Civil Case Cover SheetCal. Super. - 6th Dist.April 26, 2021CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY GEORGE APOSHIAN, ESQ. , Bar #303238 // LAURA M. D'ANNA, ESQ. , Bar #266113 PATENAUDE & FELIX, A. P . C . 6800 Owensmouth Avenue, Suite 290 Electronically Filed Canoga Park, CA 91303-4216 by Superior Court of CA, TELEPHONE NO.: 866-784-8084 FAX NO.: 818-906-7944 County of Santa Clara, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 NO. FIRST STREET Reviewed By: N. Christophersom MAILING ADDRESS: 191 No. FIRST STREET Case #21 CV381 007 CITY AND ZIP CODE: SAN JOSE CA 951 13 Envelope: 631 4975 BRANCH NAME: SANTA CLARA CIVIL DIVISION CASE NAME: CAPITAL ONE BANK (USA), NA. VS. ANTHONY M BENDTER, CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER221 CV381 007D Unlimited X Limited D Counter D Joinde, (Amount (Amount I I I JUDGE: demanded demanded is Flled wnth flrst appearance by defendant _ exceeds $25,000) $25,000 or less) (Cal- Rules 0f Court, rule 3-402) DEPT- ltems 1-5 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 D Auto (22) D Breach of contract/warranty (06) Eal. Rules of Court, rules 3.400-3.403) D Uninsured motorist (46) g Rule 3.740 collections (09) AntitrUSt/Trade regu'atlon (03) Other PIIPDIWD (Personal InjurylProperty D Other collections (09) D C°”Str”0t'°” defeCt (10) D_amage’Wr°n9fU' Death) Tort D Insurance coverage (18) D Mass tort (40) = Asbestos (04) D Other contract (37) D Securities litigation (28) Product liability (24) EnvironmentaI/Toxic tort (30)= , , Real Property . . ._ Medical malpractlce (45) Insurance coverage clalms ansmg from theEminent domain/lnverse Other pl/pD/WD (23) _ condemnation (14) taybpoe\;e(:s1t)ed provnsnonally complex case N_on-PIIPDIWD (Other) Tort _ Wrongful eviction (33) E f f= Business tort/unfair business practice (07) _ Other real property (26) n °E::or':::r;:nt‘1;,d.3;n:19tnt (20)= Civil rights (08) @Iawful Detainer M_ H C_ 1] C g I _ = Defamation (13) = Commercial (31) 'sclglggeél: 'V' °mP amt = FraUd (16) = Res'dent'al (32) E Other complaint (notspecified above) (42)_ Intellectual property (19) _ Drugs (38) . . . . .- . . _ _ _ Miscellaneous CIVII Petltlon= Professnonal negligence (25) fidmal Revuew partnership and corporate governance (21)_ Other non-Pl/PD/WD tort (35) = Assetforfeiture (05) E Other petition (notspeCI-fied above) (43) Enployment _ Petition re: arbitration award (11) _ Wrongful termination (36) Writof mandate (02) Other employment (15) U Other judicial review (39) 2. This caseD is X 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. 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 amountof documentary evidence f. D Substantial post-judgmentjudicial supervision . Remedies sought (check allthatapply): a. X monetary b. D non-monetary; declaratory orinjunctive relief c. D punitive . Number of causes of action (specify): ONE . This case D 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: April 14, 2021 0301 Aw [X] GEORGE APOSHIAN [ 1 LAURA M. D'ANNA > (TYPE 0R PRINT NAM E) (SIGNATURE 0F PARTY 0R 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 wi|| be used for statistical purposes only. Page 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Judicial Council of California CIVIL CASE COVER SHEET Standards ofJudiciaI Administration, std. 3.10 CM-010 [Rev. July 1, 2007] www.coun‘info.ca.gov LA_01 Civil Case Cover P&F File No. 20-14729 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 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 ofthe California Rules of Court. To Parties in Rule 3.740 Collection Cases. A "collection 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 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, ifthe plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Persona| Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (If the case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other PIIPDIWD (Personal Injuryl Property DamageIWrongful Death) Tort 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 Pl/PDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDNVD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PDNVD Non-PIIPDIWD (Other) Tort Business Tort/Unfair Business Practice 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 (non medical or legal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentaI/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud 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 (not provisionally complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse Condemnation (14) Wrongful 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, Iand/ord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves 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 (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 (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint (non-tort/non-complex) drugs, check this item; otherwise, report Miscellaneous CiV" Petition 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 AppeaI-Labor Commissioner Appeals Partnership 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. January 1, 2007] LA_01 Civil Case Cover CIVIL CASE COVER SHEET P&F File N0. 20-14729 Page 2 of 2
