Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 23, 2021

CM-Oig Jfiiffigfifi§§w '“2'62fi”"""’"‘°"'"“”"'""‘ EIectron’i°6é‘W§/”fi1é"‘d gain? asgitgoym' ‘ by Superior Court of CA, an s TELEPHONENO.; £309) 300-0090 , mo; (883) 800-7050 county 0f santa Clara, ArrORNEvFomName): lalntlffChl‘lStOpher Chlnchlolo 0n 4/23/2021 9.55 AM SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F SANTA CLARA ' - STREETADDRESSZ I 91 NORTH FIRST STREET ReVIewed By.Y. Chavez mmsmuaess: 191 NORTH FIRST STREET Case #21 CV38091 2 CITYANDZIPCODE: SAN JOSE, CA 951 l3 EnV #6302667 BRANCH NAME: CASE NAME: ‘ Chinchiolo v. Winn, ct al. CIVIL CASE COVER SHEET c | c D | u “SE "UMBER: Unlimited D Limited a mp ex ”e es g"? on 21 CV38091 2 (Amount (Amount Counter D Jonnder I demanded demanded is Filed wflh first appearance by defendant JUDGE" exceeds $25,000) $25,000 or less) (Cal. Rules of Court. rule 3.402) DEPT: Items 1-6 below must be completed (see instrucfions on page 2). 1, Check one box below for the case type that best describes this case: Auto Ton Comract Provisionally Complex Olvll thlgatlon Ame (22) D Breach Ofcommrranw (06) (cm. Rules of Count. rules 3400-3403)- Uninsured motorist (46) D Rule 3.740 collections (09) E Antitrust/Trade regulation (03) Other PIIPDIWD (Personal lnjuryIProperty D Other collections (09) D Construction defect (1 0) DamageIWrongful Death) Ton D Insurance myerage (1s) D Mass tort (40) Asbestos (04) D Other contract (37) D Securities litigation (28) Pwdu‘n "abimy (24) Real Property D EnvironmentallTaxic ton (30) Medical ma'pm‘me (45) D Emmem domBm/Wefse E Insurance coverage claims arising from theD Other pl/pDNVD (23) condemnation (14) above listed provisionally complex mse Non-PIIPDIWD (Other) Ton D W'OHQfU' eVictim (33) types (41)D Business ton/unfair business practice (07) D Other real ”mpeny (26) Emmmmt °' JudgmentD cw“ rights (08) Unlawlul Detainer D Enforcement ofjudgment (20)D Defamafion (13) D Commercial (31) Miscellaneous olvu Complaint ‘E Fraud (16) D Residential (32) D Rlco (27)D Intellectual property (19) D Drugs (38) E Other complaint (not specified above) (42) Professional negligence (25) Jud'c'a' RM“ Miscellaneous cwu Peuuon Oiher noanllF’D/WD 1°“ (35) D Assetmrfei‘we. (05) D Partnership and corporate govemanoe (21) Em loyment Petfllon re: arbnratlon award (1 1) D 0mm, petition (not specified above) (43) Wrongful termination (36) D Writ of mandate (02)D Other employment (15) D Otherjudlctal review (39) This case D is m 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.D Large number of separately represemed parties d.D Large number of witnesses b.D Extensive motion practice raising difficult or novel e.D Coordination with related actions pending in one or more coufts issues that will be time-consuming to resolve in other counties. states, or countries. or in a federal oourt 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. Dpunitive Number of causes of action (specify): One, Motor Vehicle This case D 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 Date: April 23, 2021 Mirali Vazirinejad Esq. (TYPE OR PRINT NAME) 2. CM4J15.) 9’9"?!” (SIGNATURE OF PARTY 0R ATTORNEY FOR PARTY) NOTICE o 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 e! seq. of the California Rules of Court, you must serve a copy ofthis cover sheet on all other parties to the action or proceeding. o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. m2I I Fon'n Adapted for Mandatory Uu Cal. Russ of Court. mles 2.30, 3.220.SAM“: 3.740: Judldnl Coundl o! Galilornla CIVIL CASE COVER SHEET Cal. Standard: ofJudlcllI Wnlslmuon. std. 3.10 www.wufllnhugav CM-ow [Rn me 1. 2007] INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET V CM-Mo 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 statistims about the types and numbets 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, 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-servioe requirements and mse 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 Sheet to designate whether the case is complex. lf 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 plaintiff has made no designation. a designation that the case is complex. Auto Tort Auto (22)-Personal InjurylPropeny DamageIWrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other PIIPDNVD (Personal Injury! :roperty DamageIWrongful Death) ort 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 PIIPDNVD (23) Premises Liability (e.g.. slip and fall) Intentional Bodily lnjury/PDNVD (e.g., assault. vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Other PI/PD/WD Non-PIIPDIWD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g.. discrimlnation. false arrest) (not civil CASE TYPES AND EXAMPLES Contract Breach of ContracVWarranty (06) Breach of RentalILease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty BreacHeller Plaintiff (not fraud or negligence) Negligent Breach of Contract! Warranty Other Breach of ContractIWarranly Collections (e.g., money owed. open book accounts) (09) Collection Caseseller Plaintiff Other Promissory NoteICollections Case Insurance Coverage (notpmvisionally complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent DomainIInverse Condemnation (14) Wrongful Eviction (33) Other Real Propefly (6.9., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Tltle Other Real Property (not eminent domain, Iandlord/Ienant, or foreclosure) Unlawful Doulnor Commercial (31) Residential (32) Drugs (38) (if the case involves Illegal Provlslonally Complex Clvll Litigatlon (Cal. Rules of Court Rules 3.400-3.403) AntitrustlTrade Regulation (03) Constmction Defect (10) 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) PetitionICertification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Mlscellaneous Clvll Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only lnjunctive Relief Only (non- harassment) Mechanlm Lien Other Commercial Complaint Case (non-tort/non-oomplex) Other Clvll Complaint (non-tort/hon-oomplex) Mlscellaneous Clvll PefltIon . Partnership and Corporate Governance (21) harassment) (08) drugs, check this item: otherwise, Other petition (not specified Defamation (e.g.. slander, libel) report as Commercial or Residential) above) (43) (1 3) Judlclal Revlow Civil Harassment Fraud (1 6) Asset Forfeiture (05) Workplace Violence Intellectual Property (19) Petltlon Re: Arbitration Award (1 1) Elderloependem Adun Professional Negligence (25) Writ of Mandate (02) Abuse Legal Malpractice ert-Administrative Mandamus Election Con‘est Other Profes§Ional Malpractice Writ-Mandamus on Limited Court petition f0, Name Change ("Otmedlcal 0f 1998’) Case Matter Petition for Relief From Late Emplgmregton-PIIPD/WD Tort (35) Writ-Other Limited Court Case Claim Review Other Civil Petition $0399 Tf'm'mtt‘fi‘é“) Other Judicial Review (39) f mp Oymen ( ) Review of Health Officer Order Notice of Appeal-Labor CommissionerAm CM-010 [Ram July 1. 2007] CIVIL CASE COVER SHEET Flue 2 o! 2