Civil Case Cover Sheet

Cal. Super. - 6th Dist.March 19, 2021

CM-OIO ATTORNEY OR PARTY WTIHOUT ATTORNEY (name, state bar number, and address) Erin E. Patterson, SBN 262285 Bora Song, SBN 329308 Thomas J. Sebourn, SBN 279272 Jason W. Tang, SBN 3 14337 Patrick J. Layman, SBN 59643 Nicholas J. Babilis, SBN 291676 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 SUTTELL & HAMMER, APC FOR COURT USE ONLY Electronically Filed by Superior Court of CA, P.O. Box C-90006 Bellevue, WA 98009 TELEPHONE NO. (425) 455-8220/ (888) 788-8355 FAX NO. (425) 453-3239 california@suttelllaw.com ATTORNEY FOR: Bank of America, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose CA 951 13 BRANCH NAME: CASE NAME: Bank of America, N.A. v. David P Diffenderfer County of Santa Clara, on 3/19/2021 11:17 AM Reviewed By: R. Cachux Case #21 CV3791 67 Envelope: 6070989 CIVIL CASE COVER SHEET [] Unlimited Complex Case Designation CASE NUMBER: [ ]C0unter [ ]Joinder 21 CV379167 (Amount demanded exceeds $25,000) [ X] Limited (Amount demanded is $25,000 0r less) Filed with first appearance by Defendant (Cal. Rules ot Court, rule 3.402) JUDGE: DEPT: Items 1-6 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 [ ] Auto (22) [ ] Breach of Contract/Warranty (06) [ ] Uninsured Motorist (46) [ X] Rule 3.740 Collections (09) Other PI/PD/WD (Personal Inj ury/Property [] Other Collections (09) Damage/Wrongful Death) Tort [ ] Insurance Coverage (1 8) [ ] Asbestos (O4) [ ] Other contract (37) [ ] Product Liability (24) Real Property [ ] Medical Malpractices (45) [ ] Eminent domain/inverse [ ] Other PI/PD/WD (23) Condemnation (l4) Non-PI/PD/WD (Other) Tort [ ] Wrongful eviction (33) [ ] Business Tort] Unfair Business Practices (07) [ ] Other real property (26) [ ] Civil Rights (08) Unlawful Detainer [ ] Defamation (13) [ ] Commercial (3 1) [ ] Fraud (16) [ ] Residential (32) [ ] Intellectual Property (19) [ ] Drugs (38) [ ] Professional Negligence (25) Judicial Review [ ] Other non-PI/PD/WD Tort (35) [ ] Asset Forfeiture (05) Employment [ ] Petition re: Arbitration Award (1 1) [ ] Wrongful Termination (36) [ ] Writ of Mandate (02) [ ] Other Employment (15) [ ] Other Judicial Review Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) [ ] Antitrust/Trade Regulations (03) [ ] Construction 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 0f Judgment (20) Miscellaneous Civil Complaint [ ] RICO (47) [ ] Other Complaint (not specified above) (42) Miscellaneous Civil Petition [ ] Partnership and corporate governance (21) [ ] Other petition (not specified above (43) 2. This case [ ] is [ X] is not complex under rule 3.400 of the California Rules of Court. If case is complex, mark the factors requiring exceptional judicial management: a. [ ] Large number 0f separately represented parties b. [ ] Extensive motion practice raising difficult or novel issues that will be time- consuming to resolve c. [ ] Substantial amount of documentary evidence 3. Remedies sought (check all that apply) a. [X] monetary b. [ ] nonmonetary; declaratory 0r injunctive relief c. [ ] punitive d. [ ] Large number 0f witnesses e. [ ] Coordination and related actions pending in one 0r more courts in other counties, states, or countries, 0r in a federal court f. [ ] Substantial post-disposition judicial disposition 4. Number 0f causes 0n action (specify): 2 5. This case [ ] is [ X] is not a class action suit. 6. If there are any known related cases, file and serve a notice of related cases. (You may use form CM-015) March l7, 2021 ( ) Thomas J. Sebomn, SBN 279272 ( ) Bora Song, SBN 329308 ( ) Erin E. Patterson, SBN 262285 ( XCarina M. Jordan, SBN 302099 Dated ( )Nicholas J. Babilis, SBN 291676 ( ) Patrick J. Layman, SBN 59643 ( )Jason W. Tang, SBN 314337 ( ) Shane T. Wate, SBN 302738 ’ (TYPE 0R PRINT NAME) (SIGNATURE) L/ NOTICE o Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases 0r cases filed under the Probate code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure t0 file may result in sanctions. u File this cover sheet in addition to any cover sheet required by local court rule. o 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 t0 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. Page 1 on Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Judicial Council of Califomia CM-OlO [ReV. July 1, 2007) Cal. Rules 0f Court, rules 2.30, 3.220, 3400-1403, 3.740 Cal. Standards of Judicial Administration, std. 3.10 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM_0 1 0 T0 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 you first paper, the Civil Case Cover Sheet contained 0n 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. 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, 0r both to sanctions under rules 2.30 and 3.220 0f the California Rules 0f Court. To Parties in Rule 3.740 Collections Cases. A “collections case” under rule 3.740 is defined as an action for recovery ofmoney 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 0n 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 Patties 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 t0 the action. A Defendant may file and serve n0 later than the time 0f its first appearance a joinder in the Plaintist 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 Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead 0f Auto) Other PI/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) 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 Case Malpractice Other PIfPD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-PI/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 (19) 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) Contract Breach 0f Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud 0r negligence) Negligent Breach 0f Contract/ Warranty CASE TYPES AND EXAMPLES 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 (not provisionally Complex) (1 8) Auto Subrogation Other Coverage Other Contract (3 7) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) 26) Writ 0f Possession 0f Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent Domain, landlord/tenant, or Foreclosure) Unlawful Detainer Commercial (3 1) Residential (32) Drugs (38) (ifthe 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 ofMandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (3 9) Review 0f Health Officer Order Notice of Appeal-Labor Commissioner Appeals 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) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally 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-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified Above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for ReliefFrom Late Claim Other Civil Petition CM-010 [ReV. July 1, 2007) CIVIL CASE COVER SHEET Page 2 of 2