On February 26, 2024 a
Conference
was filed
involving a dispute between
Lobel Financial Corp,
and
Roman Martinez,
for 3.740 Collections: Limited $10k - $35k
in the District Court of Stanislaus County.
Preview
GARY DEAN LOBEL CBN 105983
JARLATH M. CURRAN CBN 239352
CHAPMAN A. BREWER CBN 339414 Electronically Filed
1150 N. Magnolia Ave 2/26/2024 12:48 PM
Anaheim, CA 92801 Superior Court of California
Lobel Financial Corp County of Stanislaus
Clerk of the Court
By: Alexandra Miller, Deputy
Lobel Financial Corp, a California corporation
Roman Martinez,
CV-24-001537
Freeland, John D Dept. 23
Hearing: 3/7/2025 8:30 AM
2/26/2024 12:48 PM
Alexandra Miller
Rule 3.740. Management of Collection Cases
(a) [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) and serve the Civil Case Cover Sheet (form CIA-010) with
the initial complaint.
(c) [Exemption from general time-for-service requirement and case management rules] A collections
case is exempt from: (1 ) The time-forservice requirement of rule 3.1 10(b); and (2)The case management
rules that apply to all general civil case under rules 3.71 2-3.715 and 3.721-3.730 unless a defendant files
a responsive pleading.
(d) [Time for service] The complaint in a collections case must be served on all 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 complaint.
(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 of 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 for publication of the summons is filed
at least 10 court days before the order to show cause hearing, the court must continue the hearing to 360
days after the filing of the complaint.
(I) [Effect of failure to obtain default judgment within required time) If proofs of service of the complaint
are filed 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. If 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 if the plaintiff
obtains a default judgment at least 10 court days before the order to show cause hearing.
CV00]
Mandatory Form Rev 10/2014
Document Filed Date
February 26, 2024
Case Filing Date
February 26, 2024
Category
3.740 Collections: Limited $10k - $35k
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
GARY DEAN LOBEL CBN 105983 JARLATH M. CURRAN CBN 239352 CHAPMAN A. BREWER CBN 339414 Electronically Filed 1150 N. Magnolia Ave 2/26/2024 12:48 PM Anaheim, CA 92801 Superior Court of California Lobel Financial Corp County of Stanislaus Clerk of the Court By: Alexandra Miller, Deputy Lobel Financial Corp, a California corporation Roman Martinez, CV-24-001537 Freeland, John D Dept. 23 Hearing: 3/7/2025 8:30 AM 2/26/2024 12:48 PM Alexandra Miller Rule 3.740. Management of Collection Cases (a) [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) and serve the Civil Case Cover Sheet (form CIA-010) with the initial complaint. (c) [Exemption from general time-for-service requirement and case management rules] A collections case is exempt from: (1 ) The time-forservice requirement of rule 3.1 10(b); and (2)The case management rules that apply to all general civil case under rules 3.71 2-3.715 and 3.721-3.730 unless a defendant files a responsive pleading. (d) [Time for service] The complaint in a collections case must be served on all 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 complaint. (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 of 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 for publication of the summons is filed at least 10 court days before the order to show cause hearing, the court must continue the hearing to 360 days after the filing of the complaint. (I) [Effect of failure to obtain default judgment within required time) If proofs of service of the complaint are filed 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. If 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 if the plaintiff obtains a default judgment at least 10 court days before the order to show cause hearing. CV00] Mandatory Form Rev 10/2014