Preview
CM-110
ATTORNEY OR PARTY WATHOUT ATTORNEY (Narme, Stato Bar number, and address) FOR COURT USE ONLY
Mark J. Sarni, Esq. (SBN 164364)
Attorney at Law
3424 Carson Street, Suite 350
Torrance, CA 90503
TELEPHONENO.; 310-542-0111 FAX NO. (Optional): 310-214-7254
E-MAIL ADDRESS: southbayadr@gmail.com
ATTORNEY FOR (Name): Defendant and Cross-Complainant
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
STREET ADDRESS: 701 Ocean Street
MAILING ADDRESS: (Same)
CITY AND zip cope: Santa Cruz, CA 95060
BRANCH NAME: Civil
PLAINTIFF/PETITIONER: JASON NEEL
DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, et al
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): [6] UNLIMITED CASE [J LIMITED CASE 21CV001212
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 20, 2023 Time: 8:30 a.m. Dept.: 5 Div. Room:
Address of court (if different from the address above):
[5c Notice of Intent to Appear by Telephone, by (name): Mark J. Sarni
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one).
a. [3c] This statement is submitted by party (name): Defendant and Cross-Complainant Rushmyfile, Inc.
b. [__] This statement is submitted jointly by parties (names)
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): August 13, 2021
b. [5¢] The cross-complaint, if any, was filed on (date): March 20, 2023
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. [5¢] The following parties named in the complaint or cross-complaint
(1) [3] have not been served (specify names and explain why not):
Code Molica (Out for Service as CA residence now clear after Mtn to Quash denied as to another X-Cmpt.)
(2) [5€] have been served but have not appeared and have not been dismissed (specify names):
Derek Wheat (sub-served 5/10/23, default unripe); Donald Schwartz (sub- served 5/10/23, Bk Ch. 13 Pending)
(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):
Description of case
a. Type ofcasein [__] complaint (G¢] cross-complaint (Describe, including causes of action):
Loan fraud case. Cross-Complaint is for indemnification against the actual alleged wrongdoers. Causes of action include (1)
Implied Contractual Indemnity; (2) Equitable Indemnity; (3) Contribution; (4) Apportionment of Fault; and, (5) Declaratory Relief.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of Califomia CASE MANAGEMENT STATEMENT rules 3.720-3.730,
(CM-110 [Rev. September 1, 2021] wwnw.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER
DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, et al 21CV001212
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
earings to date, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.)
Allegation is that three bad guys tricked a mentally ill person into signing powers of attorney. The bad guys then used the
powers of attorney to mortgage ill person's home for several hundred thousand dollars. Mentally ill person (Plaintiff) did not sue
the bad guys but instead the brokers and lenders associated with the mortgages - for millions. Issues about the validity of
Plaintiff's mental illness exist and why he did not sue - or prosecute - the actual alleged wrongdoers will be explored.
[__] (If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request [X_] a jury trial [J a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [__] The trial has been set for (date):
b. [5] 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):
Plaintiff delayed greatly in serving First Amended Complaint and all parties on Cross-Complaints have not appeared
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
8/18/23 - 8/25/23 (Vacation); 9/5/23 (MSJ Hearing); 9/15/23 - 9/22/23 (Trial Long Beach Sup. Ct.); 10/24/23 (Arbitration);
10/30/23-10/31/23 (Arbitration); 11/18/23 - 11/27/23 (Vacation); 12/22/23 - 12/26/23 (Holiday)
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [5¢] days (specify number): 7 (minimum)
b. [-_] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [5<] 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:
[J Additional representation is described in Attachment 8.
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 [__] has [J 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 [__] 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) [5€] 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 dispute is in excess of $50,000 and equitable relief sought.
0M-110 [Rev. September 1, 2021] Page
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CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER:
DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, et al 21CV001212
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):
[4<] Mediation session not yet scheduled
[J Mediation session scheduled for (date).
(1) Mediation ba [_)) Agreed to complete mediation by (date):
[J Mediation completed on (date):
[Ge 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):
[6<] Neutral evaluation not yet scheduled
[J Neutral evaluation scheduled for (date):
(3) Neutral evaluation
[J Agreed to complete neutral evaluation by (date):
[J 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
[J ADR session scheduled for (date):
(6) Other (specify):
[-) Agreed to complete ADR session by (date):
[-) ADR completed on (date):
(M-110 [Rev. September 1, 2021] Page
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CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER
DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, et al 21CV001212
11. Insurance
a. [__] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [__] Yes [J 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.
(Gq) Bankruptcy [__] Other (specify):
Status: Cross-Defendant, Donald Schwartz, an attorney, filed Chapter 13 Bk on April 6, 2023. Multiple objections to plan filed.
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:
[J Additional cases are described in Attachment 13a.
b. [__] Amotion 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
[G2] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant and Cross-Complainant Rushmyfile, Inc. reserves the right to file a motion for summary judgment.
16. Discovery
a. [__] The party or parties have completed all discovery
b. [5¢] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Def. and X-Complainant Rushmyfile, Inc. Written Discovery November 2023
Def. and X-Complainant Rushmyfile, Inc. Depositions December 2023
Def. and X-Complainant Rushmyile, Inc. Expert Depositions Per Code
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
‘CM-110 [Rev. September 1, 2021] Page
4 of §
CASE MANAGEMENT STATEMENT
CM-110
LAINTIFF/PETITIONER: JASON NEEL CASE NUMBER:
DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, et al 21CV001212
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
[Ge] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Defendant and Cross-Complainant Rushmyfile, Inc. requests a continued CMC for early September to allow for all parties to
be served and appear. Also, counsel for Rushmyfile, Inc. is informed and believes that Cross-Defendant Donald Schwartz
will no longer have an active bk at that time. (The expectation is that the Chapter 13 plan will not be approved and the case
dismissed.)
19. Meet and confer
a. [3<] 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):
| have not met and conferred with all parties on all subjects. | have communicated with counsel for parties in this matter
as it relates to alternative dispute resolution - in this case, mediation - and | believe all parties are open to this option.
b. [3€] After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
See above -19a.
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 12, 2023
44>
Mark J. Sarni » 47.
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
[-] Additional signatures are attached
‘GM-110 [Rev. September 1, 2021] Page 5 of 5
CASE MANAGEMENT STATEMENT
PROOF OF SERVICE
STATE OF CALIFORNIA )
Ss
COUNTY OF LOS ANGELES )
I am employed in the county of Los Angeles, State of California. I am over the
age of 18 and not a party to the within action; my business address is 3424 Carson Street,
Suite 350, Torrance, CA 90503.
On June 12, 2023, I served the following documents by the means indicated
below:
CASE MANAGEMENT STATEMENT
on the interested parties as follows by the following means:
(See Attached Service List)
10
11
(BY OVERNIGHT MAIL) As follows: I am "readily familiar" with the firm's
practice of collection and processing correspondence for mailing. Under that
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practice it would be deposited with Fed Express on that same day with postage
13
thereon fully prepaid at Torrance, California in the ordinary course of business. |
am aware that on motion of the party served, service is presumed invalid if postal
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cancellation date or postage meter date is more than one day after date of deposit
for mailing in affidavit.
15
(BY MAIL) As follows: I am "readily familiar" with the firm's practice of
16 collection and processing correspondence for mailing. Under that practice it
would be deposited with U.S. postal service on that same day with postage
17 thereon fully prepaid at Torrance, California in the ordinary course of business. I
am aware that on motion of the party served, service is presumed invalid if postal
18 cancellation date or postage meter date is more than one day after date of deposit
for mailing in affidavit.
19
(BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED). I deposited these
20 papers with the United States Postal Service, in a sealed envelope with postage
fully prepaid. I am a resident or employed in the county where the notice was
21 mailed. I used certified mail and requested a return receipt. The envelope was
addressed and mailed to the other party as follows:
22
(1) Name:
23
24 (2) Address on envelope:
25 (3) Date Mailed:
26
(4) Place of mailing (city, state):
27
(BY PERSONAL SERVICE) I delivered such envelope by first class mail to the
Santa Clara County Sheriffs Office with Instructions to personally serve the
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CASE NO. 21CV001212
PROOF OF SERVICE
above identified parties at the address identified or at such other address as the
Santa Clara County Sheriffs Office can locate the above identified parties.
(BY FAX) As follows: On at approximately p.m. by use
of facsimile machine number (310) 214-7254, I served a copy of the foregoing on
the interested parties in this action by transmitting by facsimile machine to the
following: [C.C.P. § 1013(e)] SEE ATTACHED SERVICE LIST
(BY E-MAIL OR ELECTRONIC TRANSMISSION) As follows: I caused a
copy of the document(s) to be sent from e-mail address southbayadr@gmail.com
to the persons at the e-mail addresses listed below. I did not receive, within
reasonable time after the transmission, any electronic message or other indication
that the transmission was unsuccessful. The following parties were served
electronically at the following email addresses:
(STATE) I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
10
Oo (FEDERAL) I declare that I am employed in the office of a member of the bar of
11
this court at whose direction the service was made.
iz
Executed on June 12, 2023, at Torrance, California.
13
OG
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MARK J. SARNI
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SERVICE LIST
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CASE NO. 21CV001212
PROOF OF SERVICE
Thornton Davidson, Esq. Attorney for Plaintiff, Jason Neel - (BY
THORNTON DAVIDSON, P.C EMAIL ONLY)
1195W. Shaw Ave., Ste. A
Fresno, CA 93711
thornton@thorntondavidsonlaw.com
PamelaD. Simmons, Esq.
William Purdy, Esq. Attorneys for Plaintiff, Jason Neel - (BY
LAW OFFICE OF SIMMONS & PURDY EMAIL ONLY)
2425 Porter Street, Suite 10
Soquel, CA 95073
pamela@pamelaw.com
bill amelaw.com
JeffreyH. Lowenthal, Esq: Attorneys for Defendant and Cross-
Edward Egan Smith, Esq. Complainant, United States Real Estate
10 MatthewW. Delbridge, Esq. Corporation - (BY EMAIL ONLY)
STEYER LOWENTHAL
1 BOODROOKAS ALVAREZ & SMITH
LLP
12 235 Pine Street, 15" Floor
San Francisco, CA 94104
13 lowenthal steyerlaw.com
smith@steyerlaw.com
14 mdelbridge@steyerlaw.com
15
Edward T. Weber, Esq Attorney for Defendants Superior Loan
16 Kristi M. Wells, Es: Servicing and Asset Default Management.
Law Office of Edward T. Weber Inc. (BY EMAIL ONLY)
17 17151 Newhope Street, Suite 203
Fountain Valley, CA 92708
18 d@weberlegal.com
kristi@edweberlegal.com
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Michael T. Beuselinck, Esq
21
Michal Beuselinck, P.S. Attorney for Defendant and Cross-Defendant.
490 43" Street #37 CNA Equity Group, Inc. — (BY EMAIL
22 Oakland, CA 94609 ONLY)
mike@lawmtb.com
23
Cody Molica Defendant and Cross-Defendant, In Pro Per —
24 1029 North Road #175 (BY EMAIL ONLY)
Westfield, MA 01085
25 cmolical 1@gmail.com
26
27 StevenE. Ernest, Esq. Co-Counsel for Defendant United States Real
Jacoby Perez, Esq Estate Corporation (BY EMAIL ONLY)
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CASE NO. 21CV001212
PROOF OF SERVICE
Geraci, 90 Discovery
Irvine, CA 92618-3105
.ernest@geracillp.com
j.perez@geracillp.com
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CASE NO. 21CV001212
PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WATHOUT ATTORNEY (Narme, Stato Bar number, and address) FOR COURT USE ONLY Mark J. Sarni, Esq. (SBN 164364) Attorney at Law 3424 Carson Street, Suite 350 Torrance, CA 90503 TELEPHONENO.; 310-542-0111 FAX NO. (Optional): 310-214-7254 E-MAIL ADDRESS: southbayadr@gmail.com ATTORNEY FOR (Name): Defendant and Cross-Complainant SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: 701 Ocean Street MAILING ADDRESS: (Same) CITY AND zip cope: Santa Cruz, CA 95060 BRANCH NAME: Civil PLAINTIFF/PETITIONER: JASON NEEL DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, et al CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): [6] UNLIMITED CASE [J LIMITED CASE 21CV001212 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 20, 2023 Time: 8:30 a.m. Dept.: 5 Div. Room: Address of court (if different from the address above): [5c Notice of Intent to Appear by Telephone, by (name): Mark J. Sarni INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one). a. [3c] This statement is submitted by party (name): Defendant and Cross-Complainant Rushmyfile, Inc. b. [__] This statement is submitted jointly by parties (names) Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): August 13, 2021 b. [5¢] The cross-complaint, if any, was filed on (date): March 20, 2023 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. [5¢] The following parties named in the complaint or cross-complaint (1) [3] have not been served (specify names and explain why not): Code Molica (Out for Service as CA residence now clear after Mtn to Quash denied as to another X-Cmpt.) (2) [5€] have been served but have not appeared and have not been dismissed (specify names): Derek Wheat (sub-served 5/10/23, default unripe); Donald Schwartz (sub- served 5/10/23, Bk Ch. 13 Pending) (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): Description of case a. Type ofcasein [__] complaint (G¢] cross-complaint (Describe, including causes of action): Loan fraud case. Cross-Complaint is for indemnification against the actual alleged wrongdoers. Causes of action include (1) Implied Contractual Indemnity; (2) Equitable Indemnity; (3) Contribution; (4) Apportionment of Fault; and, (5) Declaratory Relief. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of Califomia CASE MANAGEMENT STATEMENT rules 3.720-3.730, (CM-110 [Rev. September 1, 2021] wwnw.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, et al 21CV001212 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 earings to date, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.) Allegation is that three bad guys tricked a mentally ill person into signing powers of attorney. The bad guys then used the powers of attorney to mortgage ill person's home for several hundred thousand dollars. Mentally ill person (Plaintiff) did not sue the bad guys but instead the brokers and lenders associated with the mortgages - for millions. Issues about the validity of Plaintiff's mental illness exist and why he did not sue - or prosecute - the actual alleged wrongdoers will be explored. [__] (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request [X_] a jury trial [J a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. [__] The trial has been set for (date): b. [5] 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): Plaintiff delayed greatly in serving First Amended Complaint and all parties on Cross-Complaints have not appeared c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 8/18/23 - 8/25/23 (Vacation); 9/5/23 (MSJ Hearing); 9/15/23 - 9/22/23 (Trial Long Beach Sup. Ct.); 10/24/23 (Arbitration); 10/30/23-10/31/23 (Arbitration); 11/18/23 - 11/27/23 (Vacation); 12/22/23 - 12/26/23 (Holiday) Estimated length of trial The party or parties estimate that the trial will take (check one): a. [5¢] days (specify number): 7 (minimum) b. [-_] hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [5<] 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: [J Additional representation is described in Attachment 8. 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 [__] has [J 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 [__] 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) [5€] 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 dispute is in excess of $50,000 and equitable relief sought. 0M-110 [Rev. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER: DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, et al 21CV001212 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): [4<] Mediation session not yet scheduled [J Mediation session scheduled for (date). (1) Mediation ba [_)) Agreed to complete mediation by (date): [J Mediation completed on (date): [Ge 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): [6<] Neutral evaluation not yet scheduled [J Neutral evaluation scheduled for (date): (3) Neutral evaluation [J Agreed to complete neutral evaluation by (date): [J 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 [J ADR session scheduled for (date): (6) Other (specify): [-) Agreed to complete ADR session by (date): [-) ADR completed on (date): (M-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, et al 21CV001212 11. Insurance a. [__] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [__] Yes [J 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. (Gq) Bankruptcy [__] Other (specify): Status: Cross-Defendant, Donald Schwartz, an attorney, filed Chapter 13 Bk on April 6, 2023. Multiple objections to plan filed. 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: [J Additional cases are described in Attachment 13a. b. [__] Amotion 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 [G2] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant and Cross-Complainant Rushmyfile, Inc. reserves the right to file a motion for summary judgment. 16. Discovery a. [__] The party or parties have completed all discovery b. [5¢] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Def. and X-Complainant Rushmyfile, Inc. Written Discovery November 2023 Def. and X-Complainant Rushmyfile, Inc. Depositions December 2023 Def. and X-Complainant Rushmyile, Inc. Expert Depositions Per Code c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ‘CM-110 [Rev. September 1, 2021] Page 4 of § CASE MANAGEMENT STATEMENT CM-110 LAINTIFF/PETITIONER: JASON NEEL CASE NUMBER: DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, et al 21CV001212 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 [Ge] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Defendant and Cross-Complainant Rushmyfile, Inc. requests a continued CMC for early September to allow for all parties to be served and appear. Also, counsel for Rushmyfile, Inc. is informed and believes that Cross-Defendant Donald Schwartz will no longer have an active bk at that time. (The expectation is that the Chapter 13 plan will not be approved and the case dismissed.) 19. Meet and confer a. [3<] 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): | have not met and conferred with all parties on all subjects. | have communicated with counsel for parties in this matter as it relates to alternative dispute resolution - in this case, mediation - and | believe all parties are open to this option. b. [3€] After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): See above -19a. 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 12, 2023 44> Mark J. Sarni » 47. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) [-] Additional signatures are attached ‘GM-110 [Rev. September 1, 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE STATE OF CALIFORNIA ) Ss COUNTY OF LOS ANGELES ) I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 3424 Carson Street, Suite 350, Torrance, CA 90503. On June 12, 2023, I served the following documents by the means indicated below: CASE MANAGEMENT STATEMENT on the interested parties as follows by the following means: (See Attached Service List) 10 11 (BY OVERNIGHT MAIL) As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that 12 practice it would be deposited with Fed Express on that same day with postage 13 thereon fully prepaid at Torrance, California in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal 14 cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 15 (BY MAIL) As follows: I am "readily familiar" with the firm's practice of 16 collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage 17 thereon fully prepaid at Torrance, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal 18 cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 19 (BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED). I deposited these 20 papers with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the notice was 21 mailed. I used certified mail and requested a return receipt. The envelope was addressed and mailed to the other party as follows: 22 (1) Name: 23 24 (2) Address on envelope: 25 (3) Date Mailed: 26 (4) Place of mailing (city, state): 27 (BY PERSONAL SERVICE) I delivered such envelope by first class mail to the Santa Clara County Sheriffs Office with Instructions to personally serve the 28 CASE NO. 21CV001212 PROOF OF SERVICE above identified parties at the address identified or at such other address as the Santa Clara County Sheriffs Office can locate the above identified parties. (BY FAX) As follows: On at approximately p.m. by use of facsimile machine number (310) 214-7254, I served a copy of the foregoing on the interested parties in this action by transmitting by facsimile machine to the following: [C.C.P. § 1013(e)] SEE ATTACHED SERVICE LIST (BY E-MAIL OR ELECTRONIC TRANSMISSION) As follows: I caused a copy of the document(s) to be sent from e-mail address southbayadr@gmail.com to the persons at the e-mail addresses listed below. I did not receive, within reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. The following parties were served electronically at the following email addresses: (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 10 Oo (FEDERAL) I declare that I am employed in the office of a member of the bar of 11 this court at whose direction the service was made. iz Executed on June 12, 2023, at Torrance, California. 13 OG 14 MARK J. SARNI 15 16 17 18 19 20 21 22 23 24 25 26 27 SERVICE LIST 28 CASE NO. 21CV001212 PROOF OF SERVICE Thornton Davidson, Esq. Attorney for Plaintiff, Jason Neel - (BY THORNTON DAVIDSON, P.C EMAIL ONLY) 1195W. Shaw Ave., Ste. A Fresno, CA 93711 thornton@thorntondavidsonlaw.com PamelaD. Simmons, Esq. William Purdy, Esq. Attorneys for Plaintiff, Jason Neel - (BY LAW OFFICE OF SIMMONS & PURDY EMAIL ONLY) 2425 Porter Street, Suite 10 Soquel, CA 95073 pamela@pamelaw.com bill amelaw.com JeffreyH. Lowenthal, Esq: Attorneys for Defendant and Cross- Edward Egan Smith, Esq. Complainant, United States Real Estate 10 MatthewW. Delbridge, Esq. Corporation - (BY EMAIL ONLY) STEYER LOWENTHAL 1 BOODROOKAS ALVAREZ & SMITH LLP 12 235 Pine Street, 15" Floor San Francisco, CA 94104 13 lowenthal steyerlaw.com smith@steyerlaw.com 14 mdelbridge@steyerlaw.com 15 Edward T. Weber, Esq Attorney for Defendants Superior Loan 16 Kristi M. Wells, Es: Servicing and Asset Default Management. Law Office of Edward T. Weber Inc. (BY EMAIL ONLY) 17 17151 Newhope Street, Suite 203 Fountain Valley, CA 92708 18 d@weberlegal.com kristi@edweberlegal.com 19 20 Michael T. Beuselinck, Esq 21 Michal Beuselinck, P.S. Attorney for Defendant and Cross-Defendant. 490 43" Street #37 CNA Equity Group, Inc. — (BY EMAIL 22 Oakland, CA 94609 ONLY) mike@lawmtb.com 23 Cody Molica Defendant and Cross-Defendant, In Pro Per — 24 1029 North Road #175 (BY EMAIL ONLY) Westfield, MA 01085 25 cmolical 1@gmail.com 26 27 StevenE. Ernest, Esq. Co-Counsel for Defendant United States Real Jacoby Perez, Esq Estate Corporation (BY EMAIL ONLY) 28 CASE NO. 21CV001212 PROOF OF SERVICE Geraci, 90 Discovery Irvine, CA 92618-3105 .ernest@geracillp.com j.perez@geracillp.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 21CV001212 PROOF OF SERVICE