Civil Case Cover Sheet

Cal. Super. - 6th Dist.November 24, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/24/2020 9:23 AM Reviewed By: R. Tien Case #20CV373958 Envelope: 5354127 20CV373958 CM-010 ATrORNEY 0R PARTY WITHOUT AITORNEY (Name, state Bar number, and address): FOR COURT USE ONLY Robert Scott Kennard, SBN 117017 NELSON & KENNARD File No. 20-05695-0 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 P.O. Box 13807, Sacramento, CA 95853 TELEPHONENO.: (916) 920-2295 FAXNO.: (916) 920-0682 ATTORNEYFOR (Name): CAPITAL ONE BANK (USA), N.A. SUPERIOR COURT 0F CALIFORNIA. COUNTY OF SANTA CLARA STREET ADDRESS: 1 91 N . First Street MAILING ADDRESS: l 91 N . First Street CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: LIMITED CIVIL CASE CASE NAME:CAPITAL ONE BANK (USA), N.A., V. BINH D PHI, Et al . CIVIL CASE COVER SHEET c I C D _ ti CASE NUMBER: Unlimited x Limited °'“P e" ase 95'9“. °"[ (dlAmougt d [ ] (dAmoundt d . [ ] counter [ l Jolnder JUDGE. ema” e ema" e '5 Filed with firsta earance b defendantexceeds $25900) $25300 °' less) (Cal Runes 2:)00urt ruleya 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 [ ]Auto (22) [ ] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400 - 3.403) [ ] Uninsured motorist (46) [X ] Rule 3.740 collections (09) [ ]Antitrust/Trade regulation (03) Other PIIPDNVD (Personal lnjurylProperty [ ] Other collections (09) [ ] Construction defect (10) DamageIWrongful Death) Tort [ ]Insurance coverage (18) [ ]Masstort (40) [ ]Asbestos (O4) [ ]Other contract (37) [ ]Securities litigation (28) [ ]Productliability(24) Real Property [ ]Environmental/Toxictort(30) [ ] Medical malpractice (45) [ ] Eminent domain/inverse [ ] Insurance coverage claims arising from the [ ] Other PIIPDNVD (23) condemnation (14) above Non-PIIPD/WD (Other) Tort [ ]Wrongful eviction (33) listed provisionally complex case types (41) [ ] Business torUunfair business practice (07) [ ] Other real property (26) Enforcement of Judgment [ ] Civil rights (08) Unlawful Detainer [ ] Enforcement ofjudgment (20) [ ]Defamation (13) [ ]Commercial (31) Miscellaneous Civil Complaint [ ] Fraud (16) [ ] Residential (32) [ ] RICO (27) [ ]Intellectual property (19) f ]Drugs (38) [ ]Othercomplaint (notspecifiedabove) (42) [ ] Professional negligence (25) Judicial Review Miscellaneous Civil Petition [ ]Other non-Pl/PDNVD tort (35) [ ]Asset forfeiture (05) [ ] Partnership and corporate governance (21) Employment [ ]Petition re: arbitration award (11) [ ]Other petition (notspecified above) (43) [ ]Wrongfultermination (36) [ ]Writof mandate(02) [ ] Other employment (15) [ ] Otherjudicial review (39) 2. This case [ ] is [X] is not complex under rule 3.400 ofthe California Rules of Court. If the case is complex. mark the factors requiring exceptional judicial management: a. [ ] Large number of separately represented parties d. [ ] Large number of witnesses b. [ ] 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. or in a federal court c. [ ] Substantial amount of documentary evidence f. [ ]Substantial post-disposition judicial supervision 3. Remedies sought (check a/I that apply): a. [X ] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ]punitive 4. Number of causes of action (specifir): ONE 5. This case [ ] is [X] is not a class action suit. 6. If there are an known lated cases, file and sewe a notice of related case. (Yo ‘may use form CM-015.) Date: “/2w a Robert Scott Kennard (TYPE 0R PRINT NAME) (SIGNA¥URE OF PLAINTIFF OR ATTORNEY) 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. - 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. ° Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes only. Page 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220. 3.400 - 3.403. 3.740; Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judlclal Administration, std 3.10 CM-O10 [Rev. July 1. 2007] www.couninfo.ca.gov INSTRUCTIONS ON HOW T0 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 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. 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 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recover of money owed in a sum slated to be cenain 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 plaintifi 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 lime 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 lnjury/Property Damage/Wrongful Death Uninsured Motorist (46) (ifthe Case involves an uninsured Motorist claim subject to Arbitration, check this item Instead of Auto) Other PIIPDNVD (Personal Injury] Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal lnjuryl Wrongful Death Product Liability (not asbestos or toxic/environmenral) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PlPD/WD (23) Premises Liability (e.g.. slip and fall) Intentional Bodily Injury/PD/WD (e.g.. assault. vandalism) Intentional lnfliction of Emotional Distress Negligent Infliction of Emotional Distress Other PIPDNVD Non-PIIPDNVD (Other) Tort Business TorUUnfair Business Practice (07) Civil Rights (e.g.. discrimination. False arrest) (not civil Harassment) (08) Defamation (e.g.. slander. libel) (1 3) Fraud (1 6) Intellectual Property (1 9) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical orlegal) Other Non-PIIPD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CASE TYPES AND EXAMPLES Contract Breach of ContracWVarranly (06) Breach of RentaI/Lease Contract (not unlawful detainer or wrongful eviction) Contractharranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contracl/ Warranty Other Breach of Contracl/Warranty Collections (e.g.. money owed. open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory NotelCollections Case Insurance Coverage (not provisionally Complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainllnverse Condemnation (14) Wrongful Eviction (33) Other Real Properly (e.g.. quiet title) (26) Writ of Possession of Real Propeny Mortgage Foreclosure Quiet Title Other Real Propeny (not eminent domain, Iandlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (f 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 Wn't-Mandamus on Limited Court Case Matter Writ-Olher 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 3.400 - 3.403) AntitrustlTrade Regulation (03) Construction Defect (10) Claims Involving Mass Torl (40) Securities Litigation (28) Environmentalfl'oxic Ton (30) Insurance Coverage Claims (an'sing 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 Slate Judgment Administrative Agency Award (not unpaid taxes) Petilion/Ceflificalion 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 Injunclive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case {non-tort/non-oomplex) Other Civil Complaint (non-rort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (no! specified above) (43) Civil Harassment Workplace Violence EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other CiviI Petition CM-O1O [Rev. July 1. 2007] CIVIL CASE COVER SHEET Page 2 of 2