Civil Case Cover SheetCal. Super. - 6th Dist.April 28, 2021FAx No (408) 362-2299 CASE NAME: TD BANK USA, N.A. v. ALEJANDRA SANDOVAL ATTORNEY OR PARTY WITHOUT ATTORNEY (Nama, Rate Sar uumua, add addrassl Hunt & Hennques, Attorneys at Law Donald Sherrill ¹266038 j j Keri L. Salet ¹318913 7017 Realm Dr., San Jose, CA 95119 TELEPHONE NO (800) 680-2426 ATTORNEY FOR (Namai Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA ETREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND zip CODE San Jose CA 95113 SRANGH NAME Downtown Suosnor Court FOR COURT USE ONLY CM-010 mplex Civil Litigation ourt, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities 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 RICO (27) Other complaint (not spec((led above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (no( speci/iad above) (43) Uninsured Motorist (46) Other Pl/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort Asbestos(04) Productliabikty (24) Medical malpractice (45) Rule 3.740 collections (09) Other collections (09) Insurance coverage (18) Other contract (37) Real Property Eminent domaisylnverse Other Pl/PD/WD (23) Non-Pl/PD/WD (Other) Tort Business tort'unfair business practice (07) Civil rights (08) Defamation (13) Fraud (16) intellectual property (19) Professional negkgence (25) condemnation (14) Wrongful eviction (33) Other real property (26) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) Judicial Review Asset forfeiture (05) Petition ru: arbitration award (11) Wnt of mandate (02) Other iudicial review (39) Other non-Pl/PD/WD tort (35) Employment Wrongful termination (36) Other employment (15) 2. This case LJ is MX is not complex under rule 3.400 of factors requiring exceptional iudicial management: a. ~ Large number of separately represented parties b. ~ Extensive motion practice raising difficult o. novel issues that will be time-consuming to resolve c. ~ Substantial amount of documentary evidence 3. Remedies sought (check a/I that apply) a. DQ monetary 4. Number of causes of action (specify): 1 5. This case ~ is DD is not a class action suit. 6. If there are any known related cases, file and serve a notice of related the Cakfornia Rules of Court. It the case is complex, mark the d ~ Large number 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. M Substantial postjudgment judicial supervision b. ~ nonmonetary; declaratory or injunctive relief c.~punitive case. (You may use fprm CM-015) CIVIL CASE COVER SHEET Complex Case DesignationH Unlimited HX Limited Counter ~ Joinder demanded demanoed is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT Items I-6 be/ow must be comp/eted (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Co Auto (22) Breach of contract/warranty (06) (Cal. Rules of C Date: April 20, 2021 Keri L. Salet ¹318913 (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 loca! 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 shall be used for statistical purposes only. Paaal af2 Form Adopted Iur Mandatory Usa CIVIL CASE COVER SHEET Cai Ruiasuicauri, rulas230.3220,3400-3403,3740,Judiaai Caudal of Caliiura a Cal Standards of Judcal Ad usiraiiuu, sid 310 cM-010 [Rav July I, 2007l www.ccurr u(u ca gcv 1438519.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/28/2021 10:26 AM Reviewed By: Ashley Mackenzie Case #21CV381104 Envelope: 6332420 21CV381104 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET Ta Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a ciwl case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This nformation will be used to compife statistics about the types and numbers of cases filed. You must complete items 1 through 6 mi 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 hated in item 1, check the more specific one. It 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 imtial paper. 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. Ta 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 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 wnt 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-serwce 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 Civi(Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under i re 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 aff parties to the action A defendant may file and serve no later than the time of its first appearance a Iomder in the plaintiff's designation, a counter-designation that the case is not compfex, or, if the plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motonst (46) (r/ the case mvolves an unmsured mo/orist claim subject to arbr/ration, check ihrs rlem instead of Auto) Other pl/pD/WD (personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability /not asbestos or toxrc/environmenis/) (24) Medical Mafpractice (45) Medical Malpractice- Physicians 8 Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e.g., skp and fall) Intentional Bodsy Iniury/PD "/VD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infkction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discnmination, false arrest) (not avl I harassment)(08) Defamation (e g, slander, kbel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (nof mer/ical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM etc lace Jviy 1, 20crt CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (O6) Breach of Rental/Lease Contract (nor unlawful detainer or wrongful evrcnon) Contract/Warranty Breach-Seller Plaintiff (noi fraud or neg/igence) Negligent Breach of Contract/ Warranty Other Breach of ContracVWarranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (noi prcvisrcnally 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 Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mongage Foreclosure Quiet Title Other Real Property (noi eminent domain, /and/crt/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (/f the case involves illegal drugs, check this rtem; otherwise, report as Commercial or Rssrden/rs/) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) W nt-Administrative Mandamus Wnt-Mandamus on Limited Coun Case Matter Writ-Other Limited Court 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 40IF3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Torl (40) Secunties Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims /ansi ng from provisionally complex case type lisred above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic re/shone) Sister State Judgment Administrative Agency Award (nol unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (ncr spea/ied above) (42) Declaratorv Relief Only Iniunctive Relief Only /non- hsrassmen/) Mechanics Lien Other Commercial Complaint Case (ncn-lcrl/non-complex) Other Civil Complaint /non-rort/non-comp/ex) Miscellaneous Civil Petition 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 Peas 2 er 2 1438519 001
