Motion for Case Management in Flagship Credit Acceptance, LLC vs. Summer Marquez| Trellis.Law

On May 08, 2019 a Party Statement was filed involving a dispute between Flagship Credit Acceptance, Llc, and Marquez, Summer Lynn, for 09 Limited - Other Collections Over $10,000 in the District Court of Fresno County.

Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Michael D. Vanlochem SBN 110068
VANLOCHEM & ASSOCIATES LLP E-FILED
6565 Sunset Blvd. Suite 412 11/27/2019 3:06 PM
Hollywood CA 90028 Superior Court of California
County of Fresno
TELEPHONE NO.: (323)993-0500 (323)993-0501
FAX NO. (Optional): By: A. Rodriguez, Deputy
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Flagship Credit
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS: 1130 0 Street
MAILING ADDRESS:
CITY AND ZIP CODE:Fresno CA 93721
BRANCH NAME: Fresno
PLAINTIFF/PETITIONER: FLAGSHIP CREDIT ACCEPTANCE, LLC, a limited liability
company
DEFENDANT/RESPONDENT:
SUMMER LYNN MARQUEZ, etc., et al
CASE NUMBER:
CASE MANAGEMENT STATEMENT 19CECL04489
(Check one):
□ UNLIMITED CASE
(Amount demanded
[gl LIMITED CASE
(Amount demanded is $25,000 or
exceeds $25,000) less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:

Date: December 12, 2019 Time: 3:30 p.m. 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. [2J This statement is submitted by party (name): FLAGSHIP CREDIT ACCEPTANCE, LLC, a limited liability company
b. D 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): May 8, 2019
b. D The cross-complaint, if any, was filed on (date):

3. Service (to be answered by plaintiffs and cross-complainants only):
a. D All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. □ The following parties named in the complaint or cross-complaint
( 1) D have not been served ( specify names and explain why not):

(2) [2J have been served but have not appeared and have not been dismissed (specify names): Summer Lynn Marquez
aka Summer L. Marquez aka Summer Marquez, an individual
(3)
□ have had a default entered against them (specify names):

C. 0 The following additional parties may be added (specify names, nature of involvement in case, and the date by which they
may be served):

4. Description of case
a. Type of case in [2J complaint D cross-complaint (Describe, including causes of action):
Causes of action are: (1) claim and delivery for possession of motor vehicle and (2) money due on a contract

Page 1 ofS
Fmm Adopted for Mandatory Use
Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3. 720-3. 730
CM-110 (Rev. July 1, 2011)
CM-110
PLAINTIFF/PETITIONER: FLAGSHIP CREDIT, etc. CASE NUMBER:

DEFENDANT/RESPONDENT: SUMMER LYNN MARQUEZ, etc., et al 19CECL04489

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.)

Plaintiff provided the financing for the purchase of the 2016 Nissan Altima, Vehicle Identification Number
1N4AL3AP3GN373559, and was assigned the contract. Plaintiff is currently the lien holder of the vehicle.
Defendant(s) failed to pay in accordance with the terms of the contract. The vehicle has been repossessed. Once
the vehicle is sold and account liquidated we will file documents to have deficiency judgment entered.

D (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 D a jury trial 1:21 a nonjury trial(if more than one party, provide the name of each party
requesting a jury trial):

6. Trial date
a. D The trial has been set for (date):
b. 1:21 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. 1:21 days (specify number): One (1)
b. D hours (short causes) (specify):

8. Trial preparation (to be answered for each party)
D by the following:
1:21 by the attorney or party listed in the caption
The party or parties will be represented at trial
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented: FLAGSHIP CREDIT ACCEPTANCE,
LLC, a limited liability company
D Additional representation is described in Attachment 8.

9. Preference
D 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 1:21 hasD 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 D hasD has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
D
( 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)D 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)D 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) Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110

PLAINTIFF/PETITIONER: FLAGSHIP CREDIT, etc. CASE NUMBER:

DEFENDANT/RESPONDENT: SUMMER LYNN MARQUEZ, etc., et al 19CECL04489

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 all that apply):stipulation):

[81 Mediation session not yet scheduled

(1) Mediation [81 □ Mediation session scheduled for (date):

□ Agreed to complete mediation by (date):

□ Mediation completed on (date):

□ Settlement conference not yet scheduled

(2) Settlement
conference
□ □ Settlement conference scheduled for (date):

□ Agreed to complete settlement conference by (date):

□ Settlement conference comoleted on (date):

□ Neutral evaluation not yet scheduled

(3) Neutral evaluation
□ □ Neutral evaluation scheduled for (date):

□ Agreed to complete neutral evaluation by (date):

□ Neutral evaluation completed on (date):

□ Judicial arbitration not yet scheduled

(4) Nonbinding
judicial arbitration
□ □ Judicial arbitration scheduled for (date):

□ Agreed to complete judicial arbitration by (date):

□ Judicial arbitration comPleted on (date):

□ Private arbitration not yet scheduled

(5) Binding private
arbitration
□ □ Private arbitration scheduled for (date):

□ Agreed to complete private arbitration by (date):

□ Private arbitration completed on (date):

□ ADR session not yet scheduled

(6) Other (specify):
□ □ ADR session scheduled for (date):

□ Agreed to complete ADR session by (date):

□ ADR completed on (date):

CM-110 (Rev. July 1, 2011) Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: FLAGSHIP CREDIT, etc. CASE NUMBER:

DEFENDANT/RESPONDENT: SUMMER LYNN MARQUEZ, etc., et al 19CECL04489

11. Insurance
a. D Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: D Yes D No
c. D 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.
D Bankruptcy ~ Other (specify): Plaintiff will file default judgment documents.
Status:

13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate will be filed by (name party):

14. Bifurcation
D 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
D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):

16. Discovery
a. D The party or parties have completed all discovery.
b. D The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date

c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):

CM-110 (Rev. July 1, 2011) Page 4of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: FLAGSHIP CREDIT, etc. CASE NUMBER:

~FENDANT/RESPONDENT: SUMMER LYNN MARQUEZ, etc., et al 19CECL04489

17. Economic Litigation
a. D 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. D 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
D 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. r8l 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): Defendant(s) has/have not appeared.

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): None

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.

Date: November 14, 2019

Michael D. Vanlochem
(TYPE OR PRINT NAME)

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)

D Additional signatures are attached

CM•110 (Rev. July 1, 2011) Page 5 of 5
CASE MANAGEMENT STATEMENT
1 Proof of Service
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I, Jose Anguiano, declare as follows:
4 I am employed in the County of Los Angeles, State of California and over the age of
5 eighteen years. I am not a party to the within action. I am employed by VANLOCHEM &

6 ASSOCIATES LLP, and my business address is 6565 Sunset Blvd. Suite 412, Hollywood,
7 CA 90028. I am readily familiar with the practice of VANLOCHEM & ASSOCIATES LLP for
8 collection and processing of correspondence for mailing with the United States Postal

9 Service. In the ordinary course of business, such correspondence would be deposited with
10 the United States Postal Service, with postage thereon fully prepaid, the same day I submit
11 it for collection and processing for mailing.
12 On ___ \+\-'--•-[/~-\~·--'\'-V\_____, I served the Case Management Statement on the
13 interested parties by placing a copy thereof in individual envelopes addressed as shown

14 below and, following ordinary business practices of VANLOCHEM & ASSOCIATES LLP, by
15 sealing said envelopes and depositing them for collection and mailing on the aforesaid date

16 by placement for deposit on the same day in the United States Postal Service at 6565
17 Sunset Blvd. Suite 412 , Hollywood, CA 90028.

19 Ms. Summer Lynn Marquez
5536 N. Olinda Ave.
20 Fresno, CA 93723
21
22 I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct and that this declaration was executed
24 __\~\_.~jt~\_·_l_<'I\______, at Los Angeles, California.
25
26 BY:
27
28

-3-
PROOF OF SERVICE BY MAIL

Case Info

Judge

Gabriel L. Brickey Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

November 27, 2019

Case Filing Date

May 08, 2019

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Party Statement: Flagship Credit Acceptance, LLC vs. Summer Marquez

Preview

Related Topics

Case Info

Parties