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  • Jorgensen VS Bank of New York Mellon Unlimited Civil (Other Complaint (non-tort/non...) document preview
  • Jorgensen VS Bank of New York Mellon Unlimited Civil (Other Complaint (non-tort/non...) document preview
  • Jorgensen VS Bank of New York Mellon Unlimited Civil (Other Complaint (non-tort/non...) document preview
  • Jorgensen VS Bank of New York Mellon Unlimited Civil (Other Complaint (non-tort/non...) document preview
  • Jorgensen VS Bank of New York Mellon Unlimited Civil (Other Complaint (non-tort/non...) document preview
  • Jorgensen VS Bank of New York Mellon Unlimited Civil (Other Complaint (non-tort/non...) document preview
  • Jorgensen VS Bank of New York Mellon Unlimited Civil (Other Complaint (non-tort/non...) document preview
  • Jorgensen VS Bank of New York Mellon Unlimited Civil (Other Complaint (non-tort/non...) document preview
						
                                

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. : e ® cane mn M40 To ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Pavel Ekmekchyan (SBN 223222); Joshua M. Bryan (SBN 225230) FOR COURT USE ONLY YU | MOHANDESI LLP 633 West Fifth Street, Suite 2800, Los Angeles, CA 90071 TELEPHONE NO.: 213.261.0731 FAX NO. (Optional): 213.377.5501 : E-MAIL ADDRESS (Optional): pavel@yumollp.com, jbryan@yumollp.com KF i i 4 KB D ATTORNEY FOR (Name): Defendant The Bank of New York Mellon as Trustee - ALAMEDA COUNTY SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA . an STREET ADDRESS: 1225 Fallon Street JUN 2 A 2020 MAILING ADDRESS: CITY AND IP CODE: Oakland, CA 94612 . a \F THE rr. COURT BRANCH NAME: Rene C. Davidson Alameda County Courthouse PLAINTIFF/PETITIONER: Anna Jorgensen “MICHELLE BANKS, Deputy DEFENDANT/RESPONDENT: The Bank of New York Mellon CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [-x_] UNLIMITED CASE [__] LIMITED CASE RG19047282 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 26, 2020 Time: 1:30 PM Dept.: 22 Div.: Room: Address of court (if different from the address above): _x_] Notice of Intent to Appear by Telephone, by (name): Joshua M. Bryan INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [5<] This statement is submitted by party (name): Defendant The Bank of New York Mellon as Trustee 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): 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-compiaint (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 [[x] complaint [__] cross-complaint (Describe, including causes of action): . (1) Request for Injunction; (2) wrongful foreclosure Page 1 of 6 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of Califomia CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-110 (Rev. July 1, 2014] www.courts.ca.gov FBNep CM-110 PLAINTIFF/PETITIONER: Anna Jorgensen CASE NUMBER: DEFENDANT/RESPONDENT: The Bank of New York Mellon RG19047282 4.b. Provide a brief statement of the case, including any damages. (/f 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 challenges the foreclosure process and documentation in connection with her default on her mortgage loan, alleges she made payments which were not properly applied to her account and that she was wrongfully charged fees. Defendants deny any wrongful conduct. [__] (if more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request [__] a jury trial [x] anonjury trial. (/f 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. [2] days (specify number): 3-5 b. [__] hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial [-x_] 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 [(__] hasnot 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) [3c] 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): Substantial questions of equity. CM-110 (Rev, July 1, 2014] CASE MANAGEMENT STATEMENT Page 20f6 CM-110 PLAINTIFF/PETITIONER: Anna Jorgensen CASE NUMBER: . RG19047282 DEFENDANT/RESPONDENT: The Bank of New York Mellon 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): [__] Mediation session not yet scheduled: {___] Mediation session scheduled for (date): (1} Mediation C_] (___] Agreed to complete mediation by (date): [__] Mediation completed on (date): {-_] Settlement conference not yet scheduled (2) Settlement ro [__] Settlement conference scheduled for (date): conference L__] Agreed to complete settlement conference by (date): [__] Settlement conference completed on (date): [__] Neutral evaluation not yet scheduled [-_] Neutral evaluation scheduled for (date): Neutral luati (3) Neutral evaluation CI [__] Agreed to complete neutral evaluation by (date): [__] Neutral evaluation completed on (date): [_] Judicial arbitration not yet scheduled (4) Nonbinding judicial co | [_] 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 C_ [__] Private arbitration scheduled for (date): arbitration [__] Agreed to complete private arbitration by (date): [__] Private arbitration completed on (date): _ | [3@) ADR session not yet scheduled ca [__] 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 3 of6 Page CN-110 PLAINTIFF/PETITIONER: Anna Jorgensen CASE NUMBER: DEFENDANT/RESPONDENT: . The Bank of New York Mellon RG19047282 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. [__] Amotion to [__] consolidate [__] coordinate will be filed by (name party): 14. Bifurcation {_x_] 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): Defendant reserves its right to move for bifurcation as appropriate. 15. Other motions [x] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Any necessary and appropriate pre-trial motions including dispositive motions, a demurrer, discovery motions and motions in limine. 16. Discovery a. [__] The party or parties have completed all discovery. b. [7X] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Deposition of Plaintiff When case is at issue Defendant Written discovery to Plaintiff When case is at issue c. [__]} The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July1, 2014) CASE MANAGEMENT STATEMENT Page 4 of § CM-110 PLAINTIFF/PETITIONER: Anna Jorgensen CASE NUMBER: RG19047282 DEFENDANT/RESPONDENT: The Bank of New York Mellon 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 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. [oc] 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): 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 the case management conference, including the written authority of the party where required. Date: June 24, 2020 i _ Joshua M. Bryan (TYPE OR PRINT NAME) oo” (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [__] Additional signatures are attached. CM-110 [Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page 5 of 5 FOF, your, protection an iiprivacy plea sepress the Clear — This'Form button"after you have printed the form? [Print this form: | Save this form | (Ciearthis\form), PROOF OF SERVICE I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Yu | Mohandesi LLP, 633 W. Fifth Street, Suite 2800, Los Angeles, CA 90071. On June 24, 2020, I served the following document(s) by the method indicated below: CASE MANAGEMENT STATEMENT (JUNE 26, 2020) by transmitting via facsimile on this date the document(s) listed above to the fax number(s) set forth below. The transmission was completed before 5:00 p.m. and was reported complete and without error. Service by fax was ordered by the Court. The transmitting fax machine complies with Cal.R.Ct 2003(3). xX by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Los Angeles, California addressed as set forth below. lam readily familiar with the firm’s practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. by placing the document(s) listed above in a sealed envelope(s) and consigning it to an express mail service for guaranteed delivery on the next business to the address(es) set 1055 W. 7thSt., Suite 2150 forth below. Los Angeles, CA 90017 YU | MOHANDESI LLP by electronic service per C.C.P. § 1010.6 (a): The document listed above was electronically transmitted via Electronic Service to the parties set forth on the below Service List. Counsel for Plaintiff Anthony A. Ferrigno LAW OFFICES OF ANTHONY A. FERRIGNO 3445 Golden Gate Way Lafayette, California 94549 Email: A-trust-fraudlaw@msn.com Counsel for Bayview Loan Servicing, LLC and ZBS LAW, LLP Bradford E. Klein . ZBS LAW, LLP 30 Corporate Park, Suite 450 Irvine, CA 92606 Email: bklein@zbslaw.com ] declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June 24, 2020, at Los Angeles County, California. my Kim I PROOF OF SERVICE