Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 7, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/7/2021 8:49 AM Reviewed By: V. Taylor Case #21CV379908 Envelope: 6189183 21CV379908 CM-01 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bur number, and address): FOR COURT USE ONLY JACK H. POGOSIAN, State Bar No.2 305741 IMANASI TAHILIANI, Stale Bar No.2 272821 / CHRISTINA ARNOLD, State Bar No.1 297590 / HYO JIN JULIA JUNG, State Bar No.2 316090/ MELINE GRIGORYAN, State Bar No.2 321 133 / MICHAEL D. KAHN, State Bar No.1 236898 / NICHOL ALAN DE GUZMAN, State Bar No.1 314989 / CAMRYN P. BERK, Slate Bar No.1 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 ATTORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 191 N. FIRST ST CITY AND Z|P CODE: SAN JOSE, CA 951 13 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND CREDIT MANAGEMENT, INC vs. REUEL HENRY C|V|L CASE COVER SHEET Complex Case Designation CASE NUMBER: Unlimited Case E Limited Case D Coumer D J°indef (Amount demanded (Amount demanded Filed with first appearance by defendant JUDGE: exceeds $25,000) is $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 Auto (22) D Uninsured motorist (46) Other PIIPDNVD (Personal lniury/Property Damage/Wrongful Death) Tort D Asbestos (04) D Product liability (24) D Medical malpractice (45) D Other PI/PD/WD (23) Non-PI/PD/WD (Other) Tort Business ton/unfair business practice (07) D Civil rights (03) D Defamation (13) D Fraud (16) D Intellectual property (19) D Professional negligence (25) D omer non-PI/PD/WD ton (35) Employment Wrongful termination (36) D Otherenfloyment (15) Contract Breach of contract/warranty (06) E Rule 3.740 collections (09) D Othercollections (09) D Insurance coverage (18) D Othercomract (37) Real Property Eminent domain/Inverse condemnation (14) Wrongful eviction (33) D Other real propeny (26) Unlawful Detainer Commercial (31) D Residential (32) D Drugs (38) Judicial Review Asset forfeiture (05) D Petition re: arbitration award (1 1) D Writ of mandate (02) D Other judicial review (39) Provisionally Complex Civil Litigation Em. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) D Construction detect (10) D Mass ton (40) D Securities litigation (28) U Environmental/Toxic ton (30) D Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of iudgment (20) Miscellaneous Civil Complaint 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 caseD is Xis not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts a. Large number of separately represented parties d. B Large number of witnesses issues that will be time-consuming to resolve c. D Substantial amount of documentary evidence . Remedies sought (check allthatapply):a. E monetary b. D non mone‘ary: declaratory orinjunctive relief c.#00 . Number of causes of action (specify): ONE . This case D is is not a class action suit. mm Date: JACK H. POGOSIAN/ CHRISTINA ARNOLD/ LINE GRIGORYAN/ MANASI TAHILIANI HYO JIN JULIA JUNG MICHAEL D. KAHN NICHOL ALAN DE GUZMAN /DCAMRYN P. BERK ’ in other counties, states. or countries, or in a federal court f. D Substantial post judgment judicial supervision punitive If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) (TYPE OH PRINT NAME) ) (SIGNATURE OF PARTY OH ATTORNEY FOR PARTY) action or proceeding. NOTICE - 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 panies to the - 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 of2 Form Adopted for Mandatory Use Cal. Rules oi Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Cal. Standards of Judicial Administration, std. 3.10 CIVIL CASE COVER SHEETJudicial Council of California CM-010 [Hev. July 1, 2007] CAfiOlOOG File N0.: 20-205144 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 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 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, 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 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 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 all parties to the action. A defendant may file and serve no later than the time of 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)--Persona| 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 Pl/PDNVD (Personal Iniury/ Property DamageNVrongful 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 Care Malpractice Other PI/PDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDNVD (e.g., assault, vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Other Pl/PD/WD Non-Pl/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) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non 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 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, 0r 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 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 (O3) Construction Defect (1 0) 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-comp/ex) 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 EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition CM-01O [Rev. July 1, 2007] CA_OlOOG File No.2 20-205144 CIVIL CASE COVER SHEET Page>2 of 2