Civil Case Cover SheetCal. Super. - 6th Dist.March 17, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 12:23 PM Reviewed By: R. Guillermo Case #21CV379003 Envelope: 6052139 21CV379003 CM-010 ?radish (288384) Adam Brumage (283180) Don Phan-Huy (309853) Ryota Isozaki (321040) Derrick Uhri (321 161) Jeremy Kimmelman (322958) Eric Marquez (331023) Karlie D. Schafer (331884) P.O. Box 25 145, Santa Ana, CA 92799-5145, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and addrew):The Moore Law Group, APC, Maria TELEPHONE N0; 800-506-2652 FAX N05 ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF santa Clara STREET ADDREssl 91 North First Street MAILING ADDREssSaIl JOSG CA 951 13 CITY AND ZIP CODEDOWDtown Superior Court BRANCH NAME: ' ' CASE NAME: _ Bank ofAmenca, N.A. v. LanaM Suarez CNIL CASE COVER SHEET Complex Case Designation CASE NUMBER:E Unlimited Limited . _ (Amount (Amount E Counter E Jomder 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 Tott Contract Provisionally Complex Clvil thlgatlon Auto (22) . E Breach of contracmarranty (05) (Cal. Rules of Court, rules 1400-1403) Uninsured motorist (46) E Rule 3.740 collections (09) E Antitrust/Trade regulation (03) Other PIIPDNVD (Personal InjurylProperty E Other collections (09) E Construction defect (10) DamageIWrongful Death) Tort E Insurance coverage (1g) E Mass tort (40) ASbeStOS (04) E Other contract (37) E Securities litigation (28) Product liability (24) Real property E Environmental/Toxic tort (30) Medical malpradice (45) Eminent domain/lnverse E Insurance coverage claims arising from theE Other PIIPDNVD (23) condemnation (14) above listed provisionally complex case Non-PI/PD/wo (other) Tort E Wrongful eviction (33) types (41)E Business tort/unfair business practice (07) E Other real proPe'ty (26) Enforcement OfJUdgmentE Civil rights (08) Unlawful Detainer E Enforcement ofjudgment (20) E] Defamation (13) Commemial (31) Miscellaneous Civil ComplaintE Fraud (1e) E Residential (32) E RICO (27)E Intellectual property (1 9) D Drugs (33) Other complaint (notspecified above) (42)E Professional negligence (25) JUdiCia' ReView Miscellaneous Civil PetitionE Other non'Pl/PD/WD tort (35) E Asset forfeiture (05) Partnership and corporate governance (21) Empmyment Petition re: arbitration award (11) D Other petition (not specified above) (43) Wrongful termination (36) E Writ of mandate (02)E Other employment (1 5) E Otherjudicial review (39) 2. This case D is m is not complex under rule 3.400 of the California Rules of Court. lf the case is complex, mark the factors requiring exceptional judicial management a.E Large number of separately represented parties d.E Large number of witnesses b.E Extensive motion practice raising difficult or novel e.E Coordination with 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.E Substantial amount of documentary evidence f. D Substantial postjudgmentjudicial supervision Remedies sought (check all that apply): am monetary hm nonmonetary;'dec|aratory or injunctive relief c.E punitive Number of causes of action (specify):ONE This case E is m is not a class action suit. Maria Bra [sh Adam Brumage_ Don Phan-Huy_ Ryota 3 4 5 6. lf there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) D R ate: Isozaki_ Derrick Uhri_ Jeremy Kimmelman_ Eric Marquez- i 6 ZUZflKarlie D. Schafer_ (TYPE 0R PRINT NAME) V (SIGNATURE 0F PARTY 0R ATTORNEY FOR PARTY) NOTICE o 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. ‘ lf this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. 0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. 1 f2age o Form Adopted for Mandatory Use Cal. Rules of Court. rules 2.30. 3,220. 3.400-3‘403. 3.740: Judidal Council of Califomia CIVIL CASE COVER SHEEr Cal. Standards of JJdidal Administration. std. 3.10 www. oourfinfocagov American LegalNet. Inc. www.Fon'ns Wbria‘low‘com CM-om [Rev. July 1. 2007] 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 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 describes 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 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 in 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 atiachment. 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 ajudgment 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. lf a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated 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 Injury/Property DamageNVrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbifiatr'on, check this item instead ofAuto) Other Pl/PDNVD (Personal Injuryl Property DamageIWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal lnjury/ Wrongful Death Product Liability (not asbestos or toxic/environmentao (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 lnjury/PD/WD (e.g.. assault. vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Other PI/PDNVD Non-PllPD/WD (Other) Tort Busin ess 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 IegaD Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-01o [Rev. July 1‘2007] l Print This Form I CASE TYPES AND EXAM PLES Contract Breach of ContractNVarranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fi'aud 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 (notprovisionally complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse 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 (noteminent domain, Iandlord/tenant, 0r foreclosure) Unlawful Detainer Commercial (31) Residential (32) Dru gs (38) (ff the case involves illegal drugs, check this item; otherwise, report as Commercial or ResidentiaD Judlclal Revlew 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 Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentallToxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement ofJudgment 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 s Miscellaneous Clvll Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) 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 Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of2 For your protection and privacy, please press the Clear This Form I button after you have printed the form. 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