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CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
| [McCarthy & Holthus, LLP
| |Leticia "Tia" Butler, Esq. (SBN: 253345)
'14770 Fourth Avenue, San Diego, CA 92101
ELECTRONICALLY
TELEPHONE No.: 619-685-4800 FAX NO. (Optional): 619-685-481 1 FILED
E-MAIL ADDRESS (Optiona): [butler@meccarthyholthus.com Superior Court of Caitfornia,
ATTORNEY FOR (Neme): Defendant, Quality Loan Service Corporation County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco 06/28/2016
street appress: 400 McAllister Street
MAILING ADDRESS: 400 McAllister Street
Clerk of the Court
BY:VANESSA WU
crry aNozP code: San Francisco, CA 94102 oo
BRANCHNAME: San Francisco Civic Center Courthouse
PLAINTIFF/PETITIONER: Martin Eng
DEFENDANT/RESPONDENT: JPMorgan Chase Bank, N.A., et al.
CASE MANAGEMENT STATEMENT GASE NUMBER:
(Check one): LZ] UNLIMITED CASE [5 uimitep case CGC-15-546377
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: July 27, 2016 Time: 10:30 a.m. Dept: 610 Div.: Room:
: Address of court (if different from the address above):
[1 Notice of Intent to Appear by Telephone, by (name): Leticia "
Butler, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [2] This statement is submitted by party (name): Quality Loan Service Corporation
b. [1 This statement is submitted jointly by parties (names):
2, Complaint and cross-complaint (fo be answered iby | pialytiie, and cross-complainants only)
‘a. The complaint was filed on (date): To
b. [-] The cross-complaint, if any, was filed on (date):
~-3~Service-(to-be answered by plaintiffs and-cross-complainants only) —-— 7 ==] 7 :
a. [] Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [2] The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(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. [J 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. Typeofcasein Lv] complaint cross-complaint (Describe, including causes of action):
Slander of Title; Cancellation of Instruments; Violation of Bus. & Prof. Code 17200; Negligence; Wrongful
Foreclosure; Quiet Title; Violation of the Racketeer Influenced and Corruption Organizations Act (RICO)
Page 1 of 5
For ie era ee Calteia CASE MANAGEMENT STATEMENT Cal Riles of Gout
“M110 Rev. July 4, 2011], wnw.courts.ca govCM-110
(CASE NUMBER:
PLAINTIFF/PETITIONER: Martin Eng
CGC-15-546377
DEFENDANT/RESPONDENT: JPMorgan Chase Bank, N.A., et al.
4. b. Provide a brief statement of the case, including any damages. (if personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff files the instant action arising out of his default on the deed of trust secured by real property and the
non-judicial foreclosure that followed. Quality Loan Service is sued in it's capacity as Trustee of that Deed of
Trust. Plaintiff alleges statutory, general, and special damages in the amount of $4,500,000 plus punitive
damages.
(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 a jury trial ¥_} a nonjury trial. (!f more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. (_] The trial has been set for (date):
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):
Case not yet at issue, pleadings not set.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Council set for trials on September 12-15, 2016; May 10-12, 2017; Pre-arranged travel scheduled for August
11-12, 2016
7. Estimated iength of trial
The party or parties estimate that the trial will take (check one):
a. LY] days (specify number): 5
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
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.
(1) For parties represented by counsel: Counsel [7] 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 L_] 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 from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
PeoRe seat CASE MANAGEMENT STATEMENT erate[_ PLAINTIFFIPETITIONER: Martin Eng EASE NOWEER
PEFENDANT/RESPONDENT: JPMorgan Chase Bank, N.A., et al. ee
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):
Mediation session not yet scheduled
Medic
(1) Mediati ion session scheduled for (date):
iation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Nelle boast Neutral evaluation scheduled for (date):
leutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
pIDitaH er Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
[Binding phi Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
OOO0;/0000}/0000;0000;0008/0008
ADR completed on (date):
‘CM-110 Rev. July 1, 2011), Page sors
CASE MANAGEMENT STATEMENT; PLAINTIFFIPETITIONER: Martin Eng ‘CASE NUMBER:
DEFENDANTIRESPONDENT: JPMorgan Chase Bank, N.A., et al. CGC-15-546377
11. Insurance
a
b.
c.
Insurance carrier, if any, for party filing this statement (name):
Reservation of rights: Yes No
[1 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 L__] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a.
b.
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[1 Additional cases are described in Attachment 13a.
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
m4
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Quality Loan Service Corporation anticipates filing a Motion for Summary Judgment
16. Discovery
a. L__] The party or parties have completed all discovery.
b. L¥_] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Form Interrogatories By cut-off
Defendant Special Interrogatories By cut-off
Defendant Requests for Admissions By cut-off
Defendant Request for Production of Documents By cut-off
Defendant Depositions By cut-off
c
The following discovery issues, including issues regarding the discovery of electronically stored information, are
(CM-140 [Rev. July 1, 2011],
anticipated (specify):
CASE MANAGEMENT STATEMENT PasterCM-110
PLAINTIFF/PETITIONER: Martin Eng pase eer
[— CGC-15-546377
DEFENDANT/RESPONDENT: JPMorgan Chase Bank, N.A., et al.
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):
Counsels met and conferred in advance of the demurrer and were not able to reach any stipulations; as
such, | did not believe further meeting and conferring would be productive at this juncture.
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): 0
1am 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.
Date: June 27, 2016
Leticia ‘Tia" Butler, Esq. yf.
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
EM-TTO Rew dy 7, 2049) CASE MANAGEMENT STATEMENT ee
Preview
CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY | [McCarthy & Holthus, LLP | |Leticia "Tia" Butler, Esq. (SBN: 253345) '14770 Fourth Avenue, San Diego, CA 92101 ELECTRONICALLY TELEPHONE No.: 619-685-4800 FAX NO. (Optional): 619-685-481 1 FILED E-MAIL ADDRESS (Optiona): [butler@meccarthyholthus.com Superior Court of Caitfornia, ATTORNEY FOR (Neme): Defendant, Quality Loan Service Corporation County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco 06/28/2016 street appress: 400 McAllister Street MAILING ADDRESS: 400 McAllister Street Clerk of the Court BY:VANESSA WU crry aNozP code: San Francisco, CA 94102 oo BRANCHNAME: San Francisco Civic Center Courthouse PLAINTIFF/PETITIONER: Martin Eng DEFENDANT/RESPONDENT: JPMorgan Chase Bank, N.A., et al. CASE MANAGEMENT STATEMENT GASE NUMBER: (Check one): LZ] UNLIMITED CASE [5 uimitep case CGC-15-546377 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 27, 2016 Time: 10:30 a.m. Dept: 610 Div.: Room: : Address of court (if different from the address above): [1 Notice of Intent to Appear by Telephone, by (name): Leticia " Butler, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [2] This statement is submitted by party (name): Quality Loan Service Corporation b. [1 This statement is submitted jointly by parties (names): 2, Complaint and cross-complaint (fo be answered iby | pialytiie, and cross-complainants only) ‘a. The complaint was filed on (date): To b. [-] The cross-complaint, if any, was filed on (date): ~-3~Service-(to-be answered by plaintiffs and-cross-complainants only) —-— 7 ==] 7 : a. [] Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [2] The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (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. [J 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. Typeofcasein Lv] complaint cross-complaint (Describe, including causes of action): Slander of Title; Cancellation of Instruments; Violation of Bus. & Prof. Code 17200; Negligence; Wrongful Foreclosure; Quiet Title; Violation of the Racketeer Influenced and Corruption Organizations Act (RICO) Page 1 of 5 For ie era ee Calteia CASE MANAGEMENT STATEMENT Cal Riles of Gout “M110 Rev. July 4, 2011], wnw.courts.ca govCM-110 (CASE NUMBER: PLAINTIFF/PETITIONER: Martin Eng CGC-15-546377 DEFENDANT/RESPONDENT: JPMorgan Chase Bank, N.A., et al. 4. b. Provide a brief statement of the case, including any damages. (if personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.) Plaintiff files the instant action arising out of his default on the deed of trust secured by real property and the non-judicial foreclosure that followed. Quality Loan Service is sued in it's capacity as Trustee of that Deed of Trust. Plaintiff alleges statutory, general, and special damages in the amount of $4,500,000 plus punitive damages. (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 a jury trial ¥_} a nonjury trial. (!f more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. (_] The trial has been set for (date): 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): Case not yet at issue, pleadings not set. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Council set for trials on September 12-15, 2016; May 10-12, 2017; Pre-arranged travel scheduled for August 11-12, 2016 7. Estimated iength of trial The party or parties estimate that the trial will take (check one): a. LY] days (specify number): 5 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: 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. (1) For parties represented by counsel: Counsel [7] 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 L_] 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 from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): PeoRe seat CASE MANAGEMENT STATEMENT erate[_ PLAINTIFFIPETITIONER: Martin Eng EASE NOWEER PEFENDANT/RESPONDENT: JPMorgan Chase Bank, N.A., et al. ee 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): Mediation session not yet scheduled Medic (1) Mediati ion session scheduled for (date): iation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Nelle boast Neutral evaluation scheduled for (date): leutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): pIDitaH er Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled [Binding phi Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): OOO0;/0000}/0000;0000;0008/0008 ADR completed on (date): ‘CM-110 Rev. July 1, 2011), Page sors CASE MANAGEMENT STATEMENT; PLAINTIFFIPETITIONER: Martin Eng ‘CASE NUMBER: DEFENDANTIRESPONDENT: JPMorgan Chase Bank, N.A., et al. CGC-15-546377 11. Insurance a b. c. Insurance carrier, if any, for party filing this statement (name): Reservation of rights: Yes No [1 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 L__] Other (specify): Status: 13. Related cases, consolidation, and coordination a. b. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [1 Additional cases are described in Attachment 13a. 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 m4 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Quality Loan Service Corporation anticipates filing a Motion for Summary Judgment 16. Discovery a. L__] The party or parties have completed all discovery. b. L¥_] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Form Interrogatories By cut-off Defendant Special Interrogatories By cut-off Defendant Requests for Admissions By cut-off Defendant Request for Production of Documents By cut-off Defendant Depositions By cut-off c The following discovery issues, including issues regarding the discovery of electronically stored information, are (CM-140 [Rev. July 1, 2011], anticipated (specify): CASE MANAGEMENT STATEMENT PasterCM-110 PLAINTIFF/PETITIONER: Martin Eng pase eer [— CGC-15-546377 DEFENDANT/RESPONDENT: JPMorgan Chase Bank, N.A., et al. 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): Counsels met and conferred in advance of the demurrer and were not able to reach any stipulations; as such, | did not believe further meeting and conferring would be productive at this juncture. 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): 0 1am 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. Date: June 27, 2016 Leticia ‘Tia" Butler, Esq. yf. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. EM-TTO Rew dy 7, 2049) CASE MANAGEMENT STATEMENT ee