Civil Case Cover Sheet

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

ATToRNEY OR PARTY wlTHoUT ATTDRNEY /Nama, S/afa sar numsar muf addrass/:Jcssie Sema, SBN 90912 1585 The Alameda, Suite 100 San Jose, CA 95 I 26 CM-010 FOR COURT USE ONLY TELEPHONE Nos 408-294-9002 ATToRNEY FoR (Nama/l PlaintiffRoy Rocha suPERIGR coURT oF DAUFURNIA, coUNTY oF Santa Clara sTREETADDREss: 191 N. First Street MAILINGADDREss: 191 N. First Street clTYANozlpcocs: San Jose, 951 )3 BRANCH NAME. CtvtI CASE NAME: Roy Rocha vs. Jesse Herrera CIVIL CASE COVER SHEET Complex Case Designation[K Unlimited Limited (Amount C] Counter Joinder JUDGEdemanded demanded is Filed with first appearance by defendantexceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) oEF'r: Items 1-6 below must be completed (see /ns/rucfions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract FAx Nos 408-294-5827 Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) E7 Antitrust/Trade regulation (03)~ Construction defect (10) Mass tort (40) Securities litigation (28)~ Environmental/Toxic tort (30) C] Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment M Enforcement of judgment (20) Misceaaneous Civg Complaint E2 RICO(27) Other complaint (nof specified above) (42) C3 Breach of contract/warranty (06) C3 Rule 3.740 collections (09) Other collections (09) 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) J E3 Auto(22) Uninsured motorist (46) Other Pl/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort Asbestos (04) W Product liability (24) Medical malpractice (45) [H Other Pl/PD/WD (23) Nonasypb/WD (Other) Tort Business tort/unfair business practice (07) Civil rights (08) Defamation (13) Fraud (16) Intellectual properly (19) udfclsl Review Asset forfeiture (05) Petition re: arbitration award (11) Wnt of mandate (02) Other judicial review (39) Professional negligence (25) Other non-Pl/PD/WD ton (35) Miscellaneaus Civil Petition C] Partnership and corporate governance (21)~ Other petition (not spec/had above) (43)Em loymentWrongful termination (36) Other employment (15) ITYPE OR PRINT NAME) isIGflATURE QF PARTY QR ATTDRNEDFOIYPARYO NOTICE ~ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filedunder 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 ontg. CIVIL CASE COVER SHEETForm Adapted for M and a lory UsaJudldal Counal of Calrfomla CMNI0 Flau. July I, aaan 2. This case M is Lvj is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark thefactors requiring exceptional judicial management: a. H Large number of separately represented parties d. C3 Large number of witnesses b. ~ Extensive motion practice raising difficult or novel e. M 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. C] Substantial amount of documentary evidence f. C] Substantial postjudgment judicial supervision 3. Remedies sought (check ai/ that app/y)f a~a'onetary b. nonmonetary; declaratory or injunctive relief c. M punitive 4. Number of causes of action (specify)f I 5. This case C3 is K is not a class action suit. 6. If there are any known related cases, file and serve a notice of related pase. (Yo ay use fo/m CM-015) Date: March 25, 2021 Jessie Sema Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/25/2021 12:57 PM Reviewed By: V. Taylor Case #21CV381130 Envelope: 6111017 21CV381130 Peso 2 of 2 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM4)10To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you mustcomplete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compilestatistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must checkone 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 coversheet 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 moneyowed in a sum stated to be certain that is not more than $25,000, exdusive of interest and attorney's fees, arising from a transaction inwhich property, services, or money was acquired on credit. A collections case doss not include an action seeking the following: (1) tortdamages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ ofattachmenL The Identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the generaltime-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collectionscase 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 thecase is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated bycompleting the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with thecomplaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in theplaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation thatthe case is complex. CASE TYPES AND EXAMPLESAuto Tort Contract Provisionally Complex Civil Litigation (Csl.Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.460-3A03)Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)Contract (noi unlawful detainer Construction Defect (10)or wrongful ev/c//on) Claims Involving Mass Tort (40)Contract/Warranty Breach-Seller Securfsss Litigation (28) Plaintiff (noi /rsud or neg//eence) Environmental/Toxic Tort (30)/nsised ofAuto) Negligent Breach of Contract/ Insurance Coverage Claims Warranty (sr/sing /rom pmvi sfcnsiiy complexOther Breach of Contract/Warranty case type listed above) (41)Collections (e.g., money owed, open Enforcement of Judgment book accounts)(09) Enforcement of Judgment (20)Coaection Case-Seaer Plaintiff Abstract of Judgment (Out ofOther Promissory Note/Collections County) CaseWrongful Death Confession of Judgment (non-Insurance Coverage (noi provisionally domestic relations)complex) (18) Sister State JudgmentAuto Subrogation Administrative Agency AwardOther Coverage (not unpaid taxes)Ph icians 5 Surgeons other contract (37) Petftion/Cenificstion of Entry of Contractual Fraud Judgment on Unpaid Taxess prsc ice 0Other Contract Dispute Other Enforcement of Judgment CaseOther Pl/PD/WD (23) Real Properly Eminent Domain/Inverse Mlscsasneous Civil Complaint Condemnation (14) RICO (27) Wrongful Eviction (33) Other Complaint (noi specified (e.g., 0000uit, vandaasm) Other Real Property (e.g., quiet title) (26)intentional Infaction of Writ of Possession of Real PropertyEmotional Distress Mortgage Foredosure Negligent Inffictlon of Quiet Title Emotional Distress Other Real Property (noi eminentOther Pl/PD/WD domain, isndicrd/ienani, or Non-Pl/PD/WD (Other) Tort /oreciosure/ Other Civil ComplaintBusiness Tort/Unfair Business Unlawful Detainer (non-loft/non-comp/sx)Practice (07) Commercial (31) Mlsceffansous Clvff PetitionCivil Rights (e.g., discrimination, Residential (32) Partnership snd Corporatefalse arrest) (not c/v// Drugs (38) (///he case involves I//egs/ Governance (21)harassment) (08) drugs, check this //em; o/herw/se, Other Petition (nci specifiedDefamation (e.g., slander, libel) report ss Commercial or Residential) above) (43)(13) Judicial Review Civil HarassmentFraud (16) Asset Forfeiture (05) Workplace VlolencsIntsaectual Properly (19) Petition Rs: Arbitration Award (11) Elder/Dependent AdultProfessional Negligence (25) Writ of Mandate (02) AbuseLegal Malpractice Writ-Administrative Mandamus Election ContestOther Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change(noi medical or /ega/) Case Mausr Petition for Relief From LateOther Non-Pl/PD/WD Tort (35) Writ-Other Mmited Court Case ClaimEmployment Review Other Civil PetitionWrongful Termination (36) Other Judicial Review (39)Other Employment (15) Review of Health Offfcer Order Notice of Appeal-Labor Commissioner Appeals Cu.010 Ineu July 1, 200yi CIVIL CASE COVER SHEET