Civil Case Cover SheetCal. Super. - 6th Dist.March 18, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/18/2021 2:02 PM Reviewed By: R. Cachux Case #21CV379128 Envelope: 6062883 21CV379128 CM-01O __ Luis DuenaslSBN 271873;Martin Weingarten/SBN 201906;.Justin RyanISBN 261672 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address): FOR COURT USE ONLY Persolve Legal Group, LLP 9301 Corbin Ave Ste 1500. Nodhridge. CA 91324 TELEPHONE m1: 818-534-131 00 FAX N0; 81 8-534-31 4D ATrORNEY FOR (Name): DNF Associates, LLC SUPERIOR COURT 0F CALIFORmA, COUNTY 0F SANTA CLARA STREETADDRESS: 191 NORTH FIRST ST MAILING ADDRESS: CITY AND ZIP CODE: SAN JOSE, CA 951 1 3 BRANCH NAME: DOWNTOWN SUPERiOR COURTHOUSE CASE NAME: DNF Associates, LLC vs. ROGELIO Z HERNANDEZ DCIVIL CASE C&VER SHEET Complex Case Designation CASE ~UMBER: Unlimited Limited . (Amount (Amount a Counter D 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 Com‘plex Civil Litigation Auto (22) Breach of contractlwarranty (06) Cal. Rules of Court, rules 1400-1403) Uninsured motorist (46) Rule 3.740 coliections (09) AntitrusUTrade regulation (03) Other PHPDMD (Personal Injuwlpropeny Other collections (09) Construction defect (1D) Insurance coverage (1 8) Mass tofl (40)DamageIWrongful Death) Tort . . . . . Other contract (37) Securities litigation (28) Asbestos (04) . . . . . EnwronmentalfToxnc tort (30) Product [lablllty (24) Real Property . . . . . . . Insurance coverage claims ansmg from the Medical malpractice (45) D Emmentdomalnllnverse above “sled mvisiona" complex case Other PIIPD/WD (23) condemnation (14) p y Wrongful eviction (33) types (41) Other real property (26) Enforcement of Judgment _ Enfofcement of judgment (20) Non-PIIPDIWD (Other) Tort Business tort/unfair business practice (07) Civil rights (08) Unlawful Detainer‘ _ Defamation (13) Commercial (31) Miscellaneous Civil Complaiftt Fraud (16) Residential (32) a Rico (27) ‘Intellectual property (19) Drugs (38) Other complainuh'otspecifled above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non'PUPD'WD ton (35) Asset forfeiture (05) a Partnership and corporate governance (21)Employment Petition re: arbitration award (1 1) Other petition (n'o! specified above) (43) Wrongful termination (36) Writ of mandate (02) Other employment (1 5) Otherjudicial review (39) 2. This case D is m is not complex under rufe 3.400 of the California Rules of Court. lfthe case is complex. mark the factors requiring exceptional judicial management: a. Large number of separately represented panies d. 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 o'ther counties. states. or countries or in a federal court c. D Substantiai amount of documentary evidence f. Substantial postjudgment judicial supérvisio‘n 3. Remedies sought (check all that apply): a.m monetary b. nonmonetary; declaratory or injunctive relief c. D punitive 4. Numberof causes of action s ecify): Four (4): Breach of Contract. Money Lent. Open Book Account, Account Slated 5. This case CI is fl is not a class action suit. 6 [f there are any known related cases. file and serve a notice of related case (You may use form CM-O15.) Date z/ 6/Zifffln \Qc/j W; i) ?%zfl [TYPE OR PRINT NAME)LJ SIGNATURE OF PARTY DR ATTORNEY FOR PARTY) NOTICE o Plaintiff must file this caver sheet with the first paper filed in the aCtion Or proceeding (except sméll Elaigns cé'ses or cases filed under the Probate Code, Family Code. or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to'file ffiay fesult in sanctions. File this cover sheet in addition to any cover sheet required by local couf't 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 0"n a‘lI 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. Paga 1'of 2 CIRI ofCon rusle 2303220 3fl4003403374002 53mdicilAldoCgmldcffgfhéaaliogmg Use Essefltlal CIVIL CASE COVER SHEET a gaelSStandgrdsof JudiciaIAdz-ninistralion sld. CM 0|Rav Jul1.y www.wunin'fo. ca.gov CM-010 INSTRUCTIONS 0N 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 pa er. the Civil Case Cover Sheet contained on statistics about the types and numbers o cases filed. You must complete items 1 throug age 1. This information will be used to compi1e 6 on the sheet. In item 1. you must check one box for the caset pe 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 speci Ic 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 belowA 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 fqurecovery of money_ ' owed in a sum stated to be certain that is not more than $25,000. exclusive of interest and attorney's fees, ansmg from a transaction In which property, services, or mone§)was acquired on credit. A collections case does not Include an action seeklng the fol|0wmgz (1) tort damages, (2) punitive damages, ( attachment The identification of a case as a rule 3‘740 colleciions case on this form means that it wi recovery of real property. (4) recovery of personal property, or (5a a prejudgment writ of be exempt from the eneral time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 co fections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In comfi case is comptex. If a plaintiff believes t |ex cases Only, parties must also use the Civil Case Cover Sheet to designate whether the e 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 ?laintiff designates a case as complex, the cover sheet must be sewed with the Icomplaint on all panies to the action. A defendant may le 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. Auto Tort Auto (22)-Personal 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 PIIPDNVD (Personal Injury! Property DamagelWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury] Wrongful Death Product Liability (no! asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians a Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e.gq slip and fall) Intentional Bodily Injury/PDNVD (e.g.. assault. vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Oxher PI/PDNVD Non-PIIPDNVD (Other) Tort Business TorL/Unfair Business Practice (07) Civil Rights (e.gl, discrimination. false arrest) (no! civil harassment) (08) Defamation (3.9,, slander. libel) (13) Fraud (16) Intellecfiual Property (1 9) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (no! medical or legal) Other Non-Pl/PDNVD Ton (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 or wrongful eviction) Contract/Warranty Breach-Seller Ptaintiff (nor fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of ContracWVarranty Collections (e.g.. money owed. open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Coflections Case Insurance Coverage (not provisionally complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Conttact Dispute Real Property Eminent Domain/lnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Propeny (not eminent domain, Iandlord/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 (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Wril-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 3400-1403) Antitrust/Trade Regulation (03) Construction Defect (1 O) Ciaims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Absttact of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) PetitionlCertification 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 Civi! Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (nor specified above) (43) Civil Harassment Workplace Violence ElderlDependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition CM-O10 [Rem July 1. 2007] CEB- I Essential cebxom EEFdoms. CIVIL CASE COVER SHEET Paga 2 of 2