Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 8, 2021

San Jose CA 95113 Downtown Supepor Cgdri CASE NAME Portfoho Recovery Assomates, LLC v. FRANCIS W PALMER ATTDRNEY QR PARTY INITHDUT ATTDRNEY /Neme, sible Ber number end address) Hunt & Hennques, Attorneys at Law Donald Sherrill ¹266038 j j Keri L. Salet ¹318913 7017 Realm Dr., San Jose, CA 95119 TELEPHONE NO (800) 680-2426 Fax No (408) 362-2299 ATTORNEY FOR (Nsmei Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND ZIP CODE BRANCH NAME FOR COURT USE ONLY CM-010 CIVIL CASE COVER SHEET Complex Case Designation C3 Unlimited M Limited (Amount (Amount 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 1-5 below must be completed /see instructions on paoe 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) Rule 3 740 collections (09) Other pl/pD/WD (personal Injury/property E j Other collections (09) Damage/Wrongful Death) Tort Insurance coverage (18) Asbestos (04) Other contract (37) Product liability (24) Real Property Medical malpractice (45) Eminent domain/Inverse Other Pl/PD/WD (23) condemnation (14) Non-Pl/PD/WD (Other) Tort Wrongful eviction (33) Other real property (26) Business tort/unfair business practice (07) Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Fraud (16) Residential (32) Intellectual property (19) Drugs (38) Professional negligence (25) Judicial Review Other non-Pl/PD/WD tort (35) Asset forfeiture (05) Employment Petition re arbitration award (11) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other ludicial review (39) 2. This case LJ is MX 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. ~ Large number of 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. QQ monetary 4. Number of causes of action (specify): 1 5. This case ~ is ~ is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may ussvform c/f¹-0/5) ',y (sf&NATURE QF PARTY DR ATTQRNEY FoR PARTYI Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400&.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities htigation (28) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of )udgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint lnof specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (nof spewfied above) (43) d. ~ Large number of witnesses e. ~ Coordination and related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. ~ Substantial postjudgment judicial supervision b. ~ nonmonetary; declaratory or injunctive rehef c.~punitive Keri L. Salet ¹318913 (TYPE OR PRINT NAME) Form Adopted for Mandatory Use Jvdhbisf Cpupdi of California CM-010 [Rev July I, 200rf 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 m 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 Cahfornia 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 shall be used for statistical purposes onlyPedef ef2 CIVIL CASE COVER SHEET Cei RvlespfCovd,rvles230,3220.3400-3403,3T40,Cel Standards of Jvd 0 ei Admipistretio, sid 3 (0 vvwvv bevlflflfb bs gpv 1 384149. 001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/8/2021 11:03 AM Reviewed By: L. Imasa Case #21CV379932 Envelope: 6200692 21CV379932 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 Sheet contained on page I This information will be used to compile statistics about the types and numbers of cases filed. You must complete items I through 6 on the sheet. In item 1, you must check one box for the case type that best descnbes the case. If the case fits both a general and a more specific type of case listed in item I, 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 I 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 m 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'nder 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, ansing from a transaction in which property, serwces, or money was acquired on credit. A collections case does not include an action seeking the following: (I) 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 sub)act 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 C/w/ 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 completmg the appropnate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on aff parties to the action. A defendant may file and serve no tater 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)-Personal lnlury/Property Damage/Wrongful Death Uninsured Motorist (46) (// Ihe case involves an uninsured moioris/ claim suciec/ to srbi/re/ion, check Ibis item instead of Auto) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Inlury/ Wrongful Death Producl Liabihty (not esses/os or tome/environmen/a/) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liabihty (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g, assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infhction of Emotional Distress Other Pl/PD/WD Non-Pt/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discnmination, false arrest) (no/ ciwl harassment)(08) Defamation (e.g., slander, hbei) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legs/) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM sic [nev Jviy i, 2007) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (nof unlawful detainer or wrongful evic//on) Contract/INarranty Breach-Seller Plaintiff (nol fraud or neg/igence) 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) (18) 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) Wnt of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (no/ eminent domain, land/orch'/enani, or /orec/osure/ Unlawful Detainer Co mme ra at (31) Residential (32) Drugs (38) (i/ the case /nvo/ves 4/ega/ drugs, check ibis item; oihenvise, repen as Commercial or Residenriai) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Wnt of Mandate (02) Writ-Administrative Mandamus Wnt-Mandamus on Limited Court Case Matter Wnt-Other Limited Court Case Review Other Judioal Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rule 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Secunties Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (nosing from provisions//y comp/ex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domesi/c re/a//ons/ Sister State Judgment Administrative Agency Award (no/ unpaid taxes) Petition/Cerhfication of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not spew/ied above) (42) Declaratory Rehef Only Iniunctive Rebel Only (non- harassment) Mechanics Lien Other Commeroal Complaint Case (non-ton/non-complex) Other Civil Complaint (non-/orr/nonwomplex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (nof specified shove) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Rehef from Late Claim Other Civil Petition Psgv 2 of 2 1384149.001