Preview
CM-110
"ATTORNEYOR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
BRUCE TICHININ, INC.
BRUCE TICHININ, SBN 52859
17150 Wedgewood Ave., Los Gatos, CA 95032
TeverHone no: (408) 429-8415 FAX NO. (Optional):
E-MAIL ADDRESS (Optiona): tichinin@garlic.com
ATTORNEY FOR (Name): Raymond M. Gray, Sr., et al.
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CLARA
street aporess: 191 N, 1ST STREET
MAILING ADDRESS:
CITY AND ZIP CODE’ SAN JOSE, CA 95113
BRANCH NAME: DOWNTOWN COURTHOUSE
PLAINTIFF/PETITIONER: DEUSTSCHE BANK NAT'L. TRUST CO,
DEFENDANT/RESPONDENT: RAYMOND M. GRAY, SR. ET AL,
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE (—] uimitep case 170V312433
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Daie: March 20, 2018 Time: 10:00 A.M, Dept; 6 Div.: Room:
Address of court (if different from the address above):
[_] Notice of Intent to Appear by Telephone, by (name):
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):
b. This statement is submitted jointly by parties (names): Raymond M. Gray, Sr., Timothy Gray, Elizabeth Ancheta
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint
was filed on (date): June 29, 2017
b. [-] The cross-complaint, if any, was filed on (date):
Service (to be answered by piaintiffs and cross-complainants only)
a. [1 Allparties 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) (71 have not been served (specify names and explain why not):
(2) [2] 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. [] The following additional parties may be added (specify names, naiure of involvement in case, and date by which
they may be served):
Description of case
a. Type of case in compiaint (1 cross-complaint (Describe, including causes of action):
1) Cancellation of Instruments, 2) Slander of Title 3) Declaratory and Injunctive Relief 4) Appointment oif
Receiver to Enforce Judgment, and Appointment of Receiver to Enforce Right to Inspect Property
Pago 1 ef §
Form Adopled for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Counci of Calfomva ules 3,720-3.730
(CM-140 fRev. July 1, 2011] sewsw couris.ca.gov
CM-110
PLAINTIFF/PETITIONER: DEUSTSCHE BANK NAT'L. TRUST CO. CASE NUMBER:
170V312433
DEFENDANT/RESPONDENT: RAYMOND M. GRAY, SR. ET AL.
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.)
Pit. Bank claims it became owner of Defendants’ property in a 2009 foreclosure sale, but il did not - because the
foreclosure was conducted against a person not holding title. Defendants sued to cancel the foreclosure (Gray v.
Deutsche Bank, 2010 1CV179008) and the parties settled for eniry of a judgment providing for payment by Bank
of $100,000.00 to Defendants Gray before surrender of possession of property to the Bank by Grays.
(if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parlies request a jury trial Ca nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [CJ 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):
©. 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 days (specify number): 3-5
b. [J hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial by the aitorney or party listed in the caption 2) by the following:
a. Attorney:
b. Firm:
©. Address:
a. Telephone number: f. Fax number:
e E-mail address: g. Party represented:
[} Additional representation is described in Attachment 8.
Preference
[7] 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 has C1 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 [1] has [1 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 Civi} Procedure section 1441.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
@) C7 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.
@ CO) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civi! Procedure section 1775 et seq, (specify exemption):
GMAT Rew. duly 1, 2014) CASE MANAGEMENT STATEMENT Page 2 of §
CM-110
PLAINTIFF/PETITIONER: DEUSTSCHE BANK NAT'L. TRUST CO. [CASE NUMBER
DEFENDANT/RESPONDENT: RAYMOND M. GRAY, SR. ET AL. 17CV312433
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 parly or parties completing lf 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 (aitach a copy of the parties' ADR
processes (check all that apply): | stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
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) Neutrat evaluation
Agreed fo complete neutral evaluation by (date):
Neutral evaluation compieted on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date);
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(8) Other (specify):
Agreed to complete ADR session by (date);
ADR completed on (date):
CH-110 (Rev. duly 1, 2017] Pagesols
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: DEUSTSCHE BANK NAT'L. TRUST CO. ‘CASE NUMBER:
ba
170V312433
DEFENDANT/RESPONDENT: RAYMOND M. GRAY, SR. ET AL.
41. Insurance
a. [J] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [T Yes No
©. Co 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] Bankruptcy [1] other (specify):
Status:
13. Relat cases, consolidation, and coordination
a. [v_] There are companion, underlying, or related cases.
(i) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 13a.
b. [J] A motion to [=} consolidate [} 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):
Defendants Gray - lotion for Summary Judgment
18. Discovery
a. [7] The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe ail anticipated discovery):
Party, Description Date
Defendants Gray written discovery June 20, 2018
depositions June 20, 2018
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
OM-110 [Rev. July 1, 2614 CASE MANAGEMENT STATEMENT Page
d of 5
CM-110
PLAINTIFF/PETITIONER: DEUSTSCHE BANK NAT'L. TRUST CO. CASE NUMBER:
\— 170V312433
DEFENDANT/RESPONDENT: RAYMOND M. GRAY, SR. 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 91 1-98 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
[1 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
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}: 2
tam 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
ihe case management conference, including the written authority of the party where required.
LY
Date: March 19, 2018
BRUCE TICHININ
(TYPE OR PRINT NAME) soted OF PARTY OR ATTORNEY}
(TYPE OR PRINT NAME}
>
(SIGNATURE OF PARTY OR ATTORNEY)
[5 Additional signatures are attached.
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page Sof 5
MC-025
SHORT TITLE: CASE NUMBER
| Deutsche Bank Nail. Trust Co. v. Raymond M. Gray, Sr., et al. . 17 CV312433
ATTACHMENT (Number): 4b
(This Attachment may be used with any Judicial Councit form.)
However, without actual notice to Defendants Raymond M. Gray, et al., the prior attorneys for Plaintiff
Deutsche Bank caused juddment to be entered in violation of the reporter's transcript-recorded settlement
terms, i.e., reversing the order of perfomance by the parties to erroneously provide that defendants Gray had to
surrender possession of the property to the Bank prior to receiving the $100,000.00 from the Bank.
For this reason, Defendants Gray (plaintiffs in the prior case) have appealed from the judgment as mistakenly
phrased/entered in the now-pending 6th District Court of Appeal case: Ancheta, et al. v. Deutsche Bank Natl.
Trust Co., No, H044032. The record on appeal is in preparation and is due to be filed on April 4/10/18.
(lf the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.)
(Add pages as required)
orm Approvedfor Op tional Use ATTACHMENT wre courtinle.ca.gov
i
MC-025 [Rev. July +, 2099] to Judicial Council Form
MG-025
SHORT TITLE: CASE NUMBER,
| Deutsche Bank Nat'l. Trust Co. y. Raymond M. Gray, Sr. 17 CV312433
ATTACHMENT (Number): 13a
(This Attachment may be used with any Judicial Council form.)
1) Name of Case: Ancheta v. Deutsche Bank Nat'l. Trust Co.
2) Name of Court: California Sixth District Court of Appeal
3) Case Number: H044032
4) Status:Record on Appeal in preparation/due April 10, 2018.
(if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penaity of perjury.)
(Add pages as required)
Form Approved for Optional Use ATTACHMENT wam.courinio.ca.gor
‘Judictal Courcit of California
M4025 [Rev. July 1, 2069] to Judicial Council Form
PROOF OF SERVICE
DEUTSCHE BANK NATIONAL TRUST COMPANY V. RAYMOND M. GRAY, SR., et al.
Case No.: 17 CV 312433
I ama citizen of the United States, over the age of eighteen (18) years, and not
a party to the within action. My electronic service address is: tichinin@garlic.com. My
business address is: 17150 Wedgewood Ave., Los Gatos, CA 95032.
On March 19, 2018 I served the following document(s):
DEFENDANTS’ CASE MANAGEMENT STATEMENT
BY PERSONAL DELIVERY: I caused one copy of the above document to be
delivered by hand to the person apparently in charge at the offices of each
addressee below.
10
BY MAIL: I caused one copy of the above document to be placed in a sealed
11 envelope, with postage thereon fully prepaid, and then caused said envelope to
be placed in the United States mail at Los Gatos, California, addressed as set
12 forth below to each addressee below.
13 BY ELECTRONIC SERVICE: I caused each such document to be served
electronically on each addressee below.
14
15
PARTY SERVED
16
JOHN M. SORICH
17
john.sorich@piblaw.com
18
Attorney For: Plaintiff Deutsche Bank National Trust Company.
19
20
I declare under penalty of perjury under the laws of the State of California that the
WI. foregoing is true and correct. Executed on March 19, 2018 Los Gatos, California 95032.
22,
23
24
BROCE TICHININ
25
26
2h
28
Preview
CM-110 "ATTORNEYOR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY BRUCE TICHININ, INC. BRUCE TICHININ, SBN 52859 17150 Wedgewood Ave., Los Gatos, CA 95032 TeverHone no: (408) 429-8415 FAX NO. (Optional): E-MAIL ADDRESS (Optiona): tichinin@garlic.com ATTORNEY FOR (Name): Raymond M. Gray, Sr., et al. ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CLARA street aporess: 191 N, 1ST STREET MAILING ADDRESS: CITY AND ZIP CODE’ SAN JOSE, CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE PLAINTIFF/PETITIONER: DEUSTSCHE BANK NAT'L. TRUST CO, DEFENDANT/RESPONDENT: RAYMOND M. GRAY, SR. ET AL, CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE (—] uimitep case 170V312433 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Daie: March 20, 2018 Time: 10:00 A.M, Dept; 6 Div.: Room: Address of court (if different from the address above): [_] Notice of Intent to Appear by Telephone, by (name): 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): b. This statement is submitted jointly by parties (names): Raymond M. Gray, Sr., Timothy Gray, Elizabeth Ancheta Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): June 29, 2017 b. [-] The cross-complaint, if any, was filed on (date): Service (to be answered by piaintiffs and cross-complainants only) a. [1 Allparties 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) (71 have not been served (specify names and explain why not): (2) [2] 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. [] The following additional parties may be added (specify names, naiure of involvement in case, and date by which they may be served): Description of case a. Type of case in compiaint (1 cross-complaint (Describe, including causes of action): 1) Cancellation of Instruments, 2) Slander of Title 3) Declaratory and Injunctive Relief 4) Appointment oif Receiver to Enforce Judgment, and Appointment of Receiver to Enforce Right to Inspect Property Pago 1 ef § Form Adopled for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Counci of Calfomva ules 3,720-3.730 (CM-140 fRev. July 1, 2011] sewsw couris.ca.gov CM-110 PLAINTIFF/PETITIONER: DEUSTSCHE BANK NAT'L. TRUST CO. CASE NUMBER: 170V312433 DEFENDANT/RESPONDENT: RAYMOND M. GRAY, SR. ET AL. 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.) Pit. Bank claims it became owner of Defendants’ property in a 2009 foreclosure sale, but il did not - because the foreclosure was conducted against a person not holding title. Defendants sued to cancel the foreclosure (Gray v. Deutsche Bank, 2010 1CV179008) and the parties settled for eniry of a judgment providing for payment by Bank of $100,000.00 to Defendants Gray before surrender of possession of property to the Bank by Grays. (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parlies request a jury trial Ca nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Trial date a. [CJ 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): ©. 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 days (specify number): 3-5 b. [J hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial by the aitorney or party listed in the caption 2) by the following: a. Attorney: b. Firm: ©. Address: a. Telephone number: f. Fax number: e E-mail address: g. Party represented: [} Additional representation is described in Attachment 8. Preference [7] 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 has C1 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 [1] has [1 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 Civi} Procedure section 1441.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. @) C7 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. @ CO) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civi! Procedure section 1775 et seq, (specify exemption): GMAT Rew. duly 1, 2014) CASE MANAGEMENT STATEMENT Page 2 of § CM-110 PLAINTIFF/PETITIONER: DEUSTSCHE BANK NAT'L. TRUST CO. [CASE NUMBER DEFENDANT/RESPONDENT: RAYMOND M. GRAY, SR. ET AL. 17CV312433 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 parly or parties completing lf 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 (aitach a copy of the parties' ADR processes (check all that apply): | stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation 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) Neutrat evaluation Agreed fo complete neutral evaluation by (date): Neutral evaluation compieted on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date); Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (8) Other (specify): Agreed to complete ADR session by (date); ADR completed on (date): CH-110 (Rev. duly 1, 2017] Pagesols CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: DEUSTSCHE BANK NAT'L. TRUST CO. ‘CASE NUMBER: ba 170V312433 DEFENDANT/RESPONDENT: RAYMOND M. GRAY, SR. ET AL. 41. Insurance a. [J] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [T Yes No ©. Co 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] Bankruptcy [1] other (specify): Status: 13. Relat cases, consolidation, and coordination a. [v_] There are companion, underlying, or related cases. (i) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. [J] A motion to [=} consolidate [} 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): Defendants Gray - lotion for Summary Judgment 18. Discovery a. [7] The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe ail anticipated discovery): Party, Description Date Defendants Gray written discovery June 20, 2018 depositions June 20, 2018 c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): OM-110 [Rev. July 1, 2614 CASE MANAGEMENT STATEMENT Page d of 5 CM-110 PLAINTIFF/PETITIONER: DEUSTSCHE BANK NAT'L. TRUST CO. CASE NUMBER: \— 170V312433 DEFENDANT/RESPONDENT: RAYMOND M. GRAY, SR. 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 91 1-98 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 [1 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer 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}: 2 tam 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 ihe case management conference, including the written authority of the party where required. LY Date: March 19, 2018 BRUCE TICHININ (TYPE OR PRINT NAME) soted OF PARTY OR ATTORNEY} (TYPE OR PRINT NAME} > (SIGNATURE OF PARTY OR ATTORNEY) [5 Additional signatures are attached. (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page Sof 5 MC-025 SHORT TITLE: CASE NUMBER | Deutsche Bank Nail. Trust Co. v. Raymond M. Gray, Sr., et al. . 17 CV312433 ATTACHMENT (Number): 4b (This Attachment may be used with any Judicial Councit form.) However, without actual notice to Defendants Raymond M. Gray, et al., the prior attorneys for Plaintiff Deutsche Bank caused juddment to be entered in violation of the reporter's transcript-recorded settlement terms, i.e., reversing the order of perfomance by the parties to erroneously provide that defendants Gray had to surrender possession of the property to the Bank prior to receiving the $100,000.00 from the Bank. For this reason, Defendants Gray (plaintiffs in the prior case) have appealed from the judgment as mistakenly phrased/entered in the now-pending 6th District Court of Appeal case: Ancheta, et al. v. Deutsche Bank Natl. Trust Co., No, H044032. The record on appeal is in preparation and is due to be filed on April 4/10/18. (lf the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) orm Approvedfor Op tional Use ATTACHMENT wre courtinle.ca.gov i MC-025 [Rev. July +, 2099] to Judicial Council Form MG-025 SHORT TITLE: CASE NUMBER, | Deutsche Bank Nat'l. Trust Co. y. Raymond M. Gray, Sr. 17 CV312433 ATTACHMENT (Number): 13a (This Attachment may be used with any Judicial Council form.) 1) Name of Case: Ancheta v. Deutsche Bank Nat'l. Trust Co. 2) Name of Court: California Sixth District Court of Appeal 3) Case Number: H044032 4) Status:Record on Appeal in preparation/due April 10, 2018. (if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penaity of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT wam.courinio.ca.gor ‘Judictal Courcit of California M4025 [Rev. July 1, 2069] to Judicial Council Form PROOF OF SERVICE DEUTSCHE BANK NATIONAL TRUST COMPANY V. RAYMOND M. GRAY, SR., et al. Case No.: 17 CV 312433 I ama citizen of the United States, over the age of eighteen (18) years, and not a party to the within action. My electronic service address is: tichinin@garlic.com. My business address is: 17150 Wedgewood Ave., Los Gatos, CA 95032. On March 19, 2018 I served the following document(s): DEFENDANTS’ CASE MANAGEMENT STATEMENT BY PERSONAL DELIVERY: I caused one copy of the above document to be delivered by hand to the person apparently in charge at the offices of each addressee below. 10 BY MAIL: I caused one copy of the above document to be placed in a sealed 11 envelope, with postage thereon fully prepaid, and then caused said envelope to be placed in the United States mail at Los Gatos, California, addressed as set 12 forth below to each addressee below. 13 BY ELECTRONIC SERVICE: I caused each such document to be served electronically on each addressee below. 14 15 PARTY SERVED 16 JOHN M. SORICH 17 john.sorich@piblaw.com 18 Attorney For: Plaintiff Deutsche Bank National Trust Company. 19 20 I declare under penalty of perjury under the laws of the State of California that the WI. foregoing is true and correct. Executed on March 19, 2018 Los Gatos, California 95032. 22, 23 24 BROCE TICHININ 25 26 2h 28