Civil Case Cover Sheet

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

CM:010_ _ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Joseph D. Dang SBN 223944 JD Injury Law, APC 7220 Trade Street, #220, San Diego, CA 92121 TELEPHONENO; 958) 9254525 I FAX NOLZ I ElectronIFally FIled ATTORNEYFOR(Name,_. Ialntlff(s) Michael Dolcml by Superlor Court of CA, SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara County Of Santa Clara, STREETADDRESS: 191 North First Street on 3/3/2021 3:57 pM MAILING ADDRESS: - I - CITY AND ZIP CODE: San Jose CA 951 13 Eevmgze1dc3y3'751 géen BRANCH NAME; Downtown Superior Court (DTS) ase CASE NAME: Michael Dolicini v. Duc Le E"V°'°pe- 5957756 CIVIL CASE COVER SHEET Complex Case Designation CASE NUM§WCV3791 22 Unlimited E Limited E E _(Amount (Amount Counter Jomder JUDGE- 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 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 Auto (22) E Breach 0f contracflwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) E Rule 3.740 collections (09) E Antitrust/Trade regulation (03) Other PIIPDNVD (Personal InjurylProperty E Other collections (09) E Construction defect (10) DamageNVrongful Death) Tort E Insurance coverage (18) E Mass tort (40) ASbeStos (04) E Other contract (37) E Securities litigation (28) PrOdUCt “ab"ity (24) Real Property E Environmental/Toxictort (30) Medical malpraCtice (45) E Eminent domain/anerse Insurance coverage claims arising from theE Other PI/PD/WD (23) condemnation (14) 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 pmperty (26) Enforcement Of JUdgmentE Civil rights (08) Unlawful Detainer E Enforcement ofjudgment (20)E Defamation (13) E CommerCia' (31) Miscellaneous Civil ComplaintE Fraud (16) E Residential (32) E RICO (27)E Intellectual property (19) E Drugs (38) E Other complaint (not specified above) (42)E PFOfeSSiona' “eg'igence (25) JUdiCial ReView Miscellaneous Civil PetitionE Other non'Pl/PD/WD tort (35) E Asset forfeiture (05) Partnership and corporate governance (21) Employment E Petition re: arbitration award (11) E Other petition (not Specified above) (43) Wrongful termination (36) E Writof mandate (02)E Other employment(15) E Otherjudicial review(39) 2. This case E is 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.E Extensive motion practice raising difficult or novel e. ECoordination 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. ESubstantial postjudgmentjudicial supervision Remedies sought (check all that apply): a. monetary b.E nonmonetary; declaratory or injunctive relief c. Dunitive Number of causes of action (specify): One This case E is 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; March 3, 2021 Joseph D. Dang (TYPE OR PRINT NAME) 07.01%.“ NOTICE 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, 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. 0 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 . age 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10 CM-O1O [Rev. July 1, 2007] www.courtinfo.ca.gov Auto (22)-Personal Injury/Property Auto Tort case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Uninsured Motorist (46) (if the Damage/Wrongful Death 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 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, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Contract Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403)Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Insurance Coverage Claims Other Breach of Contract/Warranty (arising from provisionally complex case type listed above) (41) Collections (e.g., money owed, open Other PI/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort book accounts) (09) Collection Case-Seller Plaintiff Asbestos (04) Enforcement of Judgment Other Promissory Note/Collections Enforcement of Judgment (20) Asbestos Property Damage Case Asbestos Personal Injury/ Insurance Coverage (not provisionally Abstract of Judgment (Out of Wrongful Death complex) (18) County) Confession of Judgment (non- Product Liability (not asbestos or Auto Subrogation toxic/environmental) (24) domestic relations) Other Coverage Other Contract (37) Medical Malpractice (45) Sister State Judgment Medical Malpractice- Administrative Agency Award Contractual Fraud Physicians & Surgeons (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Contract Dispute Other Professional Health Care Malpractice Real Property Eminent Domain/Inverse Other PI/PD/WD (23) Other Enforcement of Judgment Premises Liability (e.g., slip Condemnation (14) Case and fall) Wrongful Eviction (33)Intentional Bodily Injury/PD/WD Other Real Property (e.g., quiet title) (26) Miscellaneous Civil Complaint RICO (27) (e.g., assault, vandalism) Writ of Possession of Real Property Mortgage Foreclosure Intentional Infliction of Other Complaint (not specified above) (42) Emotional Distress Quiet TitleNegligent Infliction of Declaratory Relief Only Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Injunctive Relief Only (non- Emotional Distress Other PI/PD/WD harassment) Mechanics Lien Non-PI/PD/WD (Other) Tort Unlawful Detainer Other Commercial Complaint Business Tort/Unfair Business Case (non-tort/non-complex) Commercial (31) Residential (32) Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil Other Civil Complaint (non-tort/non-complex) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Miscellaneous Civil Petition harassment) (08) Defamation (e.g., slander, libel) Partnership and Corporate (13) Governance (21) Judicial Review Fraud (16) Other Petition (not specified Asset Forfeiture (05) above) (43) Intellectual Property (19) Petition Re: Arbitration Award (11) Civil Harassment Professional Negligence (25) Writ of Mandate (02) Workplace Violence Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PD/WD Tort (35) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Elder/Dependent Adult Abuse Case Matter Election Contest Writ-Other Limited Court Case Petition for Name Change Review Petition for Relief From Late Employment Claim Other Judicial Review (39)Wrongful Termination (36) Other Employment (15) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals Other Civil Petition CM-010 [Rev. July 1, 2007] Page 2 of 2CIVIL CASE COVER SHEET CM-010 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. CfB