`FOR COURT USE ONLY
`
` ‘
`
`SUPERIOR COURT OF CALIFORNIA
`COUNTY OF KERN
`BAKERSFIELD COURT
`
`1415 TRUXTUN AVENUE
`
`BAKERSFIELD CA 93301
`
`
`PLAINTIFF/PETITIONER:
`
`TD BANK USA, N .A.
`DEFENDANT/RESPONDENT:
`KIMBERLY R HEIM
`
`NOTICE OF ASSIGNMENT TO JUDGE FOR ALL PURPOSES AND
`
`
`
`
`
`
`
`FILED
`SUPERIOR COURT OF CALIFORNIA
`COUNTY OF KERN
`
`JUNE 27! 2019
`BY MW DEPUTY
`
`CASE NUMBER:
`
`BCL-l9-014682
`NOTICE OF ORDER TO SHOW CAUSE RE CRC RULE 3.110 AND
`NOTICE OF CASE MANAGEMENT CONFERENCE
`
`By order of the presiding judge, the above entitled case is assigned to the Honorable Linda S. Etienne for all purposes. It will
`be managed on the direct calendar program in Bakersfield Department 12 until its conclusion. Peremptory challenges, if any,
`must be made within the times set out in CCP §170.6. Please include the initials LSE after the case number on all future
`pleadings filed in this case.
`
`TO PLAINTIFF AND PLAINTIFF'S COUNSEL:
`
`You are ordered to appear on October 10, 2019 in Bakersfield Department 12 at 8:30 AM in the above entitled court to
`give any legal reason why sanctions shall not be imposed for failure to serve the complaint on all named defendants and file
`proof(s) of service with the court within sixty (60) days after the filing of the complaint pursuant to California Rules of
`Court, Rule 3.1 10. All appearances are mandatory, unless the court receives the required proof(s) of service five (5) court
`days prior to the hearing date, and then no appearance is necessary.
`
`TO EACH PARTY AND THEIR RESPECTIVE ATTORNEY(S) OF RECORD:
`This case is set for Case Management Conference, by the Honorable Linda S. Etienne on December 24, 2019
`
`at 8:30 A.M. in Bakersfield Department 12 of the above entitled court. Case management statements are to be filed at
`least fifteen 15 da s
`rior to the conference in accordance with California Rules of Court Rules 3.720 7 3.730. All
`
`parties shall comply with California Rules of Court, Rules 3.720 — 3.730.
`
`NOTICE TO PLAINTIFF’S COUNSEL
`
`IMPORTANT: You are required to serve this Notice of Assignment and Notice of Order to Show Cause Date and
`Notice of Case Management Conference Date with the Summons, Complaint [Local Rule 3.7(a)], Alternative
`Dispute Resolution (ADR) Information Packet, and ADR Stipulation and Order Form (California Rules of Court,
`Rule 3.221).
`
`NOTICE TO CROSS COMPLAINANT’S COUNSEL
`
`IMPORTANT: If you are bringing a cross complaint against new parties, you are, likewise, required to serve this
`Notice of Assignment pursuant to California Rules of Court, Rule 3.110 and Notice of Order to Show Cause date
`and Notice of Case Management Conference date on the new cross defendants.
`
`Date: June 27, 2019
`
`TAMARAH HARBER—PICKENS
`CLERK OF THE SUPERIOR COURT
`
`By:
`
`LEM JM
`
`Layton Johnson, Deputy Clerk
`
`Noticc of Assignmcnt/Noticc of Order to Show Cause Rc CRC 3.110/Noticc of Case Management Confcrcncc
`
`Page 1 of 4
`
`
`
`TD BANK USA, N.A. VS HEIM
`BCL—19—014682
`
`The Clerk of the Superior Court’s office has received a civil complaint from you for filing. Pursuant to the Trial Court
`Delay Reduction Act, your case has been assigned to the Honorable Linda S. Etienne as monitoring judge.
`
`Judge Linda S. Etienne has instituted a direct calendaring system for all cases assigned to him/her as the monitoring judge.
`
`All law and motion, case management and trial setting conferences, ex parte matters and trials will be scheduled before
`him/her in Bakersfield Department 12. This will involve all cases in which the clerk has assigned the initials LSE to the
`complaint at the time of filing. Counsel is expected to make the initials of the monitoring judge a part of the case number
`on all pleadings and papers.
`
`Judge Linda S. Etienne expects that all law and motion hearings to be heard by him/her be set within five (5) days of the
`earliest date that they may be heard, given mail notice of hearing. Law and motion matters must be reserved by going
`to the website address htt9:[[kerncourtlink.com for the Kern Courtlink Online Reservation System. The website is
`available at any time. You may calendar motions as scheduled below. Ex—parte matters reguire Ere-clearance.
`
`At the time of filing the complaint, plaintiffs counsel will be given a Notice of Case Management Conference which sets a
`conference approximately one hundred eighty (180) days after filing of the complaint. This notice must be served with the
`summons and complaint on all defendants. Defendants must serve the notice on all cross-defendants named. The notice must
`also be served on interveners and lien claimants.
`
`
`Telephonic appearances for case management conferences and law and motion hearings are available through Court Call.
`
`The toll free telephone number for Court Call is (888) 88-COURT. Proper procedures must be complied with under
`
`California Rules of Court, Rule 3.670. Arrangements to make appearances through Court Call must be made at least five (5)
`
`court days prior to the hearing date.
`
`Another judge will hear settlement conferences in cases assigned to Judge Linda S. Etienne. However, those cases that do
`not settle will be set for trial before him/her.
`
`To confirm any hearing on calendar, for general questions regarding cases assigned to Judge Linda S. Etienne or to pre-clear
`an ex-parte hearing, contact the Direct Calendaring Clerk at (661) 868-5470. To check on tentative rulings from Judge
`Clark, go to the court’s website address “http/www.kem.courts.ca.gov/”, after 4:00 pm, and click on tentative rulings. Judge
`Lampe does moffer tentative rulings.
`
`Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Noticc of Case Management Conference
`
`Page 2 of 4
`
`
`
`TD BANK USA, N.A. VS HEIM
`BCL-19-014682
`
`SUPERIOR COURT OF CALIFORNIA
`COUNTY OF KERN
`SPECIAL RULES RELATING TO CASE MANAGEMENT CONFERENCES
`
`
`At least fifteen (15) days prior to the case management conference, each party shall prepare, file and serve on each other party
`a case management conference report providing the Court with the following information:
`
`1. The “at-issue” status of the case including any new parties that may be contemplated;
`2. A brief statement of the type of case and the general facts or contentions;
`3. A description of the discovery done to date and that contemplated to be done;
`4. Estimated time for trial and whether a jury is demanded;
`5. Whether or not the case is entitled to priority in trial setting and if so, the legal authority thereof;
`6. An evaluation of the case for alternative dispute resolution, including arbitration (judicial or binding), mediation or
`private judge handling;
`7. If a person injury action, a description of the injuries sustained by each plaintiff and the elements of claimed damage;
`8. A statement of any settlement negotiations undertaken thus far;
`9. The name of the attorney primary responsible for the case on behalf of the party filing the report.
`
`More than one party may join in the filing of a single report.
`
`The case management conference shall be attended by the attorney primarily responsible for the case on behalf of each party
`or a member of his or her firm or counsel formally associated in the case. The attorney attending shall be thoroughly
`familiar with the case, and be able to engage in meaningful discussions with court and counsel, and to enter into agreements
`on behalf of his or her client on the following subjects:
`
`1. The “at-issue” status of the case including the dismissal of the unnamed doe defendants or cross-defendants by
`agreement of all parties;
`2. Discovery conducted and remaining to be done;
`3. Amenability of the case to alternative dispute resolution including, but no limited to, arbitration (judicial or binding),
`mediation, and private judge handling.
`4. Delineation of issues including stipulation of facts not in substantial controversy;
`5. Settlement prospects;
`6. Setting the matter for trial, pre-trial conferences, settlement conference or further case management conference;
`7. Any other matters relevant to the processing of the case to a final resolution.
`
`Any violation of these rules shall result in the imposition of substantial sanctions which may include monetary, issue,
`termination, or other appropriate sanctions.
`
`Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference
`
`Page 3 of 4
`
`
`
`CERTIFICATE OF POSTING
`
`TD BANK USA, N.A. VS HEIM
`BCL—19—014682
`
`The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
`in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
`the County of Kern, and not a party to the within action, that I served the Notice ofAssignmentflVotice of Order to Show
`Cause Re CRC 3.110flVotice of Case Management Conference attached hereto on all interested parties and any
`respective counsel of record in the Within action by posting true copies thereof,
`to the Superior Court of California,
`
`County of Kern, Non-Criminal Case Information Portal (https://0dyprodportal.kern.courts.ca.gov/portalprod).
`
`Date of Posting:
`
`June 27, 2019
`
`Place of Posting:
`
`Bakersfield, CA
`
`I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
`
`Date: June 27, 2019
`
`TAMARAH HARBER—PICKEN S
`CLERK OF THE SUPERIOR COURT
`
`By:
`
`Lazy-{mm JO‘l/mww
`
`Layton Johnson, Deputy Clerk
`
`Certificate of Posting - Notice of Assignment/N otiec of Order to Show Cause Re CRC 3.110/Noticc of Case Management Conference
`
`Page 4 of 4
`
`