Civil Case Cover Sheet

Cal. Super. - 6th Dist.March 3, 2021

CASE NUMBER: ATTORNEY OR PARTY WITHOUT ATTORNEY /Neme State Bet number, end eddn ssb Kimbcrii C. Zazzi (SBN 249638); Vincent M. Onorio (SBN 117699) Lemon Law Pro 1098 Melodv Lane, Buiidina 200 Roseville, CA 95678 TELEPHONE Nau (9 16) 836-8566 FAX NO (916) 836-8583 ATTORNEY FQR twomo). Plaintiff, LuiS FlnreS BOrunda SUPER)DR coURT oF QALIFQRNIA, coUNTY QF Santa Clara sTREET ADDREss'91 N, First Street MAILING ADDRESS'ITYANDzIPQQDF: San Jose, CA 95113 BRANcH NAME Clvtl CASE NAME: Borunda v. General Motors LLC; and Does 1-10 CIVIL CASE COVER SHEET Complex Case Designation Unlimited Limited (Amount (Amount W Counter Joinder demanded 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 comp/e/ed (see /ns/ruc//ons on page 2). 1. Check one box below for the case type that best describes this case: FOR COURT USE ONLY CM-010 Auto Tort Auto (22) Uninsured motorist (46) Other Pl/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort Asbestos (04) Product liability (24) Medical malpractice (45) Other Pl/PD/VVD (23) Non-Pl/PD/WD (Other) Tort Bustness tort/unfair business practtce (07) C] Civil rights (08) Defamation (13) Fraud (16) Intellectual property (19) Professional negkgence (25) Other non-Pl/PD/WD tort (35) Employment Wrongful termtnation (36) Other employment (15) ontract Breach of contract/warranty (06) Rule 3.740 collections (09) Other collections (09) Insurance coverage (18) Other contract (37) Real Property Eminent domain/Inverse condemnation (14) Wrongful evtctton (33) Other real property (26) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) Judicial Review Asset forfeiture (05) Petttton re: arbitration award (11) Writ of mandate (02) Other judicial review (39) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Construct)on defect (10) 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) Miscellaneous Civil Complaint RICO (27) Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnershtp and corporate governance (21) Other petition (no/ specified above) (43) Form Adapted for Mandatory Uss Judicial Council of Celtfomte CM010 [Res. July I, 2007) www coutttnfo.ce gov 2. This case LJ is Mv is not complex under rule 3.400 of the California Rules of Court. If the case Is complex, mark the factors requinng exceptional judicial management: a. M Large number of separately represented parties d. H Large number of witnesses b. ~ Extensive motion practice raising difficult 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. H Substantial amount of documentary evidence f. M Substantial postjudgment judicial supervision 3. Remedies sought (check all that app/y): a. v monetary b. p'onmonetary; declaratory or injunctive relief c. ~ punitive 4. Number of causes of action (speci/y)/ One 5. This case Is 4's not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (you may use f CM-015.) Date: March 3, 2021 Kimherji Zazzi ECTYPE OR PRINT NAME) ~NATURE OF PaaaSRHCATTQRNEY FOR PARTY) NOT1CE ~ 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 praceeding. ~ Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onlY. Pens 1 of2 CIVIL CASE COVER SHEET Cel. Rules of Court, rules 2.30, 3.220, 3 400-3X03, 3 740,Cel Stsndetds of Judicial Admtntsttelton std 3 10 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/3/2021 11:54 AM Reviewed By: R. Tien Case #21CV379113 Envelope: 5954183 21CV379113 CM-010 Page2afg 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 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, 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 mterest 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 3400 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 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 EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (I/the Contract (no/ unlawful detainer Construction Defect (10) case invc/veg an uninsured or wrongful eviclion) Claims Involving Mass Tort (40) motorist claim subject Io Contract/Warranty Breach-Seller Securities Litigation (28) arbitration, check this item Plaintiff (nc/ fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other Pl/PD/WD (Personal Injury/ Warranty (ar/s/ng from prov/s/ona//y complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos(04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County) Case Confession of Judgment (non- Product Liability (no/ asbestos or Insurance Coverage (nc/ provisionally domestic re/a//ong) toxic/environmental) (24) comp/ex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice- Other Coverage (nol unpa/d taxes) Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other Pl/PD/WD (23) Real Property Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (net specified (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional Infliction of Writ of Possession of Real Property Declarator Relief Onl Emotional Distress Injunctive Relief Only (non- Negligent Inffiction of harassment) Emotional Distress Other Real Property (noi eminent Other Pl/PD/WD domain, /and/err//enact, or Other Commercial Complaint Non-Pl/PD/WD (Other) Tort foreclosure) Case (non-Iort/non-comp/ex) Business Tart/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) Commercial (31) Civil Rights (e.g., discrimination, Residential (32) false arrest) fnc/ civil Drugs (38) (If the case involves r//sga/ harassment) (08) drugs, check this item; otherwise, Other Petition (not specifiedDefamation (e.g., slander, libel) repor/ as Commercial or Res/den/ia/) above) (43)(13) J u die i a I Review Civil HarassmentFraud (16) Asset Forfeiture (05) Intellectual Property (19) Petition Re: Arbitration Award (11) Professional Negligence (25) Writ of Mandate (02) Legal Malpractice Writ-Administrative Mandamus Other Professional Malpractice Writ-Mandamus on Limited Court (nct medical or legal) Case Matter Petition for Relief From LateOther Non-Pl/PD/WD Tort (35) Writ-Other Limited Court Case ClaimEmployment Review Other Civil PetitionWrongful Termination (36) Other Judicial Review (39)Other Employment (15) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET