Civil Case Cover Sheet

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

ATTORNEY OR PARTY WITHDUT ATTORNEY fNsme, Slate Bar number end addiessl Robert Montes, Jr. (SBN 159137) Maiek H. Shraibati (SBN 134441) Rafii & Associates, P.C. 9100 Wiishire Blvd, Suite 465E Beverly Hills, CA 90212 TELEPHONE No. 3 1 0.777.7877 FAx No. 310.777.7855 ATTORNEY FOR fName/I Juan Aldama sUPERIQR coURT QF cALIFDRNIA, coUNTY QF Santa Clara sTREET ADDREss: 1 9 1 North First Street MAILING ADDRESS GITYANDzlpcoDE: San Jose, CA 951 13 BRANGH NAME Downtown Superior Court CASE NAME: Juan Aldama v A & J Precision Sheetmetaj, inc. CIVIL CASE COVER SHEET Complex Case Designation ~v'nlimited H Limited (Amount (Amount H Counter H Joinder demanded demanded is Filed with first appearance by defendant JUDGE exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEP'n Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: FOR COURT USE ONLY CM-010 Auto Tort Auto (22) Uninsured motorist (46) Other Pl/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort Asbestos (04) Product liability (24) Medical malpractice (45) 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 negligence (25) Other non-Pl/PD/WD tort (35) Employment Wrongful termination (36) ~v'ther employment (15) Contract Breach of contract/warranty (06) Rule 3.740 collections (09) Other collections (09) C3 Insurance coverage (18) Other contract (37) Real Property Eminent domain/Inverse condemnation (14) Wrongful eviction (33) Other real property (26) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) Judicial Review Asset forfeiture (05) Petition re: arbitration award (11) Writ of mandate (02) Other judicial review (39) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) M Construction defect (10) Mass tort (40) Securiiies litigation (28) Environmental/Toxic tort (30) Insurance coverage claims adising from the above listed provisionally complex case types (41) Enforcement of Judgment C] Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (not specified abave) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition /not specified above) (43) 2 This case LJ is M is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requinng exceptional judicial management a. M Large number of separately represented parties d. Large number of witnesses b. M 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. M Substantial amount of documentary evidence f. Substantial postjudgment ludlcial supervision 3. Remedies sought (check a/I that app/y): a.~vf monetary b nonmonetary; declaratory or injunctive relief c ~punitive 4. Number of causes of action (specify): Five (5) 5. This case C] is K 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. 03/25/2021 Malek H. Shrajbati OYPE OR PRINT NAME) ISIGNATURE OF PARTY OR ATTORNEY FOR PARTY) Foml Adopted for Mandatoo Use Judiaal Counal of California CM-of 0 [Rev 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 Cahfornia 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. Pagef of2 CIVIL CASE COVER SHEET Cal Rules of Court, rules 2.30, 3.220, 3 400-3 403, 3.740,Cel Standards of Judiaal Administration, std 3 to www.oouibnro oa gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/25/2021 12:36 PM Reviewed By: V. Taylor Case #21CV381129 Envelope: 6110779 21CV381129 C M-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 Dvil 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 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, 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 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 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 Cahfornia 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 ag 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. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease AntitrusUTrade Regulation (03) Uninsured Motorist (46) (/f the Contract (no/ unlawful detainer Construction Defect (10) case involves an uninsured or wrongful eviction/ Claims Involving Mass Tort (40) motorist claim subject /0 Contract/Warranty Breach-Seller Securitie" Litigation (28) arb//ra//on, check this item Plainbff fno/ fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contracu Insurance Coverage Claims Other Pl/PD/WD (Personal Injury/ Warranty (ari 0/ng from provisionally complex Property Damage/Wrongful Death) Other Breach of ContracuWarranty case type listed above/ (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case Seger Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County) Case Confession of Judgment (non- Insurance Coverage (no/ provisionally domestic re/at/onsj toxic/en vironmentarj (24) complex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice- Other Coverage fno/ unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other Pl/PD/WD (23) Real Property Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (no/specified (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional Infliction of Declaratory Relief Only Emotional Distress Injunctive Relief Only (non- Negligent Infliction of harassment) Emotional Distress Other Real Property (no/eminent Mechanics Lien Other Pl/PD/WD Other Commercial Complaint Non-Pl/PD/WD (Other) Tort foreclosure) Case (non-tort/no-comp/ex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) Commercial (31) non-io non-comp ex Miscellaneous Civil Petition Civil Rights (e.g., discrtimination, Residential (32) false arrest) (not civil Drugs (38) (/r the case involves illegal harassment) (08) drugs, check thisitem; otherwise, Other Petition (no/ specifiedDefamation (e.g., slander, libel) report as Commenxa/ or Residential) above) (43) (1 3) Judicial Review Civil Harassment Fraud (16) Asset Forfeiture (05) Intellectual Property (19) Petition Re: Arbitration Award (11) Professional Negligence (25) Writ of Mandate (02) Legal Malpractice Writ-Administrative Mandamus Other Professional Malpractice Writ-Mandamus on Limited Court (nof medical or legal) Case Matter Petibon for Relief From Late Other Non-Pl/PD/WD Tort (35) Writ-Other Limited Court Case Claim Employment Review Wrongful Termination (36) Other Judiaal Review (39)Other Employment (15) Review of Health Officer Order Notice of Appeal-Labor Commissioner Aooeals CM-0/0 iaev. July a 2007) CIVIL CASE COVER SHEET ReseZ rZ