Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 26, 2021

21CV380946 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/26/2021 3:13 PM Reviewed By: R. Guillermo Case #21CV380946 Envelope: 6317249 CM-O10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number. (md address): FOR COURT USE ONLY JACK H. POGOSIAN, State Bar N0; 305741 /MANASI TAHILIANI, State Bar N0.: 272821 / CHRISTINA ARNOLD, State Bar No.2 297590 / HYO JIN JULIA JUNG, State Bar N0.: 316090/ MELINE GRIGORYAN, State Bar N0.: 321 133 / MICHAEL D. KAHN, State Bar N0.: 236898/ NICHOL ALAN DE GUZMAN, State Bar N0.: 314989 / CAMRYN P. BERK, State Bar N0.: 3 l 7565 MIDLAND CREDIT MANAGEMENT. INC. 350 CAMINO DE LA REINA. SUITE 100 SAN DIEGO. CA 92108 TELEPHONE NO‘: (866) 300-8750 FAX N0.: (858) 309-1588 ATTORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 19] N. FIRST ST CITY AND ZIP CODE: SAN JOSE. CA 95] 13 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND CREDIT MANAGEMENT. INC. vs. TOM MARTIN C|V||_ CASE COVER SHEET Complex Case Designation CASE NUMBER: D Unlimited Case E Limited Case D 00""er D JOinder (Amount demanded (Amount demanded Filed with first appearance by defendant JUDGE exceeds $25,000) is $25,000 or IeSS) (Cal. Rules of Coun, 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 Contract Provisionally Complex Civil Litigation Auto (22) D Breach of contract/warranty (06) ESL Rules Of court, rules 3.400-3.403) D Uninsured motorist (46) E Rule 3.740 collections (09) Antit’uswrade regu'a‘io” (03) Other PI/PDIWD (Personal lniury/Property D Other collections (09) D congrucnon de‘eCt (10) Damage/Wrongful Death) Tort D Insurance coverage (18) D Masstort (40)D ASbeSIOS (04) D Other contram (37) D Securities litigation (28)D Product liabi'ity (24) Real Property D Environmentalrroxicton (30)D Medical ma'praCfice (45) Eminent domain/Inverse condemnation (14) D Insurance COVerage C'aims aris‘ng "0m m9D Other Pl/PD/WD (23) Wrongful eviction (33) above listed provisionally complex C886 Non-PI/PD/WD (Other) Tort D Other real propeny (26) types (41) Business tort/unfair business practice (07) Unlawful Detainer Enforcement 0f JUdgment D Civil rights (08) D Commercial (31) Enforcement OfJUdgmem (20)Miscellaneous Civil ComplaintD Defamauon (13) D Residential (32) D Rlco (27)D FraUd (16) D Drugs (38) D Other complaint (notspecified above) (42)D ‘menedua' pmpeny (19) JUdiCia' ReView Miscellaneous Civil PetitionD meeSSiona' negligence (25) D ASS“ foneiture (05) Pannership and corporate governance (21) D Other non‘Pl/PD/WD 10'1 (35) D Petition re: arbitration award (11) D Other petition (nor specified above) (43) EE_rInployment D Writ 0f mandate (02) |_l wronngI termination (36) D Other judicial review (39)D Other employment (15) 2. This caseDis E is not complex under rule 3.400 of the California Rules of Coun. If the case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. Large number of witnesses b. Extensive motion practice raising difficult or novel 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 court c. D Substantial amount of documentary evidence f. D Substantial post judgment judicial supervision . Remedies sought (check all thatapply):a. X monetary b. D non monetary; declaratory or injunctive relief c. D punitive . Numberofcauses of action (specify): ONE . This case is g 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: JACK H. POGOSIAN/ MANASI TAHILIANI CHRISTINA ARNOLD/ HYO .JIN JULIA JUNG ELINE GRIGORYAN/ MICHAEL D. KAHN NICHOL ALAN DE GUZMAN /DCAMRYN P. BERK ’ (TYPE 0R PRINT NAME) V (SIGNATURE 0F PARTY on ArronNEY 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 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 only, 0301#C0 Page 1 ol 2 Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Runes of Coun, ruies 2.30, 3220, 3.400-3.403, 3.740;Judicial Council of California Cal. Standards of Judicial Administration. std. 3.10 CM-01O [Rev. July 1, 2007] CA_OIOOG File N0.: 21-41600 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 pany, 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 propeny, (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 Coun, 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 piaintiff'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. CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Auto Tort Auto (22)7Personal lnjury/Property Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Uninsured Motorist (46) (lfme case involves an uninsured motorist claim subject r0 arbitration, check this item instead 0f Auto) Other Pl/PD/WD (Personal Injury/ Property DamageNVrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (nor asbestos 0r on/c/environmental) (24) Medical Malpractice (45) Medical Malp(actice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e‘gq slip and fall) Intentional Bodily lnjury/PDNVD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent lnfliction of Emotional Distress Other PI/PD/VVD Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (e.g., discrimination, false arrest) (notc/vi/ harassment) (08) Defamation (e.g., slander. libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical orlegal) Other Non-Pl/PD/WD Ton (35) Employment Wrongful Termination (36) Other Employment (1 5) Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller P|aintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Coltections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (1 8) AU(o Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse Condemnation (14) Wrongfui 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, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case invo/ves illegal drugs, check this item; otherwise, reporT as Commercial 0r Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Coun Case Matter Writ-Other Limited Coun Case Review Other Judicial Review (39) Review 0f Health Officer Order Notice of AppeaI-Labor Commissioner Appeals Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisional/y complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment ( Out of County) Confession of Judgment (non- domestic re/arlons) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Cemfication 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-ton/non-comp/ex) Other Civil Complaint {non-ton/non-complex) Miscellaneous Civil Petition Padnership 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-010 [Rev July 1, 2007] CAVOIOOG File NO; 21-41600 CIVIL CASE COVER SHEET Page 2 of 2