Civil Case Cover Sheet

Cal. Super. - 6th Dist.March 11, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/11/2021 10:21 AM Reviewed By: V. Taylor Case #21CV378951 Envelope: 6012525 21CV378951 CM-01O ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name. state bar number. and address): FOR COURT USE ONLY GEORGE APOSHIAN, ESQ. , Bar #303238 // LAURA M. D’ANNA, ESQ” Bar #266113 PATENAUDE & FELIX, A. ?.C. 6800 Owensmouth Avenue, Suite 290 Canoga Park, CA 91303-4216 - TELEPHONE NO: 866-784-8084 FAX NO.: 818-906-7944 ATTORNEY FOR (Name): Plaintiff FILE N0.: 19-10303-0 SUPERIOR COURT OF CALlFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: l9] N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose. 951 l3 BRANCH NAME: SANTA CLW~.FACILITY LTD. ClV. CASE CASE NAME: CAPITAL O_NE BANK (USA), N.A. vs. STERLYNG Z MARIS CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: D Unlimited Limited D Counter D Joinder (Amount (Amount JUDGE: demanded demanded is Filed with first appearance by defendant ' exceeds $25.000) $25.ooo or less) (cal. Rules of Court. rule 3.402) DEPT- ltems 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 Civil Litigation D Auto (22) D Breach of contracflwarranty (06) (Cal. Rules of Court, rules 1800-1812)D Uninsured motorist (46) E Rule 3.740 collections (09) D Antitrust/Trade regulation (03) Other PIIPDIWD (Personal Injurylproperty D Other Collections (09) D Construction defect (10) DamageNvlrongful Death) Tort D Insurance coverage (18) D M855 PIT (49) . D Asbestos(o4) D Othercontract(37) El SecyrltlesIItlgatIoanS) D ProductLiability (24) Real Property D Envnronmental/Toxmtor't(30)'l _ E] Medical malpractice (45) D Eminent domain/lnverse D lnsurancle coverageICIaIms arISIng from the a Other pupD/WD (23) condemnation (1 4) above listed prOVISIonally complex case Non-Pupwwn (0ther)Tort D Wrongfuleviction(33) tVPeSW) D Business tortlunfair business practice (07) D Other real property (26) Enforcement of Judgment D Civil rights (08) Unlawful Detainer III Enforcement ofiudgment (20) U Defamation (13) D Commerical (31) Miscellaneous Civil Complaint D Fraud (16) D Residential (32) D RICO (27) D Intellectual PTOPefty (19) . D Drugs (38) U Other complaint (not specified above) (42) D meess'ona' "egl'gence (25) Judicial ReView MiScellaneous Civil Petition ‘D Other "on'PUPD/WD tort (35.), D Asset forfeiture (05) D Partnership and corporate govername (21) Employment D Petition re! arbitration aWard (1 1) D Other petition (not specified above) (43) D Wrongful termination (36) D writ of mandatelmz) D Other employment (15) D Othe'r judicial review (39) 2. This case D is 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. D Large number of separately represented parties d. D Large number of witnesses b. D Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more issues that will be time-consuming to resolve ‘ courts in other counties, states or countries. or in a federal court c. D Substantial amount of documentary evidence f. D Substantial post-judgment judicial supervision Type of remedies sought (check all that apply): a. monetary b.D nonmonetary; decla : or injunctive relief c. D punitive Number of causes of action (specify): 1 This case D is E is not a class action suit. if there are any known related cases, file and serve a notice of related case. (You m 9.01.455” Date: March 8. 2021 GWWLAURA M. D’ANNA (Type or Prim Name) (SIGNATURE 0F PARTY 0R ATTORNEY FOR PARTY) NOTICE oPlaintiff 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, orWeIfare 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. olf 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. oUnIess this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. ragga 1 or 2 Form Adopted ror Mandamry Use CIVIL CASE COVER SHEET . Camnes orCoun. rules 2.30. 3.220. 3.400-3.403.1740; Judicial Council ofCalifom‘m ' Cal. Standards ofJudicial Administration. std. 3. 10 CM-O I 0[Rcv. July l. 20071 \nx-“zcouninfoxa.gnv INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-O10 To Plaintiffs and Other 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 Sheer contained on page 1. This information will be used t0 compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheeL 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 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 t0 sanctions under rule 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 0f personal property, 0r (5) a prejudgment writ of attachment. The identification 0f a case as a rule 34740 collections case 0n 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 3,7404 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‘ 1f 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. lf 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 n0 designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Property DamagefWrongful Death Uninsured Motorist (46) (ifthe case involves an uninsured motoris! claim subject to arbitration, check this item instead ofAuro) Other PIIPDIWD (Personal Injury! Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury] Wrongful Death Prod uct Liability {nor asbestos or toxic/environmenral) (24) Medical Malpractice (45) Medica! Maipraclice- Physicians a Surgeons Other Professiona! Heaith Care Malpractice Other PI/PDIWD (23) Premises Liability (e.g.. slip and fall) In{entional Bodily Injury/PD/WD (9.9., assault. vandalism) Intentional Infliction of Emotional Distress Negligent Infliclion of Emofional Distress Other Pl/PD/WD Non-PIIPDIWD (Other) Tort Business TonJUnfair Business Practice (O?) 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 (nor medical or legal) O‘her Non-Pl/PDAND Tort (35) Employment Wrongful Termination (36) Other Employment (15) 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 (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of ContracL/Warranty Collections (e.g.. money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Coilections Case Insurance Coverage (nor provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractua! Fraud Other Contract Dispuke Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (eVg. quiet title) (26) Writ of Possession of Real Properly Mortgage Foreclosure Quiet Title Other Real Property (nor eminent domain, fand/ordfrenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if(he case involves illegal drugs, Check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Coun 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) Antitrusthrade Regulation (03) Construction Defect {10) Claims Invoiving Mass Tort (40) Securities Litigation (28) Environmental/Toxlc Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) {41) Enforcementof Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domesrfc relah’ons) Sister State Judgment Administrative Agency Award (not unpaid taxes) PetitionfCenification of Entry 0f Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (nor specified above) (42) Declaration Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint ‘ Case (non-rort/non-compiex) Other Civil Complaint (non-rorflnon-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition {nor specified above) (43) Civil Harassmem Workplace Violence EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petllion CM-O1O [Rev July 1, 2007] CIVIL CASE COVER SHEET Page 2 of 2