Civil Case Cover SheetCal. Super. - 6th Dist.March 17, 2021ATTORNEY OR PARTY wlTHOUT ATTORNEY (Name. Slala Baca mcar, acd address) Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 j I Kevin Brendon Buiza ¹31 8691 7017 Realm Dr., San Joe& CA 95119 TELEPHONE NO (800) 680-2426 Fax No (408) 362-2299 ATTORNEY Fon (Namal Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDRESS 191 NoAh First Street MAILiNG ADDRESS GITY AND zip coDE san Jose DA 95113 BRANGH NAME Downtown Supenor Court CASE NAME: Bank of Amenca, N.A. v MINERVA G NUQUI CM-010 FOR COURT USE ONL Y I CASE NUMBER JUDGE DEPT. on paqe 2). Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims ansing from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of)udgment (20) lllliscellaneous Civil Complaint RICO (27) Other complaint (no( specified Shove) (42) Miscellaneous Civil Petition Partnership end corporate governance (21) Other petition Inol specified shove/ (43) of Court. If the case is complex, mark the d. ~ Large number of witnesses e. ~ Coordination and related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. M Substantial postjudgment judimal supervlslon b. ~ nonmonetary; declaratory or injunctive relief c.~punitive form CM-015) CIVIL CASE COVER SHEET Complex Case DesignationC] Unlimited ~X Limited (Amount Counter ~ Joinder demanded demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) i (Cal. Rules of Court, rule 3.402) Items 1-5 be/oyv must be completed (see instructions 1. Check one box below for the case type that best describes this case: Auto Tort Contract Auto (22) Breach of contract/warranty (06) Uninsured Motorist (46) QE Rule 3.740 collections (09) Other Pl/PD/WD (Personal Injury/property ~ Other collections (09) Damage/Wrongful Death) Tort Insurance coverage (18) Asbestos (04) Other contract (37) Product liabihty (24) Real Properh( Medical mafpractice (45) Eminent domain/Inverse Other PI/PD/WD (23) condemnason (14) Non-Pl/PD/WD (Other) Tort Wrongful eviction (33) Business tort/unfair business practice (07) t ] Olher real ProPerty (26)Cl Civil rights (08) Unlawful Detainer Defamation (13) Commerwal (31) Fraud (16) Residential (32) Intellectual property (19) Drugs (38) Professional negligence (25) Judicial Review Other non-Pl/PD/WD tort (35) Asset forfeiture (05) Employment Petition re: arbitration award (11) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other iudlcial review (39) 2. This case ~ is LXJ is not complex under rule 3,400 of the California Rules factors requiring exceptional judicial management: a. ~ Large number of separately represented parties b. ~ Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c. ~ Substantial amount of documentary evidence 3. Remedies sought (check a/I that app/y): a. QQ monetary 4. Number of causes of action (specify)I 1 5. This case ~ is DPI 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 Date: March 11, 2021 Kevin Rrl.nrtnn Buiza ¹31R691 Form Adopted for Macdatcn Usa Jcd c al Caecal of Calilcicia cM 01 0 [Ray July I, 20071 ~ Plaintiff must tile this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases flied under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result m 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 the Cahfornia Rules of Court, you must serve a copy of this cover sheet on al! 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. Pails I of 2 CIVIL CASE COVER SHEET Cal Rules of Court, re(as 2 30. 3 220, 3 400-3.403, 3 740,Cal Standards of Judicial Adm cia(relics, atd 3 10 w cccmc(c ca.pcy 1 448730.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 10:13 AM Reviewed By: N. Christopherson Case #21CV378945 Envelope: 6050288 21CV378945 CIN-010 INSTRUCTIONS ON HOW TO GOIIIIPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a compiarnt) 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 I through 6 on the sheet. In item I, you must check one box for the case type that best describes the case. It the case fits both a general and a more specific type of case listed in item 1, check the more spectfic 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 rn item I are prowded below. A cover sheet must be filed only wtth your initial paper. Failure to file a cover sheet wtth the first paper filed in a ctwl case may subiect 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, serwces, or money was acquired on credit. A collections case does not include an action seeking the following: (I) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a preiudgment 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-serwce 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 serwce 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 belteves 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 I and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complamt on aff parttes to the action. A defendant may file and serve no later than the time of its first appearance a ioinder in the platntiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designatton, a designatron that the case is complex Auto Tort Auto (22)-Personal injury/Property Damage/Wrongful Death Uninsured Motonst (46) (r/ the case involves an unrnsured molonst claim svb/ecr ic arlxlrst/on, check this Jtem instead c/ Auto/ Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Iniury/ Wrongful Death Product Liabgity (not asbestos or toxrc/envrronmsnisij (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Healih Care Malpractice Other Pl/PD/WD (23) premises Liabikty (e.g., slip and fall) Intentional Bodily Iniury/PD/WD (e g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., dkscnmmatton, false arrest) (not wvi I hsrsssmentj(08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negkgence (25) Legal Malpractice Other Professional Malpractice (rrct mad/ca/ or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-010 [neu July I, 2csyi CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rentai/Lease Contract (not unlawful detainer or wrongful evrc/rcnj Contract/Warranty Breach-Seller Ptarntiff (nci 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 /noi provrsrons//y complex/ (18) 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) Wnt of Possession of Real Property Mongage Foreclosure Quiet Title Other Real Property (nol eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commeroal (31) Residential (32) Drugs (38) (ri the case rnvcives riiegs/ drugs, check this item; otherwise, rspcrr as Commercial or Res/denirs/j Judicial Review Asset Forteiture (05) Petition Re: Arbitration Award (11) Wnt of Mandate (02) Wnt-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judrdal 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 (sr/srng from provisrons//y complex case fype listed sbcvej (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic re/strons/ Sister State Judgment Administrative Agency Award (not unpaid taxes) petition/Certification of Entry ot Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (noi specr/ied above/ (42) Declaratory Relief Only Iniuncttve Relief Only (non- harassment) Mechanics Lien Other Commeroai Compfaint Case (non-/crt/ncn-complex/ Other Civil Complaint (ncn-Iorr/non-comp/exj Slisceffaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not spsofisd above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change petition for Rekef from Late Claim Other Civil Petition Page 2 er 2 1448730.001