Case Management Statement Filed

Cal. Super. - 5th Dist.April 9, 2021

CM-11O ATTORNEY OR PARTY WITHOUT A'ITORNEY (Name, Slate Bar number, and address): Edward A. Treder (SBN 116307) Barrett Daffin Frappier Treder & Weiss, LLP 3990 E. Concours SL, Suite 350 Ontario, CA 91764 TELEPHONE No: (626) 371-7000 FAX No. (Optional): (972) 661-7709 E-MAIL ADDRESS (Optional): edwardt@bdfgroup.com ATTORNEY FOR (Name): Champion Mortgage Company (Nationtar Mortgage LLC, dba) SUPERIOR COURT OF CALIFORNIA, COUNTY 0F FRESNO STREET ADDREss:1 130 0 Street MAILING ADDREss:1 130 0 Street CITY AND ZIP CODErFresno, CA 93721 -2220 BRANCH NAME:B.F. Sisk Courthouse PLAINTIFF/PETITIONER: Champion Mortgage Company (Nationtar Mortgage LLC, dba) DEFENDANT/RESPONDENT: Rebecca Pettitt, et al. FOR COURT USE ONLY E-FILED 7/16/2021 12:07 PM Superior Court of California County of Fresno By: L. Whipple, Deputy CASE MANAGEMENT STATEMENT (Check one): E UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 21CECGO1019 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 05, 2021 Time: 3:30 pm Dept; 402 Div.: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Edward A. Treder Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Plaintiff, Champion Mortgage Company (Nationtar Mortgage LLC. dba) 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): April 14, 2021 b. |:| The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. E A|| parties named in the complaint and cross-complaint have been sewed, have appeared. or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been sewed (specify names and explain why not): Rebecca Pettitt; Rachel O‘Brien; Randi Christopher; Rosalie Gibson (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): 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 case a. Type ofcasein E complaint E cross-complaint (Describe, including causes ofaction): Complaint for Cancellation of Instruments and Declaratory Relief. Page 1 of 5 Form Adopted'orMandawn/Use CASE MANAGEMENT STATEMENT Judicial Council ol California CM»1 10 [Rev. Ju‘y 1‘ 201 1] Cal. Rules ol Court, ru‘es 3120-3130 www.courts.z:a.gov CM-110 PLAINTIFF/PETITIONER:Champion Mortgage Company (Nationtar Mortgage LLC, dba) CASE NUMBER: DEFENDANT/RESPONDENTzRebecca Pettitt, et aI. 21CECG01019 4. 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.) A Full Reconveyance was recorded by mistake as to Plaintiffs first trust deed loan securing a FHA-insured reverse mortgage loan on the subject property that has not been paid. Plaintiff seeks cancellation of the Full Reconveyance and declaratory relief to ensure the reverse mortgage loan remains a valid, perfected and enforceable first priority lien against the subject property. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request E a jury trial E a nonjury trial. (If more than one party, provide the name of each parfy requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. E No trial date has been set. This case wi|| be ready for trial within 12 months ofthe date of the filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys wi|| 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 wi|| take (check one): a. E days (specify number): b. E hours (short causes) (specify): One hour 8. Trial representation (to be answered for each party) The party or parties wi|| be represented at trial E 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-mailaddress: g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE 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 E 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: Party E 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 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) 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 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Equitable relief requested. CRC, rule 3.811(b)(1) CM-11o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT ”9°20” CM-110 PLAINTIFF/PETITIONER:Champion Mortgage Company (Nationtar Mortgage LLC, dba) CASE NUMBER: DEFENDANT/RESPONDENTzRebecca Pettitt, et aI. 21CECGO1019 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 ADR indicate the status of the processes (attach a copy of the parties’ADR processes (check al/ that apply): stipulation): E Mediation session not yet scheduledE Mediation session scheduled for (date):E Agreed to complete mediation by(date):E Mediation completed on (date): (1) Mediation E E Settlement conference not yet scheduled (2) Settlement E E Settlement conference scheduled for(date):CONference E Agreed to complete settlement conference by(date):E Settlement conference completed on(date): E Neutral evaluation not yet scheduledE Neutral evaluation scheduled for (date): 3 Neutral evaluation( ) E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbindingjudicial E E Judicial arbitration scheduled for (date): arbitration E Agreed to completejudicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): E ADR session not yet scheduledE ADR session scheduled for (date):E Agreed to complete ADR session by (date):E ADR completed on (date): (6) Other (specify): E CM-11o [Rem July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 0‘5 CM-110 PLAINTIFF/PETITIONER:Champion Mortgage Company (Nationtar Mortgage LLC, dba) CASE NUMBER: DEFENDANT/RESPONDENTzRebecca Pettitt, et aI. 21CECGO1019 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 wi|| 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. 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 :l 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 motions E The party or parties expect to file the following motions before trial (specify moving party, type of motion, 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): Um n-r(DParty Description c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-11o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 ofs CM-110 PLAINTIFF/PETITIONER:Champion Mortgage Company (Nationtar Mortgage LLC, dba) CASE NUMBER: DEFENDANT/RESPONDENTRebecca Pettitt, e1 aI. 21CECG01019 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): The parties are working on a stipulated Judgment for cancellation and declaratory relief. Plaintiff has circulated the proposed stipulation and expects all defendants to sign. Plaintiff will file the stipulation and proposed Judgment upon receipt ofthe signed stipulation from defendants. Plaintiff requests a 60-day continuance to finalize the agreed settlement. 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. Cl After meeting and conferring as required by rule 3.724 ofthe California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (ifany): 0 | 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: July 15, 2021 ufi‘l :-Edward A. Treder .fi F---_ (Tva 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached. CM-1 1o [Rem Juxy 1‘ 2m 1] CASE MANAGEMENT STATEMENT PageSafs For your protection and privacy. please press the Clear This Form button after you have printed the form. m l’éaTé’ih‘. Clear this form 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, Alexander Lauvray, declare as follows: I am employed in San Bernardino County at 3990 E. Concours Street, Suite 350, Ontario, California 91764. I am over the age 0f eighteen years and am not a party t0 this action. On July 16, 2021, 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 t0 each person shown 0n 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 t0 each person shown 0n the service list, 0r co lection and mai ing following ordinar business proactices. I am readily familiar with the firm’ s practice of collection an processin corres 0ndence 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 t0 each person shown 0n the service list, in a facility regularly maintained by Federal Exgress 0r delivering the same t0 a driver authorized by Federal Express to receive ocuments BY FACSIMILE- By sending the document Via facsimile from (972) 661-7709 t0 each person and facsimile number shown 0n 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 alexl@bdfgroup_.com to each person and email address shown on the service list STATE - I declare under penalty 0f perjury under the laws 0f 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 0f a member of the Bar at whose direction the service was ma e. Executed 0n July 16, 2021, at Ontario, California. 015W {W Alexander Lauvray PROOF OF SERVICE -1- m Champion Mortgage Company, etc. v. Rebecca Pettitt, et al. Fresno County Superior Court Case No. 21CECG01019 A QONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Estate of W. Neil Radley 1404 Helm Avenue Clovis, CA 93612 Estate of W. Neil Radley P.O. Box 1061 Clovis, CA 93613 Rebecca Pettitt 19961 E. Thornton Road Queen Creek, AZ 85142 Rebecca Pettitt 1651 E. Tyson P1. Chandler, AZ 85225 Rachel O’Brien 3651 Moore Street Los Angeles, CA 90066 Rachel O’Brien 807 47th Ave. San Francisco, CA 94121 Randi Christopher 732 Little Oak Street Newberg, OR 97132 Rosalie Gibson 7522 SW Aloma Way, Apt. 7 Portland, OR 97223 PROOF OF SERVICE -2-