Civil Case Cover Sheet

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

CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): _FOR COUR_T USE ONLY LAWOFFICESOFPATENAUDE&FE.IX, ARC. Electronically FlledWA Pateraxie(#’|2885®/SepfmeJ. Boone(#1m1&) by Superior court of CA, Ang'eI-br‘g |-ba(#212152)/%benW W1'g1t(#27%53)/DemWWPLW) 9619 Gmapeake D'ive, SJite 300, San Dego, CA92123 TELEPHONE No.: (858) 244-7600 ATTORNEY FOR (Name): PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 No. FIRST STREET MAILING ADDRESS: 191 No. FIRST STREET CITY AND ZIP CODE: SAN JOSE CA 951 13 BRANCH NAME: SANTA CLARA CIVIL DIVISION CASE NAME: TD BANK USA, N.A. VS. FRESIA CARMEN RODRIGUEZ, County of Santa Clara, on 3/17/2021 6:14 PM Reviewed By: L. |masa Case #21 CV37901 8 Envelope: 6056557 FAX No.: (858) 836-0318 CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: D unlimited g Limited D Counter D Joinder 21 CV37901 8 (Amount (Amount I I I JUDGE: demanded demanded is Flled wnth flrst appearance by defendant DEPT_ exceeds $25,000) $25,000 or less) (Cal- Rules 0f Court, rule 3-402) - Items 1-5 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 Provisionally Complex Civil Litigation D Auto (22) D Breach of contract/warranty (06) Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (1 0) 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 Enforcement of judgment (20) g Rul 3.740 collections (09) D Othercollections(09) D Insurance coverage (18) D Othercontract(37) RealProperty Eminent domain/lnverse condemnation (14) _ Wrongfuleviction(33) _ Otherrealproperty(26) Unlawful Detainer_ Commercial(31) Residential (32) Drugs(38) dicial Review Asset forfeiture (05) Miscellaneous Civil Petition Petition re: arbitration award (11) _ Writ of mandate (02) Partnership and corporate governance (21) Other petition (not specified above) (43) Otherjudicial review (39) 2. This caseD is g is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional Coordination with related actions pending in one or more courts judicial management: a. Large number of separately represented parties d. E in other counties, states, or countries, or in a federal court f. D Substantial post-judgmentjudicial supervision b. Extensive motion practice raising difficult or novel e. monetary b. D non-monetary; declaratory orinjunctive relief c. D punitive D Uninsured motorist (46) Other PIIPDIWD (Personal InjurylProperty D_amageIWrongful Death) Tort _ Asbestos(04) Productliability(24) Medical malpractice (45) : OtherPl/PD/WD (23) Non-PIIPDIWD (Other) Tort_ Business tort/unfair business practice (07) Civil rights (08) Defamation (13) Fraud (16) Intellectual property (19) Professional negligence (25) _ Other non-Pl/PD/WD tort (35) Employment : Wrongful termination (36) _ Otheremployment(15) DIEDDD" Miscellaneous Civil Complaint E RICO (27) Other complaint (not specified above) (42) ¢- C Large number of witnesses issues that will be time-consuming to resolve c. D Substantial amountof documentary evidence . Remedies sought (check allthatapply): a. X . Number of causes of action (specify): ONE . This case D is g is not a class action suit. . If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: February 16, 2021 [ ] RAYMOND A. PATENAUDE [ ] ANGIE HONG HOAR [ 1 DEAN KESHAVARZ 0301 Aw [ ] STEPHANIE J. BOONE [X] ROBERT w. WRIGHT (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE 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. 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. - Unless this is a collections case under rule 3.740 or a complex case, this cover sheet wi|| be used for statistical purposes only. Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California CM-010 [Rev. July 1, 2007] CA_01 EFile Civil Case Cover P&F File N0. 20-33533 CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Standards ofJudiciaI Administration, std. 3.10 www.courtinfo.ca.gov 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 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. You do not need to submit a cover sheet with amended papers. 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 ofthe California Rules of Court. To Parties in Rule 3.740 Collection Cases. A "collection 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 rule 3.740 collections case on this form means that it will be exempt form 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 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, ifthe plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Persona| Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (If the case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other PIIPDIWD (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/PDNVD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PDNVD Non-PIIPDIWD (Other) Tort Business Tort/Unfair Business Practice 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 (non medical or legal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) 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 (not provisionally 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., quite title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quite Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal 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 Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint (non-tort/non-complex) drugs, check this item; otherwise, report Miscellaneous CiV" Petition as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) 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 AppeaI-Labor Commissioner Appeals 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 CM-010 [Rev. January 1, 2007] CA_01 EFile Civil Case Cover CIVIL CASE COVER SHEET P&F File N0. 20-33533 Page 2 of 2