Civil Case Cover Sheet

Cal. Super. - 6th Dist.March 2, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY WILLIAM R. McGEE SEN: 122153 DEANNA M. WALLACE SBN: 242825 KEVIN A. ALEXANDER IT SEN: 294308 16855 W. BERNARDO DRIVE, SUITE 380 SAN DIEGO, CA 92127 TELEPHONE NO.: (858)485-9332 FAX NO.: (858)4859763 ATTORNEY FOR (Name): ATTORNEYS FOR PLAINTIFF(S) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS:191 N. 1ST STREET MAILING ADDRESS: CITY AND ZIP CODE: SAN JOSE, CA 95113 BRANCH NAME: SUPERIOR COURT - DOWNTOWN CASE NAME: ECU TUNING GROUP v. PORSCHE CARS NORTH AMERICAi INC. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: FYI Unlimited LIII Limited [1111 Counter = Joinder JUDGE (Amount (Amount demanded demanded Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT IL'I1I0 10 Ll5ICJVV tIIUsL tJO uuiiipietrici i&C 1iIBE1UL11U11 (.111 peCJe U. Check one box below for the case type that best describes this case: Auto Tort Contract Auto (22) LI1 Breach of contract/warranty (06) LIII Uninsured motorist (46) Rule 3.740 collections (09) Other PI/PD/WD (Personal Injury/Property Other collections (09) Damage/Wrongful Death) Tort Insurance coverage (18) Asbestos (04) Other contract (37) Product liability (24) Real Property Medical malpractice (45) Eminent domain/Inverse Other PI/PD/WD (23) condemnation (14) Non-PI/PD/WD (Other) Tort Wrongful eviction (33) Provisionally Complex, Civil Litigation (Cal. Rules of Court, rules 3.400.3.403) Antitrust/Trade regulation (03) Construction defect (10) LIII Mass tort (40) LIII Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Business -------- -- II /flfl\ L_J Busines tort/unfair business practice (07) L___J JtI ItI real propel LY t°) Enforcement of Judgment Civil rights (08) Unlawful Detainer Enforcement of judgment (20) Defamation (13) LIII 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 LIII 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) This case L1IIIJ is is not complex under rule 3.400 of the California Rules of Court If the case is comniex mark th 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. LIII Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. M monetary b. nonmonetary; declaratory or injunctive relief c. = punitive 4. Number of causes of action (specify): ONE 5. This case = is F7X is not a class action suit. 6. If there are any known related cases, file and serve a notice of related cas 34 Date: 03/02/21 (TYPE OR PRINT NAME) (SIGi'ATURE OF PARTY OR ATTORNEY FOR PART • 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 RuIesof 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 lof2 rm Adopted for Mandatory Use - CIVIL CASE COVER SHEET Ijtl Cal. Ruies of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Judicial Council of California Solii. Cal Standards of Judicial Administration std 3.10 CM-01 0 [Rev. July 1 2007] p..., - - Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/2/2021 6:32 PM Reviewed By: D Harris Case #21CV378934 Envelope: 5949498 21CV378934 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 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 I 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 I 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 defamer Construction Defect (10) case involves an uninsured or wrongful eviction) Contract/Warranty Breach-Seller Claims Involving Mass Tort (40) motorist claim subject to arbitration, check this item Plaintiff (not fraud or negligence) Securities Litigation (28) Environmental/Toxic Tort (30) Negligent Breach of Contract/ instead of Auto) Warranty Insurance Coverage Claims Other PI/PD/WD (Personal Injury/ Other Breach of Contract/Warranty (arising from provisionally complex Property Damage/Wrongful Death) Collections (e.g., money owed, open case type listed above) (4 1) Tort book accounts) (09) Asbestos (04) Collection Case-Seller Plaintiff Enforcement of Judgment Asbestos Property Damage Other Promissory Note/Collections Enforcement of Judgment (20) Asbestos Personal Injury/ Case Abstract of Judgment (Out of Wrongful Death Insurance Coverage (not provisionally County) Product Liability (not asbestos or complex) (18) Confession of Judgment (non- toxic/environmental) (24) Auto Subrogation domestic relations) Medical Malpractice (45) Other Coverage Sister State Judgment Medical Malpractice- Other Contract (37) Administrative Agency Award Physicians & Surgeons Contractual Fraud (not unpaid taxes) Other Professional Health Care Other Contract Dispute Petition/Certification of Entry of Malpractice Real Property Judgment on Unpaid Taxes Other PI/PD/WD (23) Eminent Domain/Inverse Other Enforcement of Judgment Premises Liability (e.g., slip Condemnation (14) Case and fall) Wrongful Eviction (33) Miscellaneous Civil Complaint Intentional Bodily Injury/PD/WD Other Real Property (e.g., quiet title) (26) RICO (27) Writ of Possession of Real Property (e.g., assault, vandalism) Other Complaint (not specified Intentional Infliction of Mortgage Foreclosure Quiet Title above) (42) Emotional Distress Other Real Property (not eminent Declaratory Relief Only Negligent Infliction of domain, landlord/tenant, or Injunctive Relief Only (non- Emotional Distress foreclosure) harassment) Other PI/PD/WD Unlawful Detainer Mechanics Lien Non-PI/PD/WD (Other) Tort Commercial (31) Other Commercial Complaint Business Tort/Unfair Business Residential (32) Case (non-tort/non-complex) Practice (07) Drugs (38) (if the case involves illegal Other Civil Complaint (non-tort/non-complex) Civil Rights (e.g., discrimination, drugs, check this item; otherwise, false arrest) (not civil report as Commercial or Residential) Miscellaneous Civil Petition harassment) (08) Judicial Review Partnership and Corporate Defamation (e.g., slander, libel) Asset Forfeiture (05) Governance (21) (13) Petition Re: Arbitration Award (11) Other Petition (not specified Fraud (16) Writ of Mandate (02) above) (43) Intellectual Property (19) Writ-Administrative Mandamus Civil Harassment Professional Negligence (25) Writ-Mandamus on Limited Court Workplace Violence Legal Malpractice Case Matter Elder/Dependent Adult Other Professional Malpractice Writ-Other Limited Court Case Abuse Election Contest (not medical or legal) Review Other Non-PI/PD/WD Tort (35) Other Judicial Review (39) Petition for Name Change Employment Review of Health Officer Order Petition for Relief from Late Wrongful Termination (36) Notice of Appeal-Labor Claim Other Employment (15) Commissioner Appeals Other Civil Petition CM.DlO[Rev. July l,20071 CIVIL CASE COVER SHEET Page 2of2