Preview
. CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Tahir Joel Naim (CA SBN 160725)
PO Box 491
Santa Clara, CA 95052-0491 ;
3/23/2023
TELEPHONE NO.: 650.207-6246 FAX NO. (Optional):
E-MAIL ADDRESS: tahir@naimlaw.com
ATTORNEY FOR (Name): Nimesh and Puja Jaspal, Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 800 N. HUMBOLDT
MAILING ADDRESS: Same
CITY AND ZIP CODE: San Mateo 94401
BRANCH NAME: Central Courthouse
PLAINTIFF/PETITIONER: Nimesh S. Jaspal and Puja Jaspal
DEFENDANT/RESPONDENT: Bank of America, N.A., et alia
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [_X_] UNLIMITED CASE [_] LIMITED CASE 22-ClV-00145
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 4/6/2023 Time: 9:00am Dept.: 35 Div.: Civil Room: H
Address of court (if different from the address above):
[_x_] Notice of Intent to Appear by Telephone, by (name): Tahir J Naim
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [__] This statement is submitted by party (name):
b. (_X_] This statement is submitted jointly by parties (names): Nimesh Jaspal and Puja Jaspal
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): January 18, 2022
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. [__] 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. [_] 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 [| cross-compiaint (Describe, including causes of action):
Quiet title (Unlimited Civil) to remove defendant's judgment lien on plaintiffs' home. Tort claims voluntaril
y dismissed after meet
and confer. Vacate prior default judgment (Limited Civil) entered May 4, 2018, in Case No. 17CLJ057
16 in San Mateo Superior
Court.
Page 1 of§
a oalein Coe for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rul f Court,
mules 3 720-3736
CM-110 [Rev. September 1, 2021]
www.courts. Ca. gov
CM-110
. PLAINTIFF/PETITIONER: Nimesh S. Jaspal and Puja Jaspal CASE NUMBER:
DEFENDANT/RESPONDENT: Bank of America, N.A., et alia 22-ClV-00145
4. b. Providea brief statement of the case, including any damages. (/f 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.)
: Plaintiffs allege default judgment in Case No. 17CLJ05716 is void for lack of personal service on sole defendant, Nimesh S.
Jaspal. Plaintiffs seek default vacated and quiet title in their home by lifting of the judgment lien defendant has placed on their
home. This has prevented them from refinancing their home and kept them a borrower of defendant.
L_] (f 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 [x | a jury trial [_] anonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
Jaspals - though only if claims include those not in either equity or limited civil jurisdiction.
6. Trial date
a. [__] The trial has been set for (date):
b. [x] 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):
June 1-21, 2023 for tentative family travel. Aug. 12-26, 2023, Oct. 7-31, Nov. 20-24, Dec. 20, 2023 to Jan. 5, 2024 for same.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [x] days (specify number): One.
b. [__] 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:
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 of the California Rules of Court for information about the
processes available through the court and community programs in this case.
(1) For parties represented by counsel: Counsel [x] has [__] has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
3.221.
(2) For self-represented parties: Party [__] has [__] has not reviewed the ADR information package identified in rule
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 Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
a Page 2 of §
CASE MANAGEMENT STATEMENT
CM-110 [Rev. September 1, 2021]
CM-110
PLAINTIFF/PETITIONER: Nimesh S. Jaspal and Puja Jaspal CASE NUMBER:
DEFENDANT/RESPONDENT: Bank of America, N.A., et alia 22-CIV-00145
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 aif that apply): |stipulation):
{___] Mediation session not yet scheduled
. [__] Mediation session scheduled for (date):
(1) Mediation [___] 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
; [| Neutral evaiuation scheduled for (date):
(3) Neutral evaluation .
[_] Agreed to complete neutral evaluation by (date):
[__] Neutral evaluation completed on (date):
[x ] Judicial arbitration not yet scheduled
(4) Nonbinding judicial [”] Judicial arbitration scheduled for (date):
arbitration [_] Agreed to complete judicial arbitration by (date):
L___]| Judicial arbitration completed on (date):
[] Private arbitration not yet scheduled
(5) Binding private [___] Private arbitration scheduled for (date):
arbitration L_] Agreed to complete private arbitration by (date):
[| Private arbitration completed on (date):
[ ] ADR session not yet scheduled
(6) Other (specify): [-_] ADR session scheduled for (date):
[__] Agreed to complete ADR session by (date):
[__] ADR completed on (date):
eee
CN110 [Rey Ete OD
EMO TRe¥. September
1, 2021 CASE MANAGEMENT STATEMENT Page
$ of §
CM-110
PLAINTIFF/PETITIONER: Nimesh S. Jaspal and Puja Jaspal CASE NUMBER:
DEFENDANT/RESPONDENT: Bank of America, N.A., et alia 22-CIV-00145
11. Insurance
a. [| Insurance carrier, 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. [_x] There are companion, underlying, or related cases.
(1) Name of case: Bank of America, N.A. vs. Nimesh S. Jaspal
(2) Name of court: Superior Court of California, San Mateo County
(3) Case number: 17-CLJ-05716
(4) Status: Closed. Default Judgment entered May 4, 2018
[__] Additional cases are described in Attachment 13a.
b. [__] 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
[3<] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues).
No motion anticipated at the moment. Discovery paused during settlement discussions. If necessary to proceed to discovery,
then motions to compel responses/production are anticipated (moving party would be plaintiffs, but possibly also defendants).
16. Discovery
a. [__] The party or parties have completed all discovery.
b. [3%] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs interrogatories, Depositions, Production of Records 12/17/2023
¢. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
—oqDoDoDoDaoeoeooaoaoaoaoaeee ee eeeeeeeoOormrm OO
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of §
CM-110
PLAINTIFF/PETITIONER: Nimesh S. Jaspal and Puja Jaspal CASE NUMBER:
DEFENDANT/RESPONDENT: Bank of America, N.A., et alia o, 22-CIV-00145
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
[-x_] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
As ordered, counsel have discussed ADR, but have not agreed to ADR. Plaintiffs are open to free, non-binding ADR as the
view of a neutral can be helpful. What one of the nation's giant banks views as a "minor" provision is not necessarily such
when seen on a human scale. As clarification, the Feb. 7, 2023, "proposed settlement” was not a writing, only an oral outline,
and we understand not reviewed in full with BANA. Still, we have responded and likely are on the cusp of settlement.
19. Meet and confer
a. [_x] 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): None
| 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--~—-y~—---,
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Date: March 23, 2023 ae fo wf
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Tahir J Naim
(TYPE OR PRINT NAME)
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(SIG (ATURE OF PARTY OR ATTORNEY)
> “
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[___] Additional signatures are attached.
CM-110 [Rev. September 1, 2024] CASE MANAGEMENT STATEMENT Page 5 of §
Preview
. CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Tahir Joel Naim (CA SBN 160725) PO Box 491 Santa Clara, CA 95052-0491 ; 3/23/2023 TELEPHONE NO.: 650.207-6246 FAX NO. (Optional): E-MAIL ADDRESS: tahir@naimlaw.com ATTORNEY FOR (Name): Nimesh and Puja Jaspal, Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 800 N. HUMBOLDT MAILING ADDRESS: Same CITY AND ZIP CODE: San Mateo 94401 BRANCH NAME: Central Courthouse PLAINTIFF/PETITIONER: Nimesh S. Jaspal and Puja Jaspal DEFENDANT/RESPONDENT: Bank of America, N.A., et alia CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [_X_] UNLIMITED CASE [_] LIMITED CASE 22-ClV-00145 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 4/6/2023 Time: 9:00am Dept.: 35 Div.: Civil Room: H Address of court (if different from the address above): [_x_] Notice of Intent to Appear by Telephone, by (name): Tahir J Naim INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [__] This statement is submitted by party (name): b. (_X_] This statement is submitted jointly by parties (names): Nimesh Jaspal and Puja Jaspal 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): January 18, 2022 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. [__] 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. [_] 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 [| cross-compiaint (Describe, including causes of action): Quiet title (Unlimited Civil) to remove defendant's judgment lien on plaintiffs' home. Tort claims voluntaril y dismissed after meet and confer. Vacate prior default judgment (Limited Civil) entered May 4, 2018, in Case No. 17CLJ057 16 in San Mateo Superior Court. Page 1 of§ a oalein Coe for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rul f Court, mules 3 720-3736 CM-110 [Rev. September 1, 2021] www.courts. Ca. gov CM-110 . PLAINTIFF/PETITIONER: Nimesh S. Jaspal and Puja Jaspal CASE NUMBER: DEFENDANT/RESPONDENT: Bank of America, N.A., et alia 22-ClV-00145 4. b. Providea brief statement of the case, including any damages. (/f 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.) : Plaintiffs allege default judgment in Case No. 17CLJ05716 is void for lack of personal service on sole defendant, Nimesh S. Jaspal. Plaintiffs seek default vacated and quiet title in their home by lifting of the judgment lien defendant has placed on their home. This has prevented them from refinancing their home and kept them a borrower of defendant. L_] (f 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 [x | a jury trial [_] anonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Jaspals - though only if claims include those not in either equity or limited civil jurisdiction. 6. Trial date a. [__] The trial has been set for (date): b. [x] 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): June 1-21, 2023 for tentative family travel. Aug. 12-26, 2023, Oct. 7-31, Nov. 20-24, Dec. 20, 2023 to Jan. 5, 2024 for same. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [x] days (specify number): One. b. [__] 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: 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [x] has [__] has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. 3.221. (2) For self-represented parties: Party [__] has [__] has not reviewed the ADR information package identified in rule 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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): a Page 2 of § CASE MANAGEMENT STATEMENT CM-110 [Rev. September 1, 2021] CM-110 PLAINTIFF/PETITIONER: Nimesh S. Jaspal and Puja Jaspal CASE NUMBER: DEFENDANT/RESPONDENT: Bank of America, N.A., et alia 22-CIV-00145 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 aif that apply): |stipulation): {___] Mediation session not yet scheduled . [__] Mediation session scheduled for (date): (1) Mediation [___] 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 ; [| Neutral evaiuation scheduled for (date): (3) Neutral evaluation . [_] Agreed to complete neutral evaluation by (date): [__] Neutral evaluation completed on (date): [x ] Judicial arbitration not yet scheduled (4) Nonbinding judicial [”] Judicial arbitration scheduled for (date): arbitration [_] Agreed to complete judicial arbitration by (date): L___]| Judicial arbitration completed on (date): [] Private arbitration not yet scheduled (5) Binding private [___] Private arbitration scheduled for (date): arbitration L_] Agreed to complete private arbitration by (date): [| Private arbitration completed on (date): [ ] ADR session not yet scheduled (6) Other (specify): [-_] ADR session scheduled for (date): [__] Agreed to complete ADR session by (date): [__] ADR completed on (date): eee CN110 [Rey Ete OD EMO TRe¥. September 1, 2021 CASE MANAGEMENT STATEMENT Page $ of § CM-110 PLAINTIFF/PETITIONER: Nimesh S. Jaspal and Puja Jaspal CASE NUMBER: DEFENDANT/RESPONDENT: Bank of America, N.A., et alia 22-CIV-00145 11. Insurance a. [| Insurance carrier, 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. [_x] There are companion, underlying, or related cases. (1) Name of case: Bank of America, N.A. vs. Nimesh S. Jaspal (2) Name of court: Superior Court of California, San Mateo County (3) Case number: 17-CLJ-05716 (4) Status: Closed. Default Judgment entered May 4, 2018 [__] Additional cases are described in Attachment 13a. b. [__] 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 [3<] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues). No motion anticipated at the moment. Discovery paused during settlement discussions. If necessary to proceed to discovery, then motions to compel responses/production are anticipated (moving party would be plaintiffs, but possibly also defendants). 16. Discovery a. [__] The party or parties have completed all discovery. b. [3%] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs interrogatories, Depositions, Production of Records 12/17/2023 ¢. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): —oqDoDoDoDaoeoeooaoaoaoaoaeee ee eeeeeeeoOormrm OO CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of § CM-110 PLAINTIFF/PETITIONER: Nimesh S. Jaspal and Puja Jaspal CASE NUMBER: DEFENDANT/RESPONDENT: Bank of America, N.A., et alia o, 22-CIV-00145 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 [-x_] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): As ordered, counsel have discussed ADR, but have not agreed to ADR. Plaintiffs are open to free, non-binding ADR as the view of a neutral can be helpful. What one of the nation's giant banks views as a "minor" provision is not necessarily such when seen on a human scale. As clarification, the Feb. 7, 2023, "proposed settlement” was not a writing, only an oral outline, and we understand not reviewed in full with BANA. Still, we have responded and likely are on the cusp of settlement. 19. Meet and confer a. [_x] 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): None | 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--~—-y~—---, — —_ a a 7 7) a Date: March 23, 2023 ae fo wf fo a Lott Lo? yee > Cy aea é an Tahir J Naim (TYPE OR PRINT NAME) we (SIG (ATURE OF PARTY OR ATTORNEY) > “ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [___] Additional signatures are attached. CM-110 [Rev. September 1, 2024] CASE MANAGEMENT STATEMENT Page 5 of §