Civil Case Cover Sheet

Cal. Super. - 6th Dist.March 17, 2021

CM-010 FAx NO (408) 362-2299 CASE NAME: Bank of America, N.A. v. CHI THI QUE LUONG ATTQRNEY QR PARTY wlTHDUT ATTQRNEY /Name, state scr ccmder, and cddreccl Hunt 8, Henriques, Attorneys at Law Donald Sherrill ¹266038 j j Anthony DiPiero ¹268246 7017 Realm Dr., San Josg CA 95119 TELEPHONE NO (800) 680-2426 ATTORNEY FOR INcmci Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND zip CODE San Jose CA 95113 BRANCH NAIVIE Downtown Supenor Coult FOR COURT USE ONLY CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER~ Unlimited C}Q Limited (Amount (Amount Counter ~ Joinder 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 I-5 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 Auto (22) Breach of contract/warranty (06) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Constructfon defect (10) Mass tort (40) Secuntfes ktfgatlon (28) Environmental/Toxic tort (30) Insurance coverage claims anslng from the above listed provlsiona¹y complex case types (41) Enforcement of Judgment Enforcement of Iudgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (nor spec/fied above) (42) Miscellaneous Civil Petition Pannershlp and corporate governance (21) Other petition (nof specl¹ed above) (43) HG Rule 3.740 collections (09) Other collections (09) Insurance coverage (18) Other contract (37) Real Property Eminent domain/Inverse Unfnsured Motonst (46) Other Pl/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort Asbestos (04) Product kability (24) Medical malpractfce (45) c"ndemnason (14) Wrongful evfctfon (33) Other real property (26) Unlawful Detainer Commercial (31) Residential (32) Drugs(38) Judicial Review Other P!IPDIW 0 (23) Non-Pl/PD/WD (Other) Tort Business tort/unfair busfness practice (07) Civil nghts (08) Defamation (13) Fraud (16) Intellectual property (19) Professional negligence (25) Other non-Pl/PD/WD tort (35) Employment Wrongful termfnation (36) Other employment (15) Asset forfefture (05) Petition re: arbftration award (11) Writ of mandate (02) Other Iudfaal review (39) Date: March 11, 2021 CIVIL CASE COVER SHEET 2. This case M is LXJ fs 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. ~ Extensfve motion practfce rafsing difficult or novel e. ~ Coordinatfon and 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. M Substantial postjudgment judicial supervision 3. Remedies sought (checks/I thar apply)l a. [Z monetary b. 2] nonmonetary; declaratory or injunctive relief c.~ punitive 4. Number of causes of action (spealy): 1 5. This case ~ is DH fs not a class actfon suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015) Anthonv DiPlero ¹?RRP46 NOTIC~ ~ plaintiff must file this cover sheet with the ffrst paper filed In the action arpmoceedfng (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 flic may result in sanctions. ~ File this cover sheet In addition to any cover sheet required by local court rule. 4 If this case is complex under rule 3.400 et seq. of lhe 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 shall be used for statistical purposes only. Parle I of 2 Cal Rvfec Of Cduh, rules 2 30, 3 220, 3 400-3 403, 3 740, Ccl Standards of Jcdtckcf Adc: 0',4¹avcc, 3rd 3 lc mcw.cc rrcfc cc gcc 1448694.001 21CV378939 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 10:13 AM Reviewed By: R. Guillermo Case #21CV378939 Envelope: 6050287 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are fihng a first paper (for example, a complaint) m a ciwl case, you must complete and file, along with your first paper, the Ciw/ Case Cover Sheet contamed on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items I through 6 on the sheet. In item I, you must check one box for the case type that best descnbes 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 mdicates 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 m 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, arismg from a transaction in which property, services, or money was acquired on credit. A col!actions 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 rufes, unless a defendant files a responsive pleading. A rule 3.740 collections case will be sub)act to the requirements for serwce and obtaining a judgment m 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 Inlury/Property Damage/Wrongful Death Uninsured Motorist (46) (I/ the case involves an umnsured molonsf claim 000/ecf fo arbitration, check this //em instead 0/ Auto) Other Pt/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Inlury/ Wrongful Death Product Liability /no/ ashes/os or tome/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians 8 Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) premises Liability (e.g., slip and fall) Intentional Boddy Inlury/PD/WD (e.g., assault, vandalism) Intentional Infkction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/I/VD Non-Pl/PD/WD (Other) Tort Business ToryUnfair Business Practice (07) Civil Rights (e.g., discnmination, false arrest) (nof civi/ harassment)(08) Defamation (e.g, slander, libeg (1 3) Fraud (16) Intellectuaf Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (nof medics/ or lega/) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-0/0 Iney July i, 2007I CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (nor unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (nof fraud or negkgence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Coilectione (e.a, maney Owed. open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally comp/ex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation(14) Wrongful Evict~on (33) Other Real Property (e g, quiet title) (26) Writ of possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (nor eminent domain, /snd/oro'//enanl, or /orecfosure) Unlawful Detainer Commerwal (31) Residential (32) Drugs (38) (// Ihe case involves i/legal drugs, check this item, otherwise, report as Commercial or Res/den/is/) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Wnt of Mandate (02) Writ. Administrative Mandamus Wnt-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judiwal Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rule 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Secunties Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (ar/s/ng from prov/sions//y comp/ex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic re/sf/one) Sister State Judgment Administrative Agency Award (no/ unpaid taxes) Petition(Certification of Entry of Judgment on Unpaid Tsx Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (nof spew/red abave) (42) Declaratory Relief Only Injunctive Relief Only /non- harassment) Mechanics Lien Other Commeraal Complaint Case (non-for//non-complex) Other Civd Complaint /non-/orr/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above)(43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief fram Late Claim Other Civil Petition Pege 2 of 2 1448894.001