Civil Case Cover Sheet

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

Ssn Jose CA 95113 Downtown S ups nor Court CASE NAME: TD BANK USA, N.A. v SILVIA RODRIGUEZTORRES ATTCRNEY OR PARTY iefTHOUT ATTORNEY (Nsms, Sfsts Bsr number bed sddmss/ Hunt & Henriques, Attorneys at Law Donald Shemll 2266038 j j Keri L. Salet 2318913 7017 Realm Dr., San Jose, CA 95119 TELEPHONE NO (800) 680-2426 FAx No (408) 362-2299 ATTORNEY FOR (Nsmef Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 Neith First Street MAILING ADDRESS CITY AND ZIP CODE BRANCH NAME FOR COURT l/SE ONL y CM-010 CIVIL CASE COVER SHEET Complex Case DesignationH Unlimited CXj Limited C t ~ J'd(Amount (Amount oun er Joinder demanded demanded fs Filed with first appearance by defendant exceeds $25,000) $25,000 orless) (Cal. Rules of Court, rule 3.402) DEPT Items 1 -5 be/ow must be completed /see instructions on paoe 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) Uninsured Motorist (46) DLI 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 liability (24) Real Property Medical malpractice (45) Eminent domain/Inverse Other PVPDA/VD (23) condemnation (14) Non-Pt/PD/WD (Other) Tort Wrongful eviction (33) Business tomunlair business practice (07) ~ Other real props y (26) Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Fraud (16) Residential (32) Intellectual property (19) Drugs (38) Professional negkgence (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 judicial review (39) 2. This case LJ is ~X is not complex under rule 3.400 of the Cafifornia Rules of Court. If the case is complex, mark the factors requinng 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 al/ that apply): a. C}Q monetary 4. Number of causes of action (spec//y): 1 5. This case ~ is DE is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. I'You may uye Lhrm CM-015) Date: March 11, 2021 ISIGNATUTIEOFFARTY OR ATTORNEY FOR PARTYI Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3v403) 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 judgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (nof specified above) (42) Miscellaneous Civil "etition Partnership an. corporate governance (21) Other petition (nof specified above) (43) 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. ~ Substantial postludgment judicial supervision b. ~ nonmonetary; declaratory or iniunctive relief c.M punitive Ken L. Salet ff318943 ITYPE OR PRINT NAME) Form Adcpfsd for Mscdslccr Uss Jc didst Ccucol of Csf fern 4 CM-010 [Rsv July I, 20071 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 siheet required by iocal court rule. 4 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 aff other parties to the action or proceeding. Unless this is a collections case undei rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. Pscs4 of2 CIVIL CASE COVER SHEET Csl Rclsscfcc rl, vfss230,3220,340OS403,3T40.Csl Slsbdsrds of Jcdlcisi Admic sfrsficc, std 3 10 p ccvdrcfc cs gcv 1430449.001 21CV378955 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 10:13 AM Reviewed By: R. Guillermo Case #21CV378955 Envelope: 6050286 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complamt) in a ciwi case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1 This mformation 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 hated 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 m 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 Cahfornia 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, serwces, 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 preiudgment wnt 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 obtaming 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 fife and serve no later than the time of its first appearance a loinder 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 uninsured mo/orrst claim sub/ec/ /o arbi/racon, che:k this item ms/cad of Auto) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Inlury/ Wrongful Death Product Liability (no/ asbestos or toxrryenvironmentaf) (24) Medical Malpractice (45) Medical Malpracgce- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Iniury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Inilicuon of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discnmination, false arrest) (nol civi/ harassment)(08) Defamation (e.g, slander, kbel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medica/ or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employ...ent (15) cu.ct0 lace July i, 20071 CASE TYPES AND EXAIyIPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (no/ unlawful detainer or wrong/u/ svic/ion) Contract/Warranty Breach-Seller Plaintiff (nof /rsud or neg/igence) 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 (not prowsiona//y comp/ex) (18) Auto Subrogation Other Coverage Giber contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation(14) Wrongful Eviction (33) Other Real Properly (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (no/ eminent domain, /snd/ord//enan/, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (I/ the case involves illegal drugs, check this item, otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Wnt of Mandate (02) Wrg-Administrative Mandamus Wnt-Mandamus on Limited Coun Case Matter Wnt-Other Limited Court Case Review Other Judiaal Review (39) Review ol Healt! 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) 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/Certrlrcation of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case aliscellaneous Civil Complaint RICO (27) Other Complaint /nol spear/ed above)(42) Declaratory Relief Only Inlunctive Reset Only (non- harassment) Mechanics Lien Other Commeraal Complaint Case (non-fort/non-complex) Other Civil Complaint (norr-tort/non-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition /not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Eleaion Contest Petition for Name Change Petition for Rehef from Late Claim Other Civil Petition Pege 2 of 2 1430449.001