Civil Case Cover Sheet

Cal. Super. - 6th Dist.December 2, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/2/2020 9:31 AM Reviewed By: R. Tien Case #20CV373817 Envelope: 5391979 20CV373817 CM-01O ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Staté Bar number, and address): I FOR chRT USE ONLY I TODD B. ROTHBARD #67351- 100 Saratoga Avenue, Suite 200 Santa Clara, CA 95051 TELEPHONE No.: 408-244-4200 FAX NO: 408-244-4267 ATrORNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara 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: DOLLINGER-THOMAS ROAD ASSOCIATES, LP YAANA TECHNOLOGIES, LLC Does | throuqh V inclusive CASE NUMBER: H CIVIL CASE COVER SHEET Complex Case Designation [Z] Unlimited E Limited E , (Amount (Amount counter E Jo'nder 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 LitigationE Auto (22) E Breach of contract/warranty (06) (cal- Ru'es 0f court: 'U'es 3-400'3-403) Uninsured motorist (46) E Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other PIIPDIWD (Personal Injury/Property E Other collections (09) DamageNVrongful Death) Tort E Insurance coverage (18) Construction defect (10)Mass tort (40) UDUEDE _ E Asbestos (O4) E Othercontract(37) Securitieslitigation(28)E Product liability (24) Real Property Environmental /Toxic tort (30)E Medical malpractice (45) D Eminent domain/Inverse Insurance coverage claims arising from theE Other PIIPD/WD (23) condemnation (14) taybpoevse(|4ls1t)ed prOVISIonally complex case Non-PI/PD/wo(0ther)Tort [j Wrongfu'eViCtiO“ (33) E f t fJ d tE . . . . E Otherreal property (26) n orcemen ° u gmenBusmess tort/unfalr busmess practice (O7) E Enforcement ofjudgment (20)E Civil rights(os) Unlawful Detainer . . . . , ~ Miscellaneous CIVII ComplaintE Defamat:on(13) m Commercial(31) E mom)E FraUd (16) E Regidential (32) E Other complaint (not specified above) (42)E IntelleCtual PFOPeFtYUQ) E Drugs(38) . . . .. . . . . . Mlscellaneous CIVII PetitionE Professmnal negligence (25) Judicial Revuew E Partnershi and cor crate ovemance (21)E Othernon-PI/PD/WDtort(35) D Assetforfeiturews) E Other etitipon (notszecmegabove) (43) Employment E Petition re: arbitration award (11) pE Wrongfultermination (36) E Writofmandate (o2) |:| Other employment (15) E Other judicial review (39) 2. This case E is is not complex under rule 3.400 ofthe California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. E Large number of separately represented parties CLE Large number ofwitnesses b, a Extensive motion practice raising difficult or novel e.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. E Substantial amount of documentary evidence f. D Substantial postjudgmentjudicial supervision 3. Remedies sought(check allthatapply): a.m monetary b.- nonmonetary; declarator orinjunctive relief c. a punitive 4. Number of causes of action (specify): 1 (one) .5. This case E is X is not a class action suit. 6. lfthere are any known related cases, file and serve a notice of related case, (You may use form -015.) Date: December 1. 2020 ) /TODD B. ROTHBARD (TYPE 0R PRINT NAME) / (SIGNATWOF FARTY on AnoRNEV Fore mam NOTICE - Plaintiff must file this cover sheet with the first paper filed in the actiorWeding (except s all claims cases or cases filed under the Probate. Family, orWelfare and Institutions Code). (Cal. Rules of Court, 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. - Ifthis 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 collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. age 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3220, 3.400-3‘403. 3.740; Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3,10 CM-O1 0 [Rev. July 1. 2007] www.courfinfo.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 muitiple 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. 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 wilt 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 Catifornia Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. lf 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 no designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other Pl/PDIWD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmenlal) (24) Medical Malpractice (45) Medlcal Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g., sHp and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandatism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-Pl/PD/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 (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) CMmo [Rev. July 1, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful evlction) Contract/Warranty Breach-Seller Plaintlff (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 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) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judiclal Review Asset Forfelture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Admlnistratlve 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 Commlssloner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litlgation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Reguiation (O3) Construction Defect (10) 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 Othecr Enforcement of Judgment ase Miscellaneous Civil Complaint RICO (27) Other Compiaint (not specified above) (42) Declaratory Relief Ont lnjunctive Rellef Only non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-comp/ex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (no! specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2