Civil Case Cover SheetCal. Super. - 6th Dist.November 23, 2020Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/23/2020 9:34 AM Reviewed By: R. Tien Case #20CV373896 Envelope: 5345195 20CV373896 CM-010 ATTORNEY OR PARTY WITHQUT ATTORNEY (Name, Stare Bar numben and address): -Al1 R. Moghaddaml, Esq. SNB 174548 LAW OFFICES OF ALI R. MOGHADDAMI 333 E. Glenoaks Blvd, Suite 202 Glendale, CA 91207 TELEPHONE N0: $8 1 8) 500-41 l 1 . FAX No.: . momev Foamame); lamtlffs, Adlb Besharatl, Rafat Orougl FOR COURT USE ONLY SUPERIOR COURT 0F CALIFORNIA, coum'v 0F SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: l9] N. First Street CITYAND ZIP CODE: San Jose, CA 95] 13 BRANCH NAME: CASE NAME: BESHARATI v. QUIN, et al., EC'V'L CASE COVER SHEET Complex Case Designation CASE NUMBER: Unlimited Limited _ (Amount (Amount E Counter E Jonnder JUDGE. 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 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 Auto (22) Breach of contract/warranty (06) Uninsured motorist (46) Ruie 3.740 collections (09) Other PIIPDIWD (Personal lnjurylProperty Other collections (09) DamageNVrongful Death) Tort Insurance coverage (18) ASbesms (04) Other contract (37)D Product “ability (24) Real Property Medical malprac‘ice (45) Eminent domain/lnverseE Other PI/PD/wo (23) condemnation (14) Non-PI/PDIWD (Other) Ton E Wrongful eviction (33) Business ton/unfair business practice (07) Other real prODe'ty (26) Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Fraud (16) Residential (32) Intellectual property (19) E Drugs (38) Professional negligence (25) Judicial Review Other non-PI/PD/WD ton (35) Asset forfeiture (05) Employment Petition re: arbitration award (11) Wrongful termination (36) D Writ of mandate (02)E Other employment (15) D Other judicial review (39) DDUDDDD Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3400-1403)D Antitrust/Trade (egulation (03) Construction defect (10) Mass ton (40) Securities litigation (28) Environmentalfroxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) DEED Miscellaneous Civil ComplaintE Rico (27) Other complaint (no! specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21)D Other petition (not specified above) (43) 2. This case D is m is not factors requiring exceptional judicial management: a.D Large number of separately represented parties b.E Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c.E Substantial amount of documentary evidence Number of causes of action (specify): This case D is is not a class action suit.9’99.“ Date: November l7, 2020 Ali R. Moghaddami, Esq. (TYPE OR PR|NT NAME) b NOTICE in sanctions. ° File this cover sheet in addition to any cover sheet required by local court rule. other panies to the action or proceeding. Remedies sought (check all that apply): am monetary hm nonmonetary; declaratory or injunctive relief If there are any known related cases, file and serve a notice of related case. (You may se form M-015.) complex under rule 3.400 of the California Rules of Coun. If the case is complex, mark the d4E Large number of witnesses e.D Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. E Substantial postjudgmentjudicial supervision c.E punitive D (SIsNATURE 0F PARTY 0RAWW o 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 result 0 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 0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. 1 o”age Form Adopted for Mandatory Use Judicial Council of California CM-O1O [Rem July 1. 2007] CIVIL CASE COVER SHEET Cal Rules of Court. rules 2 30. 3 220. 3.400-3‘403, 3.740, Cal‘ Standards of Judicial Administraléon. std‘ 3.10 www.courtinfo cagov - 1 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM o o 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 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 oover 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) ton damages, (2) punitive damages, (3) recovery of real properly, (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 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 Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subjec! to arbitration, check this item instead of Auto) Other PI/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or onic/environmental) (24) Medical Malpractice (45) Medical Ma1practice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g.. slip and fall) Intentional Bodily Injury/PD/WD (e.g.. assault. vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Other Pl/PD/WD Non-PIIPDIWD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (e.g.. discrimination. false arrest) (no! civil harassment) (08) Defamation (e.g., slander, libel) (1 3) Fraud (1 6) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-010 (Rev. July 1. 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (no! 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) (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 (eng quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenanl, 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) 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 AppeaI-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court RuIes 1400-3403) Antitrust/Trade Regulation (O3) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Ton (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 (no! unpaid (axes) Petition/Cenification 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- harassmenl) Mechanics Lien Other Commercial Complaint Case (non-ton/non-complex) Other Civil Complaint (non-(orl/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 pagozon