Civil Case Cover SheetCal. Super. - 6th Dist.November 24, 2020UM-U1 U iTTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Christopher Mandarich 53220693 Hayk Stambultsyan 53320973 Amber Swearingen-Ojuri 58324653 David C. McGaffey 58315632 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, |L 60610, TELEPHONE N°"877.285.4918 FAX ”0-3 818.888. 1260 ATTORNEY FOR (Name):Mid|and Credit Management, Inc SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N FIRST STREET, MAILING ADDRESS: CITY AND ZIP CODE: SAN JOSE CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE CASE NAME: Midland Credit Management, Inc v. ANTHONY NGUYEN; and DOES 1-10 .lectronically Filed y Superior Court of CA, .ounty of Santa Clara, n 11/24/2020 4:00 PM .eviewed By: R. Tien :ase #20CV373992 .nvelope: 5360198 OFHI'I'I n- C'VIL CASE COVER SHEET Complex Case Designation CASE NUMBER:E Unlimited [E Limited _ ZOCV373992 (Amount (Amount E Counter E] Jomder 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: M39 Tort Contract Provisionally Complex Civil LitigationE Auto (22) E Breach of contract/warranty (06) (Cal. Rules 0f Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) E AntitrustlTrade regulation (O3) I Other PIIPDNVD (Personal lnjurylProperty E Other collections (09) E Construction defect (10) gigageNVrongful Death) Tort D insurance coverage (1 8) D Mass tort (40)D ASbeStOS (04) E Other contract (37) E Securities litigation (28)D ProdUCt "abmty (24) Real Property E EnvironmentallToxic tort (30)D Medical malpramice (45) ‘ E Eminent domainl'nverse E lnsufance coverage claims arising from theE Other PIIPDNVD (23) condemnation (14) above listed provisionally complex case Non-PI/PDIWD (Other) Tort E Wrongfu' GViction (33) types (41)E Business tort/unfair business practice (07) E Other real proPe'W (26) E"f°'°°me“t °f JUdgment E] Civil rights (08) Unlawful Detainer E Enforcement ofjudgment (20)E Defamation (13) E CommefCial (31) Miscellaneous Civil ComplaintE Fraud (16) E Residential (32) E NCO (27)E 'ntelleCtual PTOPGITY (1 9) E Drugs (38) E Other complaint (not specified above) (42)E Professional negligence (25) Judicia' ReView Miscellaneous Civil Petition [j Other "on'PVPD/WD tort (35) D Asset fo'feiture (05) D Partnership and corporate governance (21) Employment E Petition re: arbitration award (1 1) E Other petition (not specified above) (43)E Wrongful termination (36) D Writ of mandate (02)E Other employment (1 5) 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. E3 Substantial amount of documentary evidence f. D Substantial postjudgmentjudicial supervision Remedies sought (check all that apply): a.- monetary um nonmonetary; declaratory or injunctive relief c.E punitive Number of causes of action (specify): 2 3 4. 5. This case D 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 CM-015.) D-ate; November 23, 2020 ’ WM g David C. McGaffey (TYPE OR PRINT NAME) (SIGNATURE OF PARTY 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, orWelfare 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. 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 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. Page 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3740; Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10 CM-010 [Rev. July 1, 2007] INSTRUCTIONS 0N How To COMPLETE THE COVER SHEET CM'°1° 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. 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 m'ore than $25,000, exclusive Qf 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 DamageNVrongful Death Uninsured Motorist (46) (if the case involves an uninsured moton'st claim subject to arbitration, check this item instead of Auto) Other PIIPDMID (Personal Injury! Property DamageNVrongful Death) Tort 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 Malpractice Other PI/PDNVD (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 PI/PDNVD Non-PIIPDNVD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (1 3) Fraud (1 6) Inteilectual Property (1 9) 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-O10 [Rev‘ July 1, 2007] CASE TYPES AND EXAMPLES Contract Breach of ContractIWarranty (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 ContractIWarranty Collections (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/lnverse 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, 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 (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 Rules 3.400-3.403) AntitrustlTrade 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) (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 Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only lnjunctive Relief Oniy (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 Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2
