Civil Case Cover Sheet

Cal. Super. - 6th Dist.November 23, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/23/2020 3:46 PM Reviewed By: D Harris Case #20CV373799 Envelope: 5350516 20CV373799 CM-010 ATTORNEY OR PARTY WITHOUT ATYORNEY (Name, Slate Bar numben and address): FOR COURT USE ONLY TODD B. ROTHBARD #67351“ 100 Saratoga Avenue, Suite 200 Santa Clara, CA 95051 TELEPHONE No: 408-244-4200 FAX No: 403.244-4267 ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTV 0F Santa mare STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE San Jose CA 951 13 BRANCH NAME. San Jose Judicial District CASE NAME: CANCELLIERI PROPERTY MANAGEMENT, LLC JAVAD MAHRANFAR, SAIED MAHRANFAR. AL! ASGHAR MAHRANFAR‘ all dEfendams individually and dcing business as ROSE INTERNATIONAL MARKET Does I throuqh V inclusive _ CASE NUMBER: CIVIL CASE COVER SHEET Complex Case Designation [X] Unlimited Z Limited [:3 [:3 _ (Amount (Amount ' counter Jomder JUDGE: demanded demanded is Filed with first appearance by defendant DEPT: exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) 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 E3 Auto (22) E: Breach of contract/warranty (06) (CaL RU'eS 0f Court: "Ules 3-400'3-403)E Uninsured motorist (46) C3 Rule 3,740 collections (09) :1 Antitrust/Trade regulation (03) OtherPl/PD/WD (Personal lnIUW/PYOPerty E Other collections (09) [:3 Construction defect (10) Damage’W'ongfu' Deathnmt E] Insurance coverage (18) E: Mass tort (40) [:3 Asbestos (04) E Other contract (37) E] Securities litigation (28)E Productliability (24) Real Property E: Environmental /Toxictort (30) E] Medical malpractice (45) E Eminent domain/Inverse E] Insurance coverage claims arising from thea Other Pl/PD/WD (23) condemnation (14) taytzjcévseed prOVISIonally complex case Non'PI/PD/WD (Other) Tort E wrongfm eViCtion (33) Enforcement of Jud ment C] Businesstort/unfairbusiness practice (O7) [:3 Other real pmperty (26) [j Enforcement ofgjudgment (20) {:3 Civil rights (08) Unlawful Detainer . . . . . Miscellaneous CIVII ComplaintC3 Defamanon (13) [X] Commercial (31) E3 RICO (27)E] FraUd (16) E Resmenfial (32) D Other complaint (not specified above) (42)[j Intellectual property (19) E Drugs (38) . . . . . E: Professional ne I. 2 _ _ _ Miscellaneous CIVII Petitiong memo“ 5) JUd'c'al Rev'ew E] Partnershi and cor orate overnance (21) [:1 Other non-PI/PD/WD tort (35) [j Asset forfeiture (05) E: .P p .f, g Employment E] Petition re: arbitration award (11) Other petition (not spew red above) (43) [j Wrongful termination (36) [:3 Writ of mandate (02)E Other emP‘Oymem (15) C] Other judicial review (39) 2. This case [:1 is is not complex under rule 3,400 ofthe California Rules of Court. Ifthe case is complex. mark the factors requiring exceptional judicial management: a‘ E Large number of separately represented parties d- [j Large number ofwitnesses b, E3 Extensive motion practice raising difficult or novel e. [j Coordination with related actions pending in one or more courts issues that wiH be time-consuming to resolve in other counties, states or countries. or in a federal court c‘ [:1 Substantial amount of documentary evidence f. [j Substantial postjudgmentjudicial supervision 3. Remedies sought(check allthatapply): a. monetary b.- nonmonetary;declaratory orinjfiunctiverelief c. [:3 punitive 4 Number of causes of action (specify): 1 (one) ’h‘ 5. This case E is 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) Date: NOVEMBER 23, 2020 > i, ’5 f(TODD B. ROTHBARD 1 x (TYPE 0R pRlNT NAME) (SIGNATMRE 0F PXRTY 6R ATTORNW’IEBQFARTY) NOTICE o Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases fHed under the Probate, Family, orWelfare and Institutions Code). (Cal. Rules ofCourt, rule 3.220.) Failure to file may result in sanctions. ' File this cover sheet in addition to any cover sheet required by local court rule. v If this case is complex under rule 3.400 et seq. ofthe California Rules of Court. you must serve a copy ofthis cover sheet on all other parties to the action or proceeding ° Unless this'Is a COHections case under rule 3 740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 of 2 Form Adopted for Mandatory Use Cal, Rules of Court, rules 2,30, 3,220. 3.400-3.403‘ 3.740; Judicial Counci! of California CIVIL CASE COVER SHEET Cal. Standards of Judiciai Administration std. 3.10 CM-O1 O [Rev, Juty 1, 2007] wwwcourfinfacagov 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 multipie causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples ofthe 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 ruie 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 3740. 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. lf a plaintiff believes the case is complex under rule 3.400 ofthe 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 aH 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. Auto Tort Auto (22)-Personal lnjury/Property Damage/Wrongful Death Uninsured Motorist (46) (ifthe case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PIIPD/WD (Personal lnjury/ Property Damage/Wrongful Death) Tort Asbestos (04) 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 Heaith Care Maipractice Other PI/PD/WD (23) Premises Liability (e,g., slip and fall) Intentional Bodily lnjury/PD/WD (e,g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PIIPD/WD Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (e,g,, discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander. libei) (13) Fraud (1 6) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-mo [Rev. Juqy 1, 20071 CASE TYPES AND EXAMPLES Contract Breach of 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 Coliections (e‘gq money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/CoHections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse Condemnation (1 4) 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, Iandlord/tenant, or foreclosure) Uniawfu! Detainer Commercial (31) Residential (32) Drugs (38) (ffthe case involves illegal drugs, Check this item; otherwise, report 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 Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regukation (03) Construction Defect (10) Claims involving Mass Tort (40) Securities Litigation (28) EnvironmentaI/Toxic Tort (30) Insurance Coverage Ciaims (arising from provisionally complex case type listed above) (4 1) 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 OtheCr Enforcement of Judgment Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Onl Injunctive Relief Only Xnon- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-comp/ex} Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Ciaim Other Civil Petition Page 2 of 2