Civil Case Cover Sheet

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

San Jose CA 95113 Downtown Supenor Court CASE NAME: Capital One Bank (USA), N.A. v. MICHAEL M TRAN ATTORNEY OR PARTY WITHOUT ATTORNEY (Iyame, Slaia Bar number, acdaddrearl Hunt & Henriques, Attorneys at Law Donald Shernll ¹266038 I I Kevin Brendan Buiza ¹318691 7017 Realm Dr., San Jose, CA 95119 TELEPHQNE No (800) 680-2426 pxx No (408) 362-2299 ATTORNEY FOR (Namal Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Stree( MAILING ADDRESS CITY AND ZIP CODE BRANCH NAME FOR COURT USE ONL y CM-010 Other non-Pl/PD/WD tort (35) Employment Wrongful termination (36) Other employment (15) Asset forfeiture (05) Petition re: arbitration award (11) Writ of mandate (02) Other Iudioal review (39) CIVIL CASE COVER SHEET Complex Case Designation~ Unlimited ~ Limited (Amount Counter C] Joinder 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 be/ow must be comp/cled (see instructions 1. Check one box below for the case type that best describes 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 ~ Other collections (09) Damage/Wrongful Death) Tort Insurance coverage (18) Asbestos (04) Other contract (37) Product liability (24) Real Property Medical malpractice (45) Eminent domain/Inverse Other Pl/PD/WD (23) condemnation (14) Non-Pl/PD/WD (Other) Tort Wrongful eviction (33) Business tort/unfair business practice (07) ~ Other real ProPe y (26) 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 pace 2). Provisionally Complex Civil Litigation (Cal. Rules of Court, 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 }udgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (ncr specified above) (43) d. ~ Large number of witnesses e. ~ Coordination and related actions pending in one or more courts in other counties, states, or countnes, or in a federal court f. M Substantial post}udgment Iudicial supervision b. C] nonmonetary; declaratory or injunctive relief c.&punitive 2. This case LJ ls 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.~ monetary 4. Number of causes of action (specify); 1 5. This case ~ is CK is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015) Date: April 22, 2021 Kevin Brendon Buiza ¹318691 (TYPE OR PRINT NAME) (SIGNATURE OP PARTY OR ATTORNEY FOR PARTY) Form Adopted for Mandatory uao Jud oal Couool of California DM-Of 0 [Rau July I 200TI NOTICE ~ Plaintiff must file this cover sheet with the tirst 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. Page \ of 2 CIVIL CASE COVER SHEET Cal Rulocofcourt, rulaa230,3220,3400-3403,3T40,Cal Slaodardaof Judicia(Admioiatratioo, aid 310 mrw coudrrifo ca dov 1453769.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/28/2021 10:27 AM Reviewed By: M. Dominguez Case #21CV381108 Envelope: 6332462 21CV381108 CM-010 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 I, 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 I, check the more specific one. If the case has multiple causes of action, check the box that best mdicates 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 prowded below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed rn a ciwl 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, 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: (I) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a preiudgment 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-service requirements and case management rules, unless a defendant hiss a responswe 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 Crvr/ 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 detendant may file and serve no later than the time of its first appearance a jomder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintitf 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 rnvolves an uninsured motonsr claim subject tc arbr/ral/on, check this r/em instead of Auto) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Inlury/ Wrongful Death Product Liability (not asbestos or iox/kyenv/ronmen/a/) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Lrabgity (e.g., shp and fall) Intentionaf Bodily Iniury/PD/WD (e.g, assault, vandahsm) 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) Civif Rights (e.g., dkscnminatron, false arrest) (not civil harassment)(08) Defamation (e.g., slander, lrbel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medkca/ or /ega/) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) cu-010 [Re July L 200/I CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract jno/ un/an/u/ de/amer or wrongful evrcrron) Contract/Warranty Breach-Seller Plarntiff (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/Coilectrons Case Insurance Coverage (no/ provisionally 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 Properly (e.g., quiet title) (26) Wnt of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (nol eminent domain, land/ord//enan/, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (I/the caseinvolves illegal drugs, check this item; otherwise, report as Commerc/al or Res/den/ra/) 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 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 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securitres 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 jnon- domestrc relations) Sister State Judgment Administrative Agency Award (no/ unpard taxes) Petition/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint /not spec/red above)(42) Declaratory Rehef Only Inlunctive Relief Only (non- harassment/ Mechanics Lien Other Commercial Complaint case (non-tortrnon-complex) Other Civil Complaint (non-fort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (nor specified above) (43) Crwl Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Rehef from Late Claim Other Civil Petition page 2 or 2 1453769.001