Civil Case Cover SheetCal. Super. - 6th Dist.December 3, 2020..‘-»I:' I .'- " :~.vj,--;, iv.'-.‘ 13,,- 3‘ 2- ng- - ' ti ‘ a '« . .-:,: ‘x‘ ‘7'". ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, étate Bar numb'e'r, and address): BichVan Nguyen & BichHa Nguyen 176 Bendorf Drive ' I San Jose, CA 95111 E LE : v‘ TELEPHONE No.: 408-497-4568 FAx N0. (Optional).- L l- ‘ ‘ATTORNEY FOR (Name): . SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F r NOV 1 7 2020 STREET ADDRESS: 191 Nodh First Street - - MAILING ADDRESS: 'A s Clef ofAthatc'osgrt Clupefiur Q Dun y o nla era CITY AND ZIP CODE: San Jose, CA 95113 BY DEPUTY BRANCH NAME: Downtown Superior Coun CASE NAME: V :737m Van anal QI‘CIIHd JUL U4; m CIVIL CASE COVER SHEET ' i Complex Case Designation CASE NUMBER: Unlimited E Limited E Counter E Joinder Z D C ‘53}738 1 C} (Amount (Amunt F'I d 'thf t b df d t ' demanded > demandedis Ie WI Irs appearance y een an JUDGE: (Cal. Rules of Court, rule 3.402) DEPT;exceeds $25,000) $25,000) !tems 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 contracflwarranty (05) (Cal. Rules of Court, rules 3.400-3.403)E Uninsured motorist (46) E Rule 3.740 collections (09) E Antitrust/Trade regulation (03) Other PIIPDIWD (Personal Injury/Property E Other collections (09) E Construction defect (10) DamageNVrongful Death) Tort E Insurance coverage (18) E Mass tort (40mm?E ASbeStOS (04) E Other contract (37) E Securities litigation (28)E PrOdUCt "ability (24) Real property E Environmentall‘l’oxictort(30)E Medical malpractice (45) E Eminent domain/lnverse E Insuran'ce covera'g-e claims arising from theE Other PIIPDNVD (23) condemnation (14) taboeVse(|4|S1t)6d PFOVISIonaIIy complex case Non-PIIPD/wo (Other) Tort _ ‘ E Wrongful eviction (33) Enforcgfi‘em of JudgmentE Business torflunfair business practice (07) E Other Te'al Property (26) E Enforcement ofjudgment (20)E Civil rights (08) gm: Deta'nlehm) Miscellaneous Civil Complaint Defamation (13) °mmerc'ag Fraud (16) D Residential (32) E 21:: (0207”: . .plalnt (not spectfied above) (42)E Intellecma' property (19) E _Dru93_(38) Miscellaneous Civil PetitionE Professional negligence (25) JUd'c'a' ReV'ew E Partners” d t . 21 3 'E Other non-PI/PD/WD tort (35) E Asset forfeiture (05) 'p a" °°rp°ra e 9°Veman°e( )4 Employment E Petition re: arbitration award (1 1) E] Other Petition ("0t Spec’fied above) (43)E Wrongful termination (36) E writ 0f mandate (02)E Other emp|oyment (15) E Otherjudicial review (39) 2. This caseE is 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. E Large number of separately represented parties d. E Large number of witnesses b. E Extensive motion practice raising difficult or novel e. E Coordination with related actions pending in one or more issues that will be time-consuming to resolve courts in other counties, states, or countries. or in a federal c. E Substantial amount of documentary evidence court f. E Substantial postjudgmentjudicial supervision ' Remedies sought (check all that apply).'a.E monetary b.E nonmonetary; declaratory or injunctive relief c. E punitive Number of causes of action (specify): 3 4 5. This caseE is E is not a class action suit. 6 . lf there are any known related cases, file and serve a notice of related case. (Yo y se f rm CM-015.) Date év WWBichVan Nguyen & BichHa Nguyen (TYPE 0R PRINT NAME) /(§JéNAT@€OF PARTY 0R ATrORNEY FOR PAKTYIV F 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 r'esult in 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 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 orgly. 1 f2age o ' Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Coun, rules 2.3g. 3.220, 3.400-3.403. 3.740; :JudICIal CounCIl of Calrfomla Cal. Standards of Jud1c1al Admlnlstratlon. std. 3.10 INSTRUCTIONS 0N How To COMPLETE-THE COVER SHEET CM-010, To Plaintiffs and Others Filing First Papers. lf you a‘re 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. 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 inxagsum stated to be cert'ain_that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services; o'r 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 3:5; 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 Vaujudgme'nt in rule 3.740. To Parties in Complex Cases. In complex cases only. parties must also use the Civil Case Cover Sheet tQ designate whether the case is complex. If a plaintiff believes the case is complex under ruIe 3.400 of the California Rules of Court. this must be indicated by i; - completing the appropriate boxes in items 1 and 2. lf a plaintiff designates a case as comp|ex, the cover sheet must be served with the " A . complaint on all parties to the action. A defendant may file and serygnqlater than the time of its first appearance a joinder in the plaintiff‘s designation, a counte'r-designation that the case is r=0t corh‘p’l'ex, or; if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Auto (22)-Persona| lnjurylProperty Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other PIIPDNVD (Personal Injuryl Property DamageIWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal lnjuryl Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PIIPDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDNVD (e.g.. assault, vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Other Pl/PDIWD Non-PIIPDIWD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (1 3) 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 (15) cmmo [Rev. July 1, 2007] Contréct Breach of Contract/Warranty (06) Breach of RentaI/Lease Contract (not unlawful detainer or wrongful eviction) _ Gontract/Warranty Breach-Seller Plaintiff (not fraud cr 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) (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, Iandlord/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 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 Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrustfl'rade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmentalfroxic 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 -'lnjunctive 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 Page 2 of 2
