Civil Case Cover SheetCal. Super. - 6th Dist.November 23, 2020CM-01 0 _ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Jonathan E. Davis SBN: 191346 The Arns Law Firm 515 Folsom Street, 3rd Floor, San Francisco, SAN FRANCISCO, CA 94105 El . ll F.l d TELEPHONE No.;415-495-7800 FAX No.:415-495-7888 ecuon'Fa y ' e ATTORNEY FOR (Name):Alonso Hernandez by SUperlor court 0f CA, SUPERIOR counT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Ciounty Of Santa Clara, STREET ADDRESS: 161 North First Street on 1 1/23/2020 2:21 PM :3:::::D::::i;:: izihgifiésm Reviewed Bv= R- Tie"' ’ Ctase #20CV373930 BRANCH NAME: Old Courthouse CASE NAME: Hernandez, Alonso V. The Whiting-Turner Contracting Company, et a1. t nvelope: 5349361 CW"- CASE COVER SHEET Com Iex Case Desi nation CASE NUMBER: Unlimited E Limited p g . 20CV373930 (Amount (Amount E counter E J0|nder 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 Provisionally Complex Civil LitigationE Auto (22) Breach of contract/warramy (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 colleciions (09) Antitrust/Trade regulation (03) Other PI/PD/WD (Personal Injury/Property Other collections (09) Construciion defeci (10) Damage/Wrongful Death) Tort Insurance coverage (1 8) Mass tort (40) DUDDD DDDDDDASbeStOS (04) Other contract (37) Securities litigation (28)E Product liability (24) Real property EnvironmentaI/Toxic ton (30) Medical malpraCtice (45) E Eminent domain/lnverse Insurance coverage claims arising from the Other Pl/PD/WD (23) Gondemnafion (14) above listed provisionally complex case Non-PI/PD/WD (Other) Tort E Wrongful eViCfiO" (33) types (41)E Business torl/unfair business practice (07) E Other real prOpeny (26) Enforcement Of JUdgmentE Civil rights (08) umawful Detainer E Enforcement of judgment (20)E Defamation (13) E CommerCia' (31) Miscellaneous Civil ComplaintE Fraud (16) D Residential (32) E RICO (27)E Intellectual property (19) E DFUQS (38) E Other complaint (notspecified above) (42)E Professional negligence (25) Judicial Review Miscellaneous Civil PetitionE Other "on'PI/PD/WD tort (35) E Asset forfeiture (05) Partnership and corporate governance (21) Emp|oyment E Petition re: arbitration award (1 1) E Other petition (not Specified above) (43) Wrongful termination (36) E Writ of mandaie (o2)E Other employment (15) E Otherjudicial review (39) 2. This case E 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.E Large number of separately represented parties d.E Large number of witnesses b.E Extensive motion practice raising difficult or novel e.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, or in a federal court c.E Substantial amountofdocumentary evidence f. E Substantial postjudgmentjudicial supervision 3. Remedies sought (check all thatapp/y): a.- monetary hm nonmonetary; declaratory or injunctive relief c. Dpunitive 4. Number of causes of action (specify): Two 5. This case E is is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form C 015.) Date: November 23, 2020 Jonathan E. Davis ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTV OR ATTORNEY 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. 0 File 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. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. 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. a9e 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; JudicialCouncil ofCalifornia CIVIL CASE COVER SHEET Cal. Standards ofJudiciaIAdministration, std.3.10 CM-01 O [Rev. July 1 , 2007] www.coun‘info.ca.gov Westlaw Doc 8: Form Builder" 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. 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 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) 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 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 Deaih Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other Pl/PD/WD (Personal lniury/ Property Damage/Wrongful Death) Tort Asbesios (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 Malpractice Other PI/PDNVD (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 Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamaiion (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RemaI/Lease Contract (not unlawful detainer or wrongful eviction) ContractNVarranty 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) Colleciion Case-Seller Plaimiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (1 8) Auto Subrogaiion Other Coverage Other Contract (37) Contraciual Fraud Other Contract Dispute Real Property Eminem Domain/Inverse Condemnation (14) 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, landlord/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 (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Oiher Judicial Review (39) Review of Health Officer Order Notice of AppeaI-Labor Commissioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Torl (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement oi Judgment Enforcement of Judgment (20) Abstraci of Judgment (Oui of County) Confession of Judgment (non- domestic relations) Sisier 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-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 EIder/Dependent Adult Abuse Election Contest Peiition for Name Change Petition for Relief From Late Claim Other Civil Petition CM-O10 [Rev. July 1, 2007] CIVIL CASE COVER SHEET Page 2 of 2
