Civil Case Cover Sheet

Cal. Super. - 6th Dist.January 15, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/15/2021 4:03 PM Reviewed By: R. Tien Case #21CV376337 Envelope: 5655723 21CV376337 CM-01 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY JACK H. POGOSIAN, State Bar NO.: 30574] / MANASI TAHILIANI, State Bar No.1 27282] / CHRISTINA ARNOLD, State Bar No.2 297590 / HYO JIN JULIA JUNG, State Bar No.1 316090/ MELINE GRIGORYAN, State Bar No.1 321 133 / CAROLINA PINHEIRO, State Bar No.2 259875 l NICHOL ALAN DE GUZMAN, State Bar No.2 314989 MIDLAND CREDIT MANAGEMENT, INC. 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 TELEPHONE NO.: (866) 300-8750 FAX No.2 (858) 309-1588 ArrORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: MAILING ADDRESS: I91 N. FIRST ST CITY AND ZIP CODE: SAN JOSE, CA 951 13 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND CREDIT MANAGEMENT, INC. VS. RENEE SERRANO C|V|L CASE COVER SHEET Complex Case Designation CASE NUMBER: D Unlimited Case E Limited Case D COUNteI’ D Joinder (Amount demanded (Amount demanded Filed with first appearance by defendant JUDGE: exceeds $25,000) is $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 Tod Contract Provisionally Complex Civil Litigation Auto (22) D Breach of contract/warranty (06) Eal. Rules of Court, rules 3.400-3.403) D Uninsured motorist (46) E Rule 3.740 collections (09) AnmrUSt/Trade regu'aflon (03) Other PIIPDNVD (Personal Injury/Properly D Other collections (09) D cons‘ruc‘ion de'e‘“ (10) DamageNVrongful Death) Tort D insurance coverage (18) D Mass tort (40) Asbestos (o4) D Other contract (37) D Securities Iitigafion (28)D PrOdUC‘ “ab“ity (24) Real Property D Environmental/Toxic ton (30)D Medical malpraCfiCG (45) Eminent domain/lnverse condemnation (14) D Insurance coverage claims arising from theD Other PI/PD/WD (23) ’ Wrongful eviction (33) fyb‘;f(fls1t)ed D'OV‘Sima'W ”mime" case Non-PIIPDIWD (omen Ton D Other real pmpeny (26) Enforcement of Jud ment Business tort/unfair business practice (07) Unlawfm Detainer Enforcemem 0f judggmem (20) E CW" rights (08) E commemal (31) Miscellaneous Civil Complaint Defamation (1a) Residential (32) D Rico (27)D FraUd (16) D Drugs (38) D Othercomplaint (notspecified above) (42)D '"tenecma' pmpeny (19) JUdiCia' REVieW Miscellaneous Civil PetitionD PrOfGSSional negligence (25) Asset forfenure (05) D Partnership and corporate governance (21)D ome" non‘PI/PD/WD ‘0” (35) D Petition re: arbitration award (H) D Other petition (notspecified above) (43) Employment D Writ of mandate (02) Wrongful termination (36) D Other judiciau review (39)D Other mloymenfim) 2. This caseD is Eis 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. 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 sta‘es, or countries or in a federal court c. D Substantial amount of documentary evidence f. D Substantial post judgment judicial supervision 3. Remedies sought (check all thatapply). a. g monetary b. D non monetary; declaratory orinjunctive relief c. D punitive 4. Number of causes of action (specify): ONE 5. This case Dis gis not a class action suit. 6. If there er? known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: £0 JAC H. POGOSIAN/ MANASI TAHILIANI CHRISTINA AHNOLD/ HYO JIN JULIA JUNG MELINE GRIGORYAN CAROLINA PINHEIRO WNICHOL ALAN DE GUZMAN > (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 local court 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 'A'dopted fo_r Mandzgtory Use CIVIL CASE COVER SHEET CaI. HuIes of Coun, rules 231023.220, 3300-3403, 3‘740;JUdlC'a' COUNC'I 0f cal'fom'a Cal. Standalds of JudICIal Admlnls‘rauon, std. 3.10 CM-O10 [Rev. July 1, 2007] CA_OlOOG File No.2 20-269815 CM-O1O INSTRUCTIONS 0N 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 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 t0 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 Sheetto 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 t0 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)-Persona| lnjury/Property DamageNVrongful Death Uninsured Motorist (46) (If the case involves an uninsured motorist CIaim subject to arbitration, check this item instead of Auto) Other Pl/PDNVD (Personal lnjury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos 0r toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDNVD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/WD Non-PIIPDNVD (Other) Tort Business Ton/Unfair Business Practice (O7) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical or legal) Other Non-PI/PD/WD Ton (35) Employment Wrongful Termination (36) Other Employment (1 5) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentaI/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 Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (notprovisiona/ly 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., quite title) (26) Writ of Possession 0f Real Property Mortgage Foreclosure Quite 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, repon‘ as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (O2) 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 Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrustfrrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic 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 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-comp/ex) Other Civil Complaint (non-tod/non-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (notspecified 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-O1O [Rem July 1, 2007] CA_0100G File N0.: 20-269815 CIVIL CASE COVER SHEET Page 2 of 2