Civil Case Cover Sheet

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

Ssn Jose CA 95113 Downtown Superior Cour( CASE NAME Department Stores National Bank v. MOHAMMAD AZAR rATTQRNEY oR pARTY wITHDUT ATTDRNEY (Nama, slate ear number, and addrasa/Hunt & Hennques, Attorneys at LawMichael S. Hunt ¹99804 I Janalie Hennques ¹1115891 Adam Kidd ¹328520 151 Bernal Road Suite 8, San Jose, CA 95119-1306 TELEPHONE NO (800) 680-2426 FAx No (408) 362-2299 ATTORNEY FOR (Namal Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDRESS 191 North First Street MAILING ADDFIESS CITY AND ZIP CODE SRANCH NAME FOR COURT USE ONL Y CM-010 CIVIL CASE COVER SHEET M Unlimited [K Limited (Amount (Amount demanded demanded is exceeds $25,000) $25,000 or less) Complex Case Designation Counter ~ Joinder Filed with tirst appearance by defendant (Cal. Rules of Court, rule 3 402) CASE NUIVISER JUDGE DEPT Items 1 -6 below must be completed (see instructions on pace 2). case type that best describes this case: Contract Provisional Breach of contracuwarranty (06) (Cal. Rules 1. Check one box below for the Auto Tort Auto (22) Uninsured Motonst (4S) Other Pl/PD/WD (Personal Inju Damage/Wrongful Death) Tort Asbestos (04) Product liabikty (24) Medical malpractice (45) ly Complex Civil Litigation of Court, rules 3L¹00-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Secunties litigation (28) Environmental/Toxic tort (30) Insurance coverage claims ansing from the e e) (42) (21) ) Rule 3 740 collections (09) Other collections (09) Insurance coverage (18) Other contract (37) Real Property Eminent domain/Inverse ry/Property d. ~ Large number of witnesses e. ~ Coordination and related actions pending in one or more courts in other counties, states, or countnes, or in a federal court f. ~ Substantial postjudgment judicial supervision b. ~ nonmonetary; declaratory or injunctive relief c ~punitive 6. If there are any known related cases, file and serve a notice of related case. (you may use form CM-015) Date: November 4, 2020 above listed provisionally complex cas types (41) Non-Pl/PD/WD (Other) Tort Enforcement of Judgment Business tort/unfair business practice (07) ~ ' p' "y ( Enforcement of )udgment (20) Civil rights (08) Unlawful Detainer lllliscellaneous Civil Complaint Defamation (13) Commercial (31) RICO (27) Fraud (16) Residential (32) Other complaint /no( specified abcv Intellectual property (1 9) Drugs (38) Miscellaneous Civil Petition Professional negligence (25) Judicial Review Partnership and corporate governance Other non-Pl/PD/WD tort (35) Asset forfeiture (05) Other petition (Dol specified above) (43 Employment Petition re. arbitration award (11) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other judicial review (39) 2. This case LJ is LXJ is not complex under rule 3.400 of the Cahfornia Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. ~ Large number of separately represented parties b. ~ Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c. ~ Substantial amount of documentary evidence 3. Remedies sought /check e// that apply): a. DQ monetary 4. Number of causes of action (spec(fy): 1 5. This case ~ is HEI is not a class action suit Adam Kidd ¹328520 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) Form Adopted Ic Ma da(un Usa Jude al Ccucdi of Cal Icrcia CM-040 IRav July I, 2007) NOTICE ~ Plaintiff must file this cover sheet with the first paper tiled 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 Dt Court, rule 3.220.) Failure to file may result in sanctions. 4 File this cover sheet in addition to any cover sheet required by local court rule. 4 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 coilections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. Pads I of 2 CIVIL CASE COVER SHEET Cal Rules of Court rules 2 30. 3 220, 3400-3403 3740Cal Slacdardsbi Jude al Admic airs(en sld 310 wrm ccudrcic ca gcv 1424719.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/5/2020 4:09 PM Reviewed By: M Vu Case #20CV373144 Envelope: 5249302 20CV373144 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filmg a first paper (for example, a complaint) in a civil case, you must complete and file, along with ycur first paper, the Civi/ 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 I, you must check one box for the case type that best descnbes the case. If the case fits both a general and 0 more specific type of case hated in item 1, check the more specific one. If the case has multiple causes of action, check tne box that best mdicates the primary cause of action. To assist you m completing the sheet, examples of the cases that belong under each case type in item 1 are prowded 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 sub)act a party, its counsel, or both to sanctions under rules 2.30 and 3 220 of the Cahfornia 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, arismg from a transaction in which property, serwces, 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 wnt 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-serwce requirements and case management rules, unless a defendant files a responsive pleading. A rule 3 740 collections case will be subiect to the requirements for serwce and obtaining a judgment in rule 3.740 To Parties in Complex Cases. fn complex cases only, parties must also us. the Civil Case Cover Sheet to designate whether the case is complex. ff a plaintiff believes the case is complex under rule 3.400 of the Califorma Rules of Court, this must be indicated by completing the appropnate 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 plamtiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-personal Intuiy/propeny Damage/Wrongful Death Uninsured Motonst (46) (i/the case inva/ves an uninsured moiorisr claim sub/eel lo arai/re/ion, check this item rnstead of Auto) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Properly Damage Asbestos Personal Iniury/ Wrongful Death Product Liabikty (nai asbestos or /oxic/environments/) (24) Medical Malpractice (45) Medical Malpractice- Physicians 8 Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily iniury/PD/WD (e.g., assault, vandaksm) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PDA/VD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e g., discnmination, false arrest) (noi civil harassmentj(08) Defamation (e g., slander, kbel) (13) Fraud (16) intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medica/ or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongfuf Termination (36) Other Employment (15) cu-010 lnev July 1, 2007} CASE TYPES AND EXAMPLES Contract Breach of Contract/Iil/arranty (06) Breach of Rentai/Lease Contract (nor unlawyul detainer or wrongful eviciianj Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negkgent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g, money owed, open book accounts) (09) Collection Case-Seller Plaintift Other Promissory Note/Collections Case Insurance Coverage (nat provisionally complex) (I 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) Wnt of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (nor eminent domain, land/ord//enanf, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (r/Ihe case involves 1//ega/ drugs, check this item; alhenvise, report as Commeraa/ or Residential) Judicial Review Asset Forfature (05) Petition Re'rbitration Award (11) Wnt of Mandate (02) Wnt-Administrative Mandamus Wnt-Mandamus on I imited Court Case Matter Wnt-Other Limited Court Case Review Other Judiaal Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rule 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims involving Mass Tort (40) Secunties Lrigation (28} Environmental/Toxic Tort (30) Insurance Coverage Claims (easing /rom provisions//y complex case type listed above) (41) Enforcement of Judgment Enforcement ot Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic re/a/icos) Sister State Judgment Administrative Agency Award (not unpaid /axesj Peution/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (nal speci/ied above) (42) Declaratory Rekef Only Iniunctive Rekef Only (nan- harassment) Mechanics Lien Other Commeraai Complaint Case (nan-fad/non-comp/ex) Other Civil Complaint (non-/art/non-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (noi specified above)(43) Cwg Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Page 2 oi 2 1424719.001