Civil Case Cover Sheet

Cal. Super. - 6th Dist.November 12, 2020

CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Robert Scott Kennard, SBN 117017 John Gordon, SBN 180053 Nelson & Kennard File No. 20-11916-0 ' ' 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 EleCtroanally Flled P.O. Box 13807, Sacramento, CA 95853 by superlor court Of CA, TELEPHONENO: (916) 920-2295 FAXNO: (916) 920-0682 ATTORNEYFORflVume): CAVALRY SPV I, LLC as assignee of Citibank, N.A. COI’Enty Of santa Clara’ SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA on 11/1 2/2020 10:38 AM STREETADDRESSK 191 N- F%rst Street Reviewed By: L. Quach-MarcellanaMAILINGADDRESS‘ 191 N. First Street CITYANDZIPCODE: San Jose, CA 95113 case #20CV373297 BRANCHNAME= LIMITED CIVIL CASE Envelope: 5281786 CASENAME; CAVALRY SPV I, LLC as assignee of Citibank, N.A. v. ALQUE F BAYBAYAN, et al. ' ' CASE MBER22CIVIL CASE COVER SHEET _ I Complex Case Des1gnaf10n 2 CV373297 [ ] Unlimited [ X ] LImIted [ ] Counter [ ] Jomder (Amount demanded exceeds (Amount demanded Filed with first appearance by defendant JUDGE: $25,000) is $25,000 or less) (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 Litigation [ ] Auto (22) [ ] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400 - 3.403) [ ] Uninsured motorist (46) [X] Rule 3.740 collections (09) [ ]Antitrust/Trade regulation (03) Other PllPD/WD (Personal lnjurylProperty [ ] Other collections (09) [ ] Construction defect (10) DamageIWrongful Death) Tort [ ] Insurance coverage (18) [ ] Mass tort (40) [ ]Asbestos (O4) [ ]Othercontract(37) [ ]Securities litigation (28) [ ] Product liability (24) Real Property [ ] Environmental/Toxictort (30) [ ] Medical malpractice (45) [ ] Eminent domain/inverse [ ] Insurance coverage claims arising from the [ ] Other PI/PD/WD (23) condemnation (14) above Non-Pl/PDIWD (Other) Tort [ ]Wrongful eviction (33) listed provisionally complex case types (41) [ ] Business tort/unfair business practice (07) [ ] Other real property (26) Enforcement of Judgment [ ] Civil rights (08) Unlawful Detainer [ ] Enforcement ofjudgment (20) [ ] Defamation (13) [ ]Commercial (31) Miscellaneous Civil Complaint [ ] Fraud (16) [ ] Residential (32) [ ] RICO (27) [ ] Intellectual property (19) [ ] Drugs (38) [ ] Other complaint (not specified above) (42) [ ] Professional negligence (25) Judicial Review Miscellaneous Civil Petition [ ] Other n0n-Pl/PD/WD tort (35) [ ] Asset forfeiture (05) [ ] Partnership and corporate governance (21) Employment [ ] Petition re: arbitration award (1 1) [ ] Other petition (not specified above) (43) [ ] Wrongful termination (36) [ ]Writ of mandate (02) [ ] Other employment (15) [ ] Otherjudicial review (39) 2. This case [ ] is [X] 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. [ ]Substantial amountof documentary evidence f. [ ]Substantial post-dispositionjudicial supervision 3. Remedies sought (check all that apply): a. [X] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ] punitive 4. Number of causes of action (specify): TWO 5. This case [ ] is [X] is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may se form CM-015.) Date: October 23, 2020 Robert Scott Kennard ’ (TYPE 0R PRINT NAME) (SIGNATURE (IF PARTY 0R ATXORNEY FOR PARTY) NOTICE o 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, orWelfare 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 local court rule. u 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. o 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 of2 Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3.400 - 3.403, 3.740; Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std 3.10 CM-01 0 [Rev. July 1, 2007] www.caurtinfo.ca.gov CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 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 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 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. You do not need to submit a cover sheet with amended papers. 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 recover 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 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 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 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 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the com plaint 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. CASE TYPES AND EXAMPLES Auto Tort Auto (22) - Personal Injury/Property DamageNVrongful Death Uninsured Motorist (46) (ifthe Case involves an uninsured Motorist claim subject to Arbitration, check this item Instead ofAuto) Other PIIPDIWD (Personal lnjuryl Property DamageIWrongful 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 P/PDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDNVD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other P/PDNVD Non-PIIPDNVD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., 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 (not medical or legal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of ContractNVarranty 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/lnverse 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) (f 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 Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400 - 3.403) Antitrust/Trade Regulation (03) Construction Defect (1 0) 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 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-complex) 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 EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition CM-o1o [Rev. July 1, 2007] CIVIL CASE COVER SHEET Page 2 of 2