Civil Case Cover SheetCal. Super. - 6th Dist.March 17, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 12:48 PM Reviewed By: R. Guillermo Case #21CV379017 Envelope: 6052407 21CV379017 CM-010 _ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Ber number, and addrewfl‘he Moore Law Group, APC, Maria Bradish (288384) Adam Brumage (283 180) 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 TELEPHONE No‘: 800-506-2652 FAX No; ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CAUFORNIA, COUNTY 0F Santa Clara STREET ADDREssl91 North First Street MAILING ADDREssSan JOSB CA 95 1 13 CITY AND ZIP CODEDowntown Superior Court BRANCH NAME: CASE NAME: _ Bank 0fAmerlca, N.A. V. Trung D Pham CIVIL CASE COVER SHEET Com plex Case Designation CASE NUMBER:D Unlimited Limited . (Amount (Amount E Counter E Jomder JUDGEdemanded 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: DamageNVrongful Death) Tort Asbestos (04) Product liability (24) Insurance coverage (18) Mass tort (40) Other contract (37) E Securities litigation (28) Auto Tort Contract Provlslonally Complex Clvil thigatlon Auto (22) D Breach of contract/Warranty (06) (Cal. Rules 0f Court, rules 3.400-3.403) Uninsured motorist (46) m Rule 3.740 collections (09) E Antitrust/Trade regulation (03) Other Pl/PDIWD (Personal lnjurylPropelty E Other collections (09) E Construction defect (10)E mea Property Environmental/Toxic tort (30) Medical malpradice (45) D Eminent dqmain/Inverse Insurance coverage claims arising from theD Other PUPD/WD (23) condemnation (1 4) above listed provisionally complex case Non-PI/PD/WD (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) E Commercial (31) Miscellaneous Civil ComplaintE Fraud (16) E Residential (32) E RICO (27)E Intellectual property (19) E1 Drugs (38) E Other complaint (notspecified above) (42)E Professional negligence (25) Judicial Review Miscellaneous Civil PetitionE Other non-PI/PD/WD tort (35) Asset forfeiture (05) Partnership and corporate governance (21) Employment E Other petition (not specified above) (43) Wrongful termination (36)E Other employment (1 5) Petition re: arbitration award (11) Writ of mandate (02) Other judicial review (39) DUDE 2. This case E is m is not complex under rule 3.400 of the California Rules of Court. If 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.D Extensive motion practice raising difficult or novel e.D 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. E Substantial postjudgmentjudicial supervision 3. Remedies sought (check all that apply): am monetary hm nonmonetary; declaratory or injunctive relief c.E punitive 4. Number of causes of action (specify):ONE 5. This case E is is not a class action suit. 6. If there are any known related cases, fil nd serve a notice of related case. (You may use form CM-015.) Maria Bradish_ Adam Brumagcfion Phan-Huy_ Ryota fie‘ Isozaki_ Derrick Uhri_ Jercm Kimmelman_ Eric Marquez- MAR » Karlie D. Scharer_ } (TYPE 0R PRINT NAME) Q’ g ,x PARTY 0R ATrORNEY F0R_PARTY) NOTICE V 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,-ru|e 3.220.) Failure to file may result in sanctions. ' File this cover sheet in addition to any cover sheet required by local court rule. D 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 Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes onl . 1 f2age o Form Adopted for Mandatory Use Cal. Rules ofCourt. rules 2.30. 3,220. 3.400-3‘403. 3.740: Judicial Council ofCalifomia CIVIL CASE COVER SHEET Cal, Standards ofJJdicialAdministration. std. 3.10CM-mo [Rev. .July 1. 2007] www. wutfinfucagov American LegalNet, Inc. www.Forms Mbrkf/owoom . CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEEI' To Plaintiffs and Others Filing First Papers. lf 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. ln item 1, you must check one box for the case type that best describes the case. lf the case fits both a general and a more specific type of case listed in item 1, check the more specific one. lf the case has muftiple 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, ib 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 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 rule 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. 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 appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the oover 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, ‘rf 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 arbifiation, check this item instead ofAuto) Other PIIPDNVD (Personal lnjury/ Property DamageNVrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmentao (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e.g.. slip and fall) Intentional Bodily lnjury/PDNVD (e.g.. assault. vandalism) Intentional Infliction of Emotional Distress Negligent lnfliction of Emotional Distress Other PIIPDNVD Non-PIIPDNVD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g.. discrimination, false arrest) (not civil harassmenfl (08) Defamation (e.g., slander. libel) (1 3) Fraud (1 6) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legao Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-o1o [Rem July 1. 2007] l Print This Form | CASE TYPES AND EXAMPLES Contract Breach of Contractharranty (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) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contra ct Dispute Real Property Eminent Domain/lnverse Condemnation (1 4) 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, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Dru gs (38) (ff the case involves illegal drugs, check this item; othen/vise, report as Commercial or Residentiao Judiclal 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 Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) AntitrustlTrade Regulation (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) Environmentaln'oxic 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 Ju'dgment Case Mlscellaneous Clvil Complalnt RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassmeno Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-camplex) Miscellaneous Civil Petition Partnership and Corporate Governan ce (21) Other Petition (not specified above) (43) Civil Harassment Workplace \fiolence 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. Clear This Form