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Form Cv001 - Case Management Conference Waiver Form - Superior Court Of California, County Of Stanislaus Page 2

Rule 3.740. Management of Collection Cases

(a) [Definition] “Collections case means an action for recovery of money owed in a sum stated to be certain

that is not more than $25,000, exclusive of interest and attorney fees, arising from a transaction in which

property, services or money was acquired on credit.

(b) [Civil Case Cover Sheet] If a case meets the definition in (a), a plaintiff must check the case type box on

the Civil Case Cover Sheet (form CM-010) and serve the Civil Case Cover Sheet (form CM-010) with

the initial complaint.

case is exempt from: (1) The time-for-service requirement of rule 3.110(b); and (2)The case management

rules that apply to all general civil case under rules 3.712-3.715 and 3.721-3.730 unless a defendant files

a responsive pleading.

(d) [Time for service] The complaint in a collections case must be served on all named defendants, and

proofs of service on those defendants must be filed, or the plaintiff must obtain an order for publication of

the summons, within 180 days after the filing of the complaint.

(e) [Effect of failure to serve within the required time] If proofs of service on all defendants are not filed or

the plaintiff has not obtained an order for publication of the summons within 180 days after the filing of the

complaint, the court may issue an order to show cause why reasonable monetary sanctions should not be

imposed. If proofs of service on all defendants are filed or an order for publication of the summons is filed

at least 10 court days before the order to show cause hearing, the court must continue the hearing to 360

days after the filing of the complaint.

(f) [Effect of failure to obtain default judgment within required time) If proofs of service of the complaint

are filed or service by publication is made and defendants do not file responsive pleadings, the plaintiff

must obtain a default judgment within 360 days after the filing of the complaint. If the plaintiff has not

obtained a default judgment by that time, the court must issue an order to show cause why reasonable

monetary sanctions should not be imposed. The order to show cause must be vacated if the plaintiff

obtains a default judgment at least 10 court days before the order to show cause hearing.

CV001

Rev 10/2014

Mandatory Form

Form Cv001 - Case Management Conference Waiver Form - Superior Court Of California, County Of Stanislaus Page 2