Civil Case Cover SheetCal. Super. - 6th Dist.April 5, 2021CM-01 0 _ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Matthew Matern; Tagore Subramaniam; Julia Wells SBN: 159798; 280126; 3 14242 Matern Law Group, PC 1230 Rosecrans Avenue, Suite 200, Manhattan Beach, CA 90266 TELEPHONEN0.2(310) 531-1900 FAXNo.;(310) 531-1901 EleCtron'Fany F'led ATTORNEY FOR (Name).-P1aintiff Kody Walker by superlOr COUI’t Of CA, SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA ounty Of Santa Clara, STREET ADDRESS: 191 North First Street on 4/5/2021 5:32 PM MAILING ADDRESS: 191 North First Street Reviewed By: R. Walker CITY AND ZIP CODE: San Jose 951 13 ~ ’ . C ase #21 CV3791 48 BRANCH NAME.Downtown Superlor Court CASE NAME: Kody Walker V. D.P.M.S., Inc., et a1. t nveloPe: 61 77604 CW“- CASE COVER SHEET Complex Case Designation isiNfiv Unlimited E Limited E E , 3791 48(Amount (Amount counter Jolnder G I demanded demanded is Filed with first appearance by defendant JUD E' 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 LitigationE Auto (22) Breach of contraci/warraniy (06) (cal. Rules 01 court, rules 3-4004-403) Uninsured motorist (46) Rule 3.740 colleciions (09) Antitrust/Trade regulation (03) Other PI/PD/wn (Personal Injury/Property E Othercollections (09) 0°"StrUC‘i0" defec‘ (10) Mage/Wrongful Death) Tort E Insurance coverage (18) Mass Ion (40)u ASbeSiOS (04) E Oiher contract (37) Securiiies litigaiion (28) Product liability (24) Real property Environmental/Toxic ton (30) DD DD DDDDDD Medical malpractice (45) E Eminent domain/Inverse Insurance coverage claims arising from theE Other PI/PD/WD (23) condemna‘ion (14) above listed provisionally complex case Non-PI/PD/WD (Other) Tort E Wrongful eviction (33) types (41)E Business Ion/unfair business practice (07) E Other real prOpefly (26) Enforcement Of JuagmemE Civil rights (08) Unlawful Detainer D Enforcement of judgment (20)E Defamaiion (13) E CommeI’Cial (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 Professional negligence (25) Judicial Review Miscellaneous CW" PetitionE Other ”on'PI/PD/WD 1°“ (35> E Asset forfeiture (05) Pannership and corporate governance (21) Employment E Petition re: arbitration award (11) D Other petition (not specified above) (43) Wrongful termination (36) E Writ of mandaie (o2) Other employment (15) E Otherjudicial review (39) 2. This case 'Is E 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. Large number of witnesses b.E Extensive motion practice raising difficult or novel e.D 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. Substantial amountofdocumentary evidence f. E Substantial postjudgmentjudicial supervision 3. Remedies sought (check all thatapply): a.- monetary b.- nonmonetary; declaratory or injunctive relief c. Epunitive 4. Numberof causes of action (specify):Ten (10) 5. This case is E is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. ou may use form CM-015.) Date: April 5, 2021 Matthew J. Matern p (TYPE OR PRINT NAME) (SIGNATURE dFPARTY OR ATTORNEY FOR PARTY) 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. - 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. - Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. 1 i2age 0 Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Judicial Council of California Gal. Standards of Judicial Adminis‘ration, s‘d. 3.10 CM-OIO [Rev. July 1, 2007] www.courtinfa.ca.gov Westlaw Doc & me Bullder' M- 1 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET C o o 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 Sheetcontained on page 1. This information will be used t0 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. T0 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 t0 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 0f 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, sewices, 0r money was acquired 0n credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery 0f real property, (4) recovery 0f personal property, 0r (5) a prejudgment writ 0f attachment. The identification 0f a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-sen/ice 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 sewice 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 0n all parties t0 the action. A defendant may file and serve n0 later than the time 0f its first appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, 0r, if the plaintiff has made n0 designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subje ct to arbitration, check this item instead ofAuto) Other Pl/PD/WD (Personal lniury/ Property Damage/Wrongful Death) Tort As bestos (O4) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction 0f Emotional Distress Negligent Infliction 0f Emotional Distress Other PI/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (1 9) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-OIO [Rev. July 1, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentaI/Lease Contract (not unlawful detainer or 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 (notprovisiona/ly complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse 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 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 Commercia/ or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) 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 CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentaI/Toxic Tort (30) Insurance Coverage Claims (arising from provisiona/ly 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-torb/non-comp/ex) Other Civil Complaint (non-tort/non-comp/ex) 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 Page 2 of 2