Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 27, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): THE DUNNING LAW FIRM APC Donald T. Dunning (144665) James MacLeod (249145) 9619 Chesapeake Drive, Suite 210 San Diego, CA 92123 TELEPHONE NOJ 858-974-7600 FAX NOJ 858-974-7601 ATTORNEY FOR (Name): PLAINTIFF FIRST NATIONAL BANK OF OMAHA SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. FIRST STREET MAILING ADDRESS: SAME CITY AND ZIP CODE: SAN JOSE CA 95113 BRANCH NAME: MAIN DIVISION CASE NAME: FIRST NATIONAL BANK OF OMAHA vs. REGINALD ACHACOSO, an individual; FOR COURT USE ONLY CIVIL CASE COVER SHEET Unlimited H Limited (Amount (Amount demanded demanded is exceeds $25,000) $25,000 or less) Complex Case Designation Counter Joinder Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) CASE NUMBER: JUDGE: DEPT: Items f-5 below must be completed (seeinstructions on page 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 Insurance coverage (18) Damage/Wrongful Death) Tort Other contract (37) Asbestos (04) Real Property Product liability (24) Eminent domain/Inverse Medical malpractice (45) condemnation (14) Other Pl/PD/WD (23) Wrongful eviction (33) Non-Pl/PD/WD (Other) Tort Other real property (26) Business tort/unfair business practice (07) Unlawful Detainer Civil rights (08) Commercial (31) Defamation (13) Residential (32) Fraud (16) Drugs (38) Intellectual property (19) Judicial Review Professional negligence (25) Asset forfeiture (05) Other non-Pl/PD/WD tort (35) Petition re: arbitration award (11) Employment Writ of mandate (02) Wrongful termination (36) Other judicial review (39) Other employment (15) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3A03) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (not specified above) (43) 2. This case is H is not complex under rule 3.400 of the 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 (checkalf thatapply): a. 2 monetary 4. Number of causes of action (specify): ONE California Rules of Court. If the case is complex, mark the factors requiring d. Large number of witnesses e. Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. Substantial post-judgment judicial supervision b. non-monetary; declaratory or injunctive relief c. punitive 6. If ther're any known related cases, file and serve a notice of related case. (You m use f CM f5.) Date: 'tie&(gt James MacLeod (249145) TYPE OR PRINT NAME SIGNATURE OF PARTY OR 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. ~ 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. ~ Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Pa e1of 2 Form Adopted for Mandatory Use Judicial Council of California CM-010 [Rev. July 1, 2007] CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Standards of Judicial Administration, std. 3.10 www.courrin(o.ca.gov CA 01 EFile Civil Case Cover File No. 890302.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/27/2021 2:04 PM Reviewed By: K. Himes Case #21CV380960 Envelope: 6325683 21CV380960 Provisionally Complex Civil Litigation (Cai Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction 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) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (nof specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint (non-tort/non-complex) INSTRUCTIONS ON HOVrI 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 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. You do not need to submit a cover sheet with amended papers. 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 Collection Cases. A "collection 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, 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 rule 3.740 collections case on this form means that it will be exempt form 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 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 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. CASE TYPES AND EXAMPLES Auto Tort Contract Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Damage/Wrongful Death Breach of Rental/Lease Uninsured Motorist (46) (lf the Contract (nof unlawful detainer or case involves an uninsured motorist wrongful eviction) claim subject fo Contract/Warranty Breach-Seller arbitration, check this item Plaintiff (nof fraud or negligence) instead of Auto) Negligent Breach of Contract/ Warranty Other Pi/PD/WD (Personal Injury/ Property Other Breach of Contract/WarrantyCollections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Insurance Coverage (nof provisionally Product Liability (nof asbestos or foxiclenvironmenfa/) (24) Medical Malpractice (45) Medical Malpractice- Other Contract (37) Physicians & Surgeons Contractual Fraud Other Professional Health Care Other Contract Dispute Malpractice Real Property Other Pl/PD/WD (23) Eminent Domain/Inverse Condemnation Premises Liability (e.g., slip (14) and fall) Wrongful Eviction (33) Intentional Bodily Injury/P D/WD Other Real Property (e.g,, quite title) (26) (e.g., assault, vandalism) Writ of Possession of Real Property Intentional Infliction of Mortgage Foreclosure Emotional Distress Quite Title Negligent Infliction of Other Real Property (nof eminent Emotional Distress domain, land/ordltenant, or forec/osure) Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Commercial (31) Business Tort/Unfair Business Residential (32) 'I I false arrest) (nof civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical or legal) Other Non-Pi/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-01 0 IRev. January 1, 2007I CA 01 EFiie Civil Case Cover I as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET File No. 890302.001 Partnership and Corporate Governance (21) Other Petition (nof specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Page 2 of 2