On June 05, 2019 a
Request,Application
was filed
involving a dispute between
Discover Bank,
and
Singh, Ajit,
for 09 Limited - Rule 3.740 Collections Under $10,000
in the District Court of Fresno County.
Preview
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EJT-003
1 '
ATTOR NEY 0R PAR ATTORNE
Y WITH OUT
I
STATE BAP N0 FOR COURT'USE ONLY
Karel Raba (293570) Ray Mahdavi (247178) Donna Aguirre (243510) ;v
NAME: H
Maria Bradish (288384) West Imbodcn (324175) Davis Kratz (323799)
F‘RM NAME
The Moore Law Group, APC, 3710 S. Susan SL #210, Santa Ana, CA 92704,
STREEF ADDRESS: PO Box 25 145, Santa Ana, CA 92799—5145
CITY: 800-506—2652 STATE:
‘
coDE'
ZIP
E-FILED
TELEPHONE No: FAX No:
\
E—MAIL ADDRESS: 1/30/2020 10:17 AM
i
ATTORNEY FOR Discover Bank
(name):
Superior Court of California
SUPERIOR COURTOF CALIFORNIA, COUNTY OF Fresno
STREETADDRESS: 1130 "O" Strcct
MA4LJNG ADDRESS: County of Fresno
CITYAND ZIP CODE. CA
Fresno 93721-22'20
Fresno County Superlor Court
BRANCH NAME: By: J. Leyva, Deputy
x
i
PLAINTIFF/PETITIONER: Discover Bank
‘
DEFENDANT/RESPONDENTjAjit Singh
\
w
OTHER:
\
CASENUMBER:
I
REQUEST To OPT OUT 0F MANDATORY
EXPEDITED JURY TRIAL PROCEDURES 19CECL05486
See instructions on
‘
back.
‘
‘ 1. (Name DiSCOVer Bank
ofparly): requests to opt out of the mandatory expedited jury procedures
trial
inthiscase because meets one
it of the criteria setforth
1nCode Procedure section 630. 20(b).
of Civil
2. The ground one or more of the
for asking to opt out Is (check followinggrounds from Code of Hocedure
Civil section 630.20(b)):
a. Grounds on which a partymay choose to opt out of an expedited jury
trial.
(1)
(2)
E
E
Punitivedamages are sought In the case. (§ 630. 20(b)(1).)
Damages m excess of Insurance policy limits are sought'Inthe case. (§ 630. 20(b)(2).)
)D A party's insurer
isproviding a legal defense subject to a reservation of righs‘ (§ 630.20(b)(3).)
E
(3)
The case involves a claim reportable to a governmental entity.
(4)
(5) E The case
and
(Identify the individual the license):
may affect an
involves a claim of moral turpitude that
(§ 630.20(b)(4).)
individual's professional license,
(§ 630.20(b)(5).)
(6) E
E
The case involves claims
The case has been reclassified
conduct
of intentional (§ 630.20(b)(6).‘)
as unlimited pursuanttoCode Procedure section 403‘020.
E
(7) of Civil (§ 630.20(b)(7).)
(B) The complaint contains a demand fees other than fees sought under
for attorney‘s Code
Civil section 1717.
(§ 630.20(b)(8).)
(A complaint seeking attorney’s fees provided forin a contract
is not exempt.)
b. Ground on which the judge must make a finding. (Note thatgood cause includes, but is not limited to, a showing that a party'
needs more than five hours fo present or'defend the action and the parties have been unable to stipulate to additional time.)
m Good cause
(§630‘20(b)(9))
one ofthe grounds
exists (other than
(explain below or on attachedpage
above)
listed
or pages):
proceeding as an expedited jury trial
for not
This is a simple collection matter,
Presentation of Plaintiffs casc-in-chief will last approximately15 minutes. Accordingly, preparation for a jury
.
would be
trial
unduly burdensome.
3. Ifthe request isnotmade 31546, describe the good cause
Within the time required under Cal. Rules of Court, rule for late filing:
E Check here ifyou need more space to describe the good cause for the request,
pages describing it. item 2b" or "EJT—003,
A! the top of each page, write ”EJT-003, item 3,
and aflach a separate page or
or for delay,
”
as applicable.
ldeclare under penalty of perjury under the laws of the State of California that the foregoing
true and correct.
i‘é
D t :
JAfiez 2020 LIKarel Raba LJ Ray Mahdavi U Donna Aguirre
9
D Maria Bradish )i West Imboden [3 Davis Kratz
0R PRINT NAME)
[TVPE {'SIGfiATMWORNEY 0R PARTYWITHOUT MTORNEY)
v I
‘
Page-1 01'2
Form Adopted forMandatoryUse
JJdidal Councfl or Camarnia
REQUEST TO OPT OUT OF MANDATORY 9°“ “CW" Pmcedure
CaL Rules
§ 530120
154G
of Court. rule 3
EXPEDITED JURY TRIAL PROCEDURES
'
EJr-oos [N'ew Juxy 1, 201 5] wwwmunsca gov
EJT—003
—INSTRUCTIQNS—
7
J
1. This form isto used by any party in a limited civil action seeking tb opt out ofthe mandatory expedited jury trial procedures set
be-
out m Code of Civil Procedure sections 630 20—630 29. Those. procedures are also described In the Expedited .Jury Trial
Information Sheet (form EJT- 001l-NFO) 1
2. The law provides thatmandatory expedited jury trial procedures'appiy to all lim'rted civil cases (except for unlawful detainer or
eviction cases),unless thecase meets one of the criteria set out in Code of Civil Procedure section 630.20(b). Those are listed on
thé front of this form, at items 2a—2i. If a case fits into one of those criteria, either party may ask to opt out o'f the mandatory
expedited jury trial procedures
3 Ifyou want to opt out: you believe the case meets one of the
If m
criteria listeditem 2 and you want to opt out of the expedited
jurytrialprocedures fillout this form, serve a copy on
allother partiesinthe case and file the original with the court along with a
proof of service (you can use formPOS—O40 for The form should be served and
thisl). 45 days before the date first set
filed at least
for you have good cause
trial. If for 'filing
itlater,explain that
initem 3.
4. Documentation not required: Itis is based on
not necessary to submit documentary‘eviden'ce with this application, which
statements being made under You may submit such evidence
penalty of perjury. ifyou believe to
it be necessary or appropriate.
5. Ifyou receive a copy of this form: If you disagree that the the case meets any of the criteria listed in item 2, you can object. To
do that, Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-OO4), serve a copy on
out the Objection to
fill
all other parties in the ca'se, and file the original with the court along with a proof of service (you can use form POS—040 for this).
'
You musi file the objection within 15 days of the date the request was served on you.
6. Court action: After the courthas reviewed the request and any objectionthathas been 15 days, the court
filed within willissue an
order thatwilldo one of the following:
a. grant the request,
b. deny the request, or
c. set a hearing to hearfurther from the parties.
7. CriteriaFor Opt-Out No Longer Applicable: Parties should be aware thatthey are to promptly inform the court if the
ground or grounds which supported the opt out of this case from Mandatory EJT are no Ion‘ger applicable, and the court
may require the case be tried as an expedited jury trial.
Ems [New Jum. 20161 REQUEST To OPT OUT 0F MANDATORY
'
mm”
EXPEDITED JURY TRIAL PROCEDURES
Document Filed Date
January 30, 2020
Case Filing Date
June 05, 2019
Category
09 Limited - Rule 3.740 Collections Under $10,000
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
‘ ‘ % EJT-003 1 ' ATTOR NEY 0R PAR ATTORNE Y WITH OUT I STATE BAP N0 FOR COURT'USE ONLY Karel Raba (293570) Ray Mahdavi (247178) Donna Aguirre (243510) ;v NAME: H Maria Bradish (288384) West Imbodcn (324175) Davis Kratz (323799) F‘RM NAME The Moore Law Group, APC, 3710 S. Susan SL #210, Santa Ana, CA 92704, STREEF ADDRESS: PO Box 25 145, Santa Ana, CA 92799—5145 CITY: 800-506—2652 STATE: ‘ coDE' ZIP E-FILED TELEPHONE No: FAX No: \ E—MAIL ADDRESS: 1/30/2020 10:17 AM i ATTORNEY FOR Discover Bank (name): Superior Court of California SUPERIOR COURTOF CALIFORNIA, COUNTY OF Fresno STREETADDRESS: 1130 "O" Strcct MA4LJNG ADDRESS: County of Fresno CITYAND ZIP CODE. CA Fresno 93721-22'20 Fresno County Superlor Court BRANCH NAME: By: J. Leyva, Deputy x i PLAINTIFF/PETITIONER: Discover Bank ‘ DEFENDANT/RESPONDENTjAjit Singh \ w OTHER: \ CASENUMBER: I REQUEST To OPT OUT 0F MANDATORY EXPEDITED JURY TRIAL PROCEDURES 19CECL05486 See instructions on ‘ back. ‘ ‘ 1. (Name DiSCOVer Bank ofparly): requests to opt out of the mandatory expedited jury procedures trial inthiscase because meets one it of the criteria setforth 1nCode Procedure section 630. 20(b). of Civil 2. The ground one or more of the for asking to opt out Is (check followinggrounds from Code of Hocedure Civil section 630.20(b)): a. Grounds on which a partymay choose to opt out of an expedited jury trial. (1) (2) E E Punitivedamages are sought In the case. (§ 630. 20(b)(1).) Damages m excess of Insurance policy limits are sought'Inthe case. (§ 630. 20(b)(2).) )D A party's insurer isproviding a legal defense subject to a reservation of righs‘ (§ 630.20(b)(3).) E (3) The case involves a claim reportable to a governmental entity. (4) (5) E The case and (Identify the individual the license): may affect an involves a claim of moral turpitude that (§ 630.20(b)(4).) individual's professional license, (§ 630.20(b)(5).) (6) E E The case involves claims The case has been reclassified conduct of intentional (§ 630.20(b)(6).‘) as unlimited pursuanttoCode Procedure section 403‘020. E (7) of Civil (§ 630.20(b)(7).) (B) The complaint contains a demand fees other than fees sought under for attorney‘s Code Civil section 1717. (§ 630.20(b)(8).) (A complaint seeking attorney’s fees provided forin a contract is not exempt.) b. Ground on which the judge must make a finding. (Note thatgood cause includes, but is not limited to, a showing that a party' needs more than five hours fo present or'defend the action and the parties have been unable to stipulate to additional time.) m Good cause (§630‘20(b)(9)) one ofthe grounds exists (other than (explain below or on attachedpage above) listed or pages): proceeding as an expedited jury trial for not This is a simple collection matter, Presentation of Plaintiffs casc-in-chief will last approximately15 minutes. Accordingly, preparation for a jury . would be trial unduly burdensome. 3. Ifthe request isnotmade 31546, describe the good cause Within the time required under Cal. Rules of Court, rule for late filing: E Check here ifyou need more space to describe the good cause for the request, pages describing it. item 2b" or "EJT—003, A! the top of each page, write ”EJT-003, item 3, and aflach a separate page or or for delay, ” as applicable. ldeclare under penalty of perjury under the laws of the State of California that the foregoing true and correct. i‘é D t : JAfiez 2020 LIKarel Raba LJ Ray Mahdavi U Donna Aguirre 9 D Maria Bradish )i West Imboden [3 Davis Kratz 0R PRINT NAME) [TVPE {'SIGfiATMWORNEY 0R PARTYWITHOUT MTORNEY) v I ‘ Page-1 01'2 Form Adopted forMandatoryUse JJdidal Councfl or Camarnia REQUEST TO OPT OUT OF MANDATORY 9°“ “CW" Pmcedure CaL Rules § 530120 154G of Court. rule 3 EXPEDITED JURY TRIAL PROCEDURES ' EJr-oos [N'ew Juxy 1, 201 5] wwwmunsca gov EJT—003 —INSTRUCTIQNS— 7 J 1. This form isto used by any party in a limited civil action seeking tb opt out ofthe mandatory expedited jury trial procedures set be- out m Code of Civil Procedure sections 630 20—630 29. Those. procedures are also described In the Expedited .Jury Trial Information Sheet (form EJT- 001l-NFO) 1 2. The law provides thatmandatory expedited jury trial procedures'appiy to all lim'rted civil cases (except for unlawful detainer or eviction cases),unless thecase meets one of the criteria set out in Code of Civil Procedure section 630.20(b). Those are listed on thé front of this form, at items 2a—2i. If a case fits into one of those criteria, either party may ask to opt out o'f the mandatory expedited jury trial procedures 3 Ifyou want to opt out: you believe the case meets one of the If m criteria listeditem 2 and you want to opt out of the expedited jurytrialprocedures fillout this form, serve a copy on allother partiesinthe case and file the original with the court along with a proof of service (you can use formPOS—O40 for The form should be served and thisl). 45 days before the date first set filed at least for you have good cause trial. If for 'filing itlater,explain that initem 3. 4. Documentation not required: Itis is based on not necessary to submit documentary‘eviden'ce with this application, which statements being made under You may submit such evidence penalty of perjury. ifyou believe to it be necessary or appropriate. 5. Ifyou receive a copy of this form: If you disagree that the the case meets any of the criteria listed in item 2, you can object. To do that, Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-OO4), serve a copy on out the Objection to fill all other parties in the ca'se, and file the original with the court along with a proof of service (you can use form POS—040 for this). ' You musi file the objection within 15 days of the date the request was served on you. 6. Court action: After the courthas reviewed the request and any objectionthathas been 15 days, the court filed within willissue an order thatwilldo one of the following: a. grant the request, b. deny the request, or c. set a hearing to hearfurther from the parties. 7. CriteriaFor Opt-Out No Longer Applicable: Parties should be aware thatthey are to promptly inform the court if the ground or grounds which supported the opt out of this case from Mandatory EJT are no Ion‘ger applicable, and the court may require the case be tried as an expedited jury trial. Ems [New Jum. 20161 REQUEST To OPT OUT 0F MANDATORY ' mm” EXPEDITED JURY TRIAL PROCEDURES