Statement Case Management Conference

Cal. Super. - 6th Dist.March 24, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bat number, and address): Erin E. Patterson, SBN 262285 Thomas J. Sebourn, SBN 279272 Jason W. Tang, SBN 314337 Nicholas J. Babilis, SBN 291676 Patnck J. Layman, SBN 59643 Carina M Jordan, SBN 302099 Shane T. Wate, SBN 302738 FOR COURT USE ONLY SUTTELL & HAMMER, APC, P.O. BOX C-90006, BELLEVUE, WA 98009 TELEPHONE NO; 1-888-788-8355 FAX No. (Opttonat) 425-453-3239 tb 720602.00I ATTORNEY FOR (Name):Bank ofAmerica, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: Ssn lose CA 95113 BRANCH NAME; PLAINTIFF/PETITIONER: Bank of America, N.A. DEFENDANT/RESPONDENT; James P Long (Check one): CASE MANAGEMENT STATEMENT [X] UNLIMITED CASE [ ] LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,0001 or less) CASE NUMBER; 21CV381115 A CASK MANAGEMENT CONFERENCE is scheduled as follows: Date: 08/03/2021 Time: 1:30PM Dept.: 2 Div.: Room; Address of court (ifdifferentPom the address above): Notice of Intent to Appear by Telephone, by (name)l INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. l. Party or parties (answer one): a. H This statement is submitted by party (name): Bank of America, N.A. b. This statement is submitted jointly by parties (names)l have been served but have not appeared and have not been dismissed (specify names) 2. Complaint and cross-complaint (to be answered byplaintiffs and cross-complainants only) a. The complaint was filed on (date): 05/10/2021 b. The cross-complaint, if any, was filed on (date)l 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. H The following parties named in the complaint or cross-complaint (1] Q have not been served (specify names and explain why not)l James P Long has not been served. On 7/14/2021 at 10:48AM, service was attempted at 311 S ltn St, Apt 202, San Jose CA 95113. Per process server, there was no access to subject's door. (2) (3) have had a default entered against them (specify names): c. 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 IXI complaint cross-complaint (Describe, including causes ofaction): Breach of Contract-Common counts. Account stated, open book account CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 1 of 5 Q Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/19/2021 12:54 PM Reviewed By: System System Case #21CV381115 Envelope: 6874897 21CV381115 Santa Clara - Civil System System HORT TITLE: Bank of America, N.A. vs, James P Long CASE NUMBER: 21CV381115 4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount), estimatedfuture medical expenses, lost earnings to date, and estimatedfuture lost earnings. Ifequitable relief is sought, describe the nature of the relief) This is a simple collection action wherein Plaintiff sues defendant to recover the amount of $46884.76 due on defendant's credit account with Plaintiff. On 7/14/2021 at 10:48AM, service was attempted at 311 S 1" St, Apt 202, San Jose CA 95113. Per process server, there was no access to subject's door. The summons and complaint is currently out for service with our process server. Plaintiff respectively requests the court continue this matter for 90 days to allow time for service to be completed. (lfmore 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 ajury trial): a jury trial H a nonjury trial. pfmore than oneparty, provide the name ofeach party 6. Trial date a. The trial has been set for (date): b. g 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 (ifnot, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasonsfor unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): b. H hours (short causes) (specify): 2 f. Fax number: g. Party represented 8. Trial representation (to be answeredfor each party) The party or parties will be represented at trial H by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address: d. Telephone number: e. E-mail address: by the following: 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. (I) For parties represented by counsel: Counsel has 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 has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 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) 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 f'rom 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 iRev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 SHORT TITLE: Bank of America, N.A. vs. James P Long CASE NUMB EEM 21CV381115 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 al! that apply andprovide the specified information): (I) Mediation The party or parties completing this form are willing to participate in the following ADR processes (check all that a l): 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'yIDR stipulation): 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): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT page 3 of 5 SHORT TITLE: Bank of America, N.A. vs. James P Long CASE NUMBER; 21CV381115 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 (explain): 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 a. 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. 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 trial (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 ~Deecri tice Date The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 HORTT)TLE: Bank of America, N.A. vs. James P Long CASE NUMBER: 21 CV381115 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. Other issues 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. 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): The Defendant has not been served. 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. DdJuly14,2021Dated ( ) Nicholas J. Babilis, SBN 291676 ( ) Patrick J. Layman, SBN 59643 ( ) Erin E. Patterson, SBN 262285 Shane T. Wate, SBN 302738 ( ) Carina M. Jordan, SBN 302099 ( ) Thomas J. Sebourn, SBN 279272 (X) Jason W. Tang, SBN 314337 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CN-110 [Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page 5 of 5 PROOF OF SERVICE STATE OF WASHINGTON, COUNTY OF KING) ss. I am a resident of the United States and employed in the County of King, Washington; I am over the age of 18 years and not a party to the within entitled action; my business address is PO Box C-90006, Bellevue WA 98009. On , I served the foregoing document, described as CASE MANAGEMENT STATEMENT on the interested parties to said action by the following means: (By Mail): By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing on that date following ordinary business practices, in the United States Mail at the offices of SUTTELL & HAMMER, addressed as shown below. I am readily familiar with this business's practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary course of business correspondence would be deposited with the U.S. Postal Service the same day it was placed for collection and processing. (By Mail): By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Bellevue, Washington, addressed as shown below. (By Hand Delivery): By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the addresses shown below. (By Personal Service): By personally delivering a true copy thereof, enclosed in a sealed envelope, to the addresses shown below. (By Overnight Delivery): By placing a true copy thereof, enclosed in a sealed envelope, with delivery charges prepaid, to be sent by addressed as shown below. (By Facsimile Transmission): By transmitting a true copy thereof by facsimile transmission from facsimile number , to the interested parties to said action; the transmission was reported as complete and without error, and a copy of the transmission report, which was properly issued by the transmitting facsimile machine, is attached hereto and incorporated herein by reference. Said documents were transmitted to the interested parties as shown below at a.m./p.m. I declare under penalty of egr'u under the laws of the State of California that the foregoing is true and correct. Executed on , at Bellevue, King County, Washington, [X] Legal Assistant [ ] Attorney ( ) Kristin Newton ( ) Phillip E. Gendro ( ) Christian Obando ( )KC Gidewall ( ) Aqdar Awadh ( ) Jennifer Chavira ( ) Sumer DeRosa ( ) Victoria Wheeler ( ) JanaMacklin ( ) Brittany Dinkins ( ) Cody Baker ( ) Angelo Tadrous ( )XeniaChiles ( ) Daniels Givers-Sanchez ( ) Alexia Nono ()t)I Austin Edwards ( ) Jasmine Lee ( ) Monica Brodhacker ( ) Patty Canapi ( ) Jacob Batts NAME AND ADDRESS OF EACH PERSON SERVED: James P Long 9446 Rancho Hills Dr Gilroy CA 95020-7726