Civil Case Cover Sheet

Cal. Super. - 6th Dist.February 9, 2021

CM-01 0 ATTORNEY 0R PAR‘n’VmHouT ATTORNEY (Name, State Bar numoa, and address) Fan coun‘r use ouv - Your LegalNamo: Whfi-C NW? S\\V0\ YourAddress: 3%0 WVlCA five W?“ San JDS‘C CA qfil'zg TELEPHONE NO. FAX NO. moanmoamame; Self-Represented F I L ESUPERIOR count 0F CALIFORNIA. couyrv 0F Santa ClaraSTREET ADDRESS 191 North Flrst Street MNLINGADDRESS 191 North First Street FEB " 9 2021 curvmoznp cooe s_al‘! Jose, CA 95113 BRANCH NAME CIVII Courthouse C'er o the Court EN; CASE NAME- SuperiorCO ot Co my oi #MNGUY‘ nHecga Su \wx vs. Ochoa BY Dem, .v CIVIL CASE COVER SHEET Complex Case Designation CASE Nuns V 5Unlimited D Limited . 2 1 c H 00 98 5 (Amount (Amount D Counter D Jounder demanded demanded is Filed with first appearance by defendant JUDGE 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 Clvll Litigation Auto (22) Breach of contractlwarranty (06) Cal. Rules of Court, rules 3400-3403) Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other collections (09) Construction defect (10) Other PllPD/WD (Personal InjurylProperty 'nsurance coverage (18) Mass ton (40) DamageIWrongful Death) Tort . . ‘ . . Other contract (37) Securities Imgatlon (28) Asbestos (04) ‘ . . . , EnvnronmentallTOXIc ton (30) Product Ilablllty (24) Real Property . . . V ‘ ‘ . Insurance coverage claims ansmg from the Medical malpractice (4S) a Emlnenl domaIn/lnverse above listed rovisionafly com 'ex case omer PI/PD/wo (23) condemnation (14) p p Wrongful eviction (33) types (41) Other real property (26) Enforcement of Judgment Enforcement of judgment (20) Non-PIIPDIWD (Other) Ton Business tortlunfair business practice (O7) Civil rights (08) Unlawful Detalner Defamation (13) Commercial (31) Miscellaneous Clvll Complaint Fraud (16) Residential (32) B RICO (27)Intellectual property (19) Drugs (38) Other complaint (not specified above) (42) gzzfeersjgfiapllrpegxgveonfgéigg Judicial Review Miscellaneous. Clvll Petition Asset forfeiture (05) Partnership and corporate governance (21) Employment Petition re: arbitration award (11) a Other petition (no! specified above) (43) Wrongful termination (36) Writ of mandate (02) Other employment (1 5) Other judicial review (39) 2. This case D is m 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. 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. or in a federal court c. D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision Remedies sought (check all thatapply): a. D monetary b.m nonmonetary; declaratory or injunctive relief c. D punitive Number of causes of action s ecify): This case D is fl 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: RD 0% 337A . 33. 95 Joseme fifiequm Suva ’ ,rgggm $5NAME) J NOTICE o Plaintiff must file this cover sheet with the first paper fiIed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court. rule 34220.) Failure to file may result in sanctions. o File this cover sheet in addition to any cover sheet required by local court rule. o If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other panies to the action or proceeding. o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. 9’??? Page 1 of 2 FormA led! M ndat U . Cd. Rul {Court ru 2.30. 3.220. 3.4004403 3.740. ugg$d°§umf§1 ?aahfig s. go) mm“ CIVIL CASE COVER SHEET Cissolandards ofejudlud Admnstrau‘on. std 3‘10 av. J y .2 7] fl mm "ms... wwwoounmfocagov KOHC/IMK l/a /3) CM-010 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 pafper, the Civil Case Cover Shea! contained on page 1. This information will be used to compile statistics about the types and numbers o cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case pe 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 speci c 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 mone was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2 punitive damages, ( ) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. he 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 co lections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In comfilex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes t e 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. Auto Tort Auto (22)-Personal Injury/Propeny DamageNVrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration. check (his item instead of Auto) Other Pl/PDIWD (Personal Injury] Property Damago/Wrongful Death) Ton Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (no! asbestos or toxic/envimnmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians 8. Surgeons Other Professional Health Care Malpractice Other Pl/PDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDIWD (e.g., assault. vandalism) Intentional lnfliction of Emotional Distress Negligent Infliction of Emotional Distress Other PllPD/WD Non-PIIPDIWD (Other) Tort Business TortlUnfair Business Practice (07) Civil Rights (e.g.. discrimination. false arrest) (no! civil harassment) (08) Defamation (e.g.. slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (no! medical or legal) Other Non-PI/PDNVD Ton (35) Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentaIlLease Contract (no! unlawful detainer or wrongful eviction) ContracWVarranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach o! Contract! Warranty Other Breach of Contract/Warranty Collections (e.g.. money owed. open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not pmvisionally complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g.. quiet title) (26) Wn‘t of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlordnenant, or foreclosure) Unlawful Detalnor Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs. check this item; otherwise, report as Commercial or Residential) Judicial Revlew Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Wn't-Other Limited Coun Case Review Other Judicial Review (39) Review 01 Health Officer Order Notice of Appeal-Labor Commissioner Appeals Provisionally Complex Clvll Litigation (Cal. Ruins of Court Rules 3.4006403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Ton (40) Securities Litigation (28) Environmental/Toxic Ton (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 Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Reliet Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-ton/non-complex) Miscellaneous Clvll Petltlon 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 CM-O10lRev. July 1‘ 2007] c V mm”,- [SSIIMI WINS" CIVIL CASE COVER SHEET Page 2 o! 2