Civil Case Cover Sheet

Cal. Super. - 6th Dist.August 29, 2019

AT1'ORNEY OR PARTY WTIIIOUT ATTORNEY (name, state bar number, and address) Erin E. Patterson, SBN 262285 Nicholas J. Babilis, SBN 291676 Thomas J. Sebourn, SBN 279272 Jason W. Tang, SBN 314337 Patrick J. Layman, SBN 59643 Carina M. Jordan, SBN 302099 SU1'TELL 8'c HAMMER, APC P.O. Box C-90006 Bellevue, WA 98009 TELEPHONE NO. (425) 455-8220/ {888) 788-8355 FAX NO. (425) 453-3239 ATTORNFY FOR: Bank of America, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose CA 95113 BRANCI-I NAME: CASE NAME: Bank of America, N.A. v. Maila Soliano CM-010 FOR COURT USE ONLY CIVIL CASE COVER SIJLrET [ ] Unlimited (Amount demanded exceeds $25,000) [ X ] Limited (Amount demanded is $25,000 or less) Complex Case Designation [ ] Counter [ ] Joinder Filed with first appearance by Defendant (Cal. Rules of Court, rule 3.402) Items /-677777st be co777 leted /see instructions on a e 2) ASE iNUMBER: JUDGE: DEPT: 1. Check one box below for the case type that best describes this case: Auto Iort Contract [ ] Auto (22) [ ] Breach of Contract/Warranty (06) [ ] Uninsured Motorist (46) [ X ] Rule 3.740 Collections (09) Other PI/PD/WD (Peisonal Injuiy/Property [ ] Other Collections (09) DamagcAVrongful Death) Tort [ ] Insurance Coverage (18) [ ] Asbestos (04) [ ] Other contract (37) [ ] Product Liability (24) Real Property [ ] Medical Malpractices (45) [ ] Eminent domain/inverse [ ] Other PI/PDlWD (23) Condemnation (14) Non-PI/PD/WD (Other) Tort [ ] Wrongful eviction (33) [ ] Business Tort/ Unfair Business Practices (07) [ ] Other real property (26) [ ] Civil Rights (08) Unlasvful Detainer f ] Defamation (13) [ ] Commercial (31) [ ] Fraud (16) [ ] Residential (32) [ ] Intellectual Property (19) [ ] Drugs (38) [ ] Professional Negligence (25) Judicial Review [ ] Other non-PI/PD/WD Tort (35) [ ] Asset Forfeiture (05) Employment [ ] Petition re: Arbitration Award (11) [ ] Wrongful Termination (36) [ ] Writ of Mandate (02) [ ] Other Em loyment (15) [ ] Other Judicial Review Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) [ ] Antitrust/Trade Regulations (03) [ ] Construction Defect (10) [ ] Mass Tort (40) [ ] Securities Litigation (28) [ ] Environmental/Toxic Tort (30) [ ] Insurance Coverage Claims arising fiom the above listed provisionally complex case types (41) Enforcement of Judgment [ ] Enforcement of Judgment (20) Miscellaneous Civil Complaint [ ] RICO(47) [ ] Other Complaint (not specified above) (42) AIisccllancous Civil I'etition [ ] Partnership and corporate governance (21) [ ] Other petition (not specified above (43) d. [ ] Large number of witnesses c. [ ] Coordination and related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. [ ] Substantial post-disposition judicial disposition 2. This case [ ] is [ X ] is not complex under rule 3.400 of the California Rules of Court. If case is complex, mark the I'actors requiring exceplional judicial managetnent: a. [ ] Large number of separately represented parties b. [ ] Extensive motion practice raising dil'licult or novel issues that svill be time- consuming to resolve c. [ ] Substantial amount of documentary evidence 3. Remedies sought (check all that apply) a. [X] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ] punitive 4. Number of causes on action {specify): I 5. This case [ ] is [X] is nota class action suit. 6. If there are any known related cases, file and serve a notice of related cases. (You may use form CM-015) Dated: August 19, 2019 { ) Thomas J. Sebourn, S13N 279272 ( ) Nicholas J. Babilis, SBN 291676 ( ) Erin E. Patterson. SBN 262285 ( ))Zarina M. Jordan, SBN 302099 (@Patrick J. Layman, SBN 59643 ( ) Jason W. Tan~, SBN 314337 (TYPE OR PRINT NAME) (SIGN URE) 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 Well'are 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. ol'the Califortiia Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. Pa &e I of 2 Form Adopted for Mandatory Use Judicial Council of California CM-010 [Rev. July 1, 2007) CIVIL CASE COVER SHEET Cal. Ibiles of Court, rules 2.30, 3.220, 3.400-3 403, 3.740 Cal. Stiuidards of Judicial Administration, std. 3.10 Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/29/2019 8:39 AM Reviewed By: J. Duong Case #19CV353721 Envelope: 3326259 19CV353721 INSTRUCTIONS ON HOIV TO COMPLETE THE COVER SHEET CM-010To 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 you 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 I through 6 on the sheet. In item I, 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 I, 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 I 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 oxved 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: (I) 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 nile 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 usc the Civi! 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 I and 2. If a Plaintiff designates a case as complex, the cover sheet must be served xvith 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)-Personal Injury/Property Damage/Wrongful Death Vninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PI/PD/WD (Personal Injury/ Property DamageAVrongful 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 Case Malpractice Other PI/PD/WD (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 PI/PD/WD Non-PI/PDAVD (Other) Tort Business Tort/Unfair Business Practice {07) Civil Rights (e.g., discrimination, False arrest) (not civil I-Iarassment) (08) Defamation (c.g., slander, libel) (13) Fraud (16) Intel lectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Einployment (15) Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or xvrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty CASE'YPES AND EXAMPLES Other Breach of Contract/Warranty Collections (e.g., money owed, open Book accounts) {09) Collection Case-Seller Plaintiff'ther Promissory Note/Collections Case Insurance Coverage (not provisionally Complex) (18) 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) Unlaxvful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal Drugs, check this item; otherwise, Report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Reviexv (39) Review of I-lealth Officer Order Notice of Appeal-Labor Commissioner Appeals 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) 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/Certification of Entry of .Iudgment on Unpaid Taxes Other Enforcement of Judgment Case IVliscellaneous 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-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified Above) (43) Civil I-Iarassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition CM-010 [Rev. July l. 2007) CIVIL CASE COVER SHEET Page 2 of 2