Civil Case Cover SheetCal. Super. - 6th Dist.November 20, 2020Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/20/2020 2:36 PM Reviewed By: R. Tien Case #20CV373868 Envelope: 5340123 20CV373868 CM-O'IO ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bur number. cmd c(ddrem): JACK H. POGOSIAN, State Bar No.1 30574] lMANASI TAHILIANL State Bar No.2 272821/ CHRISTINA ARNOLD, State Bar N0.: 297590 / HYO JIN JULIA JUNG, State Bar No.2 316090/ MELINE GRIGORYAN, State Bar No.2 321 J33 / CAROLINA PINHEIRO, State Bar No.1 259875/ NICHOL ALAN DE GUZMAN. State Bar N0; 314989 MIDLAND CREDIT MANAGEMENT INC. . . . 350 CAMINO DE LA REINA. SUITE 100 Abnl F- sagllo‘RU'Z 299585 FAX No.; (858) 309-1 588 SAN DIEGO. CA 92108 ATTORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. FOR COURT USE ONLY TELEPHONE NO.: (877) 386-5383 SUPERIOR COURT 0F 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, SAIKANTH GUDIFATI CIVIL CASE COVER SHEET Complex Case Designation Unlimited Case Limited Case D COUHtel’ D JOiNdel’ (Amount demanded (Amount demanded Filed with first appearance by defendant exceeds $25,000) is $25,000 or less) (Cal. Rules of Court, rule 3.402) CASE NUMBER: JUDGE: DEPT: Items 1-6 below must be completed (see instructions onpgge 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Auto (22) Breach of contraCt/warranty (06) D Uninsured motorist (46) E Rule 3.740 collections (09) Other Pl/PDIWD (Personal lnjury/Property D Other collections (09) DamagelWrongful Death) Tort D Insurance coverage (18) ASbesms (04) D Other contract (37)D Product liability (24) Real PropertyD Medica' malpracme (45) Eminent domain/lnverse condemnation (14) D Other Pi/PD/WD (23) Wrongful eviction (33) Non-PIIPDIWD (Other) Tort D Other real propeny (26) Business ton/unfair business practice (O7) Unlawful Detainer D Civil rights (08) Commercial (31) D Defamation (13) D Residential (32) D Fraud (16) D Drugs (38) D Intellectual property (19) Judicial Review D Professional negligence (25) Asset forfeiture (05) D Other nomPl/PD/WD ton (35) D Petition re: arbitration award (1 1) Employment D Writ of mandate (02) Wrongfu‘ termination (35) D Otherjudicial review (39) D Other emgoymem (15) Provisionally Complex Civil Litigation Ea]. Rules of Court, rules 3.400-3.403) Antitrustffrade reguiation (03) D Construction defect (10) D Masston (40) D Securities litigation (28) D Environmemal/Toxic tort (30) D Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint D Rico (27) D Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) D Other petition {not specified above) (43) 2- This caseD is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. b. Extensive motion practice raising difficult or novel e. issues that will be time-consuming t0 resolve c. D Substantial amount of documentary evidence B JACK H. POGOSIAN/ MANASI TAHILIANI CHRISTINA ARNOLD/ HYO JIN JULIA JUNG MELINE GRIGORYAN CAROLINA PINHEIRO NICHOL ALAN DE GUZMAN P Large number of witnesses Coordination with related actions pending in one or more couns in other counties, states, or countries, or in a federal court f. D Substantial post judgment judicial supervision c. D punitive3. Remedies sought (check all thatapp/y): a. X monetary b‘ D non monetary; declaratory or injunctive relief 4. Number of causes of action (specify): ONE 5. This case Dis is not a class action suit. 6. If there are anvy knoyén related cases. file and serve a notice 0f related case. (You may use form CM-O15.) Date: fl JAbria F. Sagno-Ruiz 299586 (TYPE OR PRINT NAME) ,___..~V (SIGNATURE 0F PARMH ATrORNEY FOR PARTY) NOTICE ' File this cover sheet in addition to any cover sheet required by local court rule. action or proceeding. - Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases flied 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. 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 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 Adopted for Mandatory Use Judicial Council of California CM-01O [Rev July 1. 2007] CA_OIOOG File N0.: 20-22380? CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3400-3403. 3.740; Cal‘ Standard: nf 1mm“. M”. . , 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 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. T0 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. T0 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 Sheerto designate whether the case is complex. If a piaintiff 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 Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (lfthe case involves an uninsured motorist claim subject to arbitration, Check this item instead of Auto) Other Pl/PDNVD (Personal lnjury/ Property DamageNVrongful Death) Tort Asbestos (O4) Asbestos Property Damage Asbestos Personal lnjury/ Wrongful Death Product Liability (not asbestos 0r 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 lnjury/PDNVD (e.g.. assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Ton/Unfair Business Practice (O7) 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 0r legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/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 complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse 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/z‘enant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial 0r 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) Antitrust/Trade Regulation (03) Construction Defect (1 O) 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 of Judgment (20) Abstract of Judgment ( Out of County) Confession of Judgment (non- domesz‘ic 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-comp/ex) 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 CM-OTO [Rev‘ July 1, 2007] CA-GIOOG File No.2 20-223892 CIVIL CASE COVER SHEET Page 2 of 2