Civil Case Cover SheetCal. Super. - 6th Dist.March 23, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/23/2021 1:00 PM Reviewed By: Ashley Mackenzie Case #21CV379185 Envelope: 6091942 21CV379185 CM=010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address): JACK H. POGOSIAN. State Bar NO.: 305741 /MANASI TAHILIANI, State Bar No.: 272821 / CHRISTINA ARNOLD, Stale Bar No.: 297590 / HYO JIN JULIA JUNG, State Bar N0; 3 l6090/ MELINE GRIGORYAN, State Bar No.1 321 133 / MICHAEL D. KAHN, State Bar N0.: 236898/ NICHOL ALAN DE GUZMAN, State Bar N0.: 3 14989 / CAMRYN P. BERK, State Bar N0.: 3 17565 MIDLAND CREDIT MANAGEMENT, INC. 350 CAMINO DE LA REINA. SUITE 100 SAN DIEGO, CA 92108 TELEPHONE NO.: (866) 300-8750 FAX NO.: (858) 309-1588 AWORNEY FOR (Name): MIDLAND CREDIT MANAGENIENT, INC. FOR COURT USE ONLY SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 191 N. FIRST ST CITY AND ZIP CODE: SAN JOSE. CA 95113 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND CREDIT MANAGEMENT. INC. VS. JUSTIN GONZALES Complex Case Designation D Counter D Joinder Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) CIVHL CASE COVER SHEET D Unlimited Case E Limited Case (Amount demanded (Amount demanded exceeds $25,000) is $25,000 or less) CASE NUMBER: JUDGE: 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 D Auto (22) Breach of contract/warranty (06) D Uninsured motorist (46) E Rule 3.740 collections (09) Other PI/PDNVD (Personal lnjury/Property D Othercollections (09) DamageNVrongful Death) Tort D Insurance coverage (18) ASbeStOS (O4) D Othercontract (37)D Product liability (24) Real PropertyD Medicw ma‘praCtice (45) Eminent domain/lnverse condemnation (14) D Other Pl/PD/WD (23) Wrongful eviction (33) Non-PI/PD/wo (Other) Tort D omer real property (26) Business tort/unfair business practice (07) Unlawful Detainer D Civil rights (08) Commercial (31) D Defamation (13) D Residential (32) D Fraud (we) D Drugs(3s) D InteHectuaI property (19) Judicial Review D Professional negligence (25) ASSG‘ forfeiture (05) D Other n0n_p|/pD/WD ton (35) D Petition re: arbitration award (11) Employment D Writ of mandate (02) Wrongml termination (35) D Otherjudicial review (39)D Other employment (15) Provisionally Complex Civil Litigation Eal. Rules of Court, rules 3.400-3.403) Amitrust/rrade regulation (03) D Construction defect (10) D Masstort (40) D Securities litigation (28) D Environmental/Toxic tort (30) D Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Entorcement 01 judgment (20) Miscellaneous Civil Complaint D Rico (27) D Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) D Other petition (not specified above) (43) 2. This caseUs E is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judiciaf management: Coordination with related actions pending in one or more courts in other counties states or countries 0r in a federal court Substantial post judgment judicial supervision a. Large number of separately represented parties d. B Large number of witnesses b. Extensive motion practice raising difficult or novel e. issues that will be time--consuming to resolve c. D Substantial amount of documentary evidence f. . Remedies sought (check allthatapply) a. E monetary b D non monetary; declaratory orinjunctive relief . Number ofcauses ofaction (specify). ONE c. D punitive If there are any known related cases file and serve a notice of related case. (You may use form CM-015.) 3 4 5. This case D is [s not a Class action suit. 6 Date. MAR JACK H. POGOSIAN/ MANASI TAHILIANI CHRISTINA ARNOLD/ Hvo JIN JULIA JUNG MELINE GRIGORYAN/ MICHAEL D. KAHN NICHOL ALAN DE GUZMAN /BCAMRYN P. BERK > Mé-fi (TYPE OR PRINT NAME) (SIGNATURE 0F PARTYMOHNEY FOR PARTY) NOTICE o Plaintiff must fiie this cover sheet with the first paper flied in the action or proceeding (except small claims cases or cases filed underthe Probate Code, Family Code, or Welfare ancl Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. File this cover sheet in addition t0 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. Page 1 0f 2 Form Adopted for Mandatory Use Judicial Council of Ca‘ifomia CM-OWO (Rev. July 1, 2007] CA_OlOOG File No.1 21-26523 Cali Rules of Court rules 2'30. 3.220, 3400-3403, 3.740; Cal. Standards of Judicial Administration, std. 3.10 CIVIL CASE COVER SHEET CM-010 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 Sheetcontained on page 1. This information will be used to compile statistics about the types and numbers 0f 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 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 t0 sanctions under rules 2.30 and 3.220 of the California Rules 0f Court. To Parties in Rule 3.740 Collections Cases. A ”collections case” under ruie 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, 0r (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. 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 on aH parties to the action. A defendant may file and serve no later than the time 0f 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. Auto Tort Auto (22)--Personal lnjury/Property Damage/Wrongful Death Uninsured Motorist (46) (lfthe case involves an uninsured motorist claim subject to arbitration, check this item instead 0f Auto) Other Pl/PDIWD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (O4) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos 0r 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 of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PDNVD Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) InteHectual Property (1 9) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detat'ner or wrongful eviction) Contract/Warranty BreaCh-Seller Plaintiff (not fraud 0r 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 (not provisionally 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., quite title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quite 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 Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) 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 Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 O) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from pro visiona/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-tort/non-comp/ex) Other Civil Complaint (non-tort/non-comp/ex) Miscellaneous Civil Petition Pannership 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 Relief from Late Claim Other Civil Petition CM-010 [Rev‘ July 1, 2007] CA_0100G File No.1 21-26523 CIVIL CASE COVER SHEET Page 2 of 2