Statement Case Management ConferenceCal. Super. - 6th Dist.July 13, 2020200V368237 Santa Clara - Civil QMCMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY LAWRENCE D. HARRIS, Esq. (SBN 153350) Electronically Filed Barrett Daffin Frappier Treder & Weiss LLP by superior court of CA, 3990 E. Concours St., Suite 350, Ontario, CA 91 764 County of Santa Clara, TELEPHONE No.: (626) 371 -7000 FAX No. (Optional): (972) 661 -7709 on 10/26/2020 9:21 AM E-MAILADDREssw/ational): LarryH@BDFGroup.com Reviewed By: System System ATTORNEYF0R(Name):Wells Fargo Bank, N. A. Case #20CV368237 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 51 74796 STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITYAND ZIP CODE: San Jose, 951 13 BRANCH NAME Downtown Superior Court PLAINTIFF/PETITIONER: Wells Fargo Bank, N. A. DEFENDANT/RESPONDENT: Johnathan Covey, et al. CASE MANAGEMENT STATEMENT CASE NUMBERI (Check one): UNLIMITED CASE E LIMITED CASE 2OCV368237 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 17, 2020 Time: 3:45 p.m. Dept: 21 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Lawrence D. Harris, 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): Wells Fargo Bank, N. A. b. E 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): 7-1 3-20 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. A|| 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) E have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): Default pending as to Johnathan Covey, filed 10-5-20 c. E 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 ca_se a- Type 0f case In complaint E cross-complaint (Describe, including causes of action): For: 1 c/a: Reformation; 2nd c/a: Declaratory Relief; 3rd c/a: Specific Performance; and 4th c/a: Quiet Title Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-1 10 [Rev. July 1, 201 1] www.coun‘s.ca.gov CM-110 DEFENDANT/RESPONDENT: Johnathan Covey, et al. PLAINTIFF/PETITIONER: Wells Fargo Bank, N. A. CASENUMBER: 200V368237 4. 10. 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.) Real Property action to reform a deed of trust recorded against the subject property. The action is entirely equitable in nature, and no damages are sought against any party. 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 E a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. E The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe 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): Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 2'3 b. E hours (short causes) (specify): Trial representation (to be answered for each pan‘y) The party or parties wi|| be represented at trial E by the attorney or party listed in the caption by the following: a. Attorney: Edward A. Treder, Esq. b. Firm: Barrett Daffin Frappier Treder & Weiss, LLP c. Address: 3990 E. Concours SL, Suite 350, Ontario, CA 91 764 d. Telephone number: (626) 371-7000 f_ Fax number: (972) 661-7709 e- E'ma” addr9331 g. Party represented: PlaintiffE 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 about the 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 seIf-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is sub'ect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 0r to civil action mediation under ode 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 1141.1 1. (3) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“O IReV-JU'V 1’ 20“] CASE MANAGEMENT STATEMENT ”962°” CM-110 PLAINTIFF/PETITIONER: Wells Fargo Bank, N. A. DEFENDANT/RESPONDENT: Johnathan Covey, et al. CASE NUMBER: 200V368237 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 parfies’ADR stipulation): (’I) 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 (specify): 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 CMfiJfl PLAINTIFF/PETITIONER: wens Fargo Bank, N_ A_ CASE NUMBER: 200V368237 DEFENDANT/RESPONDENT: Johnathan Covey, et al. 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: 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 D Other (specify): Status: 13. Related cases, consolidation, and coordination a, E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E 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 pan‘y, type ofmotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. E The following discovery wi|| be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page4 of5 CM-110 PLAINTIFF/PETITIONER: Wells Fargo Bank, N. A. CASE NUMBER=_ ZOCV368237 DEFENDANT/RESPONDENT: JOhnathan Covey, et al- 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 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): Plaintiff submitted a request for entry of default as to the sole defendant Johnathan Covey on 10-5-20. Per the case docket entry of default is pending. 19. Meet and confer a.E The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe 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 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 26, 2020 Lawrence D. Harris, Esq. ’ m&mp (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page5of5 M&MN \OOOQON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE BY U.S. MAIL (C.C.P. 1013a, 2015.5, FRCP 5(d)) I, Anthony Jordan, declare as follows: I am employed in San Bernardino County at 3990 E. Concours Street, Suite 350, Ontario, California 91765. I am over the age of eighteen years and am not a party to this action. On October 26, 2020, I served the attached document on the interested parties in this action, addressed as shown on the ATTACHED SERVICE LIST. D BY MESSENGER, SAME DAY DELIVERY - By placing the document into an envelope addressed to each person shown on the service list and delivering the sealed envelope t0 a professional messenger service for personal, same day delivery. BY MAIL - By placing the document into an envelope and depositing the sealed envelope, with osta e thereon fully repaid, addressed to each person shown 0n the service list, or co lection and mai ing following ordinary business practices. I am readily familiar with the firm’s practice of collection and processin 0f corres ondence for mailing. Under that practice, it would be deposite with the Unite States Postal Service 0n that same day in the ordinary course of business. BY FEDERAL EXPRESS - By placing the document into an envelope and depositing the sealed envelope, with overnight delivery fees paid, addressed to each person shown on the service list, in a facility regularly maintained by Federal Ex ress 0r delivering the same to a driver authorized by Federal Express to receive ocuments. BY FACSIMILE - By sending the document Via facsimile from (972) 661-7709 to each person and facsimile number shown on the service list. The transmission was reported as complete and without error. A copy 0f the activity report(s) generated by the facsimile machine is attached hereto. BY EMAIL - By sending the document Via email from anthoni@bdfgroup.com to each person and email address shown on the service list STATE - I declare under penalty of perjury under the laws of the State of California that the foregoing facts are true and correct. FEDERAL - I declare under penalty of perjury under the laws of the United States 0f America that the foregoing facts are true and correct and that I am em loyed in the Office of a member of the Bar at whose direction the service was ma e. Executed 0n October 26, 2020, at Ontario, California. Maw 0am Anthdhy JQeran PROOF OF SERVICE -1- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Wells Fargo Bank, N.A. v. Iohnathan Covey, et al. Santa Clam County Superior Court Case No. 20CV368237 Johnathan Covey 21 Angra Way Gilroy, CA 95020 Defendant in Pro Per PROOF OF SERVICE -2-