Civil Case Cover SheetCal. Super. - 6th Dist.November 20, 2020CM ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE O_NLY ‘Timothy Carl Aires, Esq. (138169) AIRES LAW FIRM 6 Hughes r SUite 2 05 Electronically Filed 6 HVgheS ' SUlte 205 by Superior Court of CA,Irv1ne, CA 92618 . TELEPHONE~0.; 949/718-2020 mm; 949/718-2021 (vounty 0f Santa Clara, ATTORNEY FOR(N_a_mg): PLAINTIFF 0n 11/20/2020 1:14 PM SUPERIOR coum' 0F1cgilFoNRg§§F<§ug¥§g§A§$§E§%ARA Reviewed By; R_ TienSTREET ADDRESS: u MAILING ADDRESS; 1 91 NORTH FIRST STREET ('ase #ZOCV373854 cm AND zip cone; SAN JOSE , CA 9 5 1 1 3 Envelope: 5338904 BRANCH NAME: DOWNTOWN COURTHOUSE CASE NAME: WESCO INSURANCE COMPANY V . SOUTH SPRINGS HOME HEALTH CARE INC . ; and DOES 1 through 50; in CIVIL CASE COVER SHEET C0mp|ex Case Designation CASE “UMBER: zocv373854m Unlimited E] Limited E Counter m Joinder gAemougted (2mglr‘1'éted 'is Filed with first appearance by defendant JUDGE: exceeds $25 000) $25 000 or less) (Cai- 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) E] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3-400-3-403)m- Uninsured motorist (46) E1 Rule 3740 couecfions (09) E Antitrust/Trade regulation (03) gther PlijvD’WDf(rgrsotgal;njuwlpr°PeW Other couections (09) E Construction defect (10) amage rong u ea ) on E Insurance coverage (18) E M355 tort (40)E Asbestos (o4) :1 Other contract (37) i: Securities litigation (28)S Product liability (24) Real Property ' [:3 Environmental/Toxic tort (30) [:3 Medical malpractice (45) E] Eminent domain/lnverse [:3 insurance coverage claims arising from theE Other pupD/WD (23) COfldemnation (14) above listed provisionaily complex case Non_p.,pD,WD (Other) Tort D Wrongful eviction (33) types (41) E: Business tort/unfair business practice (O7) E3 Other real pmperty (26) Enforcement of JudgmentE Civil rights (08) Unlawful Detainer D Enforcement of judgment (20)E Defamation (13) [j commercial (31) Miscellaneous Civil ComplaintE Fraud (16) D Residential (32) D Rico (27)D Intellectual property (19) E Drugs (38) E Other complaint (not specified above) (42)D Professional negligence (25) Judicial Review Miscellaneous Civil PetitionE Other non-PI/PD/WD tort (35) [j Asset forfeiture (05) D Partnership and corporate governance (21) Employment D Petition re: arbitration award (11) E Other petition (not specified above) (43) E: Wrongful termination (36) E writ of mandate (02)E Other employment (15) E Otherjudicial review (39) 2. This case E 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. E Large number of witnesses b. :I 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 postjudgment judicial supervision 3. Remedies sought (check all thatapply): a. monetary b.E noannetary; declaratory orinjunctive relief c. E punitive 4. Number of causes of action (specify): TWO 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. (Y u may use fo T4 ' w J Date: 11/19/2020 r:3_ :_ Timothy Carl Aires, Esq. (138169) MW”; '3 (TYPE OR PRINT NAME) L (SIGNATURE OF PARTY 0R ATTORN?!FORW NOTICE e Plaintiff must file this cover sheet with the first paper filed in the action or proceedin Wipe Ims 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 in sanctions. o FiIe this cover sheet in addition to any cover sheet required by iocal court rule. o 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 :s 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 Adopted for Mandatory Use r Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Judicial Council of California CIVIL CASE COVER SHEET SOEuf’a1119 Cal. Standards of Judicial Administration, std. 3.10 CM«010 [Rev. July 1, 2007] "2) .Ea _ us INSTRUCTIONS 0N How To COMPLETE THE COVER SHEET CM-010 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, aiong with your first paper, the Civil Case Cover Sheet contained on page 1. This information wiEI 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 iisted 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, exampies of the cases that beiong under each case type in item 1 are provided beiow. A cover sheet must be filed only with your initial paper. Faiiure 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 "coliections 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, exchsive 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 generai 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 ajudgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must akso 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 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 lnjury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured moton'st claim subject to arbitration, check this item instead ofAuto) Other PIIPDIWD (Personal Injury! Property DamageIWrongfut Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personai 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/PDNVD (23) Premises Liability (e.g., slip and fall) intentional Bodily Injury/PDNVD (e.g., assault, vandalism) Intentional lnfliction of Emotional Distress Negligent infliction of Emotionai Distress Other Pl/PDNVD Non-PIIPD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civii Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (1 9) Professional Negligence (25) Legai Malpractice Other Professional Maipractice (not medical or legal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-mo [Rev. July 1, 2007] CASE TYPES AND EXAMPLES Contract Breach of ContractNVarranty (06) Breach of RentalILease Contract (not unlawful detainer or wrongful eviction) ' Contract/Warranty Breach-Seiler Plaintiff (not fraud or negligence) Negfigent Breach of Contract/ Warranty _ Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Coilection 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 (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Rea! Property (not eminent domain, Iandlord/tenant, or forecIOSure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) 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 Appeais CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Ruies 3.400-3.403) Antitrust/Trade Regulation (03) 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 Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Compiaint (not specified above) (42) Deciaratory Reiief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscelianeous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civi! Harassment Workplace Violence EIder/Dependent Adult Abuse > Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civii Petition Page 2 of 2