Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Erin E. Patterson, SBN 262285 Patrick J. Layman, SBN 59643
Jason W. Tang, SBN 314337 Thomas J. Sebourn, SBN 279272 E-FILED
Bora Song, SBN 329308 Nicholas J. Babilis, SBN 291676
Carina M. Jordan, SBN 302099
10/19/2020 3:43 PM
Superior Court of California
SUTTELL & HAMMER, APC, 1-888-788-8355
TELEPHONE NO: County of Fresno
P.O. BOX C-90006, BELLEVUE, WA 98009 425-453-3239
FAX NO. (Optional)
By: L. Hernandez, Deputy
s/h 619072.001_________
ATTORNEY FOR (Name):DISCOVER BANK
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS: 1130 O Street
MAILING ADDRESS: _____________________
CITY AND ZIP CODE:
Fresno CA 93721-2220
BRANCH NAME: B.F. SISK COURTHOUSE
PLAINTIFF/PETITIONER: DISCOVER BANK
DEFENDANT/RESPONDENT: JOHN W HASTRUP
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [ ] UNLIMITED CASE [X] LIMITED CASE
18CECL10703
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 11/12/2020 Time: 1:30PM Dept.: 402 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.
1. Party or parties (answer one):
a. This statement is submitted by party (name): DISCOVER BANK
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):10/17/2018
b. The cross-complaint, if any, was filed on (date):
3. 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 case in complaint cross-complaint (Describe, including causes of action):
Breach of Contract-Common counts. Account stated, open book account
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 1 of 5
American LegalNet, Inc.
SHORT TITLE: DISCOVER BANK vs. JOHN W HASTRUP CASE NUMBER:
18CECL10703
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.)
This is a simple collection action wherein Plaintiff sues defendant to recover the amount of $10776.15 due on defendant’s
credit account with Plaintiff. Case is at issue. Plaintiff respectively requests the court set this matter for trial in 120-160 days.
(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 a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
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):
b. hours (short causes) (specify): 2
8. 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:
Additional representation is described in Attachment 8.
9. 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 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 has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) 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. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5
American LegalNet, Inc.
SHORT TITLE: DISCOVER BANK vs. JOHN W HASTRUP CASE NUMBER:
18CECL10703
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 participate in or
this form are willing to have already completed an ADR process or processes, indicate the status of the processes
participate in the following (attach a copy of the parties' ADR stipulation):
ADR processes (check all that
apply):
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) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding Judicial arbitration scheduled for (date):
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. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5
American LegalNet, Inc.
SHORT TITLE: DISCOVER BANK vs. JOHN W HASTRUP CASE NUMBER:
18CECL10703
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.
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. A motion to consolidate coordinate wiII 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
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
The following discovery issues, including issues regarding the discovery of electronically stored
information, are anticipated (specify):
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5
American LegalNet, Inc.
SHORT TITLE: DISCOVER BANK vs. JOHN W HASTRUP CASE NUMBER:
18CECL10703
17. Economic litigation
a. [X] 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):
I 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.
October 19, 2020
Dated ________________________________.
() Thomas J. Sebourn, SBN 279272 ( ) Nicholas J. Babilis, SBN 291676
(
(
) Bora Song, SBN 329308
) Erin E. Patterson, SBN 262285
( ) Patrick J. Layman, SBN 59643
( ) Jason W. Tang, SBN 314337
SignHere ____________________________________________________________________________________________________
(X) Carina M. Jordan, SBN 302099 (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5
PROOF OF SERVICE
STATE OF WASHINGTON, COUNTY OF KING} ss.
I am a resident of the United States and employed in the County of King, Washington; I am over the age of 18 years
and not a party to the within entitled action; my business address is PO Box C-90006, Bellevue WA 98009.
On October 19, 2020
________________________,
Signer2Date I served the foregoing document, described as CASE MANAGEMENT
STATEMENT on the interested parties to said action by the following means:
X (By Mail): By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully
prepaid, for collection and mailing on that date following ordinary business practices, in the United States
Mail at the offices of SUTTELL & HAMMER, addressed as shown below. I am readily familiar with this
business's practice for collection and processing of correspondence for mailing with the U.S. Postal Service,
and in the ordinary course of business correspondence would be deposited with the U.S. Postal Service the
same day it was placed for collection and processing.
(By Mail): By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States Mail at Bellevue, Washington, addressed as shown below.
(By Hand Delivery): By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by
hand to the addresses shown below.
(By Personal Service): By personally delivering a true copy thereof, enclosed in a sealed envelope, to the
addresses shown below.
(By Overnight Delivery): By placing a true copy thereof, enclosed in a sealed envelope, with delivery
charges prepaid, to be sent by ______________________________________, addressed as shown below.
(By Facsimile Transmission): By transmitting a true copy thereof by facsimile transmission from
facsimile number _____________________, to the interested parties to said action; the transmission was
reported as complete and without error, and a copy of the transmission report, which was properly issued by
the transmitting facsimile machine, is attached hereto and incorporated herein by reference. Said documents
were transmitted to the interested parties as shown below atx ________ a.m./p.m.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on October 19, 2020
_______________________,
Signer2Date at Bellevue, King County, Washington.
[X] Legal Assistant [ ] Attorney
Signer2Sig ________________________________
( ) Kristin Newton ( ) Angelie Ouk ( ) Madeleine Fries ( ) Angie Munoz
( ) Kiran Cunningham ( ) Courtney Matthew ( ) Sarah Carino ( ) Hector Jimenez
( ) Christian Obando ( ) Danequa Brown ( ) Martin Montellano
( ) ( ) Tea Nguon ( X) Alexia Nono
( ) KC Gidewall ( ) Alex Chabal ( ) Nicholas Capers
( ) Patricia Exendine ( ) Victoria Wheeler
( ) ( ) Pamela Lyons
( ) Christian Obando
( ) Sumer DeRosa
( ) Quinlan Hecker
NAME AND ADDRESS OF EACH PERSON SERVED:
JOHN W HASTRUP
585 E PRINCETON AVE
FRESNO CA 93704-5440