Civil Case Cover Sheet

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

CM-01 0 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR cOURT usE ONLY __ Jeff Brandon Atterbury (SBN 229462) Habbas, Nasseri & Associates 675 North First Street, Suite 1000 San Jose, CA 95112 ' ' TELEPHONE N0; (408) 278-0430 FAX no.2 (669) 223-0406 Ele°tr°m9any F'led ATTORNEYFOR(Name}; Plaintiffs, DANIEL & CONNOR WHITSON by Superlor Court 0f CA, SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA county Of santa Clara! STREET ADDRESS: 191 North First Street 0n 11/23/2020 12:07 PM MAILING ADDRESS: 191 North First Street R vi W B - R Ti n CITY AND ZIP CODE: San Jose, CA 95113 Ce e#2eodcvy3l73é23e BRANCH NAME; ase CASE NAME: WHITSON v. MORENO, et aI. E"V9'°|°e- 534741 5 ECIVIL CASE C&VER SHEET Complex Case Designation CASE NUMBER: ZOCV373923Unlimited Limited . (Amount (Amount D Counter D Jounder JUDGE. demanded demanded is Filed with first appearance by defendant ' exceeds $25,000) $25,000 or less) (Cal. Rules 0f 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 a Auto (22) Breach of contract/warranty (O6) Cal. Rules of Court, rules 3.400-3.403)Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03) . Other collections (09) Construction defect (10) (DJther PI/PDIWD (Personal InjuryIProperty Insurance coverage (18) _ Mass tort (40) amageNVrongful Death) Tort 0th t t 37 S .t. rt. t. 28 Asbestos (04) er con rac ( ) ecurl Ies I Iga Ion ( ) Environmental/Toxic tort (30) PrOdUCt "ability (24) Real PmPerty Insurance coverage claims arising from the Medical malpractice (45) D Eminent domain/lnverse above listed provisionally complex case Other Pl/PD/WD (23) condemnation (14) types (41) Non-PI/PD/wo (Other) Tort wmngf‘“ eV'Ct'O” (33) . . . . Other real property (26) Enforcement of JudgmentBusmess tort/unfalr busmess practice (07) Enforcement ofjudgment (20) Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) RICO (27) Intellectual property (1 9) Drugs (38) Other complaint (not specified above) (42) Ertfifeersifi‘rilaallpsgflegioerfigé) Judicial Review Miscellanepus Civil Petition Asset forfeiture (O5) Partnership and corporate governance (21) Employment Petition re: arbitration award (11) B Other petition (not specified above) (43) Wrongful termination (36) Writ of mandate (02) Other employment (1 5) Other judicial review (39) 2. This case D is E is not complex under rule 3.400 ofthe California Rules of Court. lfthe case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. a Large number of witnessesb. Extensive motion practice raising difficult or novel 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, 0r in a federal court c. D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision Remedies sought (check all thatapply): a. E monetary b.D nonmonetary; declaratory or injunctive relief c. D punitive Number of causes 0f actionfiecify): One This case D is is not a class action suit. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015. Date: November 23, 2020 I gV I I v (TYPE 0R PRINT NAME) U (SIGNAWMRTY 0R ORNEY FOR PARTY) NOTICE 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 in sanctions. o Fiie this cover sheet in addition to any cover sheet required by local court rule. o If this case is complex under rule 3.400 et seq. ofthe California Ruies of Court, you must serve a copy 0f this cover sheet on all other parties to the action or proceeding. o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. 9791??" Page 1 of 2 Form Ado ted for Mandator Use w . Cal. Rules of Court rules 2.30. 3.220. 3.400-3.403 3.740; Judicial Oguncil of Californié' LEB‘ Essential CIVIL CASE COVER SHEET Cal. Standards orJudiciaI Administration. std. 3.10 CM-010 [Rev. July 1. 2007] ceb‘mm E EFormy www.courtmfo.ca.gov Whitson v. Moreno, et al 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 fiie, 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 cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first pa its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. per filed in a civil case may subject a party, 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) 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. ATo 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 ptaintiff 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 ?Iaintiff designates a case as complex, the cover sheet must be served with the Icomplaint on all parties to the action. A defendant may le 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 subject to arbitration, check this item instead of Auto) Other Pl/PDIWD (Personal Injury/ Property DamageNVrongful Death) Tort Asbestos (O4) 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 Malpractice Other Pl/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-PIIPDIWD (Other) Tort Business Tort/Unfair Business Practice (07) Civil 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) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PD/WD Tort (35) Em ployment 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 Contraot/Warranty Coilections (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 (1 4) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, Iandlord/tenant, 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 (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 Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3400-3403) Antitrust/Trade Regulation (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) Environmentalfl'oxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (4'1) 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 RlCO (27) Other Complaint (not specified above) (42) Deciaratory Relief Only Injunctive Relief Only (non- harassment) ' Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Aduit Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition CM-010 [ReV. July 1. 20071 CEBn I EsSential cebmm ’3am CIVIL CASE COVER SHEET Page 2 of 2 Whitson v. Moreno, et al