On July 27, 2018 a
Conference
was filed
involving a dispute between
Capital Bank Usa Na,
and
Kelli S Beyer,
for 3.740 Collections: Limited $10,000 - $25,000
in the District Court of Stanislaus County.
Preview
v
fivw-i‘
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME. ADDRESS, PHONE, STATE BAR S!) FOR COURT USE ONL Y
Hunt & Henriques. Attorneys at Law
Michael S. Hunt. Esq. #99804 Janalie Henriques, Esq. #1 1 1589
151 Bemal Road Suite 8
San José CA 951 1 9-1 306 (408) 362-2270
Attorney Fon Plaintiff
SUPERIOR COURT 0F CALIFORNIA. COUNTY OF STANISLAUS
Mailing Address: 801 10‘“ Street, 4‘“ Floor, Modesto. CA 95354
Civii Clerk's Office: 801 10‘“ Street, 4‘“ Hoor, Modesto, CA 95354
Plaimm/Pomloner: CAPHAL ONE BANK (USA). NA.
Defendant/Reapondent: KELLI S BEYER
CASE MANAGEMENT CONFERENCE WAIVER
S?Niménnm 9 9 6
Good cause appearing:
l. This case
all
is assigned Io
purposes, including trial.
STACY P. SPEILLER
in Departmem E, for
*Departments 23 und 24 are located at 801 IO'" Street, 4‘“ Floor, Modesto, CA 95354
*Departments 2] and 22 are located a1 80] 10‘“ Street, 6‘“ Floor, Modesto, CA 95354
4'“ Floor.
All filings shall be filed in the Clerk’s Office at the City Towers Building, 801 10‘“ Street,
You have 30 calendar days lo file a written response with this court after the legal papers and the summons
were served on you. You must also serve a copy of your written response on the plaintiff.
2. Case Management Conference is waived. Case is exempt from Case Management
Conference Pursuant lo Local Rule 3.02C.
3. The lawsuit shall be placed in Plan l.
-
AUG 2 2019
4. The lawsuit shall be s'el for Court trial on at 08:30 am.
J
5. Estimated time for trial is '/2 day.
6. Al least one pany demanding ajury trial on each side of a civil case must pay a
nonrefundable udvancejury fee 0f $|50.00 0n 0r before the initial case management
conference or as otherwise provided by statute.
'27 201B
JUL
Dated: by:
WETTE HORTA-
CVOOI Mandatory Form Rev OI/2013
Rule 3.740 of the California Rules of Court. Management of Collection Cases
(8) [Definition] “Collections case means an action for recovery of money owed in a sum stated to be certain
that is not more than $25,000, exclusive of interest and attorney fees, arising from a transaction in which
property. services or money was acquired on credit.
(b) [Civil Case Cover Sheet] If a case meets the definition in (a), a plaintiff must check the case type box on
the Civil Case Cover Sheet (form CM-010) to indicate that the case is a collections case under rule 3.740
and serve the Civil Case Cover Sheet (form CM-010) with the initial complaint.
(C) [Exemption trom general time-for-service requirement and case management rutes] A collections
case is exempt trom: (1) The time-ior-service requirements of rule 3.1 10(13): and (2) The case
management rules that apply to all general civii case under rules 3712-3715 and 3721-3730 uniess a
defendant iiles a responsive pleading.
(d) [Time for service] The compiaint in a collections case must be served on ali named defendants, and
proofs of service on those defendants must be filed. or the plaintiff must obtain an order for publication of
the summons. within 180 days after the filing of the compiaint.
(e) [Effect of failure to serve within the required time] If proofs of service on all defendants are not filed or
the plaintiff has not obtained an order for publication oi the summons within 180 days after the filing of the
complaint. the court may issue an order to show cause why reasonable monetary sanctions should not be
imposed. If proofs of service on all defendants are filed or an order ior pubiication oi the summons is filed
at least 10 court days before the order to show cause hearing, the coun must continue the hearing to 360
days after the filing oi the complaint.
(D [Effect of failure to obtain default judgment within required time) if proofs of service of the complaint
are tiled or service by publication is made and defendants do not file responsive pleadings. the plaintiff
must obtain a default judgment within 360 days after the filing of the complaint. It the plaintiff has not
obtained a default judgment by that time, the court must issue an order to show cause why reasonable
monetary sanctions should not be imposed. The order to show cause must be vacated ii the plaintiff
obtains a default judgment at least 10 court days before the order to show cause hearing.
CV00] Mandatory Form Rev Ol/20l3
Document Filed Date
July 27, 2018
Case Filing Date
July 27, 2018
Category
3.740 Collections: Limited $10,000 - $25,000
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
v fivw-i‘ ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME. ADDRESS, PHONE, STATE BAR S!) FOR COURT USE ONL Y Hunt & Henriques. Attorneys at Law Michael S. Hunt. Esq. #99804 Janalie Henriques, Esq. #1 1 1589 151 Bemal Road Suite 8 San José CA 951 1 9-1 306 (408) 362-2270 Attorney Fon Plaintiff SUPERIOR COURT 0F CALIFORNIA. COUNTY OF STANISLAUS Mailing Address: 801 10‘“ Street, 4‘“ Floor, Modesto. CA 95354 Civii Clerk's Office: 801 10‘“ Street, 4‘“ Hoor, Modesto, CA 95354 Plaimm/Pomloner: CAPHAL ONE BANK (USA). NA. Defendant/Reapondent: KELLI S BEYER CASE MANAGEMENT CONFERENCE WAIVER S?Niménnm 9 9 6 Good cause appearing: l. This case all is assigned Io purposes, including trial. STACY P. SPEILLER in Departmem E, for *Departments 23 und 24 are located at 801 IO'" Street, 4‘“ Floor, Modesto, CA 95354 *Departments 2] and 22 are located a1 80] 10‘“ Street, 6‘“ Floor, Modesto, CA 95354 4'“ Floor. All filings shall be filed in the Clerk’s Office at the City Towers Building, 801 10‘“ Street, You have 30 calendar days lo file a written response with this court after the legal papers and the summons were served on you. You must also serve a copy of your written response on the plaintiff. 2. Case Management Conference is waived. Case is exempt from Case Management Conference Pursuant lo Local Rule 3.02C. 3. The lawsuit shall be placed in Plan l. - AUG 2 2019 4. The lawsuit shall be s'el for Court trial on at 08:30 am. J 5. Estimated time for trial is '/2 day. 6. Al least one pany demanding ajury trial on each side of a civil case must pay a nonrefundable udvancejury fee 0f $|50.00 0n 0r before the initial case management conference or as otherwise provided by statute. '27 201B JUL Dated: by: WETTE HORTA- CVOOI Mandatory Form Rev OI/2013 Rule 3.740 of the California Rules of Court. Management of Collection Cases (8) [Definition] “Collections case means an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney fees, arising from a transaction in which property. services or money was acquired on credit. (b) [Civil Case Cover Sheet] If a case meets the definition in (a), a plaintiff must check the case type box on the Civil Case Cover Sheet (form CM-010) to indicate that the case is a collections case under rule 3.740 and serve the Civil Case Cover Sheet (form CM-010) with the initial complaint. (C) [Exemption trom general time-for-service requirement and case management rutes] A collections case is exempt trom: (1) The time-ior-service requirements of rule 3.1 10(13): and (2) The case management rules that apply to all general civii case under rules 3712-3715 and 3721-3730 uniess a defendant iiles a responsive pleading. (d) [Time for service] The compiaint in a collections case must be served on ali named defendants, and proofs of service on those defendants must be filed. or the plaintiff must obtain an order for publication of the summons. within 180 days after the filing of the compiaint. (e) [Effect of failure to serve within the required time] If proofs of service on all defendants are not filed or the plaintiff has not obtained an order for publication oi the summons within 180 days after the filing of the complaint. the court may issue an order to show cause why reasonable monetary sanctions should not be imposed. If proofs of service on all defendants are filed or an order ior pubiication oi the summons is filed at least 10 court days before the order to show cause hearing, the coun must continue the hearing to 360 days after the filing oi the complaint. (D [Effect of failure to obtain default judgment within required time) if proofs of service of the complaint are tiled or service by publication is made and defendants do not file responsive pleadings. the plaintiff must obtain a default judgment within 360 days after the filing of the complaint. It the plaintiff has not obtained a default judgment by that time, the court must issue an order to show cause why reasonable monetary sanctions should not be imposed. The order to show cause must be vacated ii the plaintiff obtains a default judgment at least 10 court days before the order to show cause hearing. CV00] Mandatory Form Rev Ol/20l3