Civil Case Cover Sheet

Cal. Super. - 6th Dist.November 13, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/13/2020 9:06 AM Reviewed By: D Harris Case #20CV373452 Envelope: 5289058 20CV373452 CM-01 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addresx): FOR COURT USE ONLY JACK H. POGOSIAN, State Bar No.: 305741 /MANASI TAHILIANI, State Bar No.2 272821 / CHRISTINA ARNOLD, State Bar N0.: 297590 l HYO JIN JULIA JUNG, State Bar N0.: 3 16090/ MELINE GRIGORYAN, State Bar N0.: 321 133 / CAROLINA PINHEIRO, State Bar N0.: 259875/ NICHOL ALAN DE GUZMAN, State Bar N0.: 314989 MIDLAND CREDIT MANAGEMENT, INC. C " m ”’11 P Berk 31 756.5 350 CAMINo DE LA REINA, SUITE 100 . SAN DIEGO, CA 92108 TELEPHONE N0.: (877) 386-5333 ' FAX N0.: (858) 309-1 588 ATTORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 191 N. FIRST ST CITY AND ZIP CODE: SAN JOSE, CA 951 l3 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND CREDIT MANAGEMENT. INC. VS. ANH TRAN C|V|L CASE COVER SHEET Complex Case Designation CASE NUMBER: D Unlimited Case E Limited Case D COunter D Joinder (Amount demanded (Amount demanded Filed with first appearance by defendant JUDGE: exceeds $25,000) is $25,000 0r less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below must be completed (see instructions Oflage 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) EN. Rules Of COUI’t, rl-Iles 3-400-3.403) D Uninsured motorist (46) E Rule 3.740 collections (09) Antitruswrade regmatio” (03) Other PI/PD/WD (Personal lniury/Property D Other collections (09) D common“ defec‘ (‘0) DamageIWrongful Death) Tort D Insurance coverage (18) D Masstort (40)D Asbestos (04) D Othercomract (37) D Seourmes litigation (28)D Product liability (24) Real Property D Environmental/Toxicton (30)D Madica' ma'pracme (45) Eminent domain/lnverse condemnation (14) D INSUrance coverage Claims ariSing from "'13 D Other p|/pD/WD (23) Wrongful eviction (33) above listed provisionally complex case Non-PllPD/WD (Other) Tort D Other real propeny (26) types (41) Business ton/unfair business practice (07) Unlawful Detainer Enforcement 0f JIUdgmem D CW“ rights (08) D Commercial (31) - Enforcementolfufjgment (20)- D Defamation (13) D Residential (32) Miscellaneous CIVII ComplaintD Rico (27)D FraUd (16) D Drugs (38) D Othercomplaint (notspecified above)(42)D 'menecmal pmpeny (19) JUdiCia' Rewew Miscellaneous Civil PetitionD PFOTBSSiona' negligence (25) Asset “meim'e (05) D Parlnership and corporate governance (21)D Other non'PVPD/WD t0” (35) D Petition re: arbmation award (11) D Other petition (notspecified above) (43) Employment D Writof mandate (02) Wrongful termination (36) D Other judicial review (39)D Other employment (15) 2. This case Dis E is not complex under rule 3.400 of the California Rules of Court. lf 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 post judgment judicial supervision . Remedies sought (check all that apply). a. l monetary b. D non monetary; declaratory or injunctive relief c. D punitive . Number of causes of action (specify). ONE . This case is is not a class action suit. . lf there arr any known related cases, file and serve a notice of related case. (You may use form CM-O15.) Omaha.» ate: JAC H. PO g N/ MANASI TAHILIANI CHRISTINA ARNOLD/ HYO JIN JULlA JUNG IUD: MELINE GRIGORYAN CAROLINA PINHEIRO ’ g E g , NICHOL ALAN DE GUZMAN pom , p Berk 312 (TYPE 0R PRINTN’AM r3 n r 5b5 (SIGNATURE 0F PAR R ATTORNEY FOR PARTY) 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 Welfare and Institutions Code) (Cal. Rules of Court rule 3.220.) Failure to file may result m 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 panies 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 Adop‘ed tor Mandatory Use CIVII (‘ARF ROUFD CHEET Cal Rules nf rtmm ml“ a an a mm a ma a AM .. -M II Idininl fin; Innil nf nalifnrnin CM-010 INSTRUCTIONS 0N HOW T0 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 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 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 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 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, or, if the plaintiff has made n0 designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorisi (46) (lithe case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other Pl/PD/WD (Personal Injury] Property DamagelWrongful Death) Tort Asbestos (O4) Asbestos Propefiy 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 Pl/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional lnfliction 0f Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/WD Non-PllPD/WD (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 (non medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CASE TYPES AND EXAMPLES Contract Breach 0f Contract/Warranty (06) Breach of RentaI/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 Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally compiex) (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., quite title) (26) Writ of Possession of Real Propeny 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; othem/ise, report as Commercial 0r Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ 0f 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 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) Environmentalfl’oxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement 0f 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-comp/ex) Miscellaneous Civil Petition Pannership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petiiion for Relief from Late Claim Other Civil Petition CM-O‘IO (Rev. July 1, 2007] CIVIL CASE COVER SHEET Page 2 of 2