Civil Case Cover SheetCal. Super. - 6th Dist.April 28, 2021Fax NO (408) 362-2299 CASE NAME'D BANK USA, N.A. v. RHODORA J LAGUESMA ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sidle Bur uumbur cud address). Hunt & Hennques, Attorneys at Law Donald Sherrill (/266038 j j Keri L. Salet ¹318913 7017 Realm Dr., San Jose, CA 95119 TELEPHONE NO (800) 680-2426 ATTQRNEY FoR (Namur Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND ZIP CODE San Jose CA 95113 BRANGH NAME Downtown Superior Court FOR COURT USE ONL Y CM-010 Asset folfelture (05) Petition re: arbitration award (11) Wnt of mandate (02) Other judicial review (39) Other non-Pl/PD/WD tort (35) Employment Wrongful termination (36) Other employment (15) CIVIL CASE COVER SHEET Complex Case DesignationM Unlimited ~ Limited C t ~ J'doun er Joinder demanded demanded is Flied with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) Items 1-6 below must be completed (see ins/rucfions 1. Check one box below for the case type that best descnbes 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 j-j Other collect(one (09) Damage/Wrongful Death) Tort Insurance coverage (18) Asbestos (04) Other contract (37) Product hability (24) Real Property Medical malpractice (45) Eminent domain/Inverse Other Pl/PD/WD (23) condemnation (14) Non-Pl/P D/WD (Other) Tort Wrongful evict(on (33) Business tort/unfair business practice (07) Other real nroperty 26 Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Fraud (16) Resident(a( (32) Intellectual property (19) Drugs (38) Professional negligence (25) Judicial Review CASE NUMBER JUDGE DEPT on paoe 2). Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3 403) Antitrust/Trade regulation (03) Construct(on defect (10) Mass tort (40) Secuntles litigation (28) Environmental/Toxic tort (30) Insurance coverage claims ansing from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint C3 RICO (27) Other complaint Inof speofled above/ (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petltlon idol specified above/ (43) d. ~ Large numoer of witnesses e. ~ Coordination and related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. ~ Substantial postludgment judlaal supervision b. ~ nonmonetary; declaratory or inlunctive relief c. M punitive 6. If there are any known related cases, file and serve a notice of related case. (You may usego)m CM-015) Date: Apnl 20, 2021 2. This case LJ is LXJ 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 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 (check all that apply): a. QQ monetary 4. Number of causes of action (specify/: 1 5. This case ~ is HO is not a class action suit. Keri L. Salet ¹318913 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) Form Adopted for Mandatory Uca Judhaal Cuuuul of California CM-010 IReu July I. 2007l NOTICE ~ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases flied 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 collect(one case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. Paaa 1 at 2 CIVIL CASE COVER SHEET Cal Rulucufcc rt, r 144230,3220,34000403,3740,Cal Standards of Judhcal Adminclralicc, 3rd 3 10 uurw ccumcrc cc gcv 1441638.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/28/2021 10:26 AM Reviewed By: M. Dominguez Case #21CV381100 Envelope: 6332424 21CV381100 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Fiaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a awl complete and file, along with your first paper, the C/v// Case Cover Sheet contarned on page 1 This information will be statisti:8 about the types and numbers of cases filed. You must complete items I through 6 on the sheet. In item I, you box for the case type that best descnbes the case. If the case fits both a general and a more speaffc type of case check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary To assist you in completing the sheet, examples of the cases that belong under each case type m item 1 are provided sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a cwil case may its counsel, or botn to sanctions under rules 2.30 and 3 220 of the Cahfornia Rules of Court CM-010 case, you must used to compile must check one listed tn item 1, cause of action. below. A cover subject a party, 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, ansing from a transaction in which property, services, or money was acqutred on credit. A collections case does not mclude an action seeking the following: (I) tort damanes, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a preludgment 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 colfections case will be subject to the requirements for service and obtaining a )udgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civi/ Case Cover Sheel to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the Cahfornia Rules of Court, thrs must be indicated by completmg 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 aff parties to the action. A defendant may file and serve no later than the time of fts first appearance a joinder in the plaintrff's designation, a counter-designation that the case is not complex, or, if the plarntiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Inlury/Property Damage/Wrongful Death Uninsured Motonst (46) (if the case Jnvo/ves an unrnsured molonsl claim sub)ecl ro arfxfratron, check this item instead of Auto) Other PUPD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Lfabikty (nor asbestos or toxrc/enwronmental) (24) 'edicat Malpractice (45) Medrcal Malpracuce- Physiaans & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Lrabrkty (e g., slip and fall) Intentional Bodhly Iniury/PD/WD (e g., assault, vandaksm) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e g., discnmmatron, false arrest) (noi avrl harassment)(08) Defamation (e.g., slander, ltbel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (no/ medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) cu-010 Inev July n 2007) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (nof un/aw/u/ defauner or wrongful eviclron) Contract/Warranty Breach-Seller Plaintiff (nol /raud or negligence) Negligent 6reach 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 provrsrona//y comp/ex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation(14) Wrongful Eviction (33) Other Heal Properly (e.g., quiet title) (26) Wnt of Possession of Real Property Mortgage Foreclosure Quiet Title Olher Real Property (not eminent domain, /and/oro'/tenanr, or foreclosure/ Unlawful Detainer Comme raal (31) Residential (32) Drugs (38) (i/ the case involves if/ega/ drugs, check thisitem; otherwise, repen as Commercial or Resrdentra/) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Wnt of Mandate (02) Wnt-Administrative Mandamus Wnt-Mandamus on Limited Court Case Matter Wnt-Other Limited Coun Case Review Other Judiaal Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rule 3.400%.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (ensrng 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- domesfrc re/a/rona) Sister State Judgment Administrative Agency Award (no/ unpaid tares) Petition/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Rebef Only Injunctive Relief Only /non- harassment) Mechamcs Lien Other Commeraal Complarnt Case (non-fort/non-comp/ex/ Other Civil Complaint (non-forf/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other petition (nol specified above/ (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Diner Crvg Petition Page 2 ef 2 1441638.001