Statement Case Management Conference

Cal. Super. - 6th Dist.March 11, 2021

21 CV378943 Santa Clara - Civil System System ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Ear number, and address): Electronmaimmy CM 1 1 O FLINT c. ZIDE, STATE BAR #160369 by Superior Court 0f CA, LAW OFFICES 0F HARRIS & ZIDE County of Santa Clara, 1445 HUNTINGTON DRIVE #300, SOUTH PASADENA, CA 91030 on 4/1 6/2021 11:36 AM TELEPHONE No.: 626-799-8444 FAX No.(0prionao: RGViewed By: system system E-MAIL ADDRESS (0pfiona9: Case #21 CV378943 ATTORNEY FOR {NamEJIPLAINTIFF BANK OF AMERICA, N.A. Envelope: 6257550 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREETADDREss: 191 N. FIRST ST. MAILING ADDRESS: cmwozwcooe SAN JOSE, CA 95113 BRANCHNAME= CENTRAL BRANCH, UNLIMITED CIVIL PLAINTIFF/PETiTIONER: BANK OF AMERICA, NA. DEFENDANT/RESPONDENT: KIANYA T VARNER, ET. AL. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE CI LIMITED CASE 21CV378943 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 7/27/21 Time: 10:00 AM. Dept: 7 Div.: Room: Address of court (if different from the address above): E 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): PLAINTIFF BANK OF AMERICA, 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): 3/1/21 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E 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 sewed (specify names and expiain why not): KIANYA T VARNER - UNABLE TO LOCATE (2) E have been served but have not appeared and have not been dismissed (speck? names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specifl/ names, nature ofinvofvement in case, and date by which they may be served): 4. Description of cage 3- Type 0f 0359 In complaint D cross-complaint (Describe, including causes of action): DEBT COLLECTION: COMMON COUNTS Page 1 of 5 Form Adopted for Mandate Use Cal. Rules of Court.Judicial Council of Califogia CASE MANAGEMENT STATEMENT rules 3320-3730CM-HD [Rem July 1. 201 11 mmmouns.cagov PLAINTIFF/PETITIONER; BANK OF AMERICA, N.A. DEFENDANT/RESPONDENT: KIANYA T VARNER, ET, AL. CASE NUMBER: 21 CV378943 CM-110 4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the inj ury 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 reiiefis sought, describe the nature of the relief) UNPAID ACCOUNT IN THE SUM OF $26483.95 (lf 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 K 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. ~~ 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 unavaiiability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~ days (specify number): b. ~v'ours (short causes) (specify): 2 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~v by the attorney or party listed in the caption ~ by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel H has W 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 M has H has not reviewed the ADRinformation packageidentifiedinrule3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~v'his 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 ~ j 4 J S' ~ J l l ~ " ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~ ~ ~ ~ ~- ~ ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~- ~ ~ ~ ~ ~ ~ ~ ~ R ' -- ~ ~ ~ - ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~M ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ ' "- ~ ~ ~ ~ - - ~ ~ : ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ R ' --e ~ ~ ~ ~ ~ 1 ~ ~ ~ ~ . ~ ~ ~ - - ~ ~ ~ ~ - - s o ~ ~ ~ ~ ~ ~ - - ~ ~ ~ ~ ~ M' -- ~ ~ ~ ~ --'s- ~ ~ ' ~ ~ = = ~ ~ ~ . l L PLAINTIFF/PETITIONER: BANK OF AMERICA, N.A. DEFENDANT/RESPONDENT. KIANYA T VARNER, ET. AL. CASE NUMBER: 21CV378943 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 (expiain). 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~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. C] 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 tdial (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (describe a/i anticipated discovery): ~Part ~ui ti Date ~ The following discovery Issues, including issues regarding the discovery of electronically stored Information, are anticipated (specify): CM-1 10 [Rev, July 1, 201 1] CASE MANAGEMENT STATEMENT Pege4 of 6 PLAINTIFF/PETITIONER: BANK OF AMERICA, N.A. PFFFNPANTIR58PONPFNT. KIANYA T VARNER, ET. Al . CASE NUMBER: 21 CV378943 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. Otherissues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Nleet 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): DEFENDANT HAS NOT APPEARED 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): 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: 4/16/21 FLINT C. ZIDE (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 IRev. July 1, 2011) CASE MANAGEMENT STATEMENT Page 6 ef 6