Civil Case Cover Sheet

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

CM-010 San Jose CA 95113 Downtown Supsnor Court CASE NAME: Bank of America, N A. v. EUN HEE SONG ATTORNEY OR PARTY wITHOUT ATTORNEY INsms, Slsls ssr uumpss sud sddfsss/ Hunt & Hennques, Attorneys at Law Donald Sherrill ¹266038 I I Anthony DiPiero ¹268246 7017 Realm Dr., San Jose, CA 95119 TELEPHONE NO (800) 680-2426 FAx No (408) 362-2299 AJTORNEY Fon INsmsi Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND ZIP CODE SRANCH NAME FOR COURT USE DNL r Other non-Pl/PD/WD tort (35) Employment Wrongful termination (36) Other employment (15) Asset forfeiture (05) Petition re: arbitration award (11) Writ of mandate (02) Other Iudicial review (39) CIVIL CASE COVER SHEET Complex Case Designation~ Unlimited M 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) Items 1 -5 below 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 Motonst (46) HU Rule 3.740 collections (09) Other Pl/PD/WD (Personal Injury/Property M 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 Pl/PD/WD (23) condemnation (14) Non-Pl/P D/WD (Other) Tort Wrongful eviction (33) C] Business ton/unfair business practice (07) ~ Other real ProPerty (26) Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Fraud (16) Residential (32) Intellectual property (19) Drugs (38) Professional neghgence (25) Judicial Review 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 ton (40) Secunties htigation (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 (not speci/fed above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition inol spew/ied above/ (43) Date: March 11, 2021 Form Adopted for Msudsfufr Uss 'udfasi Cuuual uf Csl lufs 4 CM-01 0 lnsY July I, 2007I 2. This case LJ is LXJ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requinng 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 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 iudicial supervision 3. Remedies sought (check a/I that apply): a. K] monetary b. ~ nonmonetary; declaratory or injunctive rehef c.~ punitive 4. Number of causes of action (speuxfy): 1 5. This case ~ is HG is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may Us form CM-015) A~honv DiPiero ¹268248 NOTICE ~ Plaintiff must file this cover sheet with the first paper filed in the action or Ceding (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. 4 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 Cour!, you must senfe a copy of this cover sheet on el! 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. Pager of2 CIVIL CASE COVER SHEET Csl Rules of Court, rules 2 30, 3 220, 3 400-3 403, 3 740,Csl Standards of J d 4 pl Admiu slfstiuu, sid 3 IO www cpuflfpfs ss guf 1430085.001 21CV378960 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 10:14 AM Reviewed By: R. Guillermo Case #21CV378960 Envelope: 6050323 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 complaint) in a civil case, you must complete and file, along with your first paper, the C/v// 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 1, 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 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 prowded 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, excluswe of interest and attorney's fees, ansing from a transaction in which property, serwces, or money was acquired on credit. A collections case does not mclude an action seekmg the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a preludgment 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 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 af the California Rules of Court, this must be indicated by completmg 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 jomder 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 Injury/Property Damage/Wrongful Death Uninsured Motonst (46) (i/the case involves an uninsured motorist claim sub/ecl to arb/tra/ian, check Ibis item ins feed o/ Au/a) other Pl/PD/wD (Personal Injury/ Property Damage/Wrongful Death) Ton Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liabihty (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physioans & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liabihty (e.g., shp and fail) Intentional Bodily Injury/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., discrimination, false arrest) (nol civil harassmenl)(08) Defamatian (e.g, slander, libel) (1 3) Fraud (16) Intellectual PropertY (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medics/ or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) Cu-Oi 0 lnev Joiy i, 2002) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (no/ unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (naf /raud 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 (no/ provisionally comp/ex) (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) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminenl domain, land/ordrlenan/, or /oreclosure) Unlawful Detainer Commeroal (31) Residential (32) Drugs (38) (//the case invo/ves S/egs/ drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Wnt-Administrative Mandamus Wnt-Mandamus on Limited Court Case Matter Wnt-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Apoeal-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 (ansrng from provisions//y complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment /nan- damesrlc relations) Sister State Judgment Administrative Agency Award (nor unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (rtor specified above) (42) Declaratory Relief Only Inlunchve Rehef Onfy (non- harassment) Mechanics Lien Other Commeroal Complaint Case (nan-for//non-complex) Other Civil Complaint /non-/orr/non-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (nor specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Rehef from Late Claim Other Civil Petition Page 2 of 2 1430085.001