Civil Case Cover Sheet

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

Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/28/2021 11:18 AM Reviewed By: M. Dominguez Case #21CV381116 Envelope: 6333246 21CV381116 CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): _John P. Kenosian, Bar #80261 LAW OFFICES OF KENOSIAN & MIELE, 8581 SANTA MONICA BLVD., #17 LOS ANGELES, CA 90069 FOR COURT USE ONLY LLP 888-566-7644TELEPHONE NO ' 310-289-5177FAX NO.: ATTORNEYFORINM); DEBT MANAGEMENT PARTNERS , LLC SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N. FIRST ST MAILING ADDRESS l 9 l N , FIRST ST CITY AND ZIP CODE' SAN JOSE, CA 9 5 1 1 3 BRANCH NAME» SAN JOSE LIMITED CIVIL CASE NAME: DEBT MANAGEMENT PARTNERS , LLC V . SUSAN 7 E O _V R SHEET rgomplex Case Dgsignation CASE NUMBER L VJ Unlimited Kg Limited p Counter ‘ 1 Joinder ggrrrr‘lglr‘fied égnrggfirged is Filed with first appearance by defendant JUDGE exceeds $251000) $25,000 or less) (03L RU'eS 0f counv ru'e 3-402) DEPT Items 1-6 below must be completedjgee 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 LIV jAuto (22) {W i Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) r V I F ,. ,, , P :j Uninsured motorist (46) :X: Rule 3.740 collections (09) \ \ Antitrust/Trade regulation (03) Other PIIPDNVD (Personal lnjury/Property ‘1; Other Collections (09) ‘TH Construction defect (10) DamageIWrongful Death) Tort i fl“ msurance coverage (18) [ 7‘ Mass tort (40) lAsbestos (04) E J OtherCOfiiraCt (37) i; 1 Securities litigation (28) j Product liability (24) Real Property E N 1 Environmentalfl'oxic tort (30) 1:7 Medical malpractice (45) Fm fl _ I ‘77 W § Insurance coverage claims arising from the F """ 1 Other pI/pDIWD (23) 1L V} Em’nent doma'n/lnverse A above listed provisionally complex case condemnation (14) types (41) tion- PI/PDNVD (Other) Tort ‘V '1 Wrongful eviction (33) Business tort/unfair business practice (07) f5 ‘ Other real property (26) Enforcement of Judgment Kg, l 1W, ,J I ,WW : j- Defamatlon (13) {7‘ Commercial (31) t P ‘: j FraUd (16) Lj Residential (32) 77777 RICO (27> [M Intellectual property (19) f J Drugs (38) r Other complaint (not specified above) (42) [V ”j Professional negligence (25) L :judicial Review Miscellaneous Civil Petition 10thernon-Pl/PD/WD tort (35) I j Assetforfeiture (05) ‘ 7 1 Partnership and corporate governance (21) Employment L” Petition re: arbitration award (1 1) 1 Q; Other petition (not specified above) (43) j Wrongful termination (36) a Writ of mandate (02) J: ij Other employment (15) L j Other judiCial TGVieW (39) 2. This case [WI is [fl is not complex under rule 3.400 ofthe California Rules of Court. lfthe case is complex, mark the factggs requiring exceptional judicial management. ,m a a. r 7‘ Large number of separately represented parties d. L:\ Large number Of Witnesses b. 7 1 Extensive motion practice raising difficult or novel e. 1 J Coordination with related actions pending in one 9r more courts issues that Wi” be time consuming t0 TeSOIVe in other counties, states, or countries, or ina‘feder | court c. > a SUbStam'al amount 0f documentary eV'dence f. 1:: J Substantial postjudgment judicial supervision f. 3- Remedles 50“th (CheCk a” that apply} a LIL! monetary b. [:1 nonmonetary; declaratory or injunctive relief c; ‘ Vfi‘flumtlve 4. Number of causes of action (specify). TWO: BREACH OF CONTRACT/COWON COUNTS 43;“ a 5. This case L 7 is D; ‘ is not a class action suit ” 6. If there are any known related cases, file and serve a notice of related case. (You may us‘e form CM-01 Date April 15, 2021 ’ if . John P. Kenosian. Bar #80261 / x (TYPE 0R PRINT NAMQ (SIéNATURE 0F Pfiv 0R ATTORNEY FOR PARTY) NOTICE in sanctions. o File this cover sheet in addition to an8 o Ifthis case is complex under rule 3 4 other parties to the action or proceeding. cover sheet required by local court rule. O Plaintiff must file this cover sheet with the first paper filed In the action or proceeding (e _under the Probate Code Family Code or Welfare and Institutions Code). (Cal Rules O et seq. ofthe California Rules of Court you must serve a copy of this cover sheet on all O Unless this Is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. pt small claims cases or cases filed ourt, rule 3.220.) Failure to file may result 91012 Form Adopted for Mandatory Use Judicial Council of California CM.01O [Rev July 1. 2007] CIVIL CASE COVER SHEET Cal Rules of Court rules 2 30 3 220, 3.4003: 403. 3,740 Cal Standards of Judnctal Admimstranon‘ std 3 1C INSTRUCTIONS 0N How To COMPLETE THE COVER SHEET CM-010 T0 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 in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cove: 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 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) ton damages, (2) punitive damages. (3) recovery of real property, (4) recovery of personal propeny, or (5) a prejudgment 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 collections case will be subjeci 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, if the plaintiff has made no designation, a designation thal the case is complex. Auto Tort Auto (22)-Personal Injury/Property DamageNVrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other PIIPDNVD (Personal Injury/ $roperty DamageIWrongful Death) ort Asbestos (O4) 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/PD/WD (e.g., assault, vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Other PIIPDNVD Non-PIIPDIWD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (1 9) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical orlegal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-010 [Rev. July, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract not unlawful detainer or wrong uI eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of ContractNVarranty 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., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, Iandlord/tenant, or foreclosure) Unlawful Detainer Commercia| (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise. report as Commercial or Residential.) Judicial Review Asset Forfeiture (O5) Petition Re: Arbitration Award (1 1) 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 CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Ton (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (an'sing 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 Case (non-torT/non-complex) Other Civil Complaint (non-tort/non-complex) 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 Page 2 of 2