On September 02, 2022 a
Conference
was filed
involving a dispute between
Capital One Bank,
and
Aide A Gomez,
for 3.740 Collections: Limited $0 - $10,000
in the District Court of Stanislaus County.
Preview
Electronically Filed
9/2/2022 10:01 AM
Superior Court of California
County of Stanislaus
Clerk of the Court
By: Tyler Powers Jones, Deputy
CV-22-004066
Sandhu, Sonny S. Dept. 24
Hearing: 9/13/2023 8:30 AM
9/2/2022 10:01 AM
Tyler Powers Jones
Rule 3.740 of the California Rules of Court. Management of Collection Cases
(a) [Definition] "Collectionscase means an action forrecovery of money owed ina sum stated to be cenain
that is not more than $25,000, exclusive of interest and attorney fees,arising from a transaction inwhich
property, services or money was acquired on credit.
(b) [Civil Case Cover Sheet] If a casemeets the definition in(a),a plaintiff must check the case type box on
the Civil Case Cover Sheet (form CM-010) to indicate that the case is a collections case under rule 3.740
and serve the Civil Case Cover Sheet (form CM-010) with the initial complaint.
(c) [Exemption from general time-for-service requirement and case management rules] A collections
case is exempt from: (1) The time-for-service requirements of rule 3.110(b); and (2) The case
management rules that apply to allgeneral civilcase under rules 3.712-3715 and 3721-3730 unless a
defendant files a responsive pleading.
(d) [Time for service] The complaint in a collections case must be served on allnamed defendants, and
proofs ofservice on those defendants must be filed,orthe must
plaintiff obtain an order forpublication of
the summons, within 180 days after the filing of the complaint.
(e) [Effect of failure to serve within the required time] lfproofs of service on alldefendants are not filed or
the plaintiff has not obtained an order for publication of the summons within
180 days after the filing of the
complaint, the court may issue an order to show cause why reasonable monetary sanctions should not be
imposed. Ifproofs ofservice on alldefendants are filedor an order forpublication of the summons is filed
at least1O court days before the order to show cause hearing, the court must continue the hearing to 360
days after the filing of the complaint.
(f) [Effect of failure to obtaindefault judgment within required time) ifproofs of service of the complaint
are filedor service by publication is made and defendants do not fileresponsive pleadings, the plaintiff
must obtain a default judgment within 360 days after thefilingof the complaint. ifthe plaintiffhas not
obtained a default judgment by thattime, the court must issue an order to show cause why reasonable
monetary sanctions should not be imposed. The order to show cause must be vacated ifthe plaintiff
obtains a default judgment at least 10 court days before the order to show cause hearing.
CVOOI Mandatory Form Rev 01/2013
1496593001
Document Filed Date
September 02, 2022
Case Filing Date
September 02, 2022
Category
3.740 Collections: Limited $0 - $10,000
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Preview
Electronically Filed 9/2/2022 10:01 AM Superior Court of California County of Stanislaus Clerk of the Court By: Tyler Powers Jones, Deputy CV-22-004066 Sandhu, Sonny S. Dept. 24 Hearing: 9/13/2023 8:30 AM 9/2/2022 10:01 AM Tyler Powers Jones Rule 3.740 of the California Rules of Court. Management of Collection Cases (a) [Definition] "Collectionscase means an action forrecovery of money owed ina sum stated to be cenain that is not more than $25,000, exclusive of interest and attorney fees,arising from a transaction inwhich property, services or money was acquired on credit. (b) [Civil Case Cover Sheet] If a casemeets the definition in(a),a plaintiff must check the case type box on the Civil Case Cover Sheet (form CM-010) to indicate that the case is a collections case under rule 3.740 and serve the Civil Case Cover Sheet (form CM-010) with the initial complaint. (c) [Exemption from general time-for-service requirement and case management rules] A collections case is exempt from: (1) The time-for-service requirements of rule 3.110(b); and (2) The case management rules that apply to allgeneral civilcase under rules 3.712-3715 and 3721-3730 unless a defendant files a responsive pleading. (d) [Time for service] The complaint in a collections case must be served on allnamed defendants, and proofs ofservice on those defendants must be filed,orthe must plaintiff obtain an order forpublication of the summons, within 180 days after the filing of the complaint. (e) [Effect of failure to serve within the required time] lfproofs of service on alldefendants are not filed or the plaintiff has not obtained an order for publication of the summons within 180 days after the filing of the complaint, the court may issue an order to show cause why reasonable monetary sanctions should not be imposed. Ifproofs ofservice on alldefendants are filedor an order forpublication of the summons is filed at least1O court days before the order to show cause hearing, the court must continue the hearing to 360 days after the filing of the complaint. (f) [Effect of failure to obtaindefault judgment within required time) ifproofs of service of the complaint are filedor service by publication is made and defendants do not fileresponsive pleadings, the plaintiff must obtain a default judgment within 360 days after thefilingof the complaint. ifthe plaintiffhas not obtained a default judgment by thattime, the court must issue an order to show cause why reasonable monetary sanctions should not be imposed. The order to show cause must be vacated ifthe plaintiff obtains a default judgment at least 10 court days before the order to show cause hearing. CVOOI Mandatory Form Rev 01/2013 1496593001