Civil Case Cover SheetCal. Super. - 6th Dist.April 23, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/23/2021 10:12 AM Reviewed By: Ashley Mackenzie Case #21CV380997 Envelope: 6302820 21CV380997 CM-O1 O Adam Brumage (283180) Maria Bradish (288384) Don Phan-Huy (309853) Ryota Isozaki (321040) Demck Uhn' (321 161) Jeremy Kimmelman (322958) Eric Marquez (33 1023)Karlie D. Schafer (331884) P.O Box 25_145, Santa Ana, CA 92799-5 145, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stale Bar number and addres). The Moore Law Group, APC TELEPHONE No; 800506-2652 FAX No; ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CAUFORNIA, COUNTY OF Santa Clara STREET ADDRESSJ 91 North First Street MAILING ADDREssSan JOSE CA 95 1 13 cm AND ZIP CODE; ‘ BRANCH NAMEDowntown Superior Court C_ASE NAME: ' Dlscover Bank v. Gaspar Sanchez CIVIL CASE COVER 5HEEr Com plex Case Designation CASE NUMBER:D Unlimited m Limited . (Amount (Amount D Cou nter D Jomder JUDGE. demanded demanded is V _ u Filed with first appearance by defendant- v ~ r ' -- ._~_VV_ 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 Contract Provisionally camplex Civil Litigation , Auto (22) V E Breach OfcontracWarranty (06) (Cal. Rules of Court, rules 1400-1403) Uninsured motorist (46) m Rule 3:740 collections (09) E Antitrust/Trade regulation (03) Other PI/PDNVD (Personal lnjurylProperty E Other collections (09) E Construction defect (10) DamageIWrongful Death) Tort E Insurance coverage (18) E Mass tort (40)E Asbestos (04) E Other contract (37) D Securities litigation (28)E Pr°du°t "ability (24) Real Property D Environmental/Toxic tort (30)E Medical malpradice (45) E Eminent dqmainlmverse D Insurance coverage claims arising from theD Other PI/PD/WD (23) condemnatlon (14) above listed provisionally complex case Non-PI/PDIWD (Other) Tort D Wrongful eviction (33) types (41)E Business tort/unfair business practice (07) E Other real pr°peny (26) Enforcement of‘luugmemE Civil rights (08) Unlawful Datalner D Enforcement ofjudgment (20)E Defamation (13) E Commercial (31) Miscellaneous Civil ComplaintE Fraud (16) D Residential (32) E Rico (27)E Intellectual property (1 9) E Drugs (38) E Other complaint (not specified above) (42)D Professional negligence (25) Judlclal Review Mlsceuaneous Civil PetitionE Other "°n'Pl/PD/WD t°’t (35) D Asset forfeiture (05) Partnership and corporate governance (21) Emp oymem E Petition re: arbitration award (11) D Otherpemion (no, specified above) (43)E Wronng termination (36) E Writ of mandate (02)E Other employment (1 5) E Otherjudicial review (39) 2. V This case E is m is not complex under rule 3.400 of the California Rules of Court. lf the case is complex, mark the factors requiring exceptional judicial management a.D Large number of separately represented 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 courls issues that will be time-consuming to resotve in other counties, states, or countries, or in a federal court c.E Substantial amount of documentary evidence .. f. E Substantial postjudgmentjudicial supervision" 3. Remedies sought (check all that apply): a.m monetary hm nonmonetary; declaratory or injunctive relief c.D punitive_ 4. Number of causes of action (specify): ONE ‘ " fl 5. This case E is is not a class action suit 6. lf there are any known related cases file and serve a notice of related case. You may use for R taI kUhri J- Ki 1Apfiafi; 2 202 13.11: MaS-fqzuaklczfiaerrfiiecD Scrafer eremy mme man- -015.) Adam Brumage__ Maria Bradish_ Don Phan-Huy_ (SIGNATURE OF PART(TYPE 0R PRINT NAME) ATrORNEY 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. Rulw of Court, rule 3.220.) Failure to file may resuIt in sanctions 0 File this cover sheet In addition to any cover sheet required by local court rule v 0 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. 1 f2_ age o Form Adopted for Mandatory Use ' Cal. Rules ofCourt. rules 2.30. 3.220. 3400-3403. 3.740; Judidal Council ofCaIifomia -- CIVIL CASE COVER SHEET u-m- -- -Cal. Standards ofmdidalAdministration, std. 3.10 CM-010 [Rev. July 1. 2007] .‘ ‘ www.wartinfo.ca.gov American LegalNet. Inc. www.FonnsVVoM/ow.com CM-O1O 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 avcivil 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 'rtems ‘l through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. lf 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 in'rtial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, is 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 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. lf 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 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 lnjury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitratbn, check this item instead ofAuto) Other PIIPDIWD (Personal Injury/ Property DamageIWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmentao (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PDNVD (23) Premises Liability (e.g.. slip and fall) Intentional Bodily lnjury/PD/WD (e.g.. assault. vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Other PIIPDIWD Non-PI/PDIWD (Other) Tort Business Tod/Unfair Business Practice (07) Civil Rights (e.g.. discrimination. - false arrest) (not civil harassment) (08) Defamation (e.g.. slander. libel) (13) Fraud (16) ' Intellectual Property(19 Professional Negligence (25) . Legal Malpractice - Other Professional Malpractice (not medical or legao Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-010 [Rev. July 1.2007] I Print This Form I CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fiaud or negligence) Negligent Breach of Contract! Warranty Other Breach of Contract/Warranty Collections (e.g.. money owed. open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (notprovisionally complex) (1 B) Auto Subrogation Other Coverage 0th er Contract (37) Contractual Fraud Other Cmtract Dispute Real Property Eminent Domain/lnverse Condemnation (1 4) Wrongful Eviction (33) Other Real Property (e.g.. quiet title) (26) Writ of Possession of Real Property Mongage Foreclosure Quiet Title Other Real Property (not eminent domain, Iandlordfienant, or foreclosure) Unlawful Detalner ~ ~ Commercial (31) Residential (32) Dru gs (38) (if the case involves ilbgal drugs, check this item; otherwise, report as Commercial or ResidentiaD Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limfled Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Oficer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provlslonally Complex Clvll thlgatlon (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 O) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentallToxic Tort (30) Insurance Coverage Claims (arising fiom 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) PetitionlCertification of Entry of Judgment on Unpaid Taxes 0th er Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only lnjunctive Relief Only (non- harassmeno Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-twt/nan-complex) Mlscellaneous Clvll Petltlon Partnership and Corporate Governance (21) Other Petition (not 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 of2 For your protection and privacy. please press the Clear This Form button after you have printed the fonn. 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