Civil Case Cover SheetCal. Super. - 6th Dist.September 4, 2018 UM4110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Slate Bar number, and address) FOR COURTUSE ONLY Ryan Vos 58224368 ; Lisa Herme 58283111 Christopher Mandarich 58220693 Stasia A. Rudiman 58315707 Maxwell R. Meyering 58316975 Christopher D. Mandarich SB 220693 MANDARICH LAW GROU P, LLP 420 N. Wabash Ave Suite 400. Chicago. IL 60611 TELEPHONE "0 877.285.4918 W No 818.888.1260 ATTORNEY FOR (Name).CACH, LLC SUPERIOR COURT OF CALIFORNIA. COUNTY OF SANTA CLARA STREET ADDRESS 191 N FIRST STREET. MAILING ADDRESS CITY mo ZIP cooe SAN JOSE CA 95113 BRANCH NAME DOWNTOWN COURTHOUSE CASE NAME: CACH, LLC v. Cesilio Longoria; and DOES 1-10 CIVIL CASE COVER SHEET Complex Cage Designation CASE NUMBER (:1 Unlimited I] Limited (Amount (Amount [:J Counter E Jolnder JUDGE demanded demanded is Filed with first appearance by defendant exceeds $25,000) 525.000 or less) (Cal. Rules of Court. rule 3.402) DEPT Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation ["1 Am (22) [:l Breach o, wmmwwanam (06) (Cal. Rules of Court rules 3.400-3.403) Uninsured motorist (46) [31 Rule 3.740 colectiens (09) C] Antitrust/Trade regulation (03) Other PIIPDIWD (Personal Injury/Property [:1 Other collections (09) [:l Construction defect (1o) Damage/Wrongful Death) Tori |:] Insurance coverage (18) E] Moss tort (40) Asbesws I04) [:1 Other contract (37) E] Securities litigation (26) Cl Product liability (24) Real Property E Environmental/Toxic tort (30) E] Medical malpractice (45) E] Eminent domainllnverse (:1 Insurance coverage claims arising from the C] Other Pl/PD/WD (23) condemnation (14) above Isted provisionally complex case Nen-PllPD/WD (Other) Tort l:l Wrmgful evid'O" I33) "”8 “1) C] Business tertlunfair business practice (07) [:1 Other "93' property (26) Enforcement of Judgment C] Civil rights (08) Uniowrui Detainer I: Enforcement ofiudement (20) E] Defamation (13) [:1 Commercial (31) Miscellaneous Civil Complaint [:l Fraud (16) [:1 Residential (32) [:1 RICO (27) l:] Intellectual property (19) El Drugs (38) C] Other complaint (not specified above) (42) [:1 Professional negligence (25) Mel-l Rom Miscellaneous Civil Potltlon D Other "°"‘P"PD’WD tort (35) '3 Asset forfeiture (06) [:1 Partnership and corporate governance (21) Employment [:1 Petition re: arbitration award (11) 1: Other petition (not specified above) (43) E] Wrongful termination (36) D Writ of mandate (02) C) Other employment (15) [3 Other judicial review (39) 2. This case E] is E] is not complex under rule 3.400 of the Califomia Rules of Court. If the case is complex. mark the factors requiring exceptional judicial management: a. [3 Large number of separately represented parties d. |:] Large number of witnesses b. E] Extensive motion practice raising difficult or novel e. [:1 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. C] Substantial amount of documentary evidence f. E] Substantial post judgment judicial supervision Remedies sought (check all that apply): all] monetary OE] nenmonetary; declaratory or injunctive relief 0. I: punitive Number of causes of action (specify): 2 This case [3 is [I] is not a class action suit. . If there are any known related cases. file and serve a notice of related case. (You m y use form CM-015.) Da‘e: Aug t 22, 2018 Ryan Vos; Lisa it me; Stasia A. Rudiman; Christine 5. Siduguen; Maxwell R. Meyering, Christopher D. ’ (WPME) “ S " P S A ’ NOTICE 0 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 reSUIt in sanctions. ° File this cover sheet in addition to any cover sheet required by local court rule. l o If this 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 proceeding. 0 Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes only. 1°” lg. . Form Adopted for Mandatory Use Cal Rules of Court. rules 2 30. 3.220. 3 400-3 403. 3 740, Judicial Council of California CIVIL CASE COVER SHEET Cal SmofJuda'al Admrruatntion, std 310 (EM-010 [Rev My 1. 2007) Electronically filed by Superior Court of CA, County of Santa Clara, on 9/4/2018 8:44 AM Reviewed By:A. Nakamoto Case #18CV334260 Env #1903251 18CV334260 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET “”1" 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. You 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 “collections 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 mle 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 will be 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 appropriate boxes in items 1 and 2. if a plaintiff designates a case as complex. the cover sheet must be served truth 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. 3 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 (Cal. Auto (22)-Personal lnjuryIProperty Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of RentaVLease Antitrust/Trade Regulation (03) Uninsured Motorist (46) ()7 the Contract (not unlawful derarner Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject )0 ContracWVarranty Breach-Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract! Insurance Coverage Claims Other PIIPDIWD (Personal Injury! Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of ContraCWVarranty case type llsted above) (41) Tort Collections (e.g.. money owed. open Enforcement of Judgment Asbestos (04) t900k accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County) Wrongful Death Case ‘ ‘ Confession of Judgment (non- pmdud Liability (not asbestos or Insurance Coverage (not prowsronally . domestic relations) toxic/enwmnmental) (24) COMP/9X) (18) . Sister State Judgment Medical Ma|pracfice (45) Auto Subrogatlon Administrative Agency Award Medical Malpractice- 0"” Coverage (not unpaid taxes) Physicians 8- Surgeons Other Conlrad (37) PGIWCOWWH 0! Entry 0' Other Professional Health Care Contractual Fraud Judgment 0" Unpald Taxes Malpractice Other Contract Dispute OtheEEnforcement of Judgment Other PIIPD/WD (23) Real Property “9 Premises Liability (e.g.. slip Eminent Domain/Inverse "WC““MOW CW" Complaint and fall) Condemnation (14) RICO (27) ~ . intentional Bodily Injury/PD/WD Wrongful Eviction (33) 01m;mpg-2T (not speafiea (e.g.. assault. vandalism) Other Real Property (e.g.. quiet title) (26) De61mm” Rene) Only Intentional ”"30"?" 0' Writ of Possession of Real Property I njunctive Relief Only (non- Emotlonal Distress Mortgage Foreclosure harassment) Negligent Infiiction of Emotional Distress Other PIIPDIWD Non-PIIPDIWD (Other) Tort Business TortIUnfair Business Practice (07) Civil Rights (eg . discrimination. Quiet Title Other Real Property (not eminent domain. landlord/tenant. or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/noncomp/ex) Miscellaneous Civil Petition _ Partnership and Corporate false arrest) (not crwi Drugs (38) (I! the case involves illegal Governance (21) harassment) (08) drugs, check this Item. otherwise. Other Petition (not specified Defamation (e.g.. slander. libel) report as Commerce! or Resrdentlal) above) (43) (13) Judicial Review Civil Harassment Fraud (16) Asset Forfeiture (05) workplace Violence Intellectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent Adult Professional Negligence (25) W of Mandate (02) Abuse Legal Malpractice Writ-Administrative Mandamus Election Contest Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change ("Of medical or 1698’) Case Matter Petition for Relief From Late E IOther Nton-Pl/PD/WD Tort (35) Writ-Other Limited Court Case Claim mp oymen R i ‘ ' ' ‘ Wrongful Termination (36) 0mg “.123??wa (39) Other CMI Petltlon Other Employment (15) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CM-010[Rev July 1. 2007) CIVIL CASE COVER SHEET PageZOfZ