Civil Case Cover SheetCal. Super. - 6th Dist.March 2, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/2/2021 4:52 PM Reviewed By: D Harris Case #21CV378997 Envelope: 5948851 21CV378997 E.Mfllo ATTORNEY OR PARTY WITHOUT A'I'I‘ORNEY (Name, State Bar number, and address): FOR COURT USE ONLY _JOSHUA E. HERNADEZ, SBN 324928 HERNANDEZ LAW OFFICES 6103 N. FIRST STREET, SUITE 102 FRESNO, CA 937 10 TELEPHONENO: (559) 449-8150 FAXNo.: (559) 449-1831 m-ronnev FOR um: MANUEL ORTIZ SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREETADDREss: l 91 N . lST STREET MAILING ADDRESS: CITYAND ZIP CODE: SAN JOSE , CA 9 5 l 1 3 BRANCH NAME; C IV I L DEPARTMENT CASE NAME: ORTI Z V . SET IAWAN CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER Unlimited E Lfiikmited E Counter D Joinder (Amount ( mount Filed with first a earance b defendant JUDGE: demanded demanded is pp y exceeds @000) 525.000 or less} (Cal. Rules of Court, rule 3.402) DEPT; Items 1-6 below must be completed {see instructions on WEE). 1. Check one box below for the case type that best describes this case: Provisionally Complex Civil Litigation Auto Tort Contract Auto (22) E Breach of contract/warranty (O6) (Cal- RUleS 0f Court, ru'es 3-400'3-403)- Uninsured motorist (46) E] Ru|e 3.740 couections (09) E Antitrust/Trade regulation (03) 3:1? PIIPDIWD (Personal lnjuryIProperty E Other collections (09) E Construction defect (10) agemrongfu' Death) Tort D Insurance coverage (18) E Mass t0“ (40)E Asbestos (O4) E other contract (37) E Securities litigation (28) [j Product liability (24) Real Property E Environmental/Toxic tort (30)E Medical malpractice (45) E Eminent domain/lnverse E Insurance coverage claims arising from theE Other pI/pD/WD (23) COHdemnation (14) above listed provisionally complex case Non_P|/PDIWD (Other) Tort E Wrongful eviction (33) types (41)D Business torflunfair business practice (O7) E Other real pmperty (26) Enforcement of JudgmentE Civil rights (08) Unlawful Detainer D Enforcement ofjudgment (20)D Defamation (13) E] Commercial (31) Miscellaneous Civil ComplaintE Fraud (16) E! Residential (32) E RICO (27)D Intellectual property (1 9) E Drugs (38) E Other complaint (not specified above) (42) [j Professional negligence (25) Judicial Review Miscellaneous Civil PetitionD Other non-Pl/PDNVD tort (35) E Asset forfeiture (05) E Partnership and corporate governance (21) Employment E Petition re: arbitration award (11) D Other petition (notspecified above) (43)D Wrongful termination (36) E Writ of mandate (02)E Other employment (15) E Otherjudicial review (39) 2. This case E is E is not complex under rule 3.400 ofthe California Rules of Court. Ifthe case is complex, mark the factors requiring exceptional judicial management: a. E Large number of separateiy represented parties d. E Large number of witnesses b. E Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one ormore courts issues that will be time-consuming to resolve in other counties, states. or countries, or in a federal court c. E Substantial amount of documentary evidence f. E Substantial postjudgmentjudicial supervision . Remedies sought (check all that apply): a.m monetary b.E nonmonetary; declaratory or injunctive relief c. E3 punitive3 4. Numberof causes of action (specify): ONE 5. This case D is is not aclass action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use fo ~015.) Date: February 23, 2021 ' JOSHUA E. HERNADEZ. SEN 324928 > (TYPE 0R PRINT NAME} [SIGan F PARTY 0R ATTORNEY FOR PARTY) NOTICE \J 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 local court rule. o If this case is complex under rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy ofthis cover sheet on all other parties to the action or proceeding. o Uniess this i5 a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 91 2 Form Adopted for Mandatory Use l $1 Cal. Rules of Coud, rules 2 30, 3 220, 3.400-3.403, 3 740; Judicial Council ofCalifornia CIVIL CASE COVER SHEET SD UL Fl? Cal. Standards of JudicialAdminislralion, std. 3.10 CM-010[Rev July 1.2007] Lafiué INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET a first paper (for example, a complaint) in a civil case. you must Sheet contained on page 1. This information wiII be used to compile hrough 6 on the sheet In item 1. you must check I and a more specific type of case listed in item 1. ch‘on. check the box that best indicates the primary cause of action. To Plaintiffs and Others Filing First Papers. 1f you are filing complete and file, along with your first paper. the Civil Case Cover statistics about the types and numbers of cases filed. You must complete items 1 t one box for the case type that best describes the case. check the more specific one. If the case has multiple causes of a If the case fits both a genera CM-010 Tc assist you in completing the sheet, examples ofthe cases that beiong under each case type in item 1 are provided below. A coVer sheet muat he flied only with your fnitiai paper. Failure to file a cav counsel‘ or both to sanctions under rules 2.30 and 3.220 of the California R To Parties in Rule 3.740 Collections Cases. A "collections case" under ru in a sum stated to be certain that is not more than $25000, exclusive of interest and an er sheet with the first paper filed in a civil case may subject a party. its ules of Court. Ie 3.740 is defined as an action for recovery of money owed orney's fees. arising from a transacfion in which preperty, services, or money Was acquired on credit. A collections case does not include an action seeking the following: (1) to'rl damages. (2} punitive damages. (3) recovery of real properly. (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 coliect requirements and case management rules, unless a 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 designatewhether the case is complex. if a plaintiff beiieves the case is comp completing the appropriate boxes in items 1 and 2. If a piaintiff desig complaint on all parties to the action. A defendant may file and se plaintiffs designation, a counter-designa the case is complex. Auto Tort Auto (22)-Persona| lnjury/Property DamageNVrongful Death Uninsured Motorist (46) (ifthe case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other Pl/PDIWD (Personal Injuryl Property DamageIWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotiona| Distress Other PI/PDNVD Non-Pl/PDNVD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g.. discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-01O [Rev. July 1. 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/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 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 eminent domain, Iandlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; othen/vise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administrative 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 I'ex under rule 3.400 of the Calif ions case on this form means that it will be exempt from the general time-for-service defendant files a responsive pleading. A rule 3.740 collections case will he subiect ornia Rules of Court. this must be Indicated by mates a case as compiex. the cover sheet must be served with the we no later than the time of its first appearance a joinder in the tion that the case is not complex, or. if the plaintiff has made no designation. a designation that 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) 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/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 lnjunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-comp/ex} Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Page 2 of 2