Civil Case Cover SheetCal. Super. - 6th Dist.November 20, 2020Ttmoty . U,Esq. ( Er I 3 ATTPRNE(ORgAIP fllTHOUT A+Rug/Rgb Sgt/tt Sar aumam aud wmmaa/. Law OITtces of Timothy Gill, A Prof Corp 46 West Santa Clara Street Ssn Jose, CA 95 I 13 TELEPNONENO4(408) 938-3467 FARND (408) 286-3l39 ATTORNEY FOR /Namot MIEUCI HomsndeZ-Anaujanot Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss' 9 I North First Street MAILING ADDRFSS ct I Y AND ztp ODD E'an Jose 95 1 1 3 SRANcnuauE Civil Unlimited CASE NAME. FOR COURT USE ONLY CM-010 Hernandez-Jdtngutuno v. (.'Cntctto; ct 01 CIVIL CASE COVER SHEET Complex Case Designation X Unlimited M Limited (Amount (Amount Counter W Joinder demanded demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 be/ow musl be completed (see tnstructions on page 2). 1. Check one box t&elow for the case type that best descnbes this case. AutD Tort Contract Provlslonsgy Complex Civil Litigation [X Auto (22) Uninsured motorist (46) otlter Pl/PD/wD (Personal In)ury/Property Damage/wrongful Death) Tort Asbestos (04) Breach of contrsd/warranty (06) Rule 3.740 collecbons (09) Other collections (09) Insurance coverage (18) Other contract (37) (Cal. Rules of Court, rules 3.400-3.403) M Antitrust/Trade regulation (03)~ Construction defect (10) Mass tort (40) Secunttes litigation (28) product liability (24) Medical malpractice (45) Other Pl/PD/WD (23) Real Property Eminent domain/Inverse condemnation (14) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed rovisionsa corn lex case nYpt OR PRINT NAME) 1 IS/GFJattlJRE OF PARTY OR '/LT/DNNt Y FOR PARTY) NOTICE ~ Plaintiff must file this cover sheet wtth the first paper filed in the action or proreeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and instttutions 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. ~ 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 onlv.Paoa 1 of 2 Fmm Adopted for Mandatory Uaa CIVIL CASE COVER SHEET Cat. Rules of Coca, rules 2 30, 3 220, 3 400-3.403, 3 740, Judtoal Couoal of Caltfomia Cal Standards of Judicial Admtalattattoa, atd 310 Cuut to [Rau July 1, 2007) www couam/o.ca pau /axtaNex/Ftib Automated Cahfora/0 Jtdicm/ r'coact/ Fonda p y p Non-PI/PD/WD (Other) Tort Wrongful eviction (33) types (41) Business tort/unfair business practice (07) M othel'eal ProPerty (28) Enforcement of Judgment CN/I rights (08) Unlawful Detainer Enforcement oiivdgment (20) Defamation (13) commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) RICO (27) Intellectual property (19) Drugs (38) other complaint (not specified above) (42) Professional negligence (25) Judicial Review Other non-Pl/PDMID tort (35) Asset forfeiture (05) C] Psrtnarship and corporate governance (21) Employment Petit/on re: arbitration award (11) ~Oth titl f I T d 0 ) (43)Other pet ion (not spaciyic altaue) Wrongful tmrmlnstlon (36) Writ Of tnandate (02) Other employment (16) Other judicial review (39) 2. This case M is LXJ 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. W Large number of separately represented parties d. Large number of witnesses b. H Extensive motion practice raising d/fficult or novel e. H 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. C] Substantial amount of documentary evidence f. H Substantial postjudgment judicial supervision 3. Remedies sought (check a// that app/y): a.~x monetary b.~ nonmonetary; declaratory or injunctive relief c. ~ punitive 4. Number of causes of action fspocifyJ: ONE (11 5. This case H is [X is not a class action suit. 6. If there are any known related cases, f/le and serve a notice of re ted e. (You y e nn M- Date: Novemhor 20, 2020 TimOthy A. t'Till, Fsu. Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/20/2020 3:08 PM Reviewed By: R. Tien Case #20CV373873 Envelope: 5340669 20CV373873 Page 2 of 2 Lex/JNex/efb Aufofuu/ed Cariforma Judicial Couucf/ FormsCMXJ10 IRov July 1. 2007l INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiff 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 descnbes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more spocific one. If the case has multiple causes of action, cher,k 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 e 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 transection 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 nf personal property, or (6) 8 Fvejudgment writ of attachment. )he identification of a case as a rule 3.740 collections case on this form means that It will bc exempt from the general t1me-for-service requirements and case management rules, unless a defendant tiles 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 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 plaintfff designates a case as complex, the cover sheet must be served with the complafnt On afi parties to the action. A defendant may file and serve no later than the time of its tlrst appearance a joinder in the plaintfff's designation, a counter-designation ihol the case is not complex, or, it The plafntfff has made no designation, a designaliun lhst the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto (22)-Personal Injury/Property Breach of ContracUWarranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease AntitrusUTrsda Regulation (03) Uninsured Motorist (46) (if the Contract (not un/4 w/u/ detainer Construction Defect (10) case involves an unfnsursd or wrongful eviction) Claims Involv1rfg Mass Tort (40) mn/nr/si c/s/m sub/ect lo ContracUWurra nty Breach-Seller Securities Litigation (28) arbi/ra//ou, cifeck this item plaintiff (oo/ fraud or nap//ponce) Lnvironmsnfsl/Toxic Tort (30) instead of Auto) Negagsnt Breach of ContracU Insurance Coverage Cia/ms Other PI/PD/WD (Personal Injury/ Warranty (sr/2/ng from provisionally complex Other Breach of Contract/Warranty cess iype listed above) (41) Collections (s g, money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcemsnt of Judgment (20) Collection Case-Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Inlury/ Other Promissory Noiu/Cofisctions County) Case Confession of Judgnwnt (non- Insurance Coverage lnoi prov/siona//y domes//c rs/st/one) comp/sx) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice- Other Coverage incr unpaid /exes) Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of Other Professional Health Care Contradual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other Pl/PD/WD (23) Real Property Pfenuses Liability (S.g, 2/fp Eminent I /amain/Invs/ss Miscellaneous Civil Compiamt and fsa) Condemnatiun (14) NIL U (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Otnsr Complaint (nol epee///ed (e g, assault, vandalism) Other Real Properly (e.g., quiet title) (26) above) (42) Intentional Infliction of Writ of Possession of Real Property Pfnouocul Dioffooo Mortgage Foreclosure Negligent Infliction of Emotional Distress Other Real Properly (nol eminent Other PUPD/WD Other Commercial Complaint Non-Pl/PD/WD (Other) Tort Csee (non-/orphan-comp/ox) Diner Clva Complaint Business Tort/Unfair Business Unlawful Detainer Practice (07) Commercial (31) Civil Rights (s.g, discrimination, Residential (32) false arrest) (no/civil Drugs (38) (/f the case involves ///egs/ harasemsng (08) drugs, check this item; otherwise, Other Petit/on (no/specified Defamation (s.g., slander, libel) mporr se Commercial or Residential) above) (43) (13) Judicial Review Civfi Harassment Fraud (16) Asset Forfeiture (05) Workplace Violsncs Intellectual Propshy (10) Petition Rs: ArbitratiOn Award (11) Elder/Dependent Adult Professional Nsgbgsnce (25) Writ of Mandate (02) Legal Malpractice Writ-Administrative Mandamus Other Professional Malpractice Writ-Mandamus on Limited Court (nol medica/ or /sgsi) Case Matter Petition for Relief From Late Other Non-Pi/PD/WD Tort (35) Wnt-Other Limned Court Case Claim Employment Review Other Civil Petition Wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET
