Civil Case Cover Sheet

Cal. Super. - 6th Dist.March 18, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/18/2021 9:15 AM Reviewed By: K. Himes Case #21CV379052 Envelope: 6059021 21CV379052 CM-01 O ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bur number, and address): FOR COURT USE ONLY JACK H. POGOSIAN, State Bar N0.: 305741 IMANASI TAHILIANI, State Bar No.2 272821 / CHRISTINA ARNOLD, State Bar N0.: 297590/ HYO JIN JULIA JUNG, State Bar N0.: 316090/ MELINE GRIGORYAN, State Bar N0.: 321 133 / MICHAEL D. KAHN, State Bar N0.: 236898/ NICHOL ALAN DE GUZMAN, State Bar N0.: 3 14989 / CAMRYN P. BERK, State Bar N0.: 3 17565 MIDLAND CREDIT MANAGEMENT, INC. 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 TELEPHONE N0.: (866) 300-8750 FAX N0.: (858) 309-1588 ATTORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 191 N. FIRST ST CITY AND ZIP CODE: SAN JOSE, CA 95113 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND CREDIT MANAGEMENT, INC. vs. THANH v BUI CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: D Unlimited Case Limited Case D C°umer D JOiNder (Amount demanded (Amount demanded Filed with first appearance by defendant JUDGE? exceeds $25,000) is $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 Auto (22) D Uninsured motorist (46) Other PI/PDNVD (Personal lnjurylProperty Contract Breach of contract/warranty (06) E Rule 3.740 collections (09) D Other collections (09) Provisionally Complex Civil Litigation Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) D Construction defect (1 0) D Mass ton (40) D Securities litigation (28) D Environmentalfl'oxic tort (30) D Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) D Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporaxe governance (21) D Other petition (not specified above) (43) DamageIWrongful Death) Tort Asbestos (04) D Product Iiability(24) D Medical malpractice (45) D Other PI/PD/WD (23) Non-Pl/PDIWD (Other) Tort Business ton/unfair business practice (07) D Civil rights (08) D Defamation (13) D Fraud (16) D Intellectual property (19) D Professional negligence (25) D Other non-PVPD/WD ton (35) Employment Wrongful terminafion (36) D Otheremployment (15) 2. This case Efis Es not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: D Insurance coverage (18) D Other contract (37) Real Property Eminent domain/Inverse condemnation (14) Wrongful eviction (33) D Other real property (26) Unlawful Detainer Commercial (31) D Residential (32) D Drugs (38) Judicial Review Asset forfeiture (05) D Petition re: arbitration award (11) D wm ot mandate (02) D Other judicial review (39) a. Large number of separately represented parties d. Large number of witnesses b. Extensive motion practice raising difficuIt or novel 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. D Substantial amount of documentary evidence f. Substantial post judgment judicial supervision monetary b. D non monetary; declaratory or injunctive relief c. D punitive. Remedies sought (check all thatapply). a . Number of causes of action (specify). ONE . This case D Is Xis not a class action suit. . If there any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: fly}! JACK H. POGOSIAN / CHRISTINA ARNOLD/ HYO JIN JULIA JUNG MELINE GRIGORYAN/ MICHAEL D. KAHN NICHOL ALAN DE GUZMAN /DCAMRYN P. BERK > (TYPE 0R PRINT NAME) O)U1#CAJ MANASI TAHILIANI A (SIGNATUC$V 0R ATTORNEV FOR PARTY) NOTICE - Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases 0r 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. o Fi|e 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. o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 of 2 Cal. Rules of Court, rules 2.30, 3.220, 3.400-3‘403. 3.740; Cal. Standards of Judicial Administration, std. 3‘10 Form Adopted for Mandatory Use Judicial Council of California CM-o1o [Rem July 1, 2007] CA_0100G File N0.: 21-25577 CIVIL CASE COVER SHEET 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 exampIe, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheetcontained 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. 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 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 Sheetto 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, if the plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Persona| Injury/Property DamageNVrongful Death Uninsured Motorist (46) (If the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PI/PDIWD (Personal lnjury/ Property DamageIWrongful Death) Tort Asbestos (O4) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmentai) (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 PI/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (1 6) Intellectual Property (1 9) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer 0r 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 drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (O2) 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 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) Environmental/Toxic Tort (30) Insurance Coverage CIaims (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 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 EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition CM-o1o (Rev. July 1 , 2007] CA_OIOOG File No.: 21-25577 CIVIL CASE COVER SHEET Page 2 of 2