Statement Case Management Conference

Cal. Super. - 6th Dist.April 13, 2021

21 CV379583 Santa Clara - Civil 9M4 Lo ATrORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY "y“U" ' 0’ °tem Austin B. Kenney (SBN 242277) / Kenneth S. Miller (SBN 285297) SEVERSON & WERSON Electronically Filed The Atrium, 19100 Von Karman Avenue, Suite 700 by superior Court of CA, Irvine California 92612 c’ ounty of Santa Clara, TELEPHONE N0.: (949) 442-71 10 FAX N0. (Optional): (949) 442-71 18 _ E-MAILADDRessmptionao; abk@severson.com; ksm@severson.com an 8.” 9l2dozB1 :118'29 AMS ATrORNEY FOR (Name): Bank 0f America, N.A. AeV'ewe y' YStem yStem SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA base #21 _CV379583 STREET ADDRESS: 161 North First Street EnveloPe' 7096372 MAILING ADDRESS: 191 North First Street CITYAND ZIP CODE: San Jose 951 13 BRANCH NAME: Old Courthouse PLAINTIFF/PETITIONER: DACOREY SATTERWHITE DEFENDANT/RESPONDENT: BANK OF AMERICA CASE MANAGEMENT STATEMENT EqSET/Uggg'gss (Check one): E UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 24, 2021 Time: 3:00 p.m. Dept: 20 Div.: Room: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Kenneth S. Miller INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. g This statement is submitted by party (name): Bank of America, N.A. (erroneously sued as “Bank of America”) b. D 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): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D A|| parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 of case in g complaint D cross-complaint (Describe, including causes ofaction): Professional Negligence Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-110 [Rev. July 1, 201 1] www.couns.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com , CM-110 . CASE NUMBER: - PLAINTIFF/PETITIONER. DACOREY SATTERWHITE 21CV379583 DEFENDANT/RESPONDENT: BANK OF AMERICA 4. b. Provide a brief statement of the case, including any damages. (prersona/ 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.) Plaintiff claims that BofA failed to alert her to fraudulent activity in her bank account that resulted in her account becoming overdrawn and BofA assessing overdraft fees. The complaint alleges that one of plaintiff’s employers obtained information that plaintiff had not provided the employer, but BofA failed to pursue fraud charges against the employer. It also states that the account was hacked numerous times but BofA did not alert plaintiff to that activity. The complaint ends with the word “negligence,” but does not otherwise allege any legal theory of recovery or allege any damages. D (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 g a jury trial D a nonjury trial. (If more than one pariy, provide the name of each pafiy requesting a jury trial): 6. Trialdate a. D Thetrialhas been setfor (date): b. g No trial date has been set. This case wi|| 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 wi|| take (check one): a. E days (specify number): 3-7 b. D hours (short causes) (specify): 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 D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 g has D 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatoryjudicial 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) D 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) D 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.July1,2011] CASE MANAGEMENT STATEMENT Page20f5 American LegalNet, Inc. www.FormsWorkFlow‘com CM-110 PLAINTIFF/PETITIONER: DACOREY SATTERWHITE D-EFENDANT/RESPONDENT: BANK OF AMERICA CASE NUMBER: 21 CV379583 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 parties’ADR stipulation): (1) 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 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): DEED DEED DDDD DEED DEED DEED ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-‘I 10 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow‘coma CM-110 PLAINTIFF PETITI NER: DA REY ATTERWHITE CASE NUMBER:- I o CO S 21 CV379583 DEFENDANT/RESPONDENT: BANK OF AMERICA 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate wi|| be filed by (name party): 14. Bifurcation D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b D The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Bank of America, N.A. Written Discovery Per Code Defendant Bank of America, N.A. Depositions Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIReV-“MM CASE MANAGEMENT STATEMENT ”gems American LegalNet, Inc. www.FonnsWorkFlow.com CM-110 . CASE NUMBER: _ PLAINTIFF/PETITIONER. DACOREY SATTERWHITE 21 CV379583 DEFENDANT/RESPONDENT: BANK OF AMERICA 17. Economic litigation a. D 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. D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery wi|| be filed (if checked, explain specifically why economic litigation procedures relating to discovery or tn'al should not apply to this case): 18. Other issues D 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. E 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 (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 wi|| 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. Kenneth s. Miller > (/L/ (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) b (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. Date: August 19, 2021 CM-“OIReV-“MM CASE MANAGEMENT STATEMENT Page 5°” American LegalNet, Inc. www.FormsWorkFlow.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE DaCorey Satterwhite vs. Bank 0f America, N.A. Santa Clara County Superior Court Case N0. 21CV379583 At the time 0f service, I was over 18 years 0f age and not a party t0 this action. I am employed in the County 0f Orange, State 0f California. My business address is The Atrium, 19100 Von Karman Avenue, Suite 700, Irvine, CA 92612. On August 19, 2021, I served true copies 0f the following document(s): CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: DaCorey Satterwhite Plaintifl- In Propria Persona 117 Bernal Road, #70 San Jose. CA 951 19 Telephone: 669-259-9050 BY MAIL: I enclosed the document(s) in a sealed envelope 0r package addressed t0 the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with Severson & Werson' s practice for collecting and processing correspondence for mailing. On the same day that correspondence 1s placed for collection and mailing, it is deposited 1n the ordinary course 0f business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I declare under penalty 0f perjury under the laws of the State 0f California that the foregoing is true and correct. Executed 0n August 19, 2021, at Irvine, California. Jlézzi/ktagz Victoria A. McCay 7000 1 .0660/1 58775751 PROOF OF SERVICE