Preview
CM-110
ATTORNEY OR PARTY WITHOUTRA
NTTO EY (Name. State Bar number. and address) FOR COURT USE ONLY
Kelsey Luu, Esq. (SBN : 315593)
McCarthy & Holthus, LLP
2763 Camino del Rio South, Suite 100
San Diego, CA 92108
ELECTRONICALLY FILED
TELEPHONE NO (619) 685-4800 FAX NO (Opt1onal)
(619) 685-4811 Superior Court of California
E·MAIL ADDRESS (Opt1onal)
kluu@mccarthyholthus.com County of Santa Barbara
ATTORNEY FOR (Name) Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9
Darrel E. Parker, Executive Officer
SUPERIOR COURT
SANTAOF CALIFORNIA, COUNTY OF BARBARA
STREET ADDRESS 1100 Anacapa Street 4/2/2021 1:27 PM
MAILINGADDRESS
. 1100 Anacapa Street By: Elizabeth Spann, Deputy
c1TYANDz1PcoDE Santa Barbara. 93101
BRANCHNAME Anacapa Division
PLAINTIFF/PETITIONER: U .S. Bank Trust, N.A. , as Trustee for LSF9
DEFENDANT/RESPONDENT: Jeffrey G. Gittler, et al.
CASE MANAGEMENT STATEMENT CASENUMBER.
19CV04263
(Check one): IT] UNLIMITED CASE D LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: April 6 , 2021 Time: 8:30 A.M . Dept. : 3 Div.: Room: 3
Address of court (if different from the address above):
[TI Notice of Intent to Appear by Telephone, by (name): Kelsey Luu , Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one) :
a. [TI This statement is submitted by party (name): PlaintiffU .S. Bank Trust, N.A. , as T rustee for LSF9 Master Participation Trust
b. CJ T his 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): August 13, 2019
b. CJ The cross-complaint, if any, was filed on (date) :
3. Service (to be answered by plaintiffs and cross-complainants only)
a. CJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. CJ The following parties named in the complaint or cross-complaint
(1) CJ have not been served (specify names and explain why not):
(2) IT] have been served but have not appeared and have not been dismissed (specify names):
Jeffrey G . Gittler; Cam Gittler; Marshall A. Fox; Patricia A . Fox
(3) CJ have had a default entered against them (specify names):
c. CJ 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 IT] complaint CJ cross-complaint (Describe, including causes of action):
Complaint for Judicial Foreclosure; Declaratory; and Reformation of Instrument
Page 1 of5
Form Adopted for Mandatory Use Cal Rules of Court.
Judicial Council or California
CASE MANAGEMENT STATEMENT rules 3 720-3 730
CM-110 (Rev July 1, 2011] www courts ca.gov
CM-110
PLAINTIFF/PETITIONER: U.S. Bank Trust, N.A., as Trustee for LSF9 CASE NUMBER:
DEFENDANT/RESPONDENT: Jeffrey G. Gittler, et al. 19CV04263
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 seeks to judicially foreclose on its deed of trust securing the subject property (272 Gould Lane and 100 San Ysidro) and
reform the loan modification agreement based on the loan secured by said deed of trust. The loan modification did not include
the legal description for the 100 San Ysidro property. Defendants Marshall Fox and Patricia Fox are named in the complaint
because they are junior lienholders.
D (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 D a jury trial CK] 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. CK] 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
n ot, 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. m days (specify number) : 3 days
b. D hours (short causes) (specify) :
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial m by the attorney or party listed in the captionD by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
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 co mmunity programs in this case.
(1) For parties represented by counsel: Counsel m has D 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 has D has not reviewed the ADR information package identified in rule 3.221 .
b. Referral to judicial arbitration or civil action mediation (if available).
(1) D 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: U.S. Bank Trust, N.A. , as Trustee for LSF9 CASE NUMBER
DEFENDANT/RESPONDENT: Jeffrey G. Gittler, et al. 19CV04263
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):
D Mediation session not yet scheduled
D Mediation session scheduled for (date):
(1) Mediation D D Agreed to complete mediation by (date) :
D Mediation completed on (date) :
ffi Settlement conference not yet scheduled
D Settlement conference scheduled for(date) :
(2) Settlement
conference m D Agreed to complete settlement conference by (date):
D Settlement conference completed on (date):
D Neutral evaluation not yet scheduled
D Neutral evaluation scheduled for (date):
(3) Neutral evaluation D D Agreed to complete neutral evaluation by (date) :
D Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
(4) Nonbinding judicial D D Judicial arbitration scheduled for
(date):
arbitration D Agreed to complete judicial arbitration by(date) :
D Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private D D Private arbitration scheduled for(date):
arbitration D Agreed to complete private arbitration by (date) :
D Private arbitration completed on (date):
D ADR session not yet scheduled
D ADR session scheduled for (date) :
(6) Other (specify) : D D Agreed to complete ADR session by (date) :
D ADR completed on (date) :
CM -1 10 (Rev July 1, 2011) Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: U.S. Bank Trust, N.A., as Trustee for LSF9 CASE NUMBER:
DEFENDANT/RESPONDENT: Jeffrey G. Gittler, et al. 19CV04263
11 . Insurance
a. CJ Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: CJ Yes CJ No
c. CJ 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.
CJ Bankruptcy CJ Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. CJ There are companion , underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
CJ Additional cases are described in Attachment 13a.
b. CJ A motion to CJ consolidate D coordinate will be filed by (name party):
14. Bifurcation
CJ 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
[=:J 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. CJ 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 -11 0 IRev July 1. 20111 Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: U.S. Bank Trust, N.A., as Trustee for LSF9 CASE NUMBER.
DEFENDANT/RESPONDENT: Jeffrey G . Gittler, et al. 19CV04263
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
W The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The case is not yet at issue. Defendants Gittlers and Foxes were given extension to repsond to the Complaint. The loan
secured by the deed of trust is currently under a hold because of the COVID-19 foreclosure moratorium. the projected end
date is June 30, 2021.
19. Meet and confer
a. D 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. D 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): _o_ _ _ __
I am completely familiar with thi s 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: April 2, 2021
Kelsey Luu , Esq.
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM -1101Rev July 1. 201 11 Page 5 of 5
CASE MANAGEMENT STATEMENT
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CM-110 ATTORNEY OR PARTY WITHOUTRA NTTO EY (Name. State Bar number. and address) FOR COURT USE ONLY Kelsey Luu, Esq. (SBN : 315593) McCarthy & Holthus, LLP 2763 Camino del Rio South, Suite 100 San Diego, CA 92108 ELECTRONICALLY FILED TELEPHONE NO (619) 685-4800 FAX NO (Opt1onal) (619) 685-4811 Superior Court of California E·MAIL ADDRESS (Opt1onal) kluu@mccarthyholthus.com County of Santa Barbara ATTORNEY FOR (Name) Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Darrel E. Parker, Executive Officer SUPERIOR COURT SANTAOF CALIFORNIA, COUNTY OF BARBARA STREET ADDRESS 1100 Anacapa Street 4/2/2021 1:27 PM MAILINGADDRESS . 1100 Anacapa Street By: Elizabeth Spann, Deputy c1TYANDz1PcoDE Santa Barbara. 93101 BRANCHNAME Anacapa Division PLAINTIFF/PETITIONER: U .S. Bank Trust, N.A. , as Trustee for LSF9 DEFENDANT/RESPONDENT: Jeffrey G. Gittler, et al. CASE MANAGEMENT STATEMENT CASENUMBER. 19CV04263 (Check one): IT] UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 6 , 2021 Time: 8:30 A.M . Dept. : 3 Div.: Room: 3 Address of court (if different from the address above): [TI Notice of Intent to Appear by Telephone, by (name): Kelsey Luu , Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one) : a. [TI This statement is submitted by party (name): PlaintiffU .S. Bank Trust, N.A. , as T rustee for LSF9 Master Participation Trust b. CJ T his 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): August 13, 2019 b. CJ The cross-complaint, if any, was filed on (date) : 3. Service (to be answered by plaintiffs and cross-complainants only) a. CJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. CJ The following parties named in the complaint or cross-complaint (1) CJ have not been served (specify names and explain why not): (2) IT] have been served but have not appeared and have not been dismissed (specify names): Jeffrey G . Gittler; Cam Gittler; Marshall A. Fox; Patricia A . Fox (3) CJ have had a default entered against them (specify names): c. CJ 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 IT] complaint CJ cross-complaint (Describe, including causes of action): Complaint for Judicial Foreclosure; Declaratory; and Reformation of Instrument Page 1 of5 Form Adopted for Mandatory Use Cal Rules of Court. Judicial Council or California CASE MANAGEMENT STATEMENT rules 3 720-3 730 CM-110 (Rev July 1, 2011] www courts ca.gov CM-110 PLAINTIFF/PETITIONER: U.S. Bank Trust, N.A., as Trustee for LSF9 CASE NUMBER: DEFENDANT/RESPONDENT: Jeffrey G. Gittler, et al. 19CV04263 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 seeks to judicially foreclose on its deed of trust securing the subject property (272 Gould Lane and 100 San Ysidro) and reform the loan modification agreement based on the loan secured by said deed of trust. The loan modification did not include the legal description for the 100 San Ysidro property. Defendants Marshall Fox and Patricia Fox are named in the complaint because they are junior lienholders. D (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 D a jury trial CK] 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. CK] 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 n ot, 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. m days (specify number) : 3 days b. D hours (short causes) (specify) : 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m by the attorney or party listed in the captionD by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: 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 co mmunity programs in this case. (1) For parties represented by counsel: Counsel m has D 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 has D has not reviewed the ADR information package identified in rule 3.221 . b. Referral to judicial arbitration or civil action mediation (if available). (1) D 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: U.S. Bank Trust, N.A. , as Trustee for LSF9 CASE NUMBER DEFENDANT/RESPONDENT: Jeffrey G. Gittler, et al. 19CV04263 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): D Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation D D Agreed to complete mediation by (date) : D Mediation completed on (date) : ffi Settlement conference not yet scheduled D Settlement conference scheduled for(date) : (2) Settlement conference m D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation D D Agreed to complete neutral evaluation by (date) : D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by(date) : D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for(date): arbitration D Agreed to complete private arbitration by (date) : D Private arbitration completed on (date): D ADR session not yet scheduled D ADR session scheduled for (date) : (6) Other (specify) : D D Agreed to complete ADR session by (date) : D ADR completed on (date) : CM -1 10 (Rev July 1, 2011) Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: U.S. Bank Trust, N.A., as Trustee for LSF9 CASE NUMBER: DEFENDANT/RESPONDENT: Jeffrey G. Gittler, et al. 19CV04263 11 . Insurance a. CJ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: CJ Yes CJ No c. CJ 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. CJ Bankruptcy CJ Other (specify): Status: 13. Related cases, consolidation, and coordination a. CJ There are companion , underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: CJ Additional cases are described in Attachment 13a. b. CJ A motion to CJ consolidate D coordinate will be filed by (name party): 14. Bifurcation CJ 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 [=:J 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. CJ 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 -11 0 IRev July 1. 20111 Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: U.S. Bank Trust, N.A., as Trustee for LSF9 CASE NUMBER. DEFENDANT/RESPONDENT: Jeffrey G . Gittler, et al. 19CV04263 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 W The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The case is not yet at issue. Defendants Gittlers and Foxes were given extension to repsond to the Complaint. The loan secured by the deed of trust is currently under a hold because of the COVID-19 foreclosure moratorium. the projected end date is June 30, 2021. 19. Meet and confer a. D 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. D 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): _o_ _ _ __ I am completely familiar with thi s 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: April 2, 2021 Kelsey Luu , Esq. (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM -1101Rev July 1. 201 11 Page 5 of 5 CASE MANAGEMENT STATEMENT