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19CV352883
Santa Clara — Civil
System System
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and adaressy
Electroni@atty Fitet”
Jana Logan, Esq. (CA SBN 171152) by Superior Court of CA,
Kirby & McGuinn, A P.C. County of Santa Clara,
707 Broadway, Suite 1750, San Diego, CA 92101 on 11/5/2019 4:15 PM
TELEPHONE NO.. 619-398-3354 FAX NO. (Options: 619-398-3355, Reviewed By: System System
E-MAIL ADORESS (Optional jlogan@kirbymac.com Case #19CV352883
ATTORNEY FOR (Name): Defendant, Fay Servicing Envelope: 3613225
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street aporess: 191 North First Street
MAILING ADDRESS:
city AND Zip CODE: San Jose, CA 95113
BRANCH NAME. Downtown Superior Court
PLAINTIFF/PETITIONER: Cerezo
DEFENDANT/RESPONDENT: Fay Servicing, LLC et al.
CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
(Check one): (J) unumitep case [2 umrteo case 19CV352883
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 26, 2019 Time: 3:00 p.m. Dept: 19 Div.: Room:
Address of court (if different from the address above):
[2] Notice of intent to Appear by Telephone, by (name): Matthew H. Aguirre
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. [1] This statement is submitted by party (name): Fay Servicing, LLC
b. [J 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):
b. [J The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a (7) all parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [1] The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not}:
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) [£1] have had a default entered against them (specify names):
c. [1 The foliowing 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 of case in [¥] complaint (1 cross-complaint (Describe, including causes of action):
Breach of Implied Covenant of Good Faith and Fair Dealing.
Page 4of §
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rutes of Cour,
Judicial Council of ‘des 3.720-3.730
‘CM-110 [Rev, July 1. 201) www courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Cerezo CASE NUMBER:
19CV352883
DEFENDANT/RESPONDENT: Fay Servicing, LLC et al.
4. ». 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 earings. If equitable relief is sought, describe the natura of the relief.)
Plaintiffs complain that they were making monthly payments on their mortgage loan with their prior loan servicer,
Wells Fargo Bank, but that when the loan servicing was transferred to Defendant Fay Servicing, LLC, Defendant
refused to accept their monthly payment in December 2018 and immediately recorded a notice of trustee's sale.
Fay denies any liability because plaintiffs were in bankruptcy and the payments were delinquent.
(more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request [_] ajurytrial CZ) a nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
Triat date
a. [) The trial has been set for (date):
b. [J 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):
The case is not at issue; Fay's demurrer to complaint hearing is set for 11/14/19
. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
August 2020 due to cases set for trial
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [2] days (specify number): 3-4 days
b. (7) hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [y¥] by the attorney or party listed in the caption [1 by the following:
a Attorney:
b. Firm:
¢. Address:
d. Telephone number; f. Fax number:
e. E-mail address:
9. Party represented:
[1 Additional representation is described In Attachment 8.
Preference
[1 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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [41 has £71 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 [5 has (7)
has not reviewed the ADR information package identified in rule 3.221,
b. Referral to judicial arbitration or civil action mediation (if available).
a) Co 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 dimit.
@ CI 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.
@) CoO This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
‘GW-110 [Rev, duly 1.2011) CASE MANAGEMENT STATEMENT Page 20°
CM-110
PLAINTIFF/PETITIONER: Cerezo [CASE NUMBER:
19CV352883
DEFENDANT/RESPONDENT: Fay Servicing, LLC et al.
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 ail that apply): Stipulation):
oo Mediation session not yet scheduled
Cc Co Mediation session scheduled for (date):
(1) Mediation
Cl 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 evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
‘CM-110 [Rev July1, 2077) Page Sof6
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Cerezo CASE NUMBER:
|
19CV352883
DEFENDANT/RESPONDENT: Fay Servicing, LLC et al.
11. Insurance
a. [1 Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [[_] Yes [J No
c. CC 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,
[1] Bankruptey [—] 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:
[1] Additional cases are described in Attachment 13a,
b. LJ Amotionto [[) consolidate [1 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):
45. Other motions
() The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Fay Serving, LLC's demurrer to complaint hearing is set for 11/14/19. If the court sustains the demurrer to
complaint with leave to amend, Fay may file a demurrer to FAC
16. Discovery
a. [] The party or parties have completed all discovery.
The following discovery will be completed by _ specified (describe all anticipated discovery):
Party Description Date
Defendant Statutory Discovery by Code
c. [] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-110 (Rev. July 4, 2011) CASE MANAGEMENT STATEMENT Page 4of6
CM-110
PLAINTIFF/PETITIONER: Cerezo CASE NUMBER:
| 19CV352883
DEFENDANT/RESPONDENT: Fay Servicing, LLC et al.
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 fo this case):
18. Other issues
[e==3) che) party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. [Z) The party or parties have met and conferred with ali 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): 0
| 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: November 5, 2019
Jana Logan
(TYPE OR PRINT NAME} (SGRATURE OF PARTY OR ATTORNEY}
(TYPE OR PRINT NAME)
> (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
CM-A110 [Rev July1, 2011] CASE MANAGEMENT STATEMENT Page bot 6
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19CV352883 Santa Clara — Civil System System CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and adaressy Electroni@atty Fitet” Jana Logan, Esq. (CA SBN 171152) by Superior Court of CA, Kirby & McGuinn, A P.C. County of Santa Clara, 707 Broadway, Suite 1750, San Diego, CA 92101 on 11/5/2019 4:15 PM TELEPHONE NO.. 619-398-3354 FAX NO. (Options: 619-398-3355, Reviewed By: System System E-MAIL ADORESS (Optional jlogan@kirbymac.com Case #19CV352883 ATTORNEY FOR (Name): Defendant, Fay Servicing Envelope: 3613225 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA street aporess: 191 North First Street MAILING ADDRESS: city AND Zip CODE: San Jose, CA 95113 BRANCH NAME. Downtown Superior Court PLAINTIFF/PETITIONER: Cerezo DEFENDANT/RESPONDENT: Fay Servicing, LLC et al. CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): (J) unumitep case [2 umrteo case 19CV352883 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 26, 2019 Time: 3:00 p.m. Dept: 19 Div.: Room: Address of court (if different from the address above): [2] Notice of intent to Appear by Telephone, by (name): Matthew H. Aguirre INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. [1] This statement is submitted by party (name): Fay Servicing, LLC b. [J 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): b. [J The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a (7) all parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [1] The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not}: (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [£1] have had a default entered against them (specify names): c. [1 The foliowing 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 of case in [¥] complaint (1 cross-complaint (Describe, including causes of action): Breach of Implied Covenant of Good Faith and Fair Dealing. Page 4of § Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rutes of Cour, Judicial Council of ‘des 3.720-3.730 ‘CM-110 [Rev, July 1. 201) www courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Cerezo CASE NUMBER: 19CV352883 DEFENDANT/RESPONDENT: Fay Servicing, LLC et al. 4. ». 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 earings. If equitable relief is sought, describe the natura of the relief.) Plaintiffs complain that they were making monthly payments on their mortgage loan with their prior loan servicer, Wells Fargo Bank, but that when the loan servicing was transferred to Defendant Fay Servicing, LLC, Defendant refused to accept their monthly payment in December 2018 and immediately recorded a notice of trustee's sale. Fay denies any liability because plaintiffs were in bankruptcy and the payments were delinquent. (more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request [_] ajurytrial CZ) a nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Triat date a. [) The trial has been set for (date): b. [J 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): The case is not at issue; Fay's demurrer to complaint hearing is set for 11/14/19 . Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): August 2020 due to cases set for trial Estimated length of trial The party or parties estimate that the trial will take (check one): a. [2] days (specify number): 3-4 days b. (7) hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [y¥] by the attorney or party listed in the caption [1 by the following: a Attorney: b. Firm: ¢. Address: d. Telephone number; f. Fax number: e. E-mail address: 9. Party represented: [1 Additional representation is described In Attachment 8. Preference [1 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [41 has £71 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 [5 has (7) has not reviewed the ADR information package identified in rule 3.221, b. Referral to judicial arbitration or civil action mediation (if available). a) Co 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 dimit. @ CI 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. @) CoO This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): ‘GW-110 [Rev, duly 1.2011) CASE MANAGEMENT STATEMENT Page 20° CM-110 PLAINTIFF/PETITIONER: Cerezo [CASE NUMBER: 19CV352883 DEFENDANT/RESPONDENT: Fay Servicing, LLC et al. 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 ail that apply): Stipulation): oo Mediation session not yet scheduled Cc Co Mediation session scheduled for (date): (1) Mediation Cl 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 evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): ‘CM-110 [Rev July1, 2077) Page Sof6 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Cerezo CASE NUMBER: | 19CV352883 DEFENDANT/RESPONDENT: Fay Servicing, LLC et al. 11. Insurance a. [1 Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [[_] Yes [J No c. CC 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, [1] Bankruptey [—] 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: [1] Additional cases are described in Attachment 13a, b. LJ Amotionto [[) consolidate [1 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): 45. Other motions () The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Fay Serving, LLC's demurrer to complaint hearing is set for 11/14/19. If the court sustains the demurrer to complaint with leave to amend, Fay may file a demurrer to FAC 16. Discovery a. [] The party or parties have completed all discovery. The following discovery will be completed by _ specified (describe all anticipated discovery): Party Description Date Defendant Statutory Discovery by Code c. [] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 (Rev. July 4, 2011) CASE MANAGEMENT STATEMENT Page 4of6 CM-110 PLAINTIFF/PETITIONER: Cerezo CASE NUMBER: | 19CV352883 DEFENDANT/RESPONDENT: Fay Servicing, LLC et al. 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 fo this case): 18. Other issues [e==3) che) party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. [Z) The party or parties have met and conferred with ali 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): 0 | 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: November 5, 2019 Jana Logan (TYPE OR PRINT NAME} (SGRATURE OF PARTY OR ATTORNEY} (TYPE OR PRINT NAME) > (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. CM-A110 [Rev July1, 2011] CASE MANAGEMENT STATEMENT Page bot 6