Civil Case Cover Sheet

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

CM-010 FAx No (408) 362-2299 CASE NAME: Bank of Amenca, N A. v. CHRISTINE S DAVIS ATTORNEY OR PARTY WITHOUT ATTORNEY /Name Stale Sar 0 mce, a d addc Fcf Hunt & Hennques, Attorneys at Law Donald Sherrill ¹266038 j j Anthony DiPiero ¹268246 7017 Realm Dr., san Joe& OA 95119 TELEPHONE NO (800) 680-2426 ATTORNEY FOR (Name/ Plailttiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 NoAh First Street MAILING ADDRESS. CITY AND zip CODE San Jose CA 95113 BRANGH NAME Downtown Supenor Court FOR COURT USE ONL y 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 Entorcement of judgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition /not speci/ied 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. M Substantial postjudgment judicial supervision b. ~ nonmonetary; declaratory or injunctive relief c. W punitive Date: March 11 2021 CIVIL CASE COVER SHEET Complex Case DesignationM Unlimited ~X Limited C t ~ J'dr(Amount (Amount oun er Joinder demanded demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 orless) (Cal. Rules of Court, rule 3.402) DEPT Items 1-5 below must be completed /see insfrucl/ons on pace 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 Motonst (46) DQ Rule 3.740 collections (09) Other PI/PD/WD(personal injury/property ~ Othercollections(09) Damage/Wrongful Death) Tort Insurance coverage (18) Asbestos (04) Other contract (37) Product kability (24) Real Property Medical malpractice (45) Eminent domain/Inverse Other Pi/PD/YVD (23) condemnation (14) Non-Pl/PD/WD (Other) Tort Wrongful eviction (33) Business tort/Unfair b siness practice (07) Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Fraud (16) Residential (32) Intellectual properly (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 iudicial review (39) 2. This case LJ is ~X 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. ~ 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 apply): a.~ monetary 4. Number of causes of action (specify): 1 5. This case ~ is DQ 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 form CM-015) Form Adopted fc Mandatory Uce Jcd c al Cpu pc I of Calfcmia CM-010 [Ray J ly I, 20071 Anthnnv DiPinrn ¹PRRP46 T» 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 sheet required by locaf court rule. ~ If this case is complex under rule 3.400 et seo. of the Ca!Ifornia Rules of Court, you ...ust serve a copy of!his cover sheet cn 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. Page I of 2 CIVIL CASE COVER SHEET Cal Rclaa cf Ceca, iclec 2 30, 3 220, 3 40IFS 403, 3 740.Cal Standards of Judicial Adm pialralicc, cld 3 Io cccmcfc ca gcy 1420486.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 10:14 AM Reviewed By: N. Christopherson Case #21CV378961 Envelope: 6050315 21CV378961 CM-010 INSTRUCTIONS ON HOIN 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 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 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 m 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 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 m 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 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 rt 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 sublect to the requirements for service and obtaimng 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 ot the Cahfornia Rules of Court, this must be mdicated 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 lniury/Property Damage/Wrongful Death Uninsured Motonst (46) (4 the caseinvolves an uninsured maionst claim sub/ecf io srbiirs/rvn, check this item instead o/ Au/v) Other PVPD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (noi ssbss/os or toxroenvironmen/a/) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professronal Health Care Malpractice Other Pl/PD/WD (23) premises Liabikty (e.g., slip and fall) Intentional Bodily Inlury/PD/WD (e g., assault, vandalism) Intentional Infkctron of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Ton/Unfarr Business Practice (07) Crvil Rights (e.g., dtscnmination, false arrest) /noi civil harassment)(08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medrcal or legs/) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-OI 0 Inev July n 20ori CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (nor unlawful de/sinsr or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff /nvt /ravd or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money cwed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promcsory Note/Collections Case Insurance Coverage (not prowsrvnaiiy 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) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Properly /nvi eminent domain, landlord/Ienanf, or foreclosure) Unlawful Detainer Commermal (31) Residential (32) Drugs (38) /4 the case rnvo/ves illegal drugs, check this item; otherwise, repvn as Commercial or Residenirs/) Judicial Review Asset Forfeiture (05) Petition Re Arbitration Award (11) Wnt 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 Ofhcer Order Notice of Appeal-Labor Commissroner 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/Toxrc Tort (30) Insurance Coverage Claims /arising from prowsrvna//y complex case type /rated above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment /non- domesirc relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petrtion/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint /noi specified above) (42) Declaratory Rekef Only Iniunctive Relref Only (non- harassment) Mechanics Lien Other Commeroal Complaint Case (non-iortrnon-complex) Other Ciwl Complaint (nvn-fvrt/nvn-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 from Late Claim Other Civil Petition Page 2 af 2 1420486.001