Civil Case Cover Sheet

Cal. Super. - 6th Dist.August 19, 2019

Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/19/2019 10:12 PM Reviewed By: L Del Mundo Case #19CV353659 Envelope: 3282204 19CV353659 CM-010 ATrORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address): FOR COURT USE ONL Y LAW OFFICES 0F PATENAUDE & FELIX, A.P.C. Raymond A. Patenaude (#128855)/ Michael D. Kahn (#236898) {Smphanie J. Boone (#160182) Todd C. Simonson (#224346) lAdam Michael Rivera {#32-1236)/ Rngia Hang Hoar (#212152) 4545 Murphy Canyon Road. 3rd Floor, San Diego, CA 92123 TELEPHONE N0; 858-244-7675 FAX No.: (858) 836-0318 ATTORNEY FOR (Name): PLAINTIFF SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N0. FIRST STREET MAILING ADDRESS; 191 No. FIRST STREET CITY AND ZIP CODE: SAN JOSE CA 95113 BRANCH NAME: SANTA CLARA CIVIL DIVISION CASE NAME: TD BANK USA, N.A. VS. VIDAL VALDEZATONDO, CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: D Unlimited E Limited D Counter D Joinde, (Amount (Amount I _ JUDGE: demanded demanded is Filed WIth first appearance by defendant DEPT, 3 (Cal. Rules of Court, rule 3.402) ' Items 1-5 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 j Auto (22) D Breach of contract/warranty (06) Cal. Rules of Court. rules 3.400-3-403) j Uninsured motorist (46) g Rul 3.740 collections (09) AntitrUSt/Trade TegUIatlon (03) Other PIIPDIWD (Personal InjuryIProperty Other collections (09) conStrUCt'on defeCt (1 o) O_amaflammnflm' Death) Tort Insurance coverage (18) Mass tort (4°) _ Asbestos (04) Other contract (37) Securities litigation (28) = Product liability (24) Real Pro en Environmental/Toxic tort (30) = Medical malpractice (45) D Eminpentzomain/lnverse Insuranoe-coveragg qlaims arising from the _ Other pllPDIWD (23) condemnation (14) above l4lited prowsuonally complex case N_on-PI/PD/wn (Other) Ton wrongful eviction (33') type“ ) Business tort/unfair business practice (O7) Other real property-(ZB) Enforcement °f Jqument H . . . Enforcement of Judgment (20) = CIVII nghts (08) Unlawful Detainer . . . . = Defamation (13) D Commercial (31) M'scgnggeé‘: cw" comp'a'm Fraud 16 Residential 32 B . . .- lntelleétugl propefly (19) E Drugs (38) ( ) Other complaint (not specmed above) (42) ; PrOfeSSional negligence (25) JUdiCial ReView Mlsclglalrat::ros:ispcalr‘1,(lil (3:22;; governance (21) --“ Other non'Pl/PD/WD tort (35) Asset fo'feiture (05) a Other petition (not specified above) (43) E_mploymant Petition re: arbitration award (1 1) _ Wrongful termination (36) Writ of mandate (02) h. Other employment (15) Other iudidal review (39} 2. This caseD ls E 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. Extensive motion practice raising difficult or 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. D Substantial amountof documentary evidence f. D Substantial post-judgmentjudicial supervision Remedies sought(check all thatapp/y): a. E monetary b. D non-monetary; declaratory orinjunctive relief c. D punitive Number of causes of action (specify): ONE This case D is .is not a class action suit. . If there are any known related cases. file and serve a notice of related case. (You may use form CM-015.) Date: June 05, 2019 [ ] RAYMOND A.PATENAUDE [ ] MICHAEL D. KAHN [ ] STEPHANIE}. BOONE fl TODD c. SIMONSON [ ] ADAM MICHAEL RIVERA [ ] ANGIE HONG HOAR om M» p HYPE OR PRINT NAME] [SIGNATURE 0F HARTY'OR ATTORNEY FOR PARTY] 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. - 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 thé action or proceeding. - Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. 9 of! Form Adopled for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220. 3.400-3.403, 3.740; Judicial Cnunnil nf California CIVIL CASE COVER SHEET Standards ofJudicial Administration, s‘d. 3.10 CM-O10 [Rev. July 1, 2007] www uuwlinluyayuv CA__01 EFile Civil Case Cover P&F File N0. 19-32856 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 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 CM! 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 {hat best indicates the primary cause of action. To assist you completing the sheet, examples of the cases that belong under each case type in item 1 are provided betow. A cover sheet must be filed only with your inifial paper. You do not need to submit a cover sheet with amended papers. Failure Io file a cover sheet with the first paper filed in a civii 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 Collection Cases. A "collection 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 parsonal property. or (5) a prejudgrnent writ of attachment. The identification of a case as rule 3.740 coileciions case on this form means that It will be exempt form 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 10 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 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 plaintiff's 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. Auto Tort Auto (22)-Persona| Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (If the case involves an uninsured motorist claim subject (o arbitration, check (his item instead ofAuto) Other PIIPDNVD (Personal Injury] Property DamageIWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault. vandalism) Intentional Infliction of Emotional Distress Negligent Infiiction of Emotional Distress Other Pl/PDNVD Non-PIIPDMID (Other) Tort Business Tort/Unfair Business Practice Civil Rights (e.g., discrimination. false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical or legal) Other Non-PI/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-010 [Rev. January 1, 2007] CA_01 EFile Civil Case Cover CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (notprovis/onally complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quite tifle) (26) Writ of Possession of Real Property Mortgage Foreclosure Quite Title Other Real Property (not eminent domain, Iandlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; othem/ise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET P&F File No. 19-32856 Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment ( Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Cenification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42} Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Page 2 of 2