Civil Case Cover SheetCal. Super. - 6th Dist.March 18, 2021rATTQRNEYQR pARTY wITHDUTATTDRNcY (Namp., stafaBaccumga, acdaddraaafHunt & Henriques, Attorneys at LawDonald Sherrill ¹266038 j j Adam Kfdd ¹328520 7017 Realm Dr, San Jose, CA 95119 TELEPHONE NO (800) 680-2426 FAx No (408) 362-2299 ATTORNEY FOR (Namal Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North Ffrat Street MAILING ADDRESS clTY AND zip CODE San Jose CA 95113 BRANGH NAME Downtown Supanor Court CASE NAME: Bank of America, N.A. v. MANDO A GOMEZ FOR COURT USE ONL Y Cfill-010 CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER~ Unlimited ~X Limited (Amount Counter H Joinder demanded demanded is Flied with first appearance by defendant exceeds $25.000} $25,000 or less) (Cal. Rules of Court, rule 3.402) f DEPT Items 1 -5 below must be comp/eted (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/warran (06) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3A00-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities litigatfon (28) Environmental/Toxic tort (30) Insurance coverage claims anslng from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of }udgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (not specified shove) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (nof specified above) (43} ty Rule 3.740 collections (09) Other collections (09) Insurance coverage (18) Other contract (37) Real Property Eminent domain/Inverse Uninsured Motorist (46) Other Pl/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort Asbestos (04) Product liabikty (24) Medfcal malpractice (45) Other Pl/PD/WO 23 condemnation (14) Wrongful evfction (33) Other real property (26) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) Judicial Review ( ) Non-PVPD/WD (Other) Tort Business tort/unfair business practice (07) CNII rights (08) Defamatfon (13) Fraud (16) Intellectual properly (19) Professfonal negligence (25) Other non-PI/PD/WD tort (35) Employment Wrongful termination (36) Other employment (15) Asset fodei!ure (05) Petitfon re: arbitration award (11) Writ of mandate (02) Other judicial review (39) 2. Thfs case LJ is LXJ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional iudicial management: a. ~ Large number of separately represented parties b. ~ Extensfve motion practice raising difficult or novel issues that wfll be time-consuming to resolve c. ~ Substantial amount of documentary evidence 3. Remedfes sought (check a/I that app/y): a. QQ monetary 4. Number of causes of action (specffy): 1 5. This case ~ Is DE is not a class actfon suit. 6. If there are any known related cases, file and serve a notice of related case. (You may Use form CM-015) Date: March 11, 2021 , 7¹lg'fffcdt.' .M'I ' Ef /74/ d. ~ Large number of witnesses e. ~ Coordination and related actions pending In one or more courts in other counties, states, or countnes, or in a federal court f. ~ Substantial post}udgment judicial supervision b. C] nonmonetafy; declaratory or injunctive relief c.~ punitive CIVIL CASE COVER SHEET Adam Kidd ¹RPR520 gvfr riff NOTICE ~ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases flied 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 additfon to any cover sheet required by local court rule. 4 If this case Is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy ot this cover sheet on all other parties to t:te action or proceeding 4 Unless this Is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statisticai purposes only. Paaa I of 2 Cal Rulaac(Gauri, rulaa230, 3220,3400-3403 3740, Cal Standards of Jude al Admfcfatratfcc, 3rd 3 10 www cauufcfc ca gc 1444070.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/18/2021 2:00 PM Reviewed By: R. Cachux Case #21CV379126 Envelope: 6062929 21CV379126 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are firing a first paper (for example, a complaint) m 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 descnbes the case. If the case ftts both a general and a more specific type of case listed in item 1, check the more spectftc 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 /nit/el paper. Failure to file a cover sheet with the first paper filed in a civil case may subiect a party, its counsel, or both to sanctions under rules 2 30 and 3.220 of the Cahfornta Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defmed as an action for recovery of money owed in a sum stated to be certain that ts not more than $25,000, exclusive of interest snd attorney's fees, ansing from a transaction tn whtch props )t, se vices, ar ittoitey'as acciuired on credii. A caiiecttons case does not inmude an action seeking the followtng: (1) tortdamages, (2) punitive damages, (3) recovery of real property, (4) recovery of personaf property, or (5) a prejudgment wnt of attachment. The tdentification of a case as a rule 3 740 collections case on this form means that tt wtfl be exempt from the general time-for-service requtrements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be sublect to the requtrements for service and obtaming a ludgment tn rule 3.740. To Parties in Complex Cases. fn complex cases only, parties must also use the Ctv// Case Cover Sheet to designate whether the case is complex. If a plamttff believes the case ts complex under rule 3.400 of the California Rules of Court, thts 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 wtth the complaint on all parties to the act/on. A defendant may file and serve no later than the time of its first appearance a joinder m 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)-Personal Injury/Property Damage/Wrongful Death Umnsured Motorist (46) (t/rhe case involves an uninsured mo/ansi claim subject fo arbitration, check Ihts item instead of Auto) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tal1 Asbestos (04) Asbestos Property Damage Asbestos Personal Iniury/ Wrongful Death Product Ltabtltty (nol asbestos or Ioxic/env/ronmen/0/) (24) Medical Malpracuce (45) Medical Malpractice- Phystoans & Surgeons Other Professional Health Care IV!alpractice Other Pl/PD/WD (23) Premises Liability (e.g., stp and fall) intent/anal Bodtly Injury/PD/WD (e.g., assault, vandaksm) Intentional Infltctton of Emottonai Distress Negligent Infitction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice {07) Civil Rights (e.g., dtscnminatton, false arrest) (not civil harassment)(08) Cutamatton (e.g, slander, libel) (13) Fraud (16) Intellectual Property (t 9) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (nol medtce/ or legal) Other Non-Pl/PD/WD Tort (35) Employment INrongiul Termination (36) Other Employment (15) cu-Otc fne Jvty t, Zccri CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (nor unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Piatnttff (nof /raud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/tiyarranty Collections (e.g, money owed, open book accounts) {09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage /nof provtslonelly comp/ex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation(14) Wrongful Evtctton (33) Other Real Property (e.g., quiet title) (26) Wnt of Possession of Real Property Mortgage Foreclosure Quiet Tttie Other Real Property /na! eminent domain, /end/aid/fenanf, ar foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (/f t/te case involves il/egal drugs, check this item; o/henvtse, report as Cammerc/sl or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Wrx of Mandate (02) Writ-Administrative Mandamus Wnt-Mandamus on Limited Coun Case Matter Wnt-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cel. Rules of Court Rule 3A00-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Secunttes Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Ciatms (arising from provtstonaliy complex case fype listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment /non- domestic re/0/iona) Sister State Judgment Administrative Agency Award (nol unpaid taxes) Petitton/Certtficatton of Entry oi Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO {27) Other Complaint (not specified above)(42) Declaratory Rekef Only Iniunctwe Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (nan-fon/nan-camp/ex) Other Civil Camplatnt (nan-Ion/non-complex) Miscellaneous Civil Petition Parlnershtp and Corporate Governance (21) Other Petition (nol spec//ted abave) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Page 2 ot 2 1444070.001
