Civil Case Cover SheetCal. Super. - 6th Dist.March 2, 2021CM-010 ATFORNEY OR PARTY WITHOUT ATTORNEY (Name, Sfak‘x FOR COURT USE ONLY hAlan,L. Brodkin 85991 ; ‘nber, and address): Alan L. Brodkin & Associates 15500B‘ROCkfield'BlVd. Irvine, CA 92618 TELEPHONENO; (949) 457-8686 ATrORNEY FORm/ame): Plaintiff (949) 457-8688FAX NO‘: HEE SUPERIOR coURT 0F CALIFORMA, COUNTY 0F Santa Clara STREETADDREss:l9l North First Street MAILINGADDRESS: CITYANDZIPcooszsan Jose, CA 95113 emcHNAMEDowntown Superior Court MAR 0 2 2021 ‘ é Court :I: .-r 1 '- .fl‘a Clara CASE NAME: PROSPERUM CAPITAL V. CALIFORN IA CROISSANT a ,- 4. Hams CIVIL CASE COVER SHEET Complex Case Designation CASE MUM ; l"m Unlimited D Limited . 331 C V 3 7 8 9 8 O v D Counter D Jomder(Amount (Amoux'n JUDGE demanded demanded is Filed with first appearance by defendant ' exceeds $25,000) $25,000 or less) (Cal. Rules of Court. rule 3.402) DEPT; Items 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 a Auto (22)Uninsured motorist (46) Other PIIPDNVD (Personal Injuz'yIProperty DamageIWrongful Death) Tort j. Asbestos (O4) Product liability (24) Medical malpractice (45) Other Pl/PD/WD (23) Non-PIIPD/WD (Other) Tort ‘ Business tort/unfair busines's practice (07) Civil rights (08) “ Defamation (1 3) Fraud (16) Intellectual property (19) Professional negligence (25) Other non-PIIPDNVD tort (35) Contract Breach of contractfwarranty (06) Rule 3.740 collections (09) Other collections (09) Insurance coverage (1 8) Other contract (37) Real Property Eminent domainllnverse condemnation (1 4) Wrongful eviction (33) Other real property (26) Provisionally Complex Civil Litigation Cal. Rules of Court, rules 3.400-3.403) Antitrustfi'rade regu!atfon (03) Construction defect (10) Mass tort (40) Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Unlawful Detainer Enforcement ofjudgment (20) Commercial (31) Residential (32) Drugs (38) Judicial Review E Asset forfeiture (05) Miscellaneous Civil Complaint a RICO (27)Other complaint {not spyne/dabove) (42) Miscellaneous Civil Petiti a Pannership and cor orate governance (2‘1)Employment Otherpetition (no pacified above) (43) Wrongful termination (36) t' Other employment (1 5) Petition re: arbitration award (11) Writ of mandate (02) Otherjudicial review (39) m' is not2. This case D is complex under rule 3.400 ofthe California Ru1es of Court. If fie case is complex. mark the factors requiring 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 with related ctions pending in one or more couns issues that will be time-consuming to resolve in other counties. states. r countries, or in a federal court c. D Substantial amount c'af documentary evidence f. D Substantial postjudgme tjudicial supervision 3. Remedies sought (check al/fithatapply): a. E monetary b.D nonmonetary; declaratory rinjunctive reiief c. D punitive 4. Number of causes of action s ecify): ONE (l) 5. This case is fl is not a class action suit. 6. Ifthere are any known related cases, file and serve a notice of related case. (You ma e orm CM.015.) Date: 2/25/2021 Alan T. Rrodkin (TYPE OR PRI'NT NAME) (8184“ éE‘OF PARTY OR AWORNEY FOR PARTY) '- i NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (e c pt small claims cases or cases filed under the Probate Code, Family Code. or Welfare and Institutions Code). (Cal. Rules of C urt, 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. 1fthis case is complex undenrule 3.400 et seq. 0fthe California Rules of Court. you must serve a copy ofthis cover sheet on all other parties to the action orfproceeding. Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes only. t Page 1 01‘2 FormyAdopied {or Manfialoyy Use Judxmal Counml oi Canfomla CM010 [Rev. July 1, 2007] v C-EB éential . Es CIVIL CASE COVER SHEET cebxarn IEm. Cal. Rules of Court rures 2.30, 3.220, 3.4006 403 3.?40; Cal. Standards ofJudlcaal Administration. std. 3.10 wwvcourflnfopagov 4 1 4 9 8 3 INSTRUCTIONS 0N HOW T0 COMPLETE THE COVER SHEET CM-010 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 you'r first paper. the Civil Case Cover Sheet contained on statistics about the types and numbers of cases filed. You must complete items 1 throug one box for the caset pe that best describes lhe case. Ifthe case fits both a general and check the more speci Ic one. If thfe case has multiple causes of action. check the box that To assist you in completing the sheet, examples of the cases that belong under each cas sheet must be filed only with your: initial paper. Failure to file a cover sheet with the first p‘ its counsel, or both to sanctions gnder rules 2.30 and 3.220 of the California Rules 0f Co To Parties in Rule 3.740 Collections Cases. A "collections case" owed in a sum stated to be certain that is not more than $25,000, e which property, services. or money was acquired on credit. A colle damages, (2) punitive damages, (3) recovery 0f real property. (4) attachment. The identification of a case as a rule 3.740 collection time-for-service requirements and case managementrules case wiil be subject to the requirements for service and obtaining a judgment in rule 3. . unless a defendant files a r age 1. This information will be used to compile 6 on the sheet. ln item 1, you must check a more specific type of case listed in item 1, best Indicates the primary cause of action. e type in item 1 are provided below. A cover aper filed in a civil case may subject a party, under rule 3.740 is defined as an action for recovery of money xclusive of interest and attorney's fees. arising from a transaction in ctions case does not include an action seeking the following: (1) tort recovery of personal property, or (5) a prejudgment writ of s case on this form means that it will be exempt from the general esoponsive pleading. A rule 3.740 collections To Parties in Complex Cases.l complex cases only. panies must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff beli ves the case is com completing the appropriate boxes in items 1 and 2. If complaint on aII patties to the action. A defendant ma plex under rule 3.400 ofthe California Rules of Court, this must be indicated by a plaintiff designates a case as complex. the cover sheet must be served with the y 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. ’s Auto Tort 1: Auto (22)-Personar lnjurylProperty DamagelWrongfur Death " Uninsured Motorist (46) (ifthe case involves an uninsured _‘ motorist claim subject (o arbitration, check this item 3 instead of Auto) I Other PIIPDIWD (Personal Injury! “ Property DamageIWrongful Death). Tort Asbestos (04) 5 Asbestos Property Damage : Asbestos Personal Injury! ‘ Wrongful Death ' Product Liability (nor asbestos orf tox/c/environmental) (24) ‘. Medical Malpractice (45) 1 Medical Malpractice- Physicians & Surgeons q Other Professional Health Care Malpractice 3 Other Pl/PDIWD (23) Premises Liability (eAgu slip r and fall) w, Intentional Bodily InjurylPD/WD (e.gq assault, vandalism) Fntentional Infliction of Emotional Distress Negligent lnfliction of a Emotional Distress E Other PI/PD/WD ‘r Non-PIIPDIWD (Other) Tort Business TorUUnfair Business Practice (07) . Civil Rights (e‘gq discrimination‘ f false arrest) (not civil t harassment) (08) V, Defamation (e.g.. siander. libel) z (13) ‘ Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice 7: Other Professional Malpréctié: (nor medical or legal) Other Non-PIIPDNVD Tort (35) a Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentallLease Contract (nor unlawful detainer or wrongful eviction) ContracL/Warranty Breach-Seller Plaintiff (not fraud 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 (not provisionally complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainllnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e9, quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Propetty (nor eminent domain, landlord/(enant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mahdamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Coun Case Review Other Judiciai Review (39) Review of Health Officer Order Notice of Appea1-Labor Commissioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentaFIToxic 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- domesfic relations) Sister State Judgment Administrative Agency Award (nor unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- haraSSmenU Mechanics Lien Other Commercial Complaint Case (non-rort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Othey Petition (no: Specified 2‘ .» i .above)v(43) , 4, . , Civil Harassment I ‘ fl Workplace Violence ElderlDependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Essehtial E] Foxfm s- a CM-01O [Rev July 1, 2007] CEB- cahcom CIVIL CASE COVER SHEET PagaZon “4983