Civil Case Cover Sheet

Cal. Super. - 6th Dist.November 23, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/23/2020 11:34 AM Reviewed By: R. Tien Case #20CV373921 Envelope: 5346925 20CV373921 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY THE DUNNING LAW FIRM APC Donald T. Dunning (144665) James MacLeod (249145) 9619 Chesapeake Drive, Suite 210 San Diego, CA 92123 ‘ TELEPHONE NO.: 858-974-7600 FAX NO.: 858-974-7601 ATTORNEY FOR (Name): PLAINTIFF FIRST NATIONAL BANK OF OMAHA SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. FIRST STREET MAILING ADDRESS: SAME CITY AND ZIP CODE: SAN JOSE CA 951 13 BRANCH NAME: MAIN DIVISION CASE NAME: FIRST NATIONAL BANK OF OMAHA vs. WILSON LONG, an individual; CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: D Unlimited E Limited D Counter D Joinder (dAemoaflted (feragflged is Filed with first appearance by defendant JUDGE: exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-5 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 D Auto (22) D Breach of contract/warranty (06) (Cal- RUleS 0f court, 'U‘es 3-400'3-403) D Uninsured motorist (46) E Rule 3.740 conections (09) D Antitrust/Trade regulation <03) Other PI/PD/wo (Personal Iniury/Propeny D Insurance coverage (18) D Cons‘mmion defec‘ (1 0) Rimage/Wrongful Death) Tort D Other contract (37) Q Mass tort (40) LJ Agnesms (o4) Rea, Prnpnny __ , 3mm“ maxim. (23) D Product liability (24) D Eminent domain/Inverse __ Environmental/Toxic tort (30) D Medical malpractice (45) condemnation (14) D Insurance coverage claims arising from the above D Other pg/pD/WD (23) D Wrongful eviction (33) listed provisionally complex case types (41) Non-PI/PD/wo (Other) Tort D Other real property (26) Enforcement of Judgment D Business tort/unfair business practice (O7) Unlawful Detainer E] Enforcement 0f jUdgmem (20) D Civil rights (08) ‘ [j Commercial (31) Miscellaneous Civil Complaint D Defamation (13) E] Residential (32) El RICO (27) D Fraud (16) D Drugs (38) D Other complaint (notspecified above) (42) D Intellectual property (19) Judicial Review Miscellaneous Civil Petition D Professional negligence (25) D Asset forfeiture (05) D Partnership and corporate governance (21) D Other non-PI/PD/WD tort (35) D petition re; arbitration award (1 1) D Other petition (notspecifiedabove) (43) Employment D Writ of mandate (02) D Wrongful termination <36) D omer judicial review (39) D Otheremployment (15) 2. This case D is fi 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. D Large number of separately represented parties d. D Large number of witnesses biE*Ex'tensive~motienrpraetieerraisingrdiffieuItierinevelv%gieeordinationiwithirelatediactionsipendingiinioneiorimoresouns issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. D Substantial amount of documentary evidence f. D Substantial post-judgment judicial supervision i 3. Remedies sought (check all that apply): a. monetary b. D non-monetary; declaratory or injunctive relief c. [j punitive 4. Number of causes of action (specify): ONE 5. This case D is fl is not a class action suit. 6 D . If there re ny known related cases, file and serve a notice of related case. (You 499% -0 .) ate: H 5 20 < 3 James MacLeod (249145) F (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) 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 result in sanctions. - FiIe 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 only. Pa_ge 1 of 2 Form Adopted for Mandatory Use Ca}. Rules of Coun, rules 2‘30, 3.220, 3.400-3.403, 3.740; Judicial Council of California C|V|L CASE COVER SHEET Standards of Judicial Administration. std. 3.10 CM-010 (Rev. July 1, 2007} www.courIinio.ca.gav CA_01 EFile Civil Case Cover File No. 889469.001 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 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 completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheetmust be filed only with your initial paper. You do not need to submit a cover sheet with amended papers. 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 Collection Cases. A "collection 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 rule 3.740 collections case on this form means that it will be exempt form 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 Sheetto 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)-Persona| lnjury/Property DamageNVrongful Death Uninsured Motorist (46) (If the case involves an uninsured motorist claim subject to instead of,Auta) Other PllPD/WD (Personal lnjury/ Property Damage/Wrongful Death) Tor! Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Ma|practice 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 Inmctlon 0t Emotional Distress Other Pl/PDNVD Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice 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 (non medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentaI/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintifi 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 Rea! Property (e.g., quite title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quite Title ut'ner REaI’Propeny’mm’em/hem domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) :lTuAL. Tun (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) nnr‘lnratnry n " ‘nnly 4 lnjunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint (non-tort/non~complex) drugs, check this item; otherwise, report Misce'lanews CW“ Petition 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 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 CM-O1O [Rem January 1, 2007] CA_01 EFile Civil Case Cover CIVIL CASE COVER SHEET File No. 889469.001 Page 2 of 2