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  • JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al QUIET TITLE - REAL PROPERTY document preview
  • JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al QUIET TITLE - REAL PROPERTY document preview
  • JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al QUIET TITLE - REAL PROPERTY document preview
  • JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al QUIET TITLE - REAL PROPERTY document preview
  • JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al QUIET TITLE - REAL PROPERTY document preview
  • JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al QUIET TITLE - REAL PROPERTY document preview
  • JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al QUIET TITLE - REAL PROPERTY document preview
  • JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al QUIET TITLE - REAL PROPERTY document preview
						
                                

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ieee ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY John S. Sargetis, SBN: 80630 i UNITED LAW CENTER 3013 Douglas Boulevard, Suite 200 Roseville, California 95661 vetepuoneno: (916) 367-0630 — Faxnoscptony: (916) 265-2000 ELECTRONICALLY E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiff, JOSEPH NEW F I LE D ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO i coins teas mamceee t $ ss 400 McAllister Street — 02/18/2015 . : . lerk of the Court cnvanozipcooe: San Francisco, California 941-2 BYSJEFFREY LEE srancuname: Civic Center Courthouse Deputy Clerk PLAINTIFF/PETITIONER: JOSEPH NEW DEFENDANT/RESPONDENT: U.S. BANK NATIONAL ASSOCIATION, et al. CASE MANAGEMENT STATEMENT ‘CASE NUM (Check one): [J UNLIMITED CASE CO uimirep case CGC-14-538800 {Amount demanded (Amount demanded is $25,000 L exceeds $25,060) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 4, 2015 Time: 16:30 a.m Dept: 610 Div.: Room: Address of court (if different from the address above): [2] Notice of Intent to Appear by Telephone, by (name): John S. Sargetis INSTRUCTIONS: Ali applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. [XJ This statement is submitted by party (name): Plaintiff b. [LJ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (dafe)' 4/18/14; FAC 6/30/14; SAC 11/21/14 b. (2) The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint nave been served, have appeared, or have been dismissed. b. [2] The following parties named in the complaint or cross-complaint (1) [CJ 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) (C] have had a default entered against them (specify names): c. [2] The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Typeofcasein [ZY complaint [C) cross-compiaint (Describe, including causes of action): Wrongful foreclosure. aoe Page 1 of § ‘orpaaepass eae 3) armen CASE MANAGEMENT STATEMENT tft of Gout, 0 pRev. sey 1, 20075 0) ESSENTIAL FERMS wvnv.cours.ca. gov New v. U.S. Bank, et al.CM-110 PLAINTIFF/PETITIONER:-JOSEPH NEW eT CASE NUMBER: CGC-14-538800 DEFENDANT/RESPONDENT: v.s. BANK NATIONAL ASSOCIATION, 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief} Wrongful foreclosure. [] (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 [QQ ajurytrial (CO) a nonjury tral. (lf more than one party, provide the name of each party requesting a jury trial): 6, Trial date a. ) The triai has been set for (date): b. [XQ No trial date has been set, This case will be ready for trial within 42 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys wiil not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the tria! will fake (check one): a. [XQ] days (specify number): . [LJ hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption C2) by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: 7 g. Party represented: (C) 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 [XJ has (J has not provided the ADR information package identified in rule 3.221 to the ciient and reviewed ADR options with the client. (2) For self-represented parties: Party [Jhas [CJ] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) (2) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) [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) [XJ This case is exempt from 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): Amount in controversy exceeds $50,000.00. CMTH0 (Rev. du 4, 2017 CASE MANAGEMENT STATEMENT Page Zot 5 in Deer's os 2) sem Fea New v. U.S. Bank, et al.CM-110 [_ PLAINTIFF/PETITIONER: JOSEPH NEW PO ASE NUMBER: CGC-14-538800 DEFENDANT/RESPONDENT: v.. SANK NATIONAL ASSOCIATION, et al. I : L 1 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 ali that apply and provide the specified information): The party or parties completing if the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (affach a copy of the parties‘ ADR processes (check ail that apply): | stipulation): [2] Mediation session not yet scheduled ati i ale): (1) Mediation Q (CJ Mediation session scheduled for (date): [_] Agreed to complete mediation by (date): (CJ Mediation completed on (date): | [QQ Settlement conference not yet scheduied i (2) Settlement | og (_} Settlement conference scheduled for (dato): conference (.) Agreed to complete settlement conference by (date): (-} Settlement conference completed on (date): (2) Neutral evaluation not yet scheduled (3) Neutral evaluation Q [ZY Neutral evaluation scheduled for (date): | LLY Agreed to complete neutral evaluation by (date): : (4 Neutral evaluation compieted on (date): [2] Judicial arbitration not yet scheduled (4) Nonbinding judicial a (2) Judiciat arbitration scheduled for (date): antec (2 Agreed to complete judicial arbitration by (date): (C) Judicial arbitration completed on (date): i a ao | CC] Private arbitration not yet scheduted (5) Binding private Co (2) Private arbitration scheduled for (date): etiaton (2) Aareed to complete private arbitration by (date): i (2) Private arbitration completed on (date): [21 ADR session not yet scheduled (6) Other (specify): | go (CD ADR session scheduled for (date): | 1 [2] Agreed to complete ADR session by (date): {2} ADR completed on (date): OM-110 (Rev. July 4, 2074) CASE MANAGEMENT STATEMENT Page 3 of 5 ca New v. U.S. Bank, et al.CN-110 [" PLAINTIFFIPETITIONER: JOSEPH NEW Et CASE NUMBER: CGC-14-538800 DEFENDANT/RESPONDENT: U.S. BANK NATIONAL ASSOCIATION, et al. 4 12. 13. 14, 15. 16. insurance a. (2) Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: [Yes [J No c. [J Coverage issues will significantly affect resolution of this case (explain): Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. CD Bankruptcy [Other (specify): Status: Related cases, consolidation, and coordination a. (C] There are companion, underlying, or related cases, (1) Name of case: (2) Name of court: (3) Case number: (4) Status: (2) Additional cases are described in Attachment 13a. b. Ly Amotionto [oJ consolidate (lJ coordinate will be filed by (name party): Bifurcation [2] 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}: Other motions [2] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Discovery a. (] The party or parties have completed all discovery. b. [2] The following discovery will be completed by the date specified (describe ail anticipated discovery): Party Description Date c. (LJ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify}: (OM-110 (Rev. July 4, 2014] CASE MANAGEMENT STATEMENT a Page 4 of § Martin Des =) ESSENTIAL FORMS” New v. U.S. Bank, et al.CM-110 PLAINTIFF/PETITIONER: JOSEPH NEW CASE NUMBER: eGC-14-538800 | DEFENDANT/RESPONDENT; U.S. BANK NATIONAL ASSOCIATION, et al.} | 417. Economic litigation 7 a. (2) Thisis a limited civil case (i.¢., 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. [2] Thisis a limited civil case and a motion to withdraw the case from the economic iitigation 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 {C] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): All defendants have been dismissed by way of demur. The remaining Defendants, MERS & U.S. Bank, N.A., were the last defendants in the action and have also been dismissed by way of demur. 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): 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); OQ ____ | 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. Date: February \f?_, 2015 John S. Sargetis moe (TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY) a » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) CJ Additional signatures are attached. OM-110 fRev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 5 of 5 EP) Martine ©S5) ESSENTIAL FORMS New v. U.S. Bank, et al.New y. U.S, Bank, et al. San Francisco County Superior Case No. CGC-14-538800 PROOF OF SERVICE I, KATHY K. PILLADO, declare that I am a citizen of the United States, over 18 years of age, employed in Placer County, and not a party to the within action. My business address is 3013, Douglas Boulevard, Suite 200, Roseville, California 95661. I served a copy of the following document: PLAINTIFF’S CASE MANAGEMENT STATEMENT — NOTICE OF INTENT TO APPEAR BY TELEPHONE on the parties in this action by placing a copy thereof enclosed in sealed envelopes addressed as follows: (XX) (BY MAIL) I caused such envelopes with postage thereon fully prepaid to be placed in the United States mail at Roseville, CA. () (BY FAX and/or E-MAIL) I caused such document to be sent, via Facsimile (FAX) and/or E-mail Telecommunication transmission, to the offices of the addressee, QO (BY FEDERAL EXPRESS) I caused such envelope with overnight fees paid to bd deposited in a box regularly maintained by Federal Express service carrier at Roseville, CA. I declare under penalty erjury that the foregoing is true and correct. Executed af Roseville, California on February |) , 2015. X\|PILEADO Proof of Servicew a SERVICE LIST Thomas N. Abbott Joel C. Spann SEVERSON & WERSON One Embarcadero Center, Suite 2600 San Francisco, California 94111 Tel: (415) 677-5583 — Joel Direct Fax: (415) 956-0439 tna@severson.com Jes@severson.cont Attorneys for Defendants, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND Proof of Service