Civil Case Cover Sheet

Cal. Super. - 6th Dist.November 5, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/5/2020 1:43 PM Reviewed By: D Harris Case #20CV373111 Envelope: 5247152 20CV373111 CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY JACK H. POGOSIAN. State Bar N0.: 305741 /MANASI TAHILIANI. Stale Bar N0.: 272821 / CHRISTINA ARNOLD Stale Bar N0.' 297590 / HYO JIN JULIA JUNG, State Bar N0. ' 316090/ MELINE GRIGORYAN. State Bar N0: 32] 133 / CAROLINA PINHEIRO Slate Bar N0. 259875/ NICHOL ALAN DE GUZMAN. slate Bar N0.: 314989 Cam ryn P Berk 31 7565 MIDLAND CREDIT MANAGEMENT, INC 350 CAMINO DE LA REINA. SUITE 100 SAN DIEGO. CA 92 |08 TELEPHONE No (877) 386-5383 FAX N0; (858) 309-1 588 ATTORNEY FOR (Name); MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 191 N. FIRST 5T CITY AND ZIP CODE: SAN JOSE. CA 951 13 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME‘ MIDLAND CREDIT MANAGEMENT. INC VS. JULIE WALDRON CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: D Unlimited Case g Limited Case D Counter D Joinder (Amount demanded (Amount demanded Filed with first appearance by defendant JUDGE exceeds $25,000) is $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below must be completed (see instructions 0n page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation D Auto (22) D Breach of contract/warranty (06) Eal- RUIES Of Court, l‘UleS 3-400-3-403) D Uninsured motorlst (46) E Rule 3740 collections (09) Am'tmsm-rade regmat'on (03) Other PI/PD/wo (Personal Injury/Property D omercouecnons (09) D Construction defed <10) Damage/Wrongful Death) Tort D Insurance coverage (18) D Mass tort (40)D Asbestos (04) D Othercomrw (37) D Securities litigation (2s)D PFOdUCt I'ablmy (24) Real Property D EnvironmentaI/Toxic ton (30)D Madica' malpracme (45) Emment domain/lnverse condemnanon (14) D lnSUfanCe COVeraQe C'a'mS ariSing from the D Other PI/PD/WD (23) Wrongful eviction (33) above listed provisionally complex case Non-PI/PD/WD (Other) Tort D omer real property (26) types (41)Enforcement of Judgment Business tort/unfair business ractlce O7 - D C W m (08) p ( ) fllawml Detamer Enforcement ofjudgment (20) NI ri s ‘ | 1 . . . .g . commem'a (3 ) Miscellaneous CIVII ComplaintD Detamanon (13) D Reeldentla‘ (32) D RICO (27)D FraUd (16) D Dmgs (38) D Other complaint (notspecified above) (42)D 'mellecma' pmpeny (19) JUd'c'a' Rev'ew Miscellaneous Civil Petition D meeSS'Ona' ”99"gence (25) D Asset forfe'ture (05) D Partnership and corporate governance (21) D Other ”on'PI/PD/WD t0" (35) D Petition re arbmat'on award (1 1) D Other petition (notspecified above) (43) Employment D Writ of mandate (02) Wrongful terminatlon (36) D Other Judicial review (39) D Otheremployment (15) 2- This case is 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 amount of documentary evidence f. D Substantial postjudgment judicial supervision 3. Remedies sought {check allthatapply) a E monetary b. D non monetary; declaratory orinjunctive relief c. D punitive 4. Number ofcauses ofaction (specify) ONE 5. This case D 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 CM-015.) D CHRISTINA ARNOLD/ HYo JIN JULIA JUNG MELINE GRIGORYAN CAROLINA PINHEIRO NICHOL ALAN DE GUZMAN ca nryn P. Berk 31 7565b (TYPE OR PRINT NAME) EJAC H.Oggsxm/ MANASITAHILIANI (S|GN E OF PA OR ATTORNEY FOR PARTY) NOTICE Plaintiff must file this cover sheet with the first paper flied 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 8.220.) 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 the 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. Page 1 of 2 Form A_dopted for Manda‘ory Use CIVIL CASE COVER SHEET Cal Rules of Court, rules 2 30. 3 220. 3 4006.408, 3 740, Judwcwal CounCIl of California Cal. Standards ofJudICIal Administration. std 3 10 CM-010 [Rev July1, 2007] CA_0100G File N0: 20-]98985 CM-010 INSTRUCTIONS 0M HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are fiiing 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 Sheetcontained 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 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 civi! 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 ruie 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 Sheetto 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, 0r, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES ContractAuto Tort Provisionally Complex Civil Litigation (Cal. Auto (22)--Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) {/fthe case involves an uninsured motorist claim subject to arbitration, Check this item instead of Auto) Other PI/PD/WD (Personal Injury/ Property DamageNVrongful Death) Tort Asbestos (O4) 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 PI/PD/WD (23) Premises Liability (e.g., stip and fall) Intentional Bodily Injury/PDNVD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (elgq 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 0r legal) Other Non-PI/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (15) Breach of Contract/Warranty (06) Breach of RentaI/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty BreaCh-SeHer 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 (notprovisiona/ly complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse Condemnation (14) Wrongful Eviction (33) Other Real Propeny (e.g., qwte title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quite 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; otherwise, repon‘ 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 Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) Environmentalffoxic 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- domest/C relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification 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-tO/T/non-comp/ex) Other Civil Complaint (non-torflnon-comp/ex) 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 CM-mo [Rev. July 1,2007] CAiOIOOG File N0.: 20-198985 CIVIL CASE COVER SHEET Page 2 of 2