Preview
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Oy
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Matthew M. McElroy (SBN: 309430)
Castaneda & Co.
84 West Santa Clara Street, Suite 700, San Jose, CA 95113-1809
TELEPHONE No.: (408) 998-5888 FAX NO. (Optional): (408) 904-7391
E-MAIL ADDRESS (Optionay: matthew@castanedaco.com
CM-110
—
ATTORNEY FOR (Neme): Plaintiff: Ashraf Alyan |
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Contra Costa u
street appress: 725 Court Street
MAILING ADDRESS: 725 Court Street
ciry AND ziP CODE: Martinez, 94553 oe
BRANCH NAME: Wakefield Taylor Courthouse: Civil Litigation Division
PLAINTIFF/PETITIONER: Ashraf Alyan
DEFENDANT/RESPONDENT: Nancy Ismail, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): |¥_] UNLIMITED CASE LIMITED CASE C19-00510
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: July 31, 2019 Time: 8:30 AM Dept.: 12 Div.: Room:
Address of court (if different from the address above):
¥_] Notice of Intent to Appear by Telephone, by (name): Plaintiff's Attorney: Matthew McElroy
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. L¥] This statement is submitted by party (name): Ashraf Alyan
b. 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 (date): March 14, 2019
b. 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 have been served, have appeared, or have been dismissed.
b. L¥J The following parties named in the complaint or cross-complaint
(1) v have not been served (specify names and explain why not):
Salma Hodhod: Multiple attempts have been made by One Legal but were unsuccessful.
(2) v have been served but have not appeared and have not been dismissed (specify names):
Nancy Ismail and Ingy Hodhod
(3) have had a default entered against them (specify names):
c. 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. Type ofcasein Ly complaint cross-complaint (Describe, including causes of action):
This is a breach of contract and fraud case involing Plaintiff co-signing on student loans for Ingy Hodhod and
Salma Hodhod based upon the representations made by their mother defendant Nancy Ismail.
Page 1 of 5
Fe ted for Mande Us Cal. Rules of Cc
Fasisal Couren of Ceforia” CASE MANAGEMENT STATEMENT ales of aut
‘CNe110 (Rev. July 1, 2011] wnw.courts.ca.govCM-110
PLAINTIFF/PETITIONER: Ashraf Alyan ‘CASE NUMBER:
19-00510
DEFENDANT/RESPONDENT: Nancy Ismail, 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 findicate source and amount}, estimated future medical expenses, lost
earings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the'relief.)
Plaintiff seeks to be removed from student loans he co-signed for defendants Ingy Hodhod and! Salma Hodhod
based upon the representations of their mother defendant Nancy Ismail. Plaintiff has been damaged because
Defendants have stopped making timely payments on the loans, damaging Plaintiffs credit and forcing him to
make the payments, further Plaintiff is jointly and severally liable for the remaining amounts of the two loans.
(if more space is needed, check this box and attach a page designated as Altachment 4b.) |
5, Jury or nonjury trial |
The party or parties request a jury trial [a nonjury trial. (lf 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. [7] 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): |
¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one): l
a. LZ] days (specify number): 3-5
b. [1 hours (short causes) (specify):
8. Trial representation (fo be answered for each party)
The party or parties will be represented at trial [7] by the attorney or party listed in the caption [—_] by) the following:
a. Attorney:
b. Firm:
c. Address: ,
d. Telephone number: f. Fax number: 1
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 [71 has [71 tas 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 has has not reviewed the ADR information package ented in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available). '
(1) [] This matter is sul Bject 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. 1
(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):
\
I
‘M-110 fRev. July 1, 2044] CASE MANAGEMENT STATEMENT Page 2 of §CM-110
[ PLAINTIFF/PETITIONER: Ashraf Alyan CASE NUMBER:
PEFENDANTIRESPONDENT: Nanoy Ismail et al. €19-00510
10. ¢. 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 | 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 (attach a copy of the parties' ADR
processes (check ail that apply): | stipulation):
Mediation session not yet scheduled
(1) Med Mediation session scheduled for (date):
lediation
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
@)N | evaluatio Neutral evaluation scheduled for (date):
jeutral evaluation
Agreed to complete neutral evaluation by (dafe):
Neutral evaluation completed on (date);
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private 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): 1
(6) Other (specify):
- Agreed to complete ADR session by (dae): '
ADR completed on (date):
OOUO;/OO0O;/O0O0) 0000 ;O000;o0eu
CM-110 Rov. July 4, 2014] Page 3 of §
CASE MANAGEMENT STATEMENTCASE NUMBER:
C19-00510
PLAINTIFF/PETITIONER: Ashraf Alyan
DEFENDANT/RESPONDENT:
Nancy Ismail, et al.
11, Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: ] Yes No
e. [-] 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.
[1] Bankruptcy [_] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 13a.
b. CJ Amotionto [-_] consolidate [(_] coordinate will be filed by (name party):
14. Bifurcation
[1] The party or parties intend to file a motion for an order bifureating, severing, or coordinating the followinglissues 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 trial (specify moving 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 specified (describe ail anticipated discovery):
Party Description Date
Plaintiff Written Discovery to Defendants 11/01/2019
Plaintiff Deposition of Defendants 12/01/2019
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
‘CM110 (Rov. July 1, 2011] CASE MANAGEMENT STATEMENT Page 40f &CM-110
CASE NUMBER:
C19-00510
PLAINTIFF/PETITIONER: Ashraf Alyan
DEFENDANT/RESPONDENT: _ Nancy Ismail, et al.
17. Economic litigation
a, [__] This is a limited civil case (ie. 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 fimited 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
[7] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
A declaration of venue was required to be concurrently served with the complaint under CCP § 395(b) because this action
arises from a consumer transaction. On information and belief, we believe the defendants resided in Contra Costa County
at the time the agreements were signed. But we do not have personal knowledge to say so under penalty of perjury for a
declaration of venue, We have served discovery questions to two of the served defendants to ascertain facts that support
venue in this county. Until we confirm the facts that support proper venue, we cannot take the defaults of defendants
Nancy Ismail and Ingy Hodhod because a declaration of venue is required to be served with the complaint before defaults
may be taken.
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): . !
The parties have not been able to meet and confer as required under the California Rules of Court because
the two defendants that have been served are failing to respond to the complaint or any communications.
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):
lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alterative 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: July 15, 2019
£
Matthew M. McElroy »
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR. ATTORNEY}
Additional signatures are attached.!
Gv Row duly, 2017 CASE MANAGEMENT STATEMENT Page sot
Preview
“4h Oy ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Matthew M. McElroy (SBN: 309430) Castaneda & Co. 84 West Santa Clara Street, Suite 700, San Jose, CA 95113-1809 TELEPHONE No.: (408) 998-5888 FAX NO. (Optional): (408) 904-7391 E-MAIL ADDRESS (Optionay: matthew@castanedaco.com CM-110 — ATTORNEY FOR (Neme): Plaintiff: Ashraf Alyan | SUPERIOR COURT OF CALIFORNIA, COUNTY OF Contra Costa u street appress: 725 Court Street MAILING ADDRESS: 725 Court Street ciry AND ziP CODE: Martinez, 94553 oe BRANCH NAME: Wakefield Taylor Courthouse: Civil Litigation Division PLAINTIFF/PETITIONER: Ashraf Alyan DEFENDANT/RESPONDENT: Nancy Ismail, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): |¥_] UNLIMITED CASE LIMITED CASE C19-00510 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 31, 2019 Time: 8:30 AM Dept.: 12 Div.: Room: Address of court (if different from the address above): ¥_] Notice of Intent to Appear by Telephone, by (name): Plaintiff's Attorney: Matthew McElroy INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. L¥] This statement is submitted by party (name): Ashraf Alyan b. 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 (date): March 14, 2019 b. 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 have been served, have appeared, or have been dismissed. b. L¥J The following parties named in the complaint or cross-complaint (1) v have not been served (specify names and explain why not): Salma Hodhod: Multiple attempts have been made by One Legal but were unsuccessful. (2) v have been served but have not appeared and have not been dismissed (specify names): Nancy Ismail and Ingy Hodhod (3) have had a default entered against them (specify names): c. 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. Type ofcasein Ly complaint cross-complaint (Describe, including causes of action): This is a breach of contract and fraud case involing Plaintiff co-signing on student loans for Ingy Hodhod and Salma Hodhod based upon the representations made by their mother defendant Nancy Ismail. Page 1 of 5 Fe ted for Mande Us Cal. Rules of Cc Fasisal Couren of Ceforia” CASE MANAGEMENT STATEMENT ales of aut ‘CNe110 (Rev. July 1, 2011] wnw.courts.ca.govCM-110 PLAINTIFF/PETITIONER: Ashraf Alyan ‘CASE NUMBER: 19-00510 DEFENDANT/RESPONDENT: Nancy Ismail, 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 findicate source and amount}, estimated future medical expenses, lost earings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the'relief.) Plaintiff seeks to be removed from student loans he co-signed for defendants Ingy Hodhod and! Salma Hodhod based upon the representations of their mother defendant Nancy Ismail. Plaintiff has been damaged because Defendants have stopped making timely payments on the loans, damaging Plaintiffs credit and forcing him to make the payments, further Plaintiff is jointly and severally liable for the remaining amounts of the two loans. (if more space is needed, check this box and attach a page designated as Altachment 4b.) | 5, Jury or nonjury trial | The party or parties request a jury trial [a nonjury trial. (lf 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. [7] 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): | ¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): l a. LZ] days (specify number): 3-5 b. [1 hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial [7] by the attorney or party listed in the caption [—_] by) the following: a. Attorney: b. Firm: c. Address: , d. Telephone number: f. Fax number: 1 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 [71 has [71 tas 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 has has not reviewed the ADR information package ented in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). ' (1) [] This matter is sul Bject 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. 1 (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): \ I ‘M-110 fRev. July 1, 2044] CASE MANAGEMENT STATEMENT Page 2 of §CM-110 [ PLAINTIFF/PETITIONER: Ashraf Alyan CASE NUMBER: PEFENDANTIRESPONDENT: Nanoy Ismail et al. €19-00510 10. ¢. 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 | 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 (attach a copy of the parties' ADR processes (check ail that apply): | stipulation): Mediation session not yet scheduled (1) Med Mediation session scheduled for (date): lediation 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 @)N | evaluatio Neutral evaluation scheduled for (date): jeutral evaluation Agreed to complete neutral evaluation by (dafe): Neutral evaluation completed on (date); Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private 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): 1 (6) Other (specify): - Agreed to complete ADR session by (dae): ' ADR completed on (date): OOUO;/OO0O;/O0O0) 0000 ;O000;o0eu CM-110 Rov. July 4, 2014] Page 3 of § CASE MANAGEMENT STATEMENTCASE NUMBER: C19-00510 PLAINTIFF/PETITIONER: Ashraf Alyan DEFENDANT/RESPONDENT: Nancy Ismail, et al. 11, Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: ] Yes No e. [-] 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. [1] Bankruptcy [_] Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. CJ Amotionto [-_] consolidate [(_] coordinate will be filed by (name party): 14. Bifurcation [1] The party or parties intend to file a motion for an order bifureating, severing, or coordinating the followinglissues 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 trial (specify moving 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 specified (describe ail anticipated discovery): Party Description Date Plaintiff Written Discovery to Defendants 11/01/2019 Plaintiff Deposition of Defendants 12/01/2019 c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ‘CM110 (Rov. July 1, 2011] CASE MANAGEMENT STATEMENT Page 40f &CM-110 CASE NUMBER: C19-00510 PLAINTIFF/PETITIONER: Ashraf Alyan DEFENDANT/RESPONDENT: _ Nancy Ismail, et al. 17. Economic litigation a, [__] This is a limited civil case (ie. 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 fimited 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 [7] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): A declaration of venue was required to be concurrently served with the complaint under CCP § 395(b) because this action arises from a consumer transaction. On information and belief, we believe the defendants resided in Contra Costa County at the time the agreements were signed. But we do not have personal knowledge to say so under penalty of perjury for a declaration of venue, We have served discovery questions to two of the served defendants to ascertain facts that support venue in this county. Until we confirm the facts that support proper venue, we cannot take the defaults of defendants Nancy Ismail and Ingy Hodhod because a declaration of venue is required to be served with the complaint before defaults may be taken. 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): . ! The parties have not been able to meet and confer as required under the California Rules of Court because the two defendants that have been served are failing to respond to the complaint or any communications. 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): lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alterative 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: July 15, 2019 £ Matthew M. McElroy » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR. ATTORNEY} Additional signatures are attached.! Gv Row duly, 2017 CASE MANAGEMENT STATEMENT Page sot