Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 28, 2021

FAx NO (408) 362-2299 CASE NAME: Capital One Bank (USA), N.A. v. JESSICA MOATS ATTORNEY OR PARTY WITHOUT ATTORNEY (Name Slsle Ss cumber sad address/ Hunt & Henriques, Attorneys at Law Donald Shernll ¹266038 j j Keri L. Salet 4318913 7017 Realm Dr., San Jose, CA 95119 TELEPHONE NO (800) 680-2426 ATTORNEY FOR 9'lemei Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA BTREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND ZIP CODE San Jose CA 95113 BRANCH NAME Downtown Superior Court FOR COURT USE ONL Y CM-010 Asset forfeiture (05) Petition re. arbitration award (11) Writ 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 Designation~ Unlimited ~X Limited H C t ~ J d(Amount (Amount oun er oin er demanded demanded is Filed 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 rnstruc/iona 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 Motonst (46) Rule 3 740 collections (09) Other pl/pD/WD (personal Injury/property j- j Other collections (09) Damage/Wrongful Death) Tort Insurance coverage (18) Asbestos (04) Other contract (37) Product kabikty (24) Real Property Medical malpractice (45) Eminent domain/Inverse Other P VPD/WD (23) condemnation (14) Non-Pl/PD/WD (Other) Tort Wrongful eviction (33) Business tort/unfair business practice (07) ~ ""- pr p y ( ) Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Fraud (16) Residential (32) Intellectual property (19) Drugs (38) Professional negligence (25) Judicial Review CASE NUMBER JUDGE DEPT on pane 2). Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Secunties ktigation (28) Environmental/Toxic tort (30) Insurance coverage claims adsing from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of )udgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint /not spew/i ed above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) other petition (nol speci/fed abave) (43) 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. H nonmonetary; declaratory or injunctive rekef c.&punitive 2. This case ~ is LXJ is not complex under rule 3.400 of the Cakfornia Rules of Court. If the case is complex, mark the factors requiring exceptional judimal management: a. ~ Large number of separately represented parties b. ~ Extensive motion practice raising difficul or novel issues that will be time-consuming to resolve c. ~ Substantial amount of documentary evidence 3. Remedies sought (check a/I that apply): a.~ monetary 4. Number of causes of action (specify): 1 5. This case ~ is QE is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You ma f CM 015) Date: April 22, 2021 Keri L Salet ¹318913 (TYPE OR PRINT NAMEI (SIGNATIIRE OF PARTY OR ATTORNEY FOR PARTY) Form Adopted for Mandatory Use Judiaal Causal of Cal fcraia CM-010 [Re Y July I, 2007I 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 shall be used for statistical purposes only. Paaelaf2 CIVIL CASE COVER SHEET Cal RulesufCuuri, rules 230,3220,340IFO403 3740,Cel Standards of Jud cial Administration, sld 3 10 w ccumuic ca 00 1453752.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/28/2021 10:27 AM Reviewed By: M. Dominguez Case #21CV381106 Envelope: 6332455 21CV381106 CM-010 INSTRUCTIONS ON HOW TO CONIPLETE THE COVER SHEET To Plaintiffs snd 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 Crvil 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 descnbes the case. If the case fits both a general and a more specific type of case usted in item I, 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 I are provided below. A cover sheet must be filed only with your initial 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. 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, serwces, 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 preiudgment 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 fries 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 mdicated by completing the appropnate 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 Auto Tort Auto (22)-Personal Injury/Propehy Damage/Wrongful Death Uninsured Motonst (46) (i/the case involves an uninsured mo/onsl c/sim sub/ecl la srbi/rs/ian, check this item instead of outa) Other Pi/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (O4) Asbestos property Damage Asbestos Personal Injury/ Wrongful Death Product Liabikty (not asbestos or toxic/environments/) (24) Medical Malpractice (45) Medical Malpractice- Physioans & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liabikty (e.g., slip and fall) Intentional Bodily Iniury/PD/WD (e.g., assault, vandaksm) Intentional Inflction 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, discnmination, false arrest) (no/ civil harsssmenf)(08) Defamation (e.g., slander, ubel) (13) Fraud (16) Intellectual Property (19) Professional Negkgence (25) Legal Malpractice Other Professional Malpractice (rrot medica/ or legs/) Other Non-Pl/PDNI/O Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-Cia Iaev July i, Zaayi CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (nar un/awfu/detainer or wrongful evic/ion/ Contract/Warranty Breach-Seller Plaintiff (no/ 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 (nol provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Properiy Eminent Domain/Inverse Condemnation(14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Wnt of Possession of Real P rope hy Mortgage Foreclosure Quiet Title Other Real Property (nal eminsnl domain, land/ord'lsnsnr, or foreclosure) Unlawful Detainer Commeroai (31) Residential (32) Drugs (38) (if the case involves r//ega/ drugs, check this i/em; otherwise, report as Commercia/ or Rssiden/ia// Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Wnt-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 Provisionally Complex Civil Litigation (CaL Rules of Court Rule 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 (ansing fram provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- dameslic re/aliens/ Sister State Judgment Administrative Agency Award (na/ unpaid /axes/ Petition/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (nol specified above) (42) Declaratory Relief Only Iniunctive Relief Only (nan- harassment) Mechanics Lien Other Commeroal Complaint Case (nan-fart/nan-complex) Other Civil Complaint (non-lorunan-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (no/ specified above) (43) Civil Harassment Workplace Violence Elder(Dependent Adult Abuse Election Contest Petition for Name Change Petition for Rekef from Late Claim Other Civil Petition Page 2 ol 2 1453752.001