Request,Application: TYROME MORRIS VS. PROVIDENT CREDIT UNION ET AL

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                                KALIEL PLLC

Jeffrey D. Kaliel (CA Bar No. 238293)
Sophia Gold (CA Bar No. 307971)

1875 Connecticut Ave., NW, 10" Floor DEC 18 2018
Washington, D.C. 20009 CLERK COURT
Telephone: (202) 280-4783 ;

jkaliel@kalielplic.com BY: arti tn ————
sgold@kalielplle.com BOWMAN LIU
Attorneys for Plaintiff
(additional counsel on signature page)
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
TYROME MORRIS, on behalf of himself and ) Case No: i i ‘ a
all others similarly situated, ) CGC" 19-58 1614 ip
) [E-FILE]
Plaintiff, )
)
v. ) APPLICATION FOR COMPLEX CASE
) TREATMENT
PROVIDENT CREDIT UNION and DOES 1- )
50, inclusive )
)
Defendants. )
)

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APPLICATION FOR COMPLEX CASE TREATMENTCm ND

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APPLICATION FOR COMPLEX CASE TREATMENT

Pursuant to the Local Rules, Plaintiff Tyrome Morris, by and through his attorneys, hereby
submits this Application for Complex Case Treatment.
1. In the Civil Cover Sheet, this case was designated as a complex case because the
following boxes has been checked:
© Box (b): Extensive motion practice raising difficult or novel issues that will be time-
consuming to resolve; ,
© Box (c): Substantial amount of documentary evidence.
2. This case is provisionally designated as complex pursuant to California Rules of Court
3.400(c)(6) and is being so designated by Plaintiff based upon the following supporting information:

. Complexity of anticipated factual and/or legal issues: Plaintiff's claims concern

complex issues relating to whether Defendant breaches its contract with consumers and violates
California’s Unfair Competition Law when it routinely (a) assesses overdraft fees on transactions that
did not actually overdraw the account, and (b) assesses more than one nonsufficient funds fee on the
same item. Resolving these issues will necessarily involve examining how Defendant authorizes debit
card transactions on an account with positive funds and then purportedly settles those transactions
days later into negative balances.

. Extensive motion practice that will be time-consuming to resolve: Plaintiff anticipates

Defendant will file a Demurrer and/or Motion for Summary Judgment. In addition, Plaintiff will file
a Motion for Class Certification.

. Management of a substantial amount of documentary evidence: Since this case is a

putative class action on behalf of thousands of Provident checking account holders in California,
Plaintiff anticipates substantial discovery.

3. Based upon the above-stated supporting information, there is a reasonable basis for
the complex case designation made in the Civil Cover Sheet.

The undersigned hereby certifies that the above is true and correct and that ] make this
certification subject to the applicable provisions in the California Code of Civil Procedure, Section
128.7 and/or California Rules of Professional Conduct, Rule 5-200(B).

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APPLICATION FOR COMPLEX CASE TREATMENTDated: December 17, 2019

KALIEL PLLC

Jeffrey D. Kaliel (CA Bar No. 238293)
Sophia Gold (CA Bar No. 307971)
1875 Connecticut Ave., NW, 10 Floor
Washington, D.C. 20009

Telephone: (202) 280-4783
jkaliel@kalielplic.com
sgold@kalielplic.com

Jonathan M. Streisfeld (pro hac vice forthcoming)
Daniel Tropin (pro hac vice forthcoming)
KOPELOWITZ OSTROW
FERGUSON WEISELBERG GILBERT
One West Las Olas Boulevard,

Suite 500

Fort Lauderdale, Florida 33301

Telephone: 954-525-4100

Facsimile: 954-525-4300
streisfeld@kolawyers.com
tropin@kolawyers.com

Attorneys for Plaintiff

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APPLICATION FOR COMPLEX CASE TREATMENT