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 10:08 AM Reviewed By: M Vu Case #20CV373118 Envelope: 5244335 20CV373118 Attorney or Party without Altomey (Name. state bar number. and address) State Case No. For court use o'nly STATE 0F CALIFORNIA WC-CM-765892 Department of Industrial ReIations . Labor Commissioner‘s Office 100 Paseo de San Antonio Room 120 San Jase, CA 95113 Tel. No, (408) 277-1266 Fax No. (408) 277-9643 ATTORNEY FOR (Name): SUPERIOR COU-RT 0F CALIFORNIA, COUNTY OFIS'anta Clara 191 North First Street San Jose. CA 95113 Superior Court of California. County of Santa Clara ' CASE NAME: Heriberto CaIvo Ortega V. Hector Javier’Flores-Napoles, an Individual ‘ CIVIL’CASE COVER SHEET Complex Case Designation CASE NUMBER: , U Unlimited E Limited D Counter D Joinder (Amount Demanded (Amoum Demanded Filed with first appea'rance by defendant (Cal. JUDGE: exceeds 825.000) is $25,000 or less) . 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 CivillLitigation D Auto (22) U Breach of contractlwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) U Uninsured motorist (46) U Rule 3.740 collections (09 D AniitrusUTrade regulation (03) Other PIIPDIWD (Persona! Injury! Property D Other collections (09) D Construction defect (1 0) Damage! Wrongful Death)Tort D Insurance coverage (1 8) D Mass tort (40) ! D Asbestos (04) D Other Contract (37) D Securities litigation (28) D Product liability (24) Real Property D EnvironmentallToxic Tort (30) D Medical Malpractice (45) D Eminent Domainfinverse D Insurance coverage claims arising from D Other PIIPDNVD (23) condemnation (14) the above listed provisionally complex Non PIIPDIWD (other) Tort D Wrongfu! eviction (33) das‘é types.(41) D Business tortlunfair business practice (07) D Other real property (26) Enflorcement of Judgment D Civil rights (08) Unlawful Detainer E Enforcement ofjudgment (20) U Defamation (1 3) D Commercial (31) Mishellaneous Civil Complaint D Fraud (1 6) U Residential (32) D RICO (27) D Intellectual property (1 9) Q Drugs (38) D Other complaint {nofspecified above).(42) D Professional negligence (25) Judicial Review Miscellaneous Civil Petition D Other non -PIIPDNVDI10I1 (35) ' U Asset forfeiture (05) D Partnership and corporate governance(21) Employment . U Petition re: arbitration award (11) D Other petition (not specified above) (43) D Wrongful lamination (36) D Writ of mandate (02) . D Other employment (15) U Other judicial review (39) 2. This case D'ls N 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. D Large number of separately represented parties d. D Large number ofwitnesses b. D Extensive motion practice raising difficult or novel issues e. D Coordination and }elated actions pending in one or more that will he time-cansuming to resolve coufls in other counties. states. or countries. or_ in federal court c. D Substantial amount of documentary evidence f. D Substantial post-jud‘gmentjudicial supervision 3. Type of remedies sought (check all that apply): E Monetary D nonmonetary; dec'lafatory of injunctive relief D punitive 4. Number of causes of action (special): One (1) 5 This case D Is E is nol a class action suit. 6 If there are any known related cases, file and serve a notice of related case. (You may use form W1 a ‘ bDate: September 14. 2020 Wilson Balanga H _ (TYPE OR PRINTm (SIGNATURE 0F pARTv 0R AfibRNEY FOR PARTY NOTICE o Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small c!aims cases or cases fi1ed under the Probate Code. Family Code. or Warfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. o File this cover sheet in addition to any cover sheet required by Iocal court rule. 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 panies to the action or proceeding I . . Unless this Is a collections case under rule 3.740 or a complex case this cover sheet will be used for s_tatistical purposes only. FORM ADOPTED FOR MANDATORY USE CIVIL CASE COVER SHEET cm. Rules o! Coun. rules 3.220. 34400-3403 JUDICIAL COUNCIL 0F CALIFORNIA Standards ouuaicial Administration 5 19 CM-mo (REV. JANUARY 1. 2007] wwmouninrosagov . CM-MO INSTRUCTIONS ON HOW T0_ COMPLETE THE COVER SHEET ' T.o Plaintiffs and Others Filing First Papers. 1f 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 wiII 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. lf lhe wse fits both a general and a more specific type of wse listed in item 1. check the more specific one. 1f the mse has multiple causes of action. check the box that best indiwtes [he 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 paperlfiled In a civil case may subject a party. h its counsel. or both to sanctions under rules 2.3E] 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 cenain that Is not more than $25.000. exclusive of interest and attorneys fees arising from a transaction 1n which property services. or money was acquired on credit. A collections case does not InCIUde an action seeking the foliowing: (1) tort damages. (2) punitive damages (3) recovery of real property. (4) recovery of personal property. or (5) a prejudgment writ of attachment The_ identifcation of a case as a rule 3.740 coIIeclions case on this form means that it will be exempt from the general time-for-serulce 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 abiaining a judgment In rule 3 740 To Parties in Complex Casas. ln complex cases only. parties must'also use the Civil Case Cover Sheet to designate whemer the case is complex. If a plaintiff beiieves the case is complex under rule 3.400 of the California Rules of Court. this must be indiwted by completing the appropriate boxes in items 1 and 2. 1f a plaintiff designates a mse as complex. the cover sheet must be served with the complaint on aIl parties to the action A defendant may file and serve no Iater than the time of its first appearance a joinder m the plaintiff's designation a counter-designafion that the case is not complex. or. if the plaintiff has made no designation, a designation that the case is complex. Auto Tort r Auto (22)-Personal lnjurylProperty DamagefWrcngful Death Uninsured Motorlst (46) (if me case Involves an uninsured motorist claim subje c! (o arbitration. check this item instead ofAufo) Other PUPDJWD (Personal Injury! Property DamagefWronglul Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal lnjury/ Wrongful Death Product Liability {notasbestos or , taxidenvimnmenfat) (24) Medical Malpracfice (45) Medial Malpractice- thsicians 8. Surgeons Other Professional Health Care Malpractice Olher PIIPDIWD (23) . Pramises Liability (9.9.. $le ‘ and fall) Intentional Bodily InjurylPDfWD (9.9.. assault. vandalism) Intentional tnflicflon of Emotiona! Dist'ress Negligent lnfliction of Emotional Distress Other PIIPDIWD Non-PUPDIWD (Other) Tort Bushes: TorUUnfair Business Practice (07) Civil Rights (8.9., discrimination. false arrest) (not civil harassment) (DB) Defamation (e.g.. slander. libet) (13) - Fraud (18) Intellectual Property (1 9) Professional Negligence (25) Legal Malpractloe Other Professio‘nal Malpractice (no! medical or legal) Other Non-PIIPDIWD Tort (35) Employment Wrongfu1Termination (36) Other Employment (15) CM-mo {Rm}. Jusy 1. 21:07] CASE TYPES AND EXAMPLES Conttact Breach of ContracUWarranty (06) Breach of RentalfLease V' Contract (not unlawful detalner or wrongfuf eviction) ContractrWarranty Breach-Sener Plaintiff (no! fraud or negligence} Negligent Breach of Contract! Warranty Other Breach of Canlract/Warranty Collecfions.(e.g.. money owed, open book accounts) (09) Collection Case-Seller Plaintiff Otheé Ptomlssory NoteICoHections ass Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Damainflnverse Condemnation (1,4) Wrongful Eviction {33) Other Real Property (6.9.. quiet title) (26) Writ of Possession of Real Propedy Mortgage Foreclosure Quiet Tille OtherReaI Pwperty (no! eminent domain landford/(enant, or foreclosure) Unlawful Detalner Commercial (31) Residential (32) ‘7 Drugs (38) (iflhe case involves mega! drugs, check (his item; otherwise, report asComm ercfel or Residential) Judicial Review Asset Forfeiture (05) . Petition Re: AIbitratlon Award-(11) Writ or Mandala (02) Wn't-Administralive Mandam us '. Writ-Mandamus on Limited Court Case Manet wm-Olhar Lim'rled Court Case Review Olher Judicial Rev ew (39) Review of Health Officer Order Notice oprpeal-Labor CommissionerAppeals CIVIL CASE COVER SHEET vaislonally CompIex Civil Litigation (Cal. Rules of Cami Rules 3.400-3 403) AntitrusUTrade Reguiation (03) Constmcfion Defect (1 0) Claims Involving Mass Ton (40) Securities Litigat'ron (28) Environmentaln’oxic Tort (30) ‘ Insurance Coverage Claims (arising from pmvislonafly complex case type listed above) (41) Enforcement ofJudgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment {non- domesflc relations) Sister'sme Judgment Administrative Agency Award (nor unpaid taxes) PefiflonJCenificafion of Entry of Judgment on Unpaid Taxes OtheéaEslgorcement of Judgment Miscellaneous Civil Complaint RICO (27) Other Complalnl (not spacified above) (42) DecIaralory Relief Onty Injuncliue Relief Only (non- harassment) Mechanics Lien Other Commercial CompIaint Case {non-torflnon-complex) Other Civi! Complaint (nomtorf/non-compfex) Misuellaneous Civil Petition ' Partnership and Corporate Governance (21) Olher Petition (not specified above) {43) anil Harassment Workplace Violence Eider/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Rellef From Late Claim Other Civil Petition PagaZon