Civil Case Cover SheetCal. Super. - 6th Dist.April 13, 202121CV380041 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/13/2021 3:30 PM Reviewed By: R. Guillermo Case #21CV380041 Envelope: 6232739 CM- 10 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name. Stats Bar numben and address): FOR COURT USE ONLY ’- “Matthew w. Quan, Esq. #1 83759/ Ranjeet K. Brar, Esq. #297142 SBN: Tiffanv A. Pack. Eso. #323 1 59/ Claudia Yvette Case. Esq. #328212/In2rid V. Cacro. Esa.#3 1 7349 QUALL CARDOT LLP 205 East River Park Circle, Suite I 10 Fresno, CA 93720 TELEPHONE N0.: (888) 289-1 231 FAX N0.;(559) 418-0330 ATTORNEY FOR (Name): CAVALRY SPV I, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sa nta Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose CA 951 13 BRANCH NAME; CIVIL CASE NAMES CAVALRY SPV I, LLC v. JOCELYN CUNNINGHAM , an individual CIVIL CASE COVER SHEET Comp|ex Case Designation CASENUMBER: I | Unlimited - Limited . (Amount (Amount D Counter E] Jalnder JUDGE- demanded demanded ls 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 Cmtract Provlslonally Complex 0|le Lhigatlon Auto (22) E Breach of contract/warramy (06) (Cal. Rules 0f Court, rules 3400-3403) Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other PI/PDIWD (Personal IniuryIProperty D Other collections (09) Construcfion defect (10) Damage/WI'OI‘IQ'U' 0°31") T0"! Insurance eaverage (18) Mass iort (40) DDUDUDASbesms (O4) Other contract (37) Securflies lifigafion (28) PFOGUm liabiliiy (24) Real Property Environmentalfl'oxic tort (30) Medica' malprac‘ice (45) D Eminent domain/lnvefse Insurance coverage claims arising from meE Oiher Pl/PD/WD (23) wndemnafion (14) above listed provisionally complex case Non-PuPD/wo (Other) Ton D WWW 9mm" (33) types (41)E Business tortlunfair business practice (07) D Other real pmpeny (26) Emorcemem 01 JuugmentD Civil rights (08) Unlawful Detainer D Erlforcemem 0f jUdeem (20)D Defamafion (13) Commercial (31) Miscellaneous Civil ComplaintE Fraud (16) D Residemial (32) D RICO (27)E Intellectual property (19) D Drugs (33) Other complaint (not specified above) (42)D Protessional negligence (25) Jud'C'a' ReV'e‘” Miscellaneous cwn PetitionE Oiher “on'PI/PD/WD 1°” (35) E Asset forfeiture (05) Partnership and corporate governance (21) EmP'Oymem E Pe‘im” '93 arbmafim award (1 1) Other pemion (not specified above) (43) Wrongful terminaiion (36) E Writ of mandate (02)D Other employment (1 5) D Other judicial review (39) 2. This case E is 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.E Large number of separately represented parties d.E Large number of witnesses b.E Extensive motion practice raising difficult or novel e.E Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal coun c.D Substantial amountof documentary evidence f. E Substantial postjudgmentjudicial supervision Remedies sought (check aflthat apply): a.- monetary hm nonmonetary; declaratory or injunctive relief c. Dpunitive Number of causes of action (specify): TWO (2) This case E is is not a class action suit. . If there are any known related cases. file and serve a notice of related case. (You may use form CM~015.) Date: APR U B 2021 msnksn MaMQfiIflWWMWse/mgfid V. Caero ’ (TYPE on PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY FOR PARTY) 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. 0 File this cover sheet in addition to any cover sheet required by Ioca! 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 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 onlyab“m Form Adopted ior Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court. rules 2.30. 3.220. 3.400-3.403, 3.740: Judicial Council oi Calflornia Cal. Standards of Judicial Administration, std. 3.10 CM-01O lRev. Julv 1‘ 200w www.courrinfocagw INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM 01o 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. lf 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. 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 wilI 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 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 sewed 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 jolnder in the plaintiff‘s designation, a oounter-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 of Auto) Other PI/PDIWD (Personal Injury! Property Damage/Wrongful Death) Tort Asbestos (O4) Asbestos Property Damage Asbestos Personal lnjury/ 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 Liabiliiy (e.g., slip and fall) Intentional Bodily Injury/PD/WD (979., assault, vandalism) Intemional Infliction of Emotional Dis1ress Negligent Infliciion of Emotional Dis1ress Other PUPD/WD Non'PllPD/WD (Other) Ton Business Ton/Unfair Business Practice (07) Civil Rights (e.g.. discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Imeliectual Propeny (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PD/WD Ton (35) Employment Wrongful Termination (36) Other Employmem (15) CM-Ol 0 [Rem July I, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contracl/Warramy (06) Breach of Rental/Lease Comram (not unlawful detainer or wrongful eviction) Comract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warramy Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Oiher Promissory Note/Colleclions Case Insurance Coverage (not provisionaliy complex) (1 8) Auto Subrogaiion Other Caverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminem Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Ti1le Other Real Property (not eminent domain, Iandlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; othelwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbi1ra1ion Award (1 1) Writ of Mandate (02) Writ-Administralive Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Coun Case Review Other Judicial Review (39) Review of Health Officer Order Notice of AppeaI-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Ton (40) Securities Litigation (28) Environmentalfroxic Ton (30) Insurance Coverage Claims (arising from prow'sionafly complex case type listed above) (41) Enlorcement oi Judgment Enforcement of Judgment (20) Abstract of Judgment (Om oi County) Confession of Judgment (non- domestic relations) Sister Staie Judgment Administrative Agency Award (not unpaid taxes) Petition/Cerlificaiion of Entry oi Judgment on Unpaid Taxes Other Enforcement of Judgmem Case Miscellaneous Clvll Complalnt RICO (27) Other Complaint (not specified above) (42) Declaratory ReliefOnly Injunclive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non~tort/non-complex) Other Civil Complaim (non-tort/non-camplex) Mscellaneous Civil Petition Partnership and Corporaie Governance (21) Other Pefilion (not specified above) (43) Civil Harassment Workplace Violence EIder/Dependem Adult Abuse Election Contest Petifion for Name Change Petition for Relief From Laie Claim Other Civil Petition Page 2 01 2