Civil Case Cover Sheet

Cal. Super. - 6th Dist.June 1, 2018

ATTORNEY OR PARTY WITHOUTATTORNEY (Name Slate Baf numa n and addmssl Ltna M Michael, Esq. SBN: 237342; Bnan P. Mcourk, Esq., SBN (2500911 MICHAELIL ASSOCIATES, Pc 555 Sl. Charles Dnve, Suite 204 Thousand Oaks, CA 91360 YELEPHoNE No.. (805) 379-8505 Fnx No (805) 379-8525 ATTORNEY FOR /Name) AmenCan EXpreSS NatiOnal Bank f/k/a AmeriCan EXpreSS CentunOn Bank SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREETADDRESS. 701 OCEAN STREET, ROOM 110 MAILING ADDRESS'lTY ANo ZIP coDE SANTA CRUZ CA 95060 BRANCH NAME SANTA CRUZ MAIN COURTHOUSE CASE NAME; AMEXv. Rempfer, et al. CIVILCASE COVER SHEET Complex Case Designation Unlimited ~fr Limited C] Counter H Joinder demanded demanded is Filed with first appearance by defendant JUDGE exceeds $25,000) $25,000 orless) (Cal. Rules of Court, rule 3.402) DEPT Items 1-6 be/ow must be completed (sea instructions on page 2). 1. Check one box below for the case type that best describes this case: FOR COURT USE ONLY CM-010 Auto Tort C3 Auto (22) Uninsured motorist (46) Other PI/PD/WD (Personal Injury/Property Damageh/Yrongful Death) Tort Asbestos (04) Product liability (24) C3 Med Ical malpractice (45) Other Pl/PD/WD (23) Non-Pl/PD/WD (Other) Tort Business tort/unfair bustness pracbce (07) Civil nghts (08) Defamation (13) Fraud (16) Intellectual property (19) Professional negligence (25) Other non-Pl/PO/WD tort (35) Employment wrongful termt nation (36) Other employment (15) rect Breach of contract/warranty (06) Rule 3.740 collections (09) Other collect tons (09) insurance coverage (18) Other contract (37) Real Property Eminent domain/Inverse condemnatton (14) Wrongful eviction (33) Other real property (26) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) Judicial Review Asset forfetture (05) Petitton re: arbitration award (11) Writ of mandate (02) Other iudioal review (39) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) C3 Antitrust/Trade regulation (03) Construct ton defect (10) Mass tort (40) Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provtstonally complex case types (41) Enforcement of Judgment M Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) C] Other complaint (net Speaifted above/ (42) Misceganeaus Civil Petition Cl Partnershtp and corporate governance (21)~ Other petition (not specified abave) (43) NOTICE ~ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. ~ File this cover sheet in addition to any cover sheet required by local court rule. ~ Ifthis case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceedtng. ~ Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onlv. Page 1 of 2 CIVILCASE COVER SHEET Cal. Rates of Court, rule 2 30, 3 220, 3.400-3 403, 3.740,Cal Standards of Judtaat Adm n slmho, std 3 10 Fomt Adopted for Mandatory Use Jud aal Counal of Caltfomta CM410 IRe . July I, 2007) www covntnn ce.gov 2. This case LJ is LvJ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. ~ Large number of separately represented parties d. Large number of witnesses b. M Extensive motion practice raising diflicultor novel e. Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision 3. Remedies sought (check all that app/y): a.~fv monetary b. nonmonetary; declaratory or injunctive relief c. ~punitive 4. Number of causes of action (spec/fy)/ Two (2) 5. This case Cj is < is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (you may use form CM-015.) Date: May 30, 2018 Brian P. McGurk, Esq. (TYPE OR PRINT NAME) ISIGNATURE OF PARTY OR ATTORNEY FOR PARTYI ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 6/1/2018 10:51 AM Alex Calvo, Clerk By: Helena Mendez, Deputy 18CV01554 Page 2 of 2 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. Yau must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A ecofiections case" under rule 3.740 is defined as 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's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case willbe subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropnate boxes in items 1 and 2. If a plaintiffdesignates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Csl. Auto (22)-Personal in/ury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.408-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (//the Contract (not unlawful detainer Construction Defect (10) cess /nvo/ves an uninsured or wrongful evic/ion) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach-Seller Sscurgies Litigation (28) arbitration, check this //em Plaintiff (noi fraud or nsg/igsnce) Environmental/Toxic Tort (30) instead o/Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other pl/pD/WD (personal Injury/ Warranty (snsrng from prawstonsiiy complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcement af Judgment (20) Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissoty Note/Collections County) Case Confession of Judgment (non- Insurance Coverage (not provisionally domestic relations) lox/c/environmen/s/) (24) comp/ex) (1 8) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice- Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Ceriificstion of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other PI/PD/WD (23) Real Property premises Ltabg/ty (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint snd fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Camplsint (nai specified (e.g., assault, vandalism) Other Real Properly (e.g., quiet title) (26) shove) (42) Intentional Intliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Negligent Infliction of Emotional Distress Other Real Property (not eminent Mechamcs Lien Other Pl/PD/WD domain, /snd/ard//enact, or Other Commeroal Complaint Non-Pl/PD/WD (Other) Tort foreclosure) Business Tort/Unfair Business Unlawful Detainer Practice (07) Commercial (31) Civil Rights (e.g., discrimination, Residential (32) false arrest) (noi civil Drugs (38) (i/the case inva/ves illegal harassment) (08) drugs, check this item; otherwise, Other Petition (noi speufiedDefamation (e.g., slander, libel) report as Commercial or Residential) above) (43)(13) Judicial Review Civil HarassmentFraud (16) Asset Forfeiture (05) Intellectual Property (19) Petition Rs: Arbitration Award (11) Professional Negligence (25) Writ of Mandate (02) Legal Malpractice Writ-Administrative Mandamus Other Professional Malpractice Writ-Mandamus on Limited Court Petibon for Name Changefnoi medkcsi or /egs/) Case Matter Other Non-Pl/PD/WD Tort (35) Writ-Other Limited Court Case ClaimEmployment ReviewWrongful Termination (36) Other Judicial Review (39)Other Employment (15) Review of Health Officer Order Notice af Appeal -Labor Commissioner Appeals CIVILCASE COVER SHEET