority shareholder oppression. Page1of 6 Form Adopted tor Mandatory Use Judicial Council of Calitomla CASE MANAGEMENT STATEMENT Cal, Rules of Court, rules 3720-3130 CM-IIO (Rev. July 1. 2011] www.courtscagav CM-11O CASE‘NUMBER‘ _ PLAINTIFF/PETITIONER: Fred H. Geisler, et al. 17CIVO2888 DEFENDANT/RESPONDENT: Terry J. Johnston, et al. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the. injury and estimated future medical expenses, lost damages claimed, including medical expenses to date [indicate source and amount], If equitable relief is sought, describe the nature of the relief.) earnings to date, and estimated future lost earnings. Fraud on shareholders by Terry Johnston with the help of all other defendants. [:1 (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 requesting a jury trial): a jury trialIt a nonjury trial. (If more than one party, provide the name of each party Fred H. Geisler, Norman C. Fleming & Gena Zischke 6. a. b. l: Trial date The trial has been set for (date): 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 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. days (specify number): 10 days b. [:1 hours (short causes) (specify): 8. Trial representation (to be answered for each party) a. Attorney: [I] The party or parties will be represented at trial :1 by the attorney or party listed in the caption by the following: b Firm: 0 Address: d. Telephone number: f. Fax number: e E-mail address: 9. Party represented: 13 Additional representation is described in Attachment 8. 9. Preference E] 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 has [:1 has not provided the ADR information package identified to the client and reviewed ADR options with the client. in rule 3.221 (2) El For self-represented parties: Party has 1:] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration Or civil action mediation (if available). (1) 1:] This'matteris sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 .or to civil action mediation‘unde‘r ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) (:1 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) I: This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[Rev. July 1.2011) PageZots CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONERZ CASE NUMBER: Fred H. GeisIer, et at. DEFENDANT/RESPONDENT: 17CIV02888 Terry J, Johnston, et al‘ 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 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 ADRindicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): Mediation (1 ) DUDE Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference DUDE Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): DDDUDDDD Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private DUDE! Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): DUDE Agreed to complete ADR session by (date): ADR completed on (date): (EM-110 (Rev. July 1. 2011} Page 3 of 5 CASE MANAGEMENT STATEMENT ‘ PLAINTIFF/PETITIONER: CASENUMBER Fred H. Geisier, et at. 17CIV02888 DEFENDANT/RESPONDENT: Terry J. Johnston, et at. 11. Insurance a. [:1 Insurance carrier. if any, for party filing this statement (name): b. Reservation of‘rights:Cl Yes [:1 No c. l:] 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. [:1 Bankruptcy D Other (special): Status: 13. Related cases, consolidation, and'coordination a. C] There are companion, underlying, or related cases. (1)Name of case: (2)Name of court: (3)Case number: (4)Status: l:l Additional cases are described in Attachment 133. b. 1:} A motion to [:I consolidate l:] coordinate will be filed by (name party): 14.Bifurcation {:1 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 1:] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues); 16. Discovery a. 1:] The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pam Description Date Multiple depositions to take TBD Written discovery - requests for documents; form interrogatories;special interrogatories; request for admissions, etc. c. [:1 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated(specify): (SM-110 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page 4 ol 5 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Fred H. Geisler, et al. _ 17C|V02888 DEFENDANT/RESPONDENT: Terry J- Johnston, 9‘ al. 17. Economic litigation a.:1 ofThis is a limited civil case (1.9., the' amount demanded is $25,000 or less) and the economic litigation procedures in Code Civil Procedure sections 90-98 will apply to this case b,[:1 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, exp/ainspecifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues :1 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.Cl 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): Iplan to reach out to all defense counsel on Monday, October 16, 2017. 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): l 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: October 13, 2017 ,. \ ’ 1/ g / /‘ (g: - , )9 Jeffrey F - Ryan (TYPE OR PRINT NAME) /x“; i M} rim "“~-§i“ii:i:_/_ ,7” ‘SIGNA” (/30 ilk {152m ”git EY) RE OF PAR “for? ATTOR «PM ',.1 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) 1:] Additional signatures are attached. Chi-110 (Rev. July1,2011] CASE MANAGEMENT STATEMENT PageSofs PROOF OF SERVICE I am employed in the County of San Mateo, California. I, the undersigned, declare that I am over the age of 18 years and not a party to this action. My business address is 2000 Broadway Street, Redwood #UJ City, California 94063. On October 13, 2017, I served the attached document(s): CASE MANAGEMENT STATEMENT Person(s) Served: James L. Jacobs, Esq. \OOO\IO\UI Cynthia P. Smith, Esq. Ronald Katz, Esq. Coombs & Dunlap, LLP Tina Ernst, Esq. 1312 Oak Avenue GCA LAW PARTNERS LLP St. Helena, CA 94574 2570 W. El Camino Real, Suite #400 Mountain View, CA 94040 10 Attorneys for Terry J. Johnston Attorneys for Rhausler, Inc. 11 Robert M. Bodzin, Esq. Farley J. Neuman, Esq. 12 Burnham Brown Tom Prountzos, Esq. ‘ 1901 Harrison Street, 14th Floor GOODMAN NEUMAN HAMILTON LLP 13 Oakland, CA 94612 417 Montgomery Street, 10th Floor San Francisco, CA 94104 14 Attorneys for TeDan Surgical Innovations Attorneys for Katie Sims, CPA 15, Robert John Glenn, Jr., Esq. 16 73 Castlewood Drive Pleasanton, CA 94566 17 18 X By United States mail: I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses above and caused such envelope with postage thereon fully prepaid 19 to be placed in the United States Mail this day at Redwood City, California. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is 21 true and correct. Executed on October 13, 2017 at Redwood City, California. 22 23 24 011/241 Jim néfia / I/flJAA 25 26' 27 28 PROOF OF SERVICE