Civil Case Cover SheetCal. Super. - 6th Dist.March 22, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/22/2021 11:32 AM Reviewed By: V. Taylor Case #21CV380860 Envelope: 6080946 21CV380860 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name. Stare Barnumben and address): FOR COURTUSE ONLY Dan Do 1 57678 Law Office of Dan Do 430 N 5th St San Jose CA 95112 TELEPHONs No.2 ( 408)888-341 5 FAX no. (envonan: (408) 41 6-0931 ATTORNEY FOR (Name): Bertha Fregoso SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS:191 North First St. MAILING ADDRESS: cmr AND 2m CODE.San Jose 951 1 3 BRANCH NAMErDowntown Superior Court (DTS) CASE NAME: Fregoso v. Schultz CIVIL CASE COVER SHEET Compjex Case Designation CASE NUMBER:E Unlimited E LimItSd D Counter E Joinder gAenrgoalégted (dings; is Filed with first appearance by defendant JUDGE: exceeds $25 000) $25 000) (Cal. Rules of Court, rule 3.402) DE“, 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 CMI LitigationE Aum (22) E Breach of oontract/wananty (06) (Cal. Ruiels 0f Court, rules 3:400-3403)E Uninsured motorist(46) E Rule 3.740 collections (o9) E Anhtrust/Trade regulation (03) Other PI/PDIWD (Persona! InjurylProperty E omerconecflons (09) E Construction defect(10) DamagolWrongful Death) Ton D Insurance coverage (1 8) E: Mass mn (40) Asbestos (04) Securities litigation (28) .. E Other contract (37)E Pmduc‘ “ab'my (24) Real Property E EnvironmeanToxic tort (30)E Medical malpractice (45) E Eminent domain/lnverse Insuranpe coverage ciatms ansmg from the . above listed prowsnonally complex case |:| Other PI/PD/wo (23) condemnation (14) types (41) Non-PIIPDIWD (Other) Tort E Wrongful eviction (33) Enforcement of Judgment |:| Business ton/unfair business practice (o7) E Otlher relal preperty (26) E Enforcement of judgment (20)E CW" rights (08) "mam" Data "'9' Miscellaneous Civil Complaint |:| Defamation (13) E Commerc'a' (31) E Rico (27)E FraUd (16) E ReSldennal (32) E Other complaint (not specified above) (42)E '“teuec‘ua’ pr°pefly(19) gigfigs‘i) Miscellaneous Civil PetitionE Professional negtigence (25) ' ,E Other non’Pl/PD’WD tort (35) E Asset forfeiture (05) E Pamershilfz and corpora‘te governance (21) Empbyment E Petition re: arbitration award (11) E Otherpevtlon (notspecrfied above) (43)E Wrongful termination (36) E Writ 0f mandate (02)E Other employment (15) E Otherjudicial review (39) 2. This caseE is E 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. D Coordination with related actions pending in one or more issues that will be time-consuming to resolve courts in other counties‘ states, or countries, or in a federal c. E Substantiai amount of documentary evidence 00“” f. E Substantial postjudgmentjudicia! supervision 3. Remedies sought (check all that apply):a.m monetary b.E nonmonetary; declaratory or injunctive relief c. E punitive 4. Number of causes of action (specify): 2 5. This caseE is E is not a class action suit. 6. If thew alre any known related cases, file and serve a notice of related case. (You may use form CM-015.)‘\ Date: 22 ‘ a -w (TYPE 0R PRINT NAME) (SIGNATURE 0F pAmY 0R ATTORNEY FOR PARTY) NOTICE ' Plaintiff must file this cover sheet with the first paper filed in the action or proceedlng (except small claims cases or cases filed under the Probate Code, Family Code. or Welfare and Institutions Code). (Cal. Rules of Court. ruie 3.220.) Failure to file may resutt in sanctions. - File this cover sheet in addition to any cover sheet required by local court rule. o If this case is complex under rule 3.400 st seq. of the Caiifomia Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. o Unless this is a coilections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. V Page 1 of2 Form Adopted {or Mandatory Use Judinhl enumn M camomh CIVIL CASE COVER sHEET Cal. Rules of Court; mice 2.30, 3,20, 3.400-64403, 3.740; Pal Sinndwds ofJndidal Adminklmlim Sm 3 10 :NSTRUCTIONS 0N How To COMPLETE THE COVER SHEET CM-010 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 Civii Case Cover Sheet contained on page 1. This information wili 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 En item 1, check the more specific one. 1f 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 initiai paper. Faiiure 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 ru|es 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 fotlowing: (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 coilections 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 aiso use the Civil Case Cover Sheet to designate whether the case is complex. Ef a plaintiff believes the case is comptex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. 1f 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 (2)-Personal InjurylProperty Damage/Wrongful Death Uninsured Motorist (46) (ifthe case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other PI/PDIWD (Personal Injury! Property DamageIWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury! Wrongful Death Product Liability (not asbestos or tom'c/envimnmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians 8. Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e.g‘. slip and fall) Intentional Bodin lnjury/PD/WD (e.g.. assault, vandalism) Intentional Infliction of Emotional Distress Negligent lnfliction of Emotional Distress Other PIIPDNVD Non-PIIPDIWD (Other) Tort Business TortlUnfair Business Practice (O7) Civit Rights (e.g., discrimination, CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach~$eller Plaintiff (not fraud or negligence) Negligent Breach of Contract] Warranty Other Breach of ContracUWarranty Coilecfions (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 Rea! Property Eminent Domain/Enverse Condemnation (14) Wrongful Eviction (33) Other Rea! Property (e.g‘. quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Tifle Other Real Propefiy (not eminent domain, Iandlord/tenant, or foreclosure) Unlawfu! Detainer Commercial (31) Residenfial (32) Drugs (38) (if the case invotves illegal Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (4D) Securities Litigation (28) Environmentalfroxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Absiract 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 CMI Complaint RICO (27) Other Complaint (no! specified above) (42) Declaratory Relief Only tnjunctive Relief Oniy (nom harassment) Mechanics Lien Other Commercial Complaint Case (non~tort/non-complex) Other Civil Complaint (non-tort/non-complex) Misceflaneous Civil Petition false arrest not dvil P ' harassmeng)((08) drugs' Cheek this ”9f"? athenYise' , argzifl’fiaigg airfarate Defamation (5.9.. slander. libel) report as commerce] or Res’dent’al) Other Petition (not specified (1 3) Judicial Review I above) (43) Fraud (16) A556} Forfeiture (05) Civil Harassment Intellectual Property (19) Pam" R9:”WW“ Award (1‘) Workplace molence Professionai Negligence (25) writ 0f Mandate (02) Elder/Dependent Adult Legal Malpractice Writ~Administrafive Mandamus Abuse Other Professional Malpractice wriE‘Manaag‘us o" Limited com Election Contest (not medical or legal) , 35° a ,9', Petition for Name Chan e Other Non-PI/PD/wo Tort (35) W“;°?h9' L‘m‘ted CW” Case Petition for Relief From gLate Employment ev'ew ‘ Wrongful Termination (36) Other JUdida' ReVieW (39) Othecrxcalm Petition Other Employment (15) Review of Health Officer Order Notice of Appan-Labor Commssnoner Appeals CM-mo (Rev. July 1, 2007] CIVIL CASE COVER SHEET Page 2 o! 2
