Statement Case Management Conference

Cal. Super. - 6th Dist.March 30, 2021

ATTORNEY OR PARTY Wit'HOUT ATTORNEY (Name Siate Ba r macr and ddressl Hunt 8 Henriques, Attorneys at Law Debt collection license application pending Donald Sherrill ¹266038 7017 Realm Drive San Jose CA 95119 CM-110 FOR COURT USE ONLY FAX No (Optonatl (409) 302-2299 MAILING ADDRESS DITY AND zIP coDE San Jose CA 95113 BRANGH NAME Santa Clara Supenor Court Oistnct PLAINTIFF/PETITIONER Bank of America, N.A. TELEPHONE NO (900) BBD-2420 E-MAIL ADDRESS (Opt onag ATTORNEY FOR (Name( Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street DEFENDANT/RESPONDENT'IFFANY THANH NGUYEN CASE MANAGEMENT STATEMENT (Check one): C2Q UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASF NUMBER 21CV381532 A CASE MANAGEMENT CONFERENCE is scheduled as follows Date March 1, 2022 Time. 10:00 AM Dept 20 Dlv . Room: Address of court ((f different from the address above). ~}0 Notice of intent to appear by telephone, by (name): Hunt 3t Henriques 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): Bank of Amenca, N A b ~ This statement is submitted jointly by parties (names) 2 Complaint and cross-complaint (lo be answered by p(aintif(s and cross-comp(ainan(s only) a The complaint was filed on (date): March 30, 2021 b ~ The cross-complaint, if any, was filed on (dale) 3 Service (to be answered by plaintiffs and cross-complainan(s only) a QQ AII padies 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 served (specify names and exp(atn why nol) (2) ~ have been served but have not appeared and have not been dismissed (specify names). (3) ~ have had a default entered against them (specify names) c ~ The foilowmg additional parties may be added (spemfy names, nature of invo(vernant in case, and the date by w(ucb they may be served) 4 Description of case a Type of case in C}Q complaint cross-complaint (Oescnbe, rnc(udrng causes of act(on)'ollection Case Form Adopted for Mandatory Use Jud oai Counol of Cal lorn a CM 110 IRe,luly I 2011) CASE MANAGEMENT STATEMENT P go I ofs Cal Rules of Court R I s 3 770-3 730 courts ca gay 1429865 001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/16/2022 4:53 PM Reviewed By: R. Fleming Case #21CV381532 Envelope: 8309162 21CV381532 Santa Clara - Civil R. Fleming PLAINTIFF/PETITIONER Bank of Amenca, N A CASE NUMBER 21CV381532 CM-110 DEFENDANT/RESPONDENT TIFFANY THANH NGUYEN 4 b Provide a bnef statement of the case, including any damages (If personal injury damages are sought, specify the iniuryan'mgsclaimed, inciudmg medical expenses io date (mdicate source and amouni), estimated future medical expenses, Iosl earnings to date, and estimated future lost earnings If equitable rekef rs sought, descnbe the nature of the relief) This is a collection case based on the use of credit issued by plaintiff. Principal amount owed is $35,503 30 Case was filed on March 30, 2021 Defendant was served on 06/20/2021 If defendant does not respond or answer plaintiff will prepare and submit a request for entry of default and judgment for the court's consideration. (if more space is needed, check ffvs box and attach a page designated as Attachment 4b.) 5 Jury or nonjury trial The party or parties request ~ a jury tnal ~ a noniury tnal. (If more than one party, pmvide the name of each party requesting a jury tria/). 6 Trial date a ~ The tnal has been set for (Elate) 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 tnal (specify dates and explain reasons for unavaiiabiiiiy): 7 Estimated length of trial: The party or parbes estimate that the tnal will take (check one) a ~ Days (specify number) b, [jQ Hours (short causes) (specify). 2 Hours Trial representation (Io be answered for each parly) The party or parties will be represented at tnal ~ by the attorney or party hated in the caption a. Attorney TBD b. Firm: Hunt 8 Hennques c Address 7017 Realm Dr San Jose CA 95119 d. Telephone number. 800-680-2426 e E-mail address TBD Additional representation is descnbed in Attachment 8 C}E by the following: f Fax number. 408-362-2299 g. Party represented: Plaintiff 9 Preference This case is entitled to preference (specify code section) 10 Alternative Dispute Resolution (ADR) (2) ~ Plaintif elects to refer this case to ludiciai arbitration and agrees to limit recovery to the amount spemfied in Code of Civil Procedure section 1141 1 (3) ~ This case is exempt from ludicial arbitration under rule 3 811 of the Cakfornia Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq (specify exemption). a. ADR information package. Please note that different ADR processes are available in different courts and communities, read the ADR information package prowded 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 WX has W has not provided the ADR information package identified in rule 3 221 to the client and rewewed ADR options with the ckent (2) For self-represented parties Party C] 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 sublect to mandatory iudicial arbitration under Code of Ciwl Procedure section 1141 11 or to civil action mediation under Code of Ciwl Procedure section 1775 3 because the amount in controversy does not exceed the statutory limit CASE MANAGEMENT STATEMENT Page 5 of 5 1429865 001 PLAINTIFF/PETITIONER Bank of Amenca, N.A. DEFENDANT/RESPONDENT TIFFANY THANH NGUYEN CASE NUMBER 21 CV381532 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 partiwpated in (check a/I Iha/ apply and provide the specified informs/ion) The party or parties completing this form are willing to participate in the following ADR processes (check a// that app/y): 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 process (a/tach a copy of the parties'DR stipu/ation). (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 (Blate) Settlement conference completed on (da/e)r (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (da/e). Agreed to complete neutral evaluation by (date) Neutral evaluation completed on (date) (4) Nonbinding Iudiciai arbitration Judimal arbitration not yet scheduled Judimal arbitration scheduled for (date) Agreed to complete iudidal arbitration by (date) Judicial arbitration completed on (da/e) (5) Binding pnvate arbitration Pnvate arbitration not yet schedulod Pnvate arbitration scheduled for (date) Agreed to complete pnvate arbitration by (date) Pnvate 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 session completed on (dale) CM-110 [Re July 1 3011/ Pege3 15 1429865 001 PLAINTIFF/PETITIONER. Bank of America, N A DEFENDANT/RESPONDENT: TIFFANY THANH NGUYEN CASE NUMRFR 21 CV381 532 CM-110 11 Insurance a ~ Insurance earner, if any, for a party filing this statement (name). b. Reservation of nghts C3 Yes C3 No c ~ Coverage issues will significantly affect resolution of this case (exp(sin) 12 Jurisdiction Indicate any matters that may affect the court's iunsdiction or processing of this case, and descnbe the status. Bankruptcy M Other (specify). Status 13 Related cases, consolidation, and coordination a ~ There are companion, underlying, or related cases (1) Name of case: (2) Name ofcourt (3) Case number. (4) Status.~ Additional cases are descnbed in Attachment 14a. b M A motion to M consohdate M coordinate will be filed by (name party) 14 Bifurcation The party or parties intend to file a motion for an order bifuncating, severing, or coordmating 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 tnal (specify mowng 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 spemfied (descnbe all anlicipaled discovery). ~Part Descnotion Date c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are antiapated (specify) CM-110 IRe 2 ly1 2cfft page e of e 1429865 001 PLAINTIFF/PETITIONER. Bank of Amenca, N A DEFENDANT/RESPONDENT. TIFFANY THANH NGUYEN CASE NUMBER 2ICV38(532 17. Economic litigation a. ~ This is a limited civil case (i e, the amount demanded is $25,000 or less) and the economic htigation procedures in Code of Civil Procedure sections 90 through 98 wiii 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, exp/ain specifically why economic iiligalion procedures reial0)g lo discovery or Inal should nol 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 ail subjects required by rule 3.724 of the California Rules of Court ((f not, expiam) Defendant has not appeared in this action b. After meeting and confernng 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 ADR, 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 wntten authority of the party where required. Date. February 11, 2022 0 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR Al'TORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ~ Additional signatures are attached CM-110 [R,I ly I 2011) CASE MANAGEMENT STATEMENT BABA 0 Oi 0 1429865 001