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$28 D- (D CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
Matthew M. McElroy (SBN: 309430)
Castaneda & Co.
2131 The Alameda Suite C, San Jose,California 95126
TELEPHONE No.: (408) 998-5888 FAX NO. (Optionay: (408) 904-7391
E-MAIL ADDRESS (Opiiona): matthew@castanedaco.com
ATTORNEY FOR (Name): Plaintiff: Ashraf Alyan
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Contra Costa
street aooress: 725 Court Street
MAILING ADDRESS: 725 Court Street
ciry AND 2IP CODE. Martinez, 94553
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: June 2 2020 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. LZ] This statement is submitted by party (name): Ashraf Alyan
b. This statement is submitted jointly by parties (names).
2. Complaint and cross-complaint (fo 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 (fo be answered by plaintiffs and cross-complainants only)
a. LZ] Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed
b. Ly] The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) v have been served but have not appeared and have not been dismissed (specify names):
Salma Hodhod
(3) have had a default entered against them (specify names):
c. [1] 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 of case in
complaint Ec) cross-complaint (Describe, including causes of action):
This is a breach of contract and fraud case involving Plaintiff co-signing on student loans for Ingy Hodhod and
Salma Hodhod based upon the representations made by their mother defendant Nancy Ismail.
Page tof 5
Pom peored ss iar Ue CASE MANAGEMENT STATEMENT Cal Rises of Court
CM-110 (Rev. July 1, 2011] www.courts.ca.govCM-110
PLAINTIFF/PETITIONER: Ashraf Alyan (CASE NUMBER:
€19-00510
DEFENDANT/RESPONDENT: Nancy Ismall, 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, fost
earnings 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 Plaintiff's 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 Attachment 4b.)
5. Jury or nonjury trial
The party or parties request
requesting a jury trial):
Ga a jury trial [a nonjury trial. (if more than one party, provide the name of each party
6. Trial date
‘The trial has been set for (date):
a.
b. [2] 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):
c. 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):
a. LZ] days (specify number): 3-5
b. 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 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 L¥_] 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 [has £1] 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):
CHO Ree. ys, 2047 CASE MANAGEMENT STATEMENT Page zorCM-110
PLAINTIFF/PETITIONER: Ashraf Alyan [CASE NOWEER:
C19-00510
EFENDANT/RESPONDENT: Nancy Ismail, et al.
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 | 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 all that apply): | stipulation):
(2) Settlement
conference
Mediation session net yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date): 1
(3) Neutral-evaluation 1:
Agreed to complete neutral evaluation. by (date):
Neutral evaluation completed on (date): ,
1
Judicial arbitration not yet scheduled 1
(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): I
arbitration Agreed to complete private arbitration by (aate):
Private arbitration completed on (dafe):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify): 1
Agreed to complete ADR session by (date): :
ADR completed on (dafe):
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‘G¥-110 Rev. July 1, 2011] Page 5 ofS
CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER: Ashraf Alyan ‘CASE NUMBER:
, €19-00510
DEFENDANT/RESPONDENT: Nancy Ismail, et al.
11. Insurance
a Insurance cartier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. 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 [ 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. A motion to consolidate [_] coordinate —_will be filed by (name party):
14. Bifurcation
[4 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
[J The party or parties expect to file the following motions before trial (specify maving party, type of motion, and issues):
16. Discovery
a. [_] The party or parties have completed all discovery.
b. [7] The following discovery will be completed by the date specified (describe aif anticipated discovery):
Party Description Date
Plaintiff Third-Party Subpoenas June 10, 2020
Plaintiff Depositions of Nancy Ismail and Ingy Hodhod June 18, 2020
c. [] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify): '
(CV-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 4 of 5PLAINTIFF/PETITIONER: Ashraf Alyan CASE NUMBER:
‘€19-00510
DEFENDANT/RESPONDENT: _ Nancy Ismail, et al.
17. Economic litigation
a, This is.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. L_] 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
[1 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): ,
Defendants Nancy Ismail and Ingy Hodhod have filed a motion to quash personal jurisdiction scheduled for
June 5, 2020. On May 21, 2020, Ptaintiff is appearing by ex parte application to seek a 60-day continuance in
order to conduct jurisdictional discovery.
1
\
19, Meet and confer
a. L¥_] The party or partiés 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):
Jurisdictional discovery
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 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: May 21, 2020 .
¥ Signature by Fax
!
Matthew M. McElroy » (a fi é lage
v
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
atures are attached.
Cu Rev. sy 1.2011) CASE MANAGEMENT STATEMENT Page sors
Preview
ap . $28 D- (D CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Matthew M. McElroy (SBN: 309430) Castaneda & Co. 2131 The Alameda Suite C, San Jose,California 95126 TELEPHONE No.: (408) 998-5888 FAX NO. (Optionay: (408) 904-7391 E-MAIL ADDRESS (Opiiona): matthew@castanedaco.com ATTORNEY FOR (Name): Plaintiff: Ashraf Alyan SUPERIOR COURT OF CALIFORNIA, COUNTY OF Contra Costa street aooress: 725 Court Street MAILING ADDRESS: 725 Court Street ciry AND 2IP CODE. Martinez, 94553 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: June 2 2020 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. LZ] This statement is submitted by party (name): Ashraf Alyan b. This statement is submitted jointly by parties (names). 2. Complaint and cross-complaint (fo 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 (fo be answered by plaintiffs and cross-complainants only) a. LZ] Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed b. Ly] The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) v have been served but have not appeared and have not been dismissed (specify names): Salma Hodhod (3) have had a default entered against them (specify names): c. [1] 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 of case in complaint Ec) cross-complaint (Describe, including causes of action): This is a breach of contract and fraud case involving Plaintiff co-signing on student loans for Ingy Hodhod and Salma Hodhod based upon the representations made by their mother defendant Nancy Ismail. Page tof 5 Pom peored ss iar Ue CASE MANAGEMENT STATEMENT Cal Rises of Court CM-110 (Rev. July 1, 2011] www.courts.ca.govCM-110 PLAINTIFF/PETITIONER: Ashraf Alyan (CASE NUMBER: €19-00510 DEFENDANT/RESPONDENT: Nancy Ismall, 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, fost earnings 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 Plaintiff's 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 Attachment 4b.) 5. Jury or nonjury trial The party or parties request requesting a jury trial): Ga a jury trial [a nonjury trial. (if more than one party, provide the name of each party 6. Trial date ‘The trial has been set for (date): a. b. [2] 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): c. 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): a. LZ] days (specify number): 3-5 b. 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 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 L¥_] 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 [has £1] 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): CHO Ree. ys, 2047 CASE MANAGEMENT STATEMENT Page zorCM-110 PLAINTIFF/PETITIONER: Ashraf Alyan [CASE NOWEER: C19-00510 EFENDANT/RESPONDENT: Nancy Ismail, et al. 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 | 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 all that apply): | stipulation): (2) Settlement conference Mediation session net yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): 1 (3) Neutral-evaluation 1: Agreed to complete neutral evaluation. by (date): Neutral evaluation completed on (date): , 1 Judicial arbitration not yet scheduled 1 (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): I arbitration Agreed to complete private arbitration by (aate): Private arbitration completed on (dafe): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): 1 Agreed to complete ADR session by (date): : ADR completed on (dafe): Co oo Co Co Cl Co Co Cl Oo Co Oo Oo Cc ol Oo oo co oo Cc Co oo oo oO oO ‘G¥-110 Rev. July 1, 2011] Page 5 ofS CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER: Ashraf Alyan ‘CASE NUMBER: , €19-00510 DEFENDANT/RESPONDENT: Nancy Ismail, et al. 11. Insurance a Insurance cartier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. 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 [ 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. A motion to consolidate [_] coordinate —_will be filed by (name party): 14. Bifurcation [4 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 [J The party or parties expect to file the following motions before trial (specify maving party, type of motion, and issues): 16. Discovery a. [_] The party or parties have completed all discovery. b. [7] The following discovery will be completed by the date specified (describe aif anticipated discovery): Party Description Date Plaintiff Third-Party Subpoenas June 10, 2020 Plaintiff Depositions of Nancy Ismail and Ingy Hodhod June 18, 2020 c. [] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ' (CV-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5PLAINTIFF/PETITIONER: Ashraf Alyan CASE NUMBER: ‘€19-00510 DEFENDANT/RESPONDENT: _ Nancy Ismail, et al. 17. Economic litigation a, This is.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. L_] 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 [1 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): , Defendants Nancy Ismail and Ingy Hodhod have filed a motion to quash personal jurisdiction scheduled for June 5, 2020. On May 21, 2020, Ptaintiff is appearing by ex parte application to seek a 60-day continuance in order to conduct jurisdictional discovery. 1 \ 19, Meet and confer a. L¥_] The party or partiés 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): Jurisdictional discovery 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 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: May 21, 2020 . ¥ Signature by Fax ! Matthew M. McElroy » (a fi é lage v (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [) Additional (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) atures are attached. Cu Rev. sy 1.2011) CASE MANAGEMENT STATEMENT Page sors