Civil Case Cover SheetCal. Super. - 6th Dist.March 17, 2021CIN-010 Fax No (408) 362-2299 CASE NAME: Bank of America, N.A. v. VICTOR VAZQUEZ-TAPIA ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sidle Sar ncmper and address) Hunt 8 Henriques, Attorneys at Law Donald Sherrill ¹266038 j j Anthony DIPiero ¹268246 7017 Realm Dr., San Jose, CA 95119 TELEPHQNE No (800) 680-2426 ATTO(INEY FOR (Name/ Plaintif SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 Noah First Stl'00( MAILING ADDRESM CITY AND ZIP CODE San Jose CA 95113 BRANGH NAME Downtown Supcnor Court FOR COURT USE ONLY CIVIL CASE COVER SHEET Complex Case DesignationM Unlimited [jQ Limited Counter ~ Joinder demanded demanded is Fried wfth first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT Items 1 -5 below mus( be completed (see instructions 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) Provisionally Complex Civil Litigation (Cal. Rules of Courl, rules 3.400-3.403) AntitrustfTrade regulation (03) Construction defect (10) Mass tort (40) Secuntfes ktigation (28) Environmental/Toxic tort (30) Insurance coverage claims ansing from the above listed provfsfonaily complex case types (41) Enforcement of Judgment Enforcement of )udgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint ino( spec(fied above) (42) Miscellaneous Civil Petition Partnershfp and corporate governance (21) Other petition (no( specified above/ (43) DE Rule 3.740 collections (09) Other collections (09) Insurance coverage (18) Other contract (37) Real Property Emfnent domain/inverse Uninsured Motorist (46) Other Pl/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort Asbestos(04) Product liabf Sty (24) Medical malpractfce (45) Date. March 11, 2021 Form Adopted for Manna(co Uce Jcdfdal Ccunmf of Calffcmfa CM-3rd [Re July I, 2007( Other Pl/PD/WD (23) condemnation (1 4j Non-Pl/PD/WD (Other) Tort Wrongful eviction (33) Business iori/unfair bus(ness pracuce (07) Civil rights (08) Unlawful Detainer Defamatfon (13) Commercial (31) Fraud (16) Resfdentfal (32) Intellectual property (19) Drugs (38) Professfonal negligence (25) Judicial Review Other non-Pl/PD/WD tort (35) Asset forfefture (05) Employment Petftfon re arbitration award (11) wrongful termfnatfon (36) Writ of mandate (02) Other employment (15) Other judicial revfew (39) 2. This case ~ is ~X is not complex under rufe 3.400 of the Californfa Rules of Court. If the case Is complex, mark the factors requiring exceptional judicial management: a. ~ Large number of separately represented parties d ~ Large number of witnesses b. M Extensive motion practice raising difficult or novel e W Coordination and related actions pending in one or more courts issues that wfll be time-consuming to resolve in other count(ca, states, or countnes, or In a federal court c. ~ Substantial amount of documentary evidence f. ~ Substantfal postjudgment judimal supervision 3. Remedies sought (checks/I thatapply): a. [K monetary b. ~ nonmonetary; declaratory or injunctive rehef c.~punitive 4. Number of causes of action (specify) 1 5. Thfs case ~ Is QLI is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. /you msy use form CM-0(5) Anthonv DIPIero ¹268246 NOTICE ~A ~ 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, Famfly Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result m sanctions. 4 File this cover sheet in additfon to any cover sheet required by local court rule. ~ If this case is complex under rule 3.400 et seo. of the California 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. Pwde I Of 2 CIVIL CASE COVER SHEET Caf Rcfccc(Cccrf, cle4230,3220.3400-3403,3740,Cal Standardscf JudicialAdmfncfaton,cfd 310 www cccnfn(c cd gcy 1440193.001 21CV378965 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 10:14 AM Reviewed By: R. Guillermo Case #21CV378965 Envelope: 6050321 C IIII-01 0 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 cowl case, you must complete and file, along with your first paper, the Civ// Case Cover Shee/ contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must compfete items I 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 speciffc 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 rute 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 fnterest and attorney's fees, arismg from a transaction in which property, services, 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 prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this Iorm means that it will be exempt from the general time-for-servrce requirements and case management rules, unless a defendant files a responsive pleading. A rufe 3.740 collections case will be subiect to the requirements for service and obtaining a iudgment 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 appropnate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served wrth the complarnt on all parties to the actton. A defendant may file and serve no later than the time of fts first appearance a jofnder in the plaintiffs 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 Motonst (46) (// the case /nva/ves an uninsured ma/onsl claim sab/ecl fo srbr/rs//on, check this item instead of Au/o) Other PVPD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos(04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Lrability (no/asbestos or toxic/environmental) (24) Medical Malpractice (45) Medhcat Malpractice- Physioans & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e.g., shp and fall) Intentional Bodfy Inlury/PDNyD (s 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., dtscnmrnation, false arrest) (naf clvg hsrsssmenl)(08) Defamation (e.g., slander, kbel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Leg I Malpractice Other Professional Malpractice (nof medkca/ or /egal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-a1a [nvv July 2, 2aarl CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (nol unlawful detainer or wrongful eviction) Contrscl/Warranty Breach-Seller Plarntrff (naf fraud or neg//genes/ Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collectiors (e.g, money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissor/ Note/Collections Case Insurance Coverage (naf provisionally 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 Mortgage Foreclosure Quiet Title Other Real Property (nar eminent domain, landlord'lensn/, ar foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (//the case involves illegal drugs, check this r/em; a/herwrse, report as Cammercrs/ or Resrden/ra// Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Wnt of Mandate (02) Wnt-Admimstratwe Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial 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) securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (sr/2/ng fram pray/arena//y 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 Admmrstratrve Agency Award (nal unpaid taxes) Petition/Certrfication of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (no/apso/red above) (42) Declaratory Relief Only Intunctwe Rekef Only (nan- hsrassmen// Mechanics Lien Other Commercial Complaint Case (nan-fa/t/nan-complex) Other Civil Complaint (nan-lod/nan-camp/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 Reksf from Late Claim Other Civil Petition 8898 2 or 2 1440193 001