Civil case cover sheet

Cal. Super. - 5th Dist.August 24, 2021

DEPT : CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Amy R. Lovegren - Tipton SBN 258697 Law Office ofAmy R. Lovegren-Tipton, APLC 5703 N. West Ave, Suite 103 Fresno, CA 93711 TELEPHONE NO.: (559 ) 421-9137 FAX NO .: (559) 921-4333 ATTORNEY FOR (Name): Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS: 1130 " O " Street MAILING ADDRESS: 1130 " O " Street CITY AND ZIP CODE: Fresno, 93721 BRANCH NAME: B.F. Sisk - Civil Unlimited CASE NAME: Janet Hernandez et al v . Maria Teresa Navarro et al . CASE NUMBER :CIVIL CASE COVER SHEET Complex Case Designation ✓ Unlimited Limited Counter Joinder (Amount (Amount JUDGE: demanded demanded is Filed with first appearance by defendant exceeds $25,000 ) $25,000 or less) (Cal . Rules of Court, rule 3.402 ) 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) Rule 3.740 collections (09) Antitrust/ Trade regulation (03) Other PI/PD /WD (Personal Injury /Property Other collections (09) Construction defect ( 10) Damage /Wrongful Death ) Tort Insurance coverage ( 18) Mass tort (40 ) Asbestos (04) Other contract (37) Securities litigation (28) Product liability (24) Real Property Environmental/ Toxic tort (30) Medical malpractice (45) Eminent domain /Inverse Insurance coverage claims arising from the Other PI/PDWD (23) condemnation ( 14) above listed provisionally complex case Non -PI/PD /WD (Other) Tort Wrongful eviction (33) types (41 ) Business tort /unfair business practice (07) Other real property (26) Enforcement of Judgment Civil rights (08 ) Unlawful Detainer Enforcement of judgment (20) Defamation ( 13) Commercial ( 31 ) Miscellaneous Civil Complaint Fraud ( 16) Residential (32 ) RICO (27 ) Intellectual property ( 19) Drugs (38 ) Other complaint (not specified above) (42 ) ✓ Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non -PI/PD /WD tort (35 ) Asset forfeiture ( 05 ) Partnership and corporate governance (21 ) Employment Petition re : arbitration award (11 ) Other petition (not specified above) (43) Wrongful termination (36) Writ of mandate (02) Other employment ( 15 ) Other judicial review (39 ) 2. This case 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 : 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 Substantial amount of documentary evidence f . Substantial postjudgment judicial supervision 3. Remedies sought ( check all that apply ): a. V monetary by nonmonetary; declaratory or injunctive relief c . Õpunitive 4. Number of causes of action (specify ): 5 5. This case 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 .) Date : August 24 , 2021 Amy R. Lovegren - Tipton (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. • File this cover sheet in addition to any cover sheet required by localcourt 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 . Page 1 of 2 Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal . Rules of Court, rules 2.30 , 3.220 , 3.400-3.403, 3.740 ;Judicial Council of California Cal . Standards of Judicial Administration , std . 3.10CM -010 [Rev. July 1 , 2007] www.courtinfo.ca.gov a . C. 飞 ) 21CECG02514 E-FILED 8/24/2021 4:40 PM Superior Court of California County of Fresno By: Sergio Lopez, Deputy 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 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 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 plaintiffs 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. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal . Auto (22)-Personal Injury /Property Breach of Contract /Warranty (06) Rules of Court Rules 3.400- 3.403) Damage /Wrongful Death Breach of Rental/Lease Antitrust/ Trade Regulation (03) Uninsured Motorist (46) (if the Contract ( not unlawful detainer Construction Defect ( 10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach -Seller Securities Litigation ( 28) arbitration, check this item Plaintiff (not fraud or negligence) Environmental /Toxic Tort (30) instead of Auto ) Negligent Breach of Contract/ Insurance Coverage Claims Other PI/PD /WD (Personal Injury! Warranty ( arising from provisionally complex Other Breach of Contract /Warranty case type listed above ) (41)Property Damage /Wrongful Death) Tort Collections (e.g. , money owed , open Enforcement of Judgment Asbestos (04) book accounts ) (09) Enforcement of Judgment ( 20) Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injuryl Other Promissory Note /Collections County ) Case Confession of Judgment (nonWrongful Death Insurance Coverage (not provisionally domestic relations)Product Liability (not asbestos or toxic /environmental) (24) complex) ( 18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petition /Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of JudgmentCaseOther PI/PDIWD (23) Real Property Premises Liability (e.g. , Slip Eminent Domain /Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury /PDMD Wrongful Eviction (33) Other Complaint (not specified above) (42)(e.g. , assault , vandalism) Other Real Property (e.g. , quiet title) (26) Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only Injunctive Relief Only (noEmotional Distress Mortgage Foreclosure harassment)Negligent Infliction of Quiet Title Mechanics LienEmotional Distress Other Real Property (not eminent Other Commercial ComplaintOther PI/PD /WD domain , landlord /tenant, or Case (non - tort/non - complex)Non -PI/PD /WD (Other) Tort foreclosure ) Other Civil ComplaintBusiness Tort /Unfair Business Unlawful Detainer (non -tort/non -complex)Practice (07 ) Commercial ( 31 ) Miscellaneous Civil Petition Civil Rights (e.g. , discrimination, Residential ( 32 ) Partnership and Corporatefalse arrest) (not civil Drugs (38) ( if the case involves illegal Governance (21 )harassment) (08 ) drugs, check this item ; otherwise , Other Petition (not specifiedDefamation (e.g. , slander , libel ) report as Commercial or Residential) above ) (43)( 13) Judicial Review Civil Harassment Fraud ( 16 ) Asset Forfeiture (05) Workplace ViolenceIntellectual Property ( 19 ) Petition Re : Arbitration Award ( 11 ) Elder/Dependent AdultProfessional Negligence (25) Writ of Mandate ( 02 ) Abuse Legal Malpractice Writ - Administrative Mandamus Election Contest Other Professional Malpractice Writ -Mandamus on Limited Court Petition for Name Change( not medical or legal) Case Matter Petition for Relief From LateOther Non -PI/PD /WD Tort (35) Writ - Other Limited Court Case Claim Employment Review Other Civil Petition Wrongful Termination (36) Other Judicial Review (39) Other Employment ( 15) Review of Health Officer Order Notice of Appeal - Labor Commissioner Appeals CM-010 [Rev. July 1 , 2007] Page 2 of 2 CIVIL CASE COVER SHEET