Civil Case Cover Sheet

Cal. Super. - 6th Dist.August 20, 2019

Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/20/2019 10:34 AM Reviewed By: L Del Mundo Case #19CV353679 Envelope: 3283984 19CV353679 ‘ CM-O10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sta‘ .umber, and address): FOR COURT USE ONLY _John P. Kenosian, Bar #80261 LAW OFFICES OF KENOSIAN & MIELE, LLP 8581 SANTA MONICA BLVD., #17 . . LOS ANGELES, CA 90069 I TELEPHONENQ 323-297-2100 FAXNO‘: 310-289-5177 ATTORNEYFQRWim-e); PMGI FINANCIAL, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N . FIRST ST MAILING ADDRESS: 191 N. FIRST ST CITYAND ZIP CODE: SAN JOSE, CA 95113 BRANCH NAME: SAN JOSE LIMITED CIVIL CASE NAME: PMGI FINANCIAL, LLC v . ALAN S TANAQUIN, et 2 1 fl _ _ CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:E Unlimited Limited E Counter E Joinder (Amount (Amount Filed with first appearance by defendant JUDGEdemanded demanded is exceeds $25000) $25,000 0r lesé) (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 LitigationE Auto (22) D Breach of contract/warranty (06) (Cal- Ru'es 0f court, ru'es 3-400'3-403)E Uninsured motorist (46) Ru|e 3740 conecuons (09) D Antitrust/Trade regulation (03) Other Pl/PD/WD (Personal InjurylProperty E Other Collections (09) D Construction defect (10) Damage/Wrongful Death) Tort E: Insurance coverage (1 8) E Mass ton (4o)E Asbestos (04) D Other contract (37) D Securities litigation (28)D Product liability (24) Real Property E Environmental/Toxic tort (30)E Medical malpractice (45) ‘ _ D Insurance coverage claims arising from theD Other pl/pDNVD (23) E Em‘nem doma'mlnverse above listed provisionally complex casecondemnatlon (14) types (41) Non-Pl/PDNVD (Other) Tort E Wrongful eviction (33)E Business torflunfair business practice (07) E Other real property (26) Enforcement of JudgmentEj Civil rights (08) Unlawfu' Detainer E Enforcementofjudgment(20)E Defamation (13) E Commercial (31) Miscellaneous Civil ComplaintE Fraud (15) D Residential (32) E R'CO (27)E Intellectual property (19) D Drugs (35) Cl Other complaint (not specified above) (42)E Professional negligence (25) Judicial Review Miscellaneous Civil Petition E1 Other non-PI/PDNVD tort (35) D Asset fofieiture (05) E Partnership and corporate governance (21) Empbymem E Petition re: arbitration award (11) E Other PetitiOn ("0t sPeCifled above} (43)E Wrongful termination (36) D Writ 0f mandate (02)D Other employment (15) D Other judicial review (39) 2. This case E is E] is not complex under rule 3.400 ofthe California Rules of Court. lfthe case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d‘ :1 Large number 0f witnesses b. E Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one ormore courts issues that Wi” be time-Consuming t0 reSOWB in other counties, states, or countries. or in a federal court c. E SUbStantia' amount“ documentary SVidence f. E Substantial postjudgmentjudicial supervision 3- Remedies sought (CheCk allthat app,” a. E] monetary b.E nonmonetary; declaratory or injunctive relief c. E punitive /- 4. Number of causes of action (specify): TWO: BREACH OF CONTRACT/COMMON CKOUNTS 5. This case E is E] 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 C -015). D'ate; July 31, 2019 John P. Kenosian, Bar #80261 } , (TYPE 0R PRINT NAME) (SIGNATURE QF'PART'Y 0R ATTORNEY FOR PARTY) NOTICE O Plaintiff must file this cover sheet with the first paper filed i_n the action or roceeding (except small claims cases or cases filed pnder t?e Probate Code, Family Code, or Welfare and Institutnons Code). FCaI. Rules of Court, rule 3.220.) Failure to file may resuit In sanc Ions. o Filelthis cover sheet in addition to ané cover sheet required by local court rule. o If thus case Is complex under rule 3.4 O et seq. ofthe California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. O Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes gnlyfina9 Forr‘n‘Adomed for Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Coun‘ rules 2.30, 3.220, 3400-3403 3.740. Judwcwal CounCIl of Cahfornla Cal. Standards of Judmal Administration. std. 3,1C CM-O1O [RevA July 1, 2007] INSTRUCTION“: How To COMPLETE THE COVER 3+.T 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 fiIed. You must complete itemsj 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 covet 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 Rufle 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) ton 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 will be subjeci 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 Sheetto designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules 0f 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| lnjury/Property Damage/Wrongful Death Uninsured Motorist (46) (ifthe case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other PI/PDNVD (Personal Injury/ Property DamageIWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (notasbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PDNVD Non-PIIPDIWD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (e.g., discrimination, false arrest) (notcivil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM»010 [Rev. July, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract not unlawful detainer or wrong uI 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 (not provisionally 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., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; othe/wise, 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 AppeaI-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentaI/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession ofJudgment (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 Case (non-tort/non-comp/ex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Page 2 of 2