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  • CEFERINO CAGANG, et al  vs.  SHARON DIZON, et al(26) Unlimited Other Real Property document preview
  • CEFERINO CAGANG, et al  vs.  SHARON DIZON, et al(26) Unlimited Other Real Property document preview
  • CEFERINO CAGANG, et al  vs.  SHARON DIZON, et al(26) Unlimited Other Real Property document preview
  • CEFERINO CAGANG, et al  vs.  SHARON DIZON, et al(26) Unlimited Other Real Property document preview
  • CEFERINO CAGANG, et al  vs.  SHARON DIZON, et al(26) Unlimited Other Real Property document preview
  • CEFERINO CAGANG, et al  vs.  SHARON DIZON, et al(26) Unlimited Other Real Property document preview
  • CEFERINO CAGANG, et al  vs.  SHARON DIZON, et al(26) Unlimited Other Real Property document preview
  • CEFERINO CAGANG, et al  vs.  SHARON DIZON, et al(26) Unlimited Other Real Property document preview
						
                                

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CM-110 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY Cathy K. Robinson, SBN 226275 Wright, Finlay & Zak LLP 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 TELEPHONE NO.: 949-477-5050 FAX NO. (Optional): (949) 608-9142 E-MAIL ADDRESS: crobinson@wrightlegal.net ATTORNEY FOR (Name): Select Portfolio Servicing, Inc and US Bank NA as Trustee SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 800 North Humboldt Street MAILING ADDRESS: same CITY AND ZIP CODE: San Mateo, CA 94401 BRANCH NAME: Central Branch PLAINTIFF/PETITIONER: CEFERINO CAGANG DEFENDANT/RESPONDENT: SHARON DIZON, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [6c] UNLIMITED CASE [_] Limitep cASE 23C1V00801 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 25, 2024 Time: 9:00 am Dept.: 35 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Cathy K. Robinson, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. [__] This statement is submitted by party (name): Select Portfolio Servicing, Inc and US Bank, National Association b. [3c] This statement is submitted jointly by parties (names):as Trustee for WAMU Mortgage Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. [__] The cross-complaint, if any, was filed on (date): 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 casein [x ] complaint [J cross-complaint (Describe, including causes of action): Plaintiffs are non-borrowers that are suing for Quiet Title and Declaratory Relief, despite the fact that the mortgage loan taen by the borrower and secured by the property remains unpaid. The FAC states claims for Quiet Title, Declaratory Relief, accounting, preliminary and permanent injunction Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California rules 3.720-3.730 (CM-110 [Rev. September 1, 2021] wivw.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: CEFERINO CAGANG CASE NUMBER: DEFENDANT/RESPONDENT: SHARON DIZON, et al. 23C1V00801 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Defendants filed a demurrer to the complaint, which was sustained with leave to amend. The FAC is due by 1/29/24. Thus, the matter is not yet at issue and likely another demurrer will follow. [J (/f more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request [__] a jury trial [6¢] 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): 2.16/24; 3/11/24; 7/15/24; 8/6/24; 9/16/24-trials on other matters c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. [3c] days (specify number): 2-3 b. [__] hours (short causes) (specify): Trial representation (to 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: [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 [5 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 arbi ion or civil action mediation (if available). (1) [J 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): (CM-110 [Rev. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CEFERINO CAGANG CASE NUMBER: DEFENDANT/RESPONDENT: SHARON DIZON, et al. 23C1V00801 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): [J Mediation session not yet scheduled [J Mediation session scheduled for (date): (1) Mediation CJ [J Agreed to complete mediation by (date): [] Mediation completed on (date): [J Settlement conference not yet scheduled (2) Settlement [J Settlement conference scheduled for (date): conference [_] Agreed to complete settlement conference by (date): [J Settlement conference completed on (date): [-] Neutral evaluation not yet scheduled [-] Neutral evaluation scheduled for (date): (3) Neutral evaluation [J Agreed to complete neutral evaluation by (date): [-] Neutral evaluation completed on (date): [} Judicial arbitration not yet scheduled (4) Nonbinding judicial [J Judicial arbitration scheduled for (date): arbitration [5 Agreed to complete judicial arbitration by (date): [-] Judicial arbitration completed on (date): [J Private arbitration not yet scheduled (5) Binding private [J Private arbitration scheduled for (date): arbitration [_) Agreed to complete private arbitration by (date): [5 Private arbitration completed on (date): [J ADR session not yet scheduled [J ADR session scheduled for (date): (6) Other (specify): [_] Agreed to complete ADR session by (date): [J ADR completed on (date): (CM-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CEFERINO CAGANG CASE NUMBER: DEFENDANT/RESPONDENT: SHARON DIZON, et al. 23C1V00801 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. [J 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. [7] A motion to [J consolidate [J coordinate will be filed by (name party): 14. Bifurcation [J 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 [_ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [__] The party or parties have completed all discovery. b. [3<] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptio! Date Defendants Written Discovery TBD Defendants Depositions TBD 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 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CEFERINO CAGANG CASE NUMBER: DEFENDANT/RESPONDENT: SHARON DIZON, et al. 23C1V00801 17. Economic ion 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 [The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. [__] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): 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): | 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. Date: January 9,2024 ge Cathy K. Robinson, Esq. LEA (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [J Additional signatures are attached. (CM-110 [Rev. September 1, 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE I, Iryna Brown, declare as follows: Iam employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On January 9, 2024, I served the within CASE MANAGEMENT STATEMENT on all interested parties in this action as follows: [Xx] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: 10 11 Ceferino Cagang Erlinda Cagang 12 54 Oceanside Drive Daly City, CA 94015 13 Tel; 650-892-9447 Email: reginacagang@gmail.com 14 [Plaintiffs Pro Per] 15 16 [Xx] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. 17 (] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct 18 copies thereof enclosed in a package designated by Federal Express Overnight with the delivery 19 fees provided for. ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through 20 One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached 21 service list. 22 [xX] (State) I declare under penalty of perjury under the law of the State of California that the 23 foregoing is true and correct. 24 Executed on February 9, 2024, at Newport Beach, California. 25 26 Chemebeecer IrynaBidwo . 27 28 1 PROOF OF SERVICE