Civil Case Cover Sheet

Cal. Super. - 6th Dist.March 25, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (IVame, State Bar number, and address): THE DUNNING LAW FIRM APC Donald T. Dunning (144665) James MacLeod (249145) 9619 Chesapeake Dr., Suite 210 San Diego, CA 92123 TELEPHONE NOJ 858-974-7600 FAX NO3 858-974-7601 ATTORNEY FOR (Name); PLAINTIFF SUNSTREET ENERGY GROUP, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. FIRST STREET MAILING ADDRESS: SAME CITY AND ZIP CODE: SAN JOSE CA 95113 BRANCH NAME: MAIN DIVISION CASE NAME: SUNSTREET ENERGY GROUP, LLC vs. ALEJANDRA VILLANUEVA, an individual; JESUS ALEJANDRO VILLANUEVA; ELVIRA VILLANUEVA, an individual; CM-010 FOR COURT uSE ONL Y CIVIL CASE COVER SHEET Q Unlimited H Limited Complex Case Designation Counter Joinder CASE NUMBER: demanded exceeds $25,000) demanded is $25,000 or less) I an (Cal. Rules of Court, rule 3.402) DEPT: Items 1-5 below must be completed (seeinstructions on page 2). 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 motorist (46) Rule 3.740 collections (09) Other Pl/PD/WD (Personal Injury/Property Insurance coverage (18) Damage/Wrongful Death) Tort Other contract (37) Asbestos (04) Real Property Product liability (24) Eminent domain/Inverse Medical malpractice (45) condemnation (14) Other Pl/PD/WD (23) Wrongful eviction (33) Non-Pl/PD/WD (Other) Tort Other real property (26) Business tort/unfair business practice (07) Unlawful Detainer Civil rights (08) Commercial (31) Defamation (13) Residential (32) Fraud (16) Drugs (38) Intellectual property (19) Judicial Review Professional negligence (25) Asset forfeiture (05) Other non-Pl/PD/WD tort (35) Petition re: arbitration award (11) Employment Writ of mandate (02) Wrongful termination (36) Other judicial review (39) Other employment (15) 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 arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (not specified above) (43) 2. This case is H 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 d. Large number of witnesses b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. Substantial amount of documentary evidence f. Substantial post-judgment judicial supervision 3. Remedies sought (chec/r all that apply): a. H monetary b. non-monetary; declaratory or injunctive relief c. punitive 4. Number of causes of action (specify): TWO 5. Thiscase is 2 is not aclass action suit. 6. If tfyrp are any known related cases, file and serve a notice of related case. (You ma e f r M 15.) Date: r(~/q, James MacLeod (249145) 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 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 will be used for statistical purposes only. Pa et of 2 Form Adopted for Mandatory Use Judicial Council of California CM.010 [Rev. July I, 2007] CA 01 EFile Civil Case Cover CIVIL CASE COVER SHEET File No. 330540.001 Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Standards of Judicial Administration, std. 3.10 www.courfrnfo,ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/25/2021 8:09 AM Reviewed By: V. Taylor Case #21CV381123 Envelope: 6107327 21CV381123 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET ! and serve no later than the time of its first appe mplex, or, if the plaintiff has made no designatio CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/WarranIy Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally comp/ex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domalnilnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quite title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quite Title Other Real Property (not eminent domain, /andlerdltenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) 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 Appeal-Labor Commissioner Appeals arance a joinder in the plaintiff's designation, a n, a designation that the case is complex. n. A defendant may file n that the case is not co s to the aetio ter-designatio partie coun Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 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 (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 (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 Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (lf the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PI/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product I iability (not asbestos or toxiclenvironmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/WD Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint (non-tortlnon-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 Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) 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 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 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 initial paper. You do not need to submit a cover sheet with amended papers. 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'nder 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) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as rule 3.740 collections case on this form means that it will be exempt form 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 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 indicated by completing the CM-010 [Rev. January 1, 2007] CA Ol EFile Civil Case Cover CIVIL CASE COVER SHEET File No. 330540.00 I Page 2 of 2