Preview
16CV300096
Santa Clara — Civil
System System
Electronically Filed
Fred W. Schwinn (SBN 225575) by Superior Court of CA,
fred.schwinn@sjconsumerlaw.com County of Santa Clara,
Raeon R. Roulston (SBN 255622) on 9/17/2021 2:22 PM
raeon.roulston@sjconsumerlaw.com Reviewed By: System System
Matthew C. Salmonsen (SBN 302854) Case #16CV300096
matthew.salmonsen@sjconsumerlaw.com Envelope: 7290405
CONSUMER LAW CENTER, INC.
1435 Koll Circle, Suite 104
San Jose, California 95112-4610
Telephone Number: (408) 294-6100
Facsimile Number: (408) 294-6190
Attorneys for Cross-Complainant
MARIA ANTONIA CANUL
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
ll
VELOCITY INVESTMENTS, LLC, Case No. 16CV300096
12
(Unlimited Civil Case)
13 Plaintiff,
Vv.
Assigned for All Purposes to
14 The Honorable Patricia M. Lucas
MARIA CANUL,
15
Defendant.
16 MARIA ANTONIA CANUL, on behalf of
herself and all others similarly situated, MARIA ANTONIA CANUL’S FURTHER
17
CASE MANAGEMENT CONFERENCE
18 Cross-Complainant, STATEMENT
19 Vv. Hearing Date: September 22, 2021
Hearing Time: 2:30 p.m.
20 VELOCITY INVESTMENTS, LLC, a New Hearing Dept.: 3
Jersey limited liability company; VELOCITY Hearing Location: CourtCall
21 PORTFOLIO GROUP, INC., a Delaware
corporation, and ROES 1 through 10,
22 inclusive,
23
Cross-Defendants.
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1. INTRODUCTION
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Defendant/Cross-Complainant, MARIA ANTONIA CANUL (“CANUL”), hereby submits this
26
27 Case Management Statement for the September 22, 2021 Further Case Management Conference.
28 CANUL emailed a draft Joint Case Management Conference Statement to counsel for Plaintiff/Cross-
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CASE MANAGEMENT CONFERENCE STATEMENT Case No. 16CV300096
Defendant, VELOCITY INVESTMENTS, LLC (“VELOCITY”), on Monday, September 13, 2021, as
per standard practice, requesting that VELOCITY provide its preferred language for this Statement.
Having received no response, counsel for CANUL sent a followup email Friday morning. As of the
date of this Statement, no response has been received.
2. RELEVANT PROCEDURAL HISTORY
This case was deemed complex on January 19, 2021. On February 17, 2021, the parties attended
the initial Case Management Conference. On February 26, 2021, the Court heard and granted Cross-
Complainant’s motion to compel further discovery responses from Cross-Defendant.
10
On January 29, 2021, the Cross-Complaint was amended to name Roe 1| as Cross-Defendant,
ll
VELOCITY PORTFOLIO GROUP, INC. (“VPGI”), which Cross-Defendant was served on March 13,
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13 2021. VPGI has yet to make a formal appearance in this case, and its responsive pleading was due by
14 June 15, 2021 by agreement of the parties.
15 On August 11, 2021, PASCUAL served a Motion for Order Granting Leave to File First
16
Amended Class Action Cross-Complaint. The motion is scheduled to be heard on November 3, 2021.
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3. DISCOVERY TO DATE
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19 The Court granted Cross-Complainant’s motion to compel on February 26, 2021. Pursuant to
20 that Order, Cross-Defendant served supplemental discovery responses on or about March 19, 2021, and
21 again on July 16, 2021. Through meet and confer efforts, the parties were largely able to resolve
22
outstanding discovery disputes regarding Cross-Defendant’s compliance. Currently, CANUL is waiting
23
for production of one file document from Cross-Defendant: a complete spreadsheet containing
24
25 information relating to all accounts that were sold or transferred to VELOCITY when it purportedly
26 obtained CANUL’s and the class’s accounts. Counsel for Cross-Defendant have stated they “will look
27 into further” whether or not they will produce this complete spreadsheet.
28
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CASE MANAGEMENT CONFERENCE STATEMENT Case No. 16CV300096
There also remains outstanding subpoenas to third parties. Counsel for CANUL has been
meeting and conferring with third-party LendingClub Corporation, but those efforts will soon be
exhausted and CANUL may require an Informal Discovery Conference with regard to this subpoena.
Once the Cross-Complaint is amended and VPGI makes a formal appearance in this case, Cross-
Complainant will likely serve discovery on VPGI.
4. OTHER ISSUES
CANUL’s Motion for Order Granting Leave to File First Amended Class Action Cross-
Complaint is currently scheduled to be heard on November 3, 2021. Although counsel for Cross-
10
Defendant informed the Court in June that it was in the process of substituting out of this case, as of yet
ll
there has been no substitution of attorney filed.
12
13 Additionally, there is the matter of VPGI’s default. Cross-Complainant prefers to file the
14 contemplated amended Cross-Complaint prior to taking VPGI’s default.
15
16
CONSUMER LAW CENTER, INC.
17
18 Dated: September 17, 2021 By: /s/ Matthew C. Salmonsen
19 (Fred W. Schwinn (SBN 225575)
ORaeon R. Roulston (SBN 255622)
20 Matthew C. Salmonsen (SBN 302854)
21 Attorneys for Cross-Complainant
22 MARIA ANTONIA CANUL
23
24
25
26
27
28
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CASE MANAGEMENT CONFERENCE STATEMENT Case No. 16CV300096
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16CV300096 Santa Clara — Civil System System Electronically Filed Fred W. Schwinn (SBN 225575) by Superior Court of CA, fred.schwinn@sjconsumerlaw.com County of Santa Clara, Raeon R. Roulston (SBN 255622) on 9/17/2021 2:22 PM raeon.roulston@sjconsumerlaw.com Reviewed By: System System Matthew C. Salmonsen (SBN 302854) Case #16CV300096 matthew.salmonsen@sjconsumerlaw.com Envelope: 7290405 CONSUMER LAW CENTER, INC. 1435 Koll Circle, Suite 104 San Jose, California 95112-4610 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Attorneys for Cross-Complainant MARIA ANTONIA CANUL 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ll VELOCITY INVESTMENTS, LLC, Case No. 16CV300096 12 (Unlimited Civil Case) 13 Plaintiff, Vv. Assigned for All Purposes to 14 The Honorable Patricia M. Lucas MARIA CANUL, 15 Defendant. 16 MARIA ANTONIA CANUL, on behalf of herself and all others similarly situated, MARIA ANTONIA CANUL’S FURTHER 17 CASE MANAGEMENT CONFERENCE 18 Cross-Complainant, STATEMENT 19 Vv. Hearing Date: September 22, 2021 Hearing Time: 2:30 p.m. 20 VELOCITY INVESTMENTS, LLC, a New Hearing Dept.: 3 Jersey limited liability company; VELOCITY Hearing Location: CourtCall 21 PORTFOLIO GROUP, INC., a Delaware corporation, and ROES 1 through 10, 22 inclusive, 23 Cross-Defendants. 24 1. INTRODUCTION 25 Defendant/Cross-Complainant, MARIA ANTONIA CANUL (“CANUL”), hereby submits this 26 27 Case Management Statement for the September 22, 2021 Further Case Management Conference. 28 CANUL emailed a draft Joint Case Management Conference Statement to counsel for Plaintiff/Cross- -1- CASE MANAGEMENT CONFERENCE STATEMENT Case No. 16CV300096 Defendant, VELOCITY INVESTMENTS, LLC (“VELOCITY”), on Monday, September 13, 2021, as per standard practice, requesting that VELOCITY provide its preferred language for this Statement. Having received no response, counsel for CANUL sent a followup email Friday morning. As of the date of this Statement, no response has been received. 2. RELEVANT PROCEDURAL HISTORY This case was deemed complex on January 19, 2021. On February 17, 2021, the parties attended the initial Case Management Conference. On February 26, 2021, the Court heard and granted Cross- Complainant’s motion to compel further discovery responses from Cross-Defendant. 10 On January 29, 2021, the Cross-Complaint was amended to name Roe 1| as Cross-Defendant, ll VELOCITY PORTFOLIO GROUP, INC. (“VPGI”), which Cross-Defendant was served on March 13, 12 13 2021. VPGI has yet to make a formal appearance in this case, and its responsive pleading was due by 14 June 15, 2021 by agreement of the parties. 15 On August 11, 2021, PASCUAL served a Motion for Order Granting Leave to File First 16 Amended Class Action Cross-Complaint. The motion is scheduled to be heard on November 3, 2021. 17 3. DISCOVERY TO DATE 18 19 The Court granted Cross-Complainant’s motion to compel on February 26, 2021. Pursuant to 20 that Order, Cross-Defendant served supplemental discovery responses on or about March 19, 2021, and 21 again on July 16, 2021. Through meet and confer efforts, the parties were largely able to resolve 22 outstanding discovery disputes regarding Cross-Defendant’s compliance. Currently, CANUL is waiting 23 for production of one file document from Cross-Defendant: a complete spreadsheet containing 24 25 information relating to all accounts that were sold or transferred to VELOCITY when it purportedly 26 obtained CANUL’s and the class’s accounts. Counsel for Cross-Defendant have stated they “will look 27 into further” whether or not they will produce this complete spreadsheet. 28 -2- CASE MANAGEMENT CONFERENCE STATEMENT Case No. 16CV300096 There also remains outstanding subpoenas to third parties. Counsel for CANUL has been meeting and conferring with third-party LendingClub Corporation, but those efforts will soon be exhausted and CANUL may require an Informal Discovery Conference with regard to this subpoena. Once the Cross-Complaint is amended and VPGI makes a formal appearance in this case, Cross- Complainant will likely serve discovery on VPGI. 4. OTHER ISSUES CANUL’s Motion for Order Granting Leave to File First Amended Class Action Cross- Complaint is currently scheduled to be heard on November 3, 2021. Although counsel for Cross- 10 Defendant informed the Court in June that it was in the process of substituting out of this case, as of yet ll there has been no substitution of attorney filed. 12 13 Additionally, there is the matter of VPGI’s default. Cross-Complainant prefers to file the 14 contemplated amended Cross-Complaint prior to taking VPGI’s default. 15 16 CONSUMER LAW CENTER, INC. 17 18 Dated: September 17, 2021 By: /s/ Matthew C. Salmonsen 19 (Fred W. Schwinn (SBN 225575) ORaeon R. Roulston (SBN 255622) 20 Matthew C. Salmonsen (SBN 302854) 21 Attorneys for Cross-Complainant 22 MARIA ANTONIA CANUL 23 24 25 26 27 28 -3- CASE MANAGEMENT CONFERENCE STATEMENT Case No. 16CV300096