Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address}
Lina M. Michael, Esq., SBN: 237842; Paul Eum, Esq., SBN: 298335
Michael & Associates, PC
555 St. Charles Dr., Suite 204
Thousand Oaks, CA 91360
TELEPHONE NO: (855) 785-4705 FAX NO. (Optional):
E-MAIL ADDRESS (Optiona’:
ATTORNEY FOR Meme’ American Express National Bank, Plaintiff
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
streer aporess: 191 N. First Street
MAILING ADDRESS:
city anp zp cone: San Jose 95113
erancH name: Downtown Superior Court
PLAINTIFF/PETITIONER: American Express National Bank
DEFENDANT/RESPONDENT: Brahim Yousfi, et al.
CASE MANAGEMENT STATEMENT
(Check one): (X7] UNLIMITED CASE (1 uimiteo case
(Amount demanded (Amount demanded is $25,000 19CV360955
exceeds $25,000) or less)
CASE NUMBER:
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 4, 2020 Time: 10:00 A.M. Dept. 20
Address of court (if different from the address above):
[€] Notice of Intent to Appear by Telephone, by (name):
Div.: Room:
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): American Express National Bank
b. [1 This statement is submitted jointly by parties (names):
a. The compiaint was filed on (date): December 30, 2019
b. [=] The cross-complaint, if any, was filed on (date):
3. Service (fo be answered by plaintiffs and cross-complainants only)
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-compliaint have been served, have appeared, or have been dismissed.
b. [7] The following parties named in the complaint or cross-complaint
(1) LT have not been served (specify names and explain why not):
(2) [71 have been served but have not appeared and have not been cismissed (specify names):
(3) [57] have had a default entered against them (specify names}:
c. [7] 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 case in complaint Co cross-complaint (Describe, including causes of action):
1. Common Counts: Book Account
2. Quantum Meruit-Reasonable Value
Page tof
Form Adopled for Mandatory Use Cal, Rules of Court,
dudinal Council of Calforrie CASE MANAGEMENT STATEMENT a los of Coun,
CM-110 [Rev. duly 1, 2017} weww.courts.ca.gov
LextsNexis® Automated California Judicial Council FormsCM-110
PLAINTIFF/PETITIONER: American Express National Bank CASE NUMBER:
DEFENDANT/RESPONDENT: Brahim Yousfi, et al. 19CV360955
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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Defendant entered into a written contract with Plaintiff, wherein Defendant was issued an American Express credit card for the purposes
of obtaining goods and/or services and/or cash advances from businesses that honor the card. Defendant has an outstanding balance of
approximately $31,525.99. Parties have reached an agreement; Plaintiff has provided Defendant with a Stipulation for Conditional Entry
of Judgment which Defendant has signed and retumed to Plaintiff. Plaintiff is in the process of filing the Stipulation with the Court.
Cc] (if more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request [__] a jury trial @ nonjury trial. (if more than one party, provide the name of each party
requesting a jury tral):
6. Trial date
a. [<] The trial has been set for (date):
b. 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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 1-2
b. [77] hours (short causes) (specify):
8. Trial representation (fo 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:
(] Additional representation is described in Attachment 8.
9. Preference
(["] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
. Please note that differen processes are available in different courts and communi ad
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 has [_] 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 CJ nas (I has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available),
MC 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) [-7] 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) [7] 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):
CN Rev. ay 1 287 CASE MANAGEMENT STATEMENT Page 20f6
LexisNexis® Automated California Judicial Council FormsCM-110
| PLAINTIFF/PETITIONER: American Express National Bank PASE NUMBER’
PEFENDANT/RESPONDENT: Brahim Yousfi, et al. 19C'V360955
10. ¢. 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 ail 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):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation a
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement oO Settlement conference scheduled for (date):
conference Agreed to compiete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
N ' tual cl 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
(4) Nonbinding judiciat oO Judicial arbitration scheduled for (date):
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(6) Binding private mo Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
{ Hh co ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
UUOO;COOO/CO00; 0000 |O000; 0000
ADR completed on (date):
CM-110 fRev. July 4, 2014]
CASE MANAGEMENT STATEMENT ae “
LexisNexis® Automated California Judicial Council FormsCM-110,
PLAINTIFF/PETITIONER: American Express National Bank CASE NUMBER
DEFENDANT/RESPONDENT: Brahim Yousfi, et al.
11. Insurance
a. ([_] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [J yes [7] No
c. [7] Coverage issues will significantly affect resolution of this case (explain):
19CV360955
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
(C2) Bankruptey [7] other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [(_] There are companion, underlying, or related cases.
(4) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[7] Additional cases are described in Attachment 43a.
b. [7] Amotionto [_] 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.
(I 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. (The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
c. [-_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
GM-170 Rox. day 1,201 CASE MANAGEMENT STATEMENT age 40
LexisNexis® Automated California Judicial Council FormsCM-110
PLAINTIFF/PETITIONER: American Express National Bank CASE NUMBER
DEFENDANT/RESPONDENT: Brahim Yousfi, et al. 19C-V360955
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. [7] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery wilt 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):
Stipulation for Conditional Entry of Judgment
20. Total number of pages attached (if any):
| am compietely 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: Jnty 27, 2020 wo)
Paul Eum, Esq., SBN: 298335 >
(TYPE OR PRINT NAME} (SIGNATURE OF RARTY OR ATTORNEY}
(TYPE OR PRINT NAME) {SIGNATURE OF PARTY ATTORNEY)
[-_] Additional signatures are attachéd.
CaO ee sy 3, 2018 CASE MANAGEMENT STATEMENT Page ar
LexisNexis® Automated California Judicial Council FormsPROOF OF SERVICE
1am a citizen of the United States of America, am over the age of eighteen (18) years, and not a
party to the within action. I am an employee of the law firm of MICHAEL & ASSOCIATES, PC, and
my business address is 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360.
, | caused to be served the following document(s):
« DECLARATION OF PAUL EUM RE: LATE FILING OF CASE MANAGEMENT
BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand to the offices of
X__BY MAIL: | served the above-listed documents by enclosing them in an envelope and placing
the envelope for collection and mailing following our ordinary business practices. I am readil
familiar with this business's practice for collecting and processing correspondence for mailing. On|
the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary|
course of business with the United States Postal Service in Thousand Oaks, California, in a sealed
envelope with postage fully prepaid. 1 understand that service shall be presumed invalid upo'
motion of a party served if the postal cancellation date or postage meter date on the envelope is more
than one day after the date of deposit for mailing contained on this declaration.
BY FACSIMILE: By use of facsimile machine telephone number 805-379-8525, I served a cop
of the within document on the above interested parties at the facsimile number(s) listed above on this datd
BY_ FEDERAL EXPRESS OVE. a ‘ + SLi?
2
I, the undersigned, declare:
3
4
° 28/20
6
7 STATEMENT
8 e CASE MANAGEMENT STATEMENT
g |} on the parties involved addresses as follows:
10 || HYDE & SWIGART
2221 Camino Del Rio South Suite 101
11 |} San Diego, CA 92108
12
each addressee above.
13
14
15
16
17
18
19
20 before 5:00 p.m.
t
22 I
delivered the next business.
23
24 || true and correct.
42
95 [28/20
26
27
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practice of collection and processing correspondence for Federal Express. Under that practice, it would
be picked up by a representative on that same day, in the ordinary course of business and would ba
I declare under penalty of perjury under the laws of the State of California that the foregoing is
EXECUTED: , at Thousand Oaks, Calif rnia.
NA
KATELYN HOFFMAN
DECLARATION OF PAUL EUM RE: LATE FILING OF CASE MANAGEMENT STATEMENT
3-Lina M. Michael, Esq.; SBN: (237842)
Paul Eum, Esq., SBN: 298335
2 || MICHAEL & ASSOCIATES, PC
3 555 St. Charles Drive, Suite 204
Thousand Oaks, California 91360
4 }| Telephone: (855) 785-4705
Facsimile: (805) 379-8525
5
Attomeys for Plaintiff,
6 || American Express National Bank
7 Our File Number: 19148811
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA CLARA
10 UNLIMITED CIVIL CASE
11 || AMERICAN EXPRESS NATIONAL BANK | Case No.: 19CV360955
f/k/a American Express Centurion Bank
12 DECLARATION OF PAUL EUM RE:
Plaintiff. LATE FILING OF CASE MANAGEMENT|
13 ° STATEMENT
14 vs.
Conference Date: August 4, 2020
15 || Brahim Yousfi, an individual; Does 1 through | Time: 10:00 a.m.
16 20, inclusive. Dept.: 20
17 efendant:
18
I, PAUL EUM, declare as follows:
19
1. } am an attorney at law, duly licensed and authorized to practice law in the State of
20
California, and am attorney of record for Plaintiff in this matter.
‘ 2. If called upon to testify as a witness, I could and would testify in this matter on my
22
own personal knowledge of the following facts:
23
3. That through inadvertence and mistake, Plaintiff failed to timely file a Case
24
Management Statement for the Status Conference in this matter scheduled for the date and time
25
set forth above.
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4, That Plaintiff's Case Management Statement is submitted concurrently herewith fot
2
7 filing with the court.
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DECLARATION OF PAUL EUM RE: LATE FILING OF CASE MANAGEMENT STATEMENT
elef wWoN
oe YN DH Ww
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5. That I apologize and respectfully request that the Court accept this Declaration and its
contents, and not issue sanctions against Plaintiff or counsel for failure to comply with the
Court’s rules.
Dated: July 27, 2020 MICHAEL & ASSOCIATES, PC
yal
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DECLARATION OF PAUL EUM RE: LATE FILING OF CASE MANAGEMENT STATEMENT
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address} Lina M. Michael, Esq., SBN: 237842; Paul Eum, Esq., SBN: 298335 Michael & Associates, PC 555 St. Charles Dr., Suite 204 Thousand Oaks, CA 91360 TELEPHONE NO: (855) 785-4705 FAX NO. (Optional): E-MAIL ADDRESS (Optiona’: ATTORNEY FOR Meme’ American Express National Bank, Plaintiff FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA streer aporess: 191 N. First Street MAILING ADDRESS: city anp zp cone: San Jose 95113 erancH name: Downtown Superior Court PLAINTIFF/PETITIONER: American Express National Bank DEFENDANT/RESPONDENT: Brahim Yousfi, et al. CASE MANAGEMENT STATEMENT (Check one): (X7] UNLIMITED CASE (1 uimiteo case (Amount demanded (Amount demanded is $25,000 19CV360955 exceeds $25,000) or less) CASE NUMBER: A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 4, 2020 Time: 10:00 A.M. Dept. 20 Address of court (if different from the address above): [€] Notice of Intent to Appear by Telephone, by (name): Div.: Room: 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): American Express National Bank b. [1 This statement is submitted jointly by parties (names): a. The compiaint was filed on (date): December 30, 2019 b. [=] The cross-complaint, if any, was filed on (date): 3. Service (fo be answered by plaintiffs and cross-complainants only) Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-compliaint have been served, have appeared, or have been dismissed. b. [7] The following parties named in the complaint or cross-complaint (1) LT have not been served (specify names and explain why not): (2) [71 have been served but have not appeared and have not been cismissed (specify names): (3) [57] have had a default entered against them (specify names}: c. [7] 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 case in complaint Co cross-complaint (Describe, including causes of action): 1. Common Counts: Book Account 2. Quantum Meruit-Reasonable Value Page tof Form Adopled for Mandatory Use Cal, Rules of Court, dudinal Council of Calforrie CASE MANAGEMENT STATEMENT a los of Coun, CM-110 [Rev. duly 1, 2017} weww.courts.ca.gov LextsNexis® Automated California Judicial Council FormsCM-110 PLAINTIFF/PETITIONER: American Express National Bank CASE NUMBER: DEFENDANT/RESPONDENT: Brahim Yousfi, et al. 19CV360955 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 eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Defendant entered into a written contract with Plaintiff, wherein Defendant was issued an American Express credit card for the purposes of obtaining goods and/or services and/or cash advances from businesses that honor the card. Defendant has an outstanding balance of approximately $31,525.99. Parties have reached an agreement; Plaintiff has provided Defendant with a Stipulation for Conditional Entry of Judgment which Defendant has signed and retumed to Plaintiff. Plaintiff is in the process of filing the Stipulation with the Court. Cc] (if more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request [__] a jury trial @ nonjury trial. (if more than one party, provide the name of each party requesting a jury tral): 6. Trial date a. [<] The trial has been set for (date): b. 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): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 1-2 b. [77] hours (short causes) (specify): 8. Trial representation (fo 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: (] Additional representation is described in Attachment 8. 9. Preference (["] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) . Please note that differen processes are available in different courts and communi ad 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 has [_] 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 CJ nas (I has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available), MC 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) [-7] 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) [7] 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): CN Rev. ay 1 287 CASE MANAGEMENT STATEMENT Page 20f6 LexisNexis® Automated California Judicial Council FormsCM-110 | PLAINTIFF/PETITIONER: American Express National Bank PASE NUMBER’ PEFENDANT/RESPONDENT: Brahim Yousfi, et al. 19C'V360955 10. ¢. 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 ail 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation a Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement oO Settlement conference scheduled for (date): conference Agreed to compiete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled N ' tual cl 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 (4) Nonbinding judiciat oO Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (6) Binding private mo Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled { Hh co ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): UUOO;COOO/CO00; 0000 |O000; 0000 ADR completed on (date): CM-110 fRev. July 4, 2014] CASE MANAGEMENT STATEMENT ae “ LexisNexis® Automated California Judicial Council FormsCM-110, PLAINTIFF/PETITIONER: American Express National Bank CASE NUMBER DEFENDANT/RESPONDENT: Brahim Yousfi, et al. 11. Insurance a. ([_] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [J yes [7] No c. [7] Coverage issues will significantly affect resolution of this case (explain): 19CV360955 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. (C2) Bankruptey [7] other (specify): Status: 13. Related cases, consolidation, and coordination a. [(_] There are companion, underlying, or related cases. (4) Name of case: (2) Name of court: (3) Case number: (4) Status: [7] Additional cases are described in Attachment 43a. b. [7] Amotionto [_] 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. (I 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. (The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date c. [-_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): GM-170 Rox. day 1,201 CASE MANAGEMENT STATEMENT age 40 LexisNexis® Automated California Judicial Council FormsCM-110 PLAINTIFF/PETITIONER: American Express National Bank CASE NUMBER DEFENDANT/RESPONDENT: Brahim Yousfi, et al. 19C-V360955 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. [7] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery wilt 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): Stipulation for Conditional Entry of Judgment 20. Total number of pages attached (if any): | am compietely 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: Jnty 27, 2020 wo) Paul Eum, Esq., SBN: 298335 > (TYPE OR PRINT NAME} (SIGNATURE OF RARTY OR ATTORNEY} (TYPE OR PRINT NAME) {SIGNATURE OF PARTY ATTORNEY) [-_] Additional signatures are attachéd. CaO ee sy 3, 2018 CASE MANAGEMENT STATEMENT Page ar LexisNexis® Automated California Judicial Council FormsPROOF OF SERVICE 1am a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the within action. I am an employee of the law firm of MICHAEL & ASSOCIATES, PC, and my business address is 555 St. Charles Drive, Suite 204, Thousand Oaks, California 91360. , | caused to be served the following document(s): « DECLARATION OF PAUL EUM RE: LATE FILING OF CASE MANAGEMENT BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand to the offices of X__BY MAIL: | served the above-listed documents by enclosing them in an envelope and placing the envelope for collection and mailing following our ordinary business practices. I am readil familiar with this business's practice for collecting and processing correspondence for mailing. On| the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary| course of business with the United States Postal Service in Thousand Oaks, California, in a sealed envelope with postage fully prepaid. 1 understand that service shall be presumed invalid upo' motion of a party served if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained on this declaration. BY FACSIMILE: By use of facsimile machine telephone number 805-379-8525, I served a cop of the within document on the above interested parties at the facsimile number(s) listed above on this datd BY_ FEDERAL EXPRESS OVE. a ‘ + SLi? 2 I, the undersigned, declare: 3 4 ° 28/20 6 7 STATEMENT 8 e CASE MANAGEMENT STATEMENT g |} on the parties involved addresses as follows: 10 || HYDE & SWIGART 2221 Camino Del Rio South Suite 101 11 |} San Diego, CA 92108 12 each addressee above. 13 14 15 16 17 18 19 20 before 5:00 p.m. t 22 I delivered the next business. 23 24 || true and correct. 42 95 [28/20 26 27 28 practice of collection and processing correspondence for Federal Express. Under that practice, it would be picked up by a representative on that same day, in the ordinary course of business and would ba I declare under penalty of perjury under the laws of the State of California that the foregoing is EXECUTED: , at Thousand Oaks, Calif rnia. NA KATELYN HOFFMAN DECLARATION OF PAUL EUM RE: LATE FILING OF CASE MANAGEMENT STATEMENT 3-Lina M. Michael, Esq.; SBN: (237842) Paul Eum, Esq., SBN: 298335 2 || MICHAEL & ASSOCIATES, PC 3 555 St. Charles Drive, Suite 204 Thousand Oaks, California 91360 4 }| Telephone: (855) 785-4705 Facsimile: (805) 379-8525 5 Attomeys for Plaintiff, 6 || American Express National Bank 7 Our File Number: 19148811 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CLARA 10 UNLIMITED CIVIL CASE 11 || AMERICAN EXPRESS NATIONAL BANK | Case No.: 19CV360955 f/k/a American Express Centurion Bank 12 DECLARATION OF PAUL EUM RE: Plaintiff. LATE FILING OF CASE MANAGEMENT| 13 ° STATEMENT 14 vs. Conference Date: August 4, 2020 15 || Brahim Yousfi, an individual; Does 1 through | Time: 10:00 a.m. 16 20, inclusive. Dept.: 20 17 efendant: 18 I, PAUL EUM, declare as follows: 19 1. } am an attorney at law, duly licensed and authorized to practice law in the State of 20 California, and am attorney of record for Plaintiff in this matter. ‘ 2. If called upon to testify as a witness, I could and would testify in this matter on my 22 own personal knowledge of the following facts: 23 3. That through inadvertence and mistake, Plaintiff failed to timely file a Case 24 Management Statement for the Status Conference in this matter scheduled for the date and time 25 set forth above. 26 4, That Plaintiff's Case Management Statement is submitted concurrently herewith fot 2 7 filing with the court. 28 DECLARATION OF PAUL EUM RE: LATE FILING OF CASE MANAGEMENT STATEMENT elef wWoN oe YN DH Ww 10 il 12 13 14 15 16 17 18 19 20 5. That I apologize and respectfully request that the Court accept this Declaration and its contents, and not issue sanctions against Plaintiff or counsel for failure to comply with the Court’s rules. Dated: July 27, 2020 MICHAEL & ASSOCIATES, PC yal 22 23 24 25 26 27 28 DECLARATION OF PAUL EUM RE: LATE FILING OF CASE MANAGEMENT STATEMENT 2-