Civil Case Cover SheetCal. Super. - 6th Dist.April 8, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/8/2021 11:29 AM Reviewed By: L. Imasa Case #21CV379903 Envelope: 6201004 21CV379903 CM-010 _A1TORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and addres): The Moore Law Group, APC, Adam Brumage (283180) Maria Bradish (288384) Don Phan-Huy (309853) Ryota Isozaki (321040) Dem'ck Uhri (321 161) Jeremy Kimmclman (322958) Eric Marquez (33 1023)Karlie D. Schafer (331884) P.O. Box 25145, Santa Ana, CA 92799-5 145, 3710 S. Susan Street, Ste 210, Santa Ana CA 92704 TELEPHONE N0; 800-506-2652 FAX No; ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESSJ 91 North First Street MAILING ADDRESSSEII Jose CA 95 1 13 CITY AND ZIP CODE: BRANCH NAMEDowntown Superior Court CASE NAME: _ _ Dlscover Bank V. Vlctorla A Stephenson CIVIL CASE COVER SHEEr Complex Case Designation CASE NUMBER:E Unlimited E Limited . (Amount (Amount D Counter E Jonnder 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 Complex Civil Litigation Auto (22) Breach of contracWal-ranty (05) (Cal. Rules of Court, rules 1400-1403) Uninsured motorist (46) Rule 3.740 collections (09) E Antitrustrrrade regulation (03) Other PllPD/WD (Personal lnjury/Propelty Other collections (09) D Construction defect (10) Damagelwrongfu' Death) Ton Insurance coverage (18) E MESS tort (40) ASbeStOS (04) Other contract (37) E Securities litigation (28)E DUDED E PrOdUCt liability (24) Rea] Property Environmental/Toxic tort (30) Medical ma'pmdice (45) E Eminent domain/lnverse Insurance coverage claims arising from theE Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case Non-PI/PD/wo (Other) Tort E Wrongful GVictiOH (33) types (41)E Business torf/unfair business practice (07) E Other real proPerty (26) Enforcement Of‘JUdgmentE Civil rights (08) Unlawful Detainer D Enforcement of judgment (20)E Defamation (13) commemial (31) Miscellaneous Civil ComplaintE Fraud (1s) E Residential (32) D RICO (27)E Intellectual property (19) E Drugs (38) E Other complaint (notspecified above) (42)E Professional negligence (25) Judicial Review Miscellaneous Civil PetitionE Other non'Pl/PD/WD tort (35) Asset forfeiture (05) E Partnership and corporate govemance (21) Employment E Petition re: arbitration award (11) E Other petition (not specified above) (43)E Wrongful termination (36) E Writ of mandate (02)D Other employment (15) D Other judicial review (39) 2. This case E is m is not complex under rule 3.400 of the California Rules of Court. lf the case is complex, mark the factors requiring exceptional judicial management a.E Large number of separately represented parties d.E Large number of witnesses b.D Extensive motion practice raising difficuit or novel e.D Coordination with related actions pending in one or more courts issues that will be time-consuming to resoIve in other counties, states, or countries, or in a federal court c.D Substantial amount of documentary evidence f. D Substantial postjudgmentjudicial supervision Remedies sought (check all that apply): am monetary hm nonmonetary; declaratory or injunctive relief c.E punitive Number of causes of action (specify): ONE This case E is is not a class action suit 6 If there are any known related cases, file and seNe a notice of related case. (You may use form CM-015.) Adam Brumage__ Maria Bradish_ Don Phan-Huy_ .U‘PF” APPfiefi 2321 Ryota Isozaki___ Derrick Uhri_ Jeremy Kimmelmfiz Eric Marquez Karlie D. Schafer (TYPE 0R PRINT NAME) (SIGNATURflOF PARTY 0R ATrORNEY FOR PARTY) NOTICE J!a Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (e ept small claims cases or cases filed under the Probate Code, Family Code. or Welfare and Institutions Code). (Cal. Rula of Court, rule 3.220.) Failure to file may resurt in sanctions. ' File this cover sheet in addition to any cover sheet required by local court rule. 0 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. 0 Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes onlyage 1 of2 Form Adopted for Mandatory Use Cal. Ru|es of Court. rules 2.30. 3.220. 3400-3403. 3.740; Judidal Council of California CIVIL CASE COVER SHEET Cal. Standards ofJudidal Administration. std‘ 3.10 CM-010 [RevA July 1. 2007] www.wurfinfocagov American LegalNet, Inc. www‘Forms Worfd‘low.wm CM-O10 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEEI' 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 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 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, is 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 of money owed in a sum stated to be certain fl'lat 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) pun'rtive 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 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 ajudgment in rule 3.740. To Parties 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 to the action. A defendant may file 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 plaint'rff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Personal lnjury/Property Damage/Wrongful Death Uninsured Motorist (46) (ifthe case involves an uninsured motorist claim subject to arbifiation, check this item instead ofAuto) Other PIIPDIWD (Personal Injury] Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environnental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PIIPDIWD (23) Premises Liability (e.g.. slip and fall) Intentional Bodily lnjury/PD/WD (e.g.. assault. vandalism) Intentional lnfiiction of Emotional Distress Negligent lnfliction of Emotional Distress Other PI/PDNVD Non-PllPD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g.. discrimination. false arrest) (not civil harassmeno (08) Defamation (e.ga slander. libel) (13) Fraud (16) Intellectual Property (1 9) Professional Negligence (25) ~» Legal Malpractice Other Professional Malpractice (not medical or IegaD Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-mo [Rev‘ July 1, 2007] l Print This Form CASE TYPES AND EXAM PLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawfill detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fiaud or negligence) Negligent Breach of Contract] Warranty Other Breach of Contract/Warranty Collections (e.g.. money owed, open book accounts) (09) Collection Case-Seller Piaintifi Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage 0th er Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse Condemnation (1 4) 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/Ienant or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Dru gs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residentiao Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Wn't 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 ofAppeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil thigatlon (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising fi'om provisionally complex case type listed above) (41) Enforcement of J udgment 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- harassmenfl Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-torVnon-compbx) Miscellaneous Civll Petltlon Partnership and Corporate Governan ce (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 Oth er Civil Petition Page 2 of 2 For your protection and privacy, please press the Clear This Form button after you have printed flie form. 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