Civil Case Cover SheetCal. Super. - 6th Dist.March 2, 2021ATTORNEY OR PARTY WITHOUT ATTORNEY /Name Sfale Bar numaer, andadeem/'amarahP. Prevost {SBN 313422) COTCHETT, PITRE & McCARTHY, LLP 640 Malcolm Road, Suite 200, Burlingame, CA 94010 FOR COURT USE DNL Y Cfifi4)10 TELEPHoNE No: (650) 697-6000 ATToRNEY FoR fNemer Plaintiff Fnx No. /opsimm/. (650) 697-0577 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA BTREETADDREES; 191 N. FIRST STREET MAILING ADDRESS: OITY AND zlP coDE. SAN JOSE, CA 95113 BRANCH NAME'OWNTOWN COURTHOUSE CASE NAME: CIVIL CASE COVER SHEET Complex Case Designation ~x Unlimited ~ Limited ~ Counter ~ Joinder (Amount Filed with first appearance by defendantdemanded is exceeds 925 ppp) 325 ppp) (Crtl. RUles of Court, rule 3.402) oEPT: 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~ Auto(22) ~ Breach of contract/warranty (06)~ Uninsured motorist (46) ~ Rule 3.740 collections (09) Other pl/pD/WD (personal Injury/properbr ~ Other collections (09)Damage/Wrongful Death) Tort ~ Insurance coverage (18)~ Asbestos (04)~ Product Eablfi 24 ~ Other contract (37)ty{ ) Real Property~ Medical malpractice (45) ~ Eminent domain/Inverse~ Other Pl/PD/WD {23) aondemnstlan (14) Non-PI/PD/WD (Other) Tort ~ Wrangful evldlon (33)~ Business tort/unfair business practice (07) ~ Other real property (26)~ Civil rights (08) Unlawful Detainer~ Defamation (13) ~ Commercial (31)~ Fraud (16) ~ Residential (32)~ Intellectual properly {19) ~ Drugs(38)~ Professional negligence (25) Judicial Review Provisionally Complex Civil Litigation (Csl. Rules of Court, rules 3.400-3.403)~ Antitrust/Trade regulation (03)~ Construction defect (10)~ Masstort(40)~ Securities litigation (28)~ Environmental/Toxic tort {30)~ Insurance coverage daims arising from the above listed provisionally complex case types (41) Enforcement of Judgment~ Enforcement of judgment (20) Mlsceganeous Civil Complaint~ RICO {27}~ Other complaint (not speeded above) {42) Miscellaneous Clvfi Petition~ Partnership and corporate govemanos (21)~ other petition (nof Spec/lied above) (43)Asset forteiture (05)Petition re: arbitration award (11) Writ of mandate (02) Other judicial review (39) ~ Other non-Pl/PD/WD tart (35) Employment ~x Wrongful termination (36)~ Other employment {15) Fmm Adoau!d for Mandatory Use Judicial Council of Csldomia OM410 IReu. July I, 200TI 2. This case ~ is ~u 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. ~ Large number of separately represented parties d. ~ Large number of witnesses b. ~ Extensive motion practice raising difficult or novel e. ~ Coordination with related actions pending in one or more issues that will be time-consuming to resolve courts in other counties, states, or countriies, or in a federal c. ~ Substantial amount of documentary evidence f. ~ Substantial postjudgment judicial supervision 3. Remedies sought (check ai/ that apply): a. ~x monetary b. ~x nonmonetary; declaratory or injunctive relief c. ~x punitive 4. Number of causes of action (spec//y): Five 5. This case ~ is ~u is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may form CM-01 Date: March 2, 2021 Tamarah P. Prevost /TYPE OR PRINT NAME) { ABIGNATUREDPRssyvnyfi ATT(xvfkt FoR PA!IT& 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). {Gal. 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 will be used for statistical purposes only. Paae 1 of 2 CIVIL CASE COVER SHEET Cal Rmes of Courl, rules 2.30. 3220. 3400-3.403. 3.740:Cal. Slandards of Judicial Adminislralion sld 3 10 www.couns.cs.dor Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/2/2021 11:30 AM Reviewed By: D Harris Case #21CV379038 Envelope: 5943921 21CV379038 INSTRUCTIONS ON HOW TO COEEPLETE THE COVER SHEET CNI4)10 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 fils, 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 0 on ths sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both 8 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 8 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, sriising from a transaction in which property, services, or money was acquired on credit. A collections case doss 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 cover sheet must be served with the complaint on ail parties to ths action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs 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. CASE TYPES AND EXASIPLES AUto Tort Contract Provlsionagy Complex Clvg Litigation (Csl. Auia (22)-personal Injury/proparty Breach of Contrad/Warranty {06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Anairust/Trade Regulation (03) Uninsured Motorist (46) fi/the Contract (aai un/aw/vi de/e/aar Canslrudian Defect (10} case involves an uninsured or w/angra/ ev/ci/ani Claims Involving Mass Tort (40) motorist a/4/m subject ia Contract/Warranty Breach-Seller Securities Uiigstlan (28} arbitration, check this item P/ainfiff (aaf fraud ornegligencei Environmental/Toxic Tort (30) ins/ead ofAuto) Nagfigeni Breach of Contract/ Insurance Coverage Claims Other PI/PD/WD {Personal Injury/ Warranty iena/ng /ram prov/2/ana//y complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed abave) (41) Tort Collections (e.g., money owed, open Enforcement af Judgment Asbestos {04) book accounts) (09) Enforcement of Judgment {20) Asbestos Properly Damage Collection Case-Ssfiar Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County) Wrongful Death Casa Confession of Judgment (nan- Praduct Liability (aai asbestos or Insurance Coverage (aai provisionally domestic ra/a//oas) iax/c/env/ranmen/ag (24) complex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malprsdics- Other Coverage fnai unpaid taxes) Physicians & Surgeons Olhar Contract (37} Petition/Certificatio of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other Pl/PO/WO {23) Real Property Casa Premises Liability {s.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint snd fall) Condemnation (14) RICO (27} Intentional Bodily Inju/y/PD/WD Wrongful Eviction (33) Other Complaint (aai 2//aa//led (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) abave) (42) Intentional Infliction of Writ of Possession of Rasl Properly Dadsrstory Relief Only Emotional Distress Mortgage Foredosurs Injunctive Relief Only (nan- Negligent Infi/dian of Quiet Tise harasameng Emofianai Distress Other Real Property (nai eminent Mechanics Lien Other Pl/PD/WD dama/n, /and/ardtena/X, or Other Commercial Complaint Nan-PI/PD/WD {Other) Tort foreclosure) Case fnan-/artlnarPaampfax) Business Tort/Unfair Business Unlawful Detainer Other Civil Complainl Practica (07) Commercial {31) (nan-lartrnanwamp/ex) Civfi Rights (a.g., discrimination, Residential {32) Ialsceganeous Civg Petition false arrest) (aai civil Drugs (38) (/f the case invo/ves illegal Partnership and Corporate hamasmeng (08) drugs, check this /tern; otherwise, Governance (21) Defamation (e.g., slander, libel) report 42 cammera/ei or Res/dani/ag Other Petition fnai specified (13) Judicial Review abave) (43) Fraud (16) Asset Forfeiture (05) Civil Harassment Intellectual Properly (19) Petition Ra: Arbitration Award {1 1) Workplace Viahnaa Professional Negligence (25) Writ of Mandate (02) Bder/Dependent Adult Legal Msipradiae Writ-Administrative Mandamus Abuse Other Professional Mafpracfica Writ-Mandamus on Limited Court Election Contest (nai medical or /agag Case Matter Petlfion for Name Change Other Non-Pl/PD/WD Tort (35) Writ-Other Limited Court Case Petition for Relief From Late Employment Review Claim Wrongful Terminafian (36) Other Judicial Review {39) Other Civil PsMion Other Employment (15) Review of Health Oificar Order Notice of Appeal-Labor Commissioner Aaaaals cua1a I/2PP Jvlr 1. 2007} CIVIL CASE COVER SHEET Ppap 2 pf 2