Civil Case Cover Sheet

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

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 12:37 PM Reviewed By: R. Guillermo Case #21CV379011 Envelope: 6052320 21CV379011 CM-O1O ATTOR EY OR PARTY WITHOUT T97 RNEY (Name. Stale Bar number and address). FOR COURTUSEONLY"Pau Eum, Esq SBN 335) MICHAEL & ASSOCIATES PC 555 St Charies Drive, Suite 204 Thousand Oaks CA 91360 TELEPHONE No- (805) 379 8505 FAX N0.: (805) 379-8525 ATTORNEY F0R(Narne) Plaintiff American Express National Bank SUPERIOR COURT 0F CALIFORNIA, coum’v 0F SANTA CLARA STREET AUBRESS: 191 N. First Street MAILING ADDRESS: CITYAND ZIP CODE; San Jose, CA 951 13 eRANcn NAME; Downtown Superior Court CASE NAME: AMEX vs. Challa, et a1. C‘VIL CASE COVER SHEET Compiex Case Designation CASE NUMBER:E umimited Limited D .(Amount (Am0unt Counter E JOInder demanded demanded is Filed with first appearance by defendant JUDGE: 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 Contract Provisionaliy Complex Civil Litigation Auto (22) [:1 Breach of contracharranty (05) (Cal. Rules or Court. rules 3400-3403) Uninsured motorist (46) Rule 3.740 collections (09) E Antitrust/Trade reguiation (03) Other PilPD/WD (Personal lnjurylProperty [:3 Othercoilections (09) D Construction defect (10) Damage’wmngm Beam) T°fl E Insurance covetage (18) D Mass 10H (40) Asbestos (o4) [j Other contract (37) [:1 Securities litigation (28) Product liability (24) Real property E Environmentalfl'oxictort (30) Medical malprawce (45) Eminent‘domainlanerse E Insurance coverage claims arising from theE Other pI/pD/WD (23) condemnation (14) above listed provisionally complex case N°n_pIIPDMD (Other) Tort D Wrongful eviction (33) ' types (41)E Business ton/unfair business practice (07) D Other rea' propedy (26) Enhmemem °f JwgmemE Civil rights (08) Unlawful Detainer E] Enforcement ofjudgment (20)D Defamation (13) Commercial (31> Miscellaneous csvu ComplaintE Fraud (16) E Residential (32) D Rico (27)D Intefiectual property (19) m DFUQS (38) Other complaint (not specified above) (42)a Professional negligence (25) JUdiCial Rewe‘” Miscellaneous Civil Petition E3 Other “on'PVPD/WD t0” (35) E Asset fmfeiture (O5) Partnership and corporate governance (21) mpgoyment E Petition re: arbitration award (11) E Other petition (not specified above) (43)Em Wrongiu: termination (36) m Writ ofmandate (02)E Other employment (15) 1:] Other judicia; review (39) 2. This case E is is not complex under ruie 3.400 of the Cafifornia Rules of Court If the case is compiex, mark the factors requiring exceptional judicial management: a.E Large number of separately represented parties d. [:1 Large number ofwitnesses b. [j Extensive motion practice raising difficult or nove! e.E Coordination with related actions pending in one or more courts issues that will be time-consuming to resoive in other counties. states, or countries, or in a federal court c.D Substantial amount of documentary evidence f. [:1 Substantial postjudgmentjudicial supervision 3. Remedies sought (check all that apply) a.- monetary bE nonmonetary; declaratory or injunctive relief c. [jpunitive 4. Number of causes of action (specify): Two (2) 5 6 This case a is 1's not a class action suit. if there are an known related cases fiie and serve a notice of related case. (You may~18\ rm CM-O15.) Date. March » , 2021 Pau um, Esq. SBN: (298335) b \mp5 0R pram NAME) (sxewATURE 0F PA TY 0R ATTORNEY FoR mam NOTICE o Ptaintiff must file this cover sheet with the frst paper filed in the action or proceeding (except sma claims cases or cases filed under the Probate Code Family Code or Weifare and Institutions Code) (Cal Rules of Court, ruie 3.220 ) Failure to file may result in sanctions ° File this cover sheet m addition to any cover sheet required by local coun rule. 0 If 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 Uniess this Is a coliections case under rule 3.740 or a complex case this cover sheet wili be used for statistical purposes only 1 f2age o Form Aqopted fog Manda‘tory‘Use C‘VIL CASE COVER SHEET Cal, Rules of Court. rules 2,30. 3220. 3,400.3 403 3 740; Judlma! Councfl of California Cal. Standards of Judicial Administration, sld‘ 3,10 CM-O1 0 [Rev. July 1. 2007] www.caudinfo.ca.gov LexisN )xis® Aurmnated California Judicial Council Forms CM-01OINSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a compiaint) in a civi! 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 0n 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 0f case listed in item 1, check the more specific one. If the case has multiple causes 0f 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 fiie 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 ofthe Caiifornia Rules 0f Court. To Parties in Rule 3.740 Collections Cases. A "co“ections case" under rule 3.740 is defined as an action for recovery 0f money owed in a sum stated to be certain that is not more than $25,000, exclusive 0f interest and attorney's fees, arising from a transaction in which property, services. or money was acquired on credit. A coHections case does not include an action seeking the following: (1) ton damages, (2) punitive damages, (3) recovery 0f real property, (4) recovery 0f 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 it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rufe 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. m complex cases only, parties must also use the Civil Case Cover Sheer to designate whether the case is complex If a plaintiff believes the case is complex under rule 3.400 of the California Rules 0f Coun, this must be indicated by completing the appropriate boxes in items 1 and 2. Ff a plaintiff designates a case as comp|ex, the cover sheet must be served with the complaint 0n 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, 0r, if the plaintiff has made no designation, a designation that the case is complex Auto Tort Auto (22)-Personal injury/Property Damage/Wrongful Death Uninsured Motorist (46) (fifths case Involves an uninsured motorist claim subject to arbftratfon, check this item instead of Auto) Other PIIPD/WD (Personal Injury! Property DamagelWrongfuI Death) Tort ’ Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Maipractice- Physicians & Surgeons Other Professiona! Health Care Mafpractice Other Pl/PDIWD (23) Premises Liabiiity (e.gq slip and fall) Intentional Bodily [njury/PD/WD (e.g., assault, vandalism) Intentional Infiiction of Emotional Distress Negligent Infiiction of Emotional Distress Other PI/PD/WD Non-Pl/PDIWD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (e.g., discrimination, false arrest) (nor cfvil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectum Property (19) Professional Negligence (25) Legal Maipractice Other Professional Maipractice (not medical or legal) Other Non-PI/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-ow (Rev, July 1, 2007} CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentaI/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 (notprow‘sionally complex) (18) 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 (evgq quiet titie) (26) Writ 0f Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (no! eminent domain, landlord/tenanr, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; othenm'se. 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 Wril~Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of AppeaI-«Labor CommissionerAppeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 34400-3403) Antitrust/Trade Regulation (O3) Construction Defect (10) Ciaims 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- domesfic re/an'ons) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Cenification of Entry of Judgmeni on Unpaid Taxes Other Enforcement of Judgment ase Miscellaneous Civii Complaint RICO (27) Other Compiaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-comp/ex) Other Civil Complaint (non-tort/nan-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 Ciaim Other Civii Petition Page 2 0f 2 Lax‘rSnN’m‘isxl'f‘ Amomaled (i'ar’g'farma Judmu/ (“01117017 Forms