Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 26, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/26/2021 2:16 PM Reviewed By: L. Imasa Case #21CV381152 Envelope: 6316160 21CV381152 CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number. and address): JACK H. POGOSIAN, State Bar N0.: 305741 IMANASI TAHILIANL State Bar No.1 272821 / CHRISTINA ARNOLD, State Bar N0.: 297590 / HYO JIN JULIA JUNO, State Bar N0.: 316090/ MELINE GRIGORYAN, State Bar N0.: 321 I33 / MICHAEL D. KAHN, State Bar N0.: 236898/ NICHOL ALAN DE GUZMAN, State Bar N0.: 314989 / CAMRYN P. BERK, Slate Bar N0.: 317565 MIDLAND CREDIT MANAGEMENT. INC. 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO. CA 92108 TELEPHONE NO‘: (866) 300-8750 FAX N0.: (858) 309-1588 ATI'ORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 191 N. FIRST ST CITY AND ZIP CODE: SAN JOSE. CA 95] l3 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND CREDIT MANAGEMENT. INC. VS. JESUS R ALVAREZ CIVIL CASE COVER SHEET Complex Case Designation Unlimited Case Limited C'ase D counter D Minder (Amount demanded (Amount demanded Filed with first appearance by defendant exceeds $25,000) is $25,000 or less) (Cal. Rules of Court, rule 3.402) CASE NUMBER: JUDGE: DEPT: Items 1-6 below must be completed (see instructions on page). 1. Check one box below for the case type that best describes this case: Auto Tort Contract D Auto (22) Breach of contract/warranty (06) D Uninsured motorist (46) g Rule 3.740 collections (09) Other Pl/PD/WD (Personal lnjury/Property D Othercollections (09) Damage/Wrongful Death) Tort D Insurance coverage (18)D ASbeStOS (04) D Othercontract (37)D Product Iiability(24) Real PropertyD Medica' ma'p’amice (45) Eminent domain/lnverse condemnation (14) D Other PI/PD/WD (23) Wrongful eviction (33) Non-PI/PD/wo (Other) Tort D omer real propeny(2e) Business tort/unfair business practice (07) Unlawful Detainer D Civil rights (08) Commercial (31) D Defamation (13) D Residential (32) D Fraud (1e) D Drugs (33) D InteHectuaI propeny (19) Judicial Review D Professional negligence (25) A3561 forfeiture (05) D omer non.pl/pD/WD tort (35) D Petition re: arbitration award (1 1) Employment D Writ of mandate (02) Wrongful termination (36> D Other judicial review (39)D Other employment (15) Provisionally Complex Civil Litigation Eal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulaiion (03) D Construction defect (1 0) D Masstort (40) D Securities litigation (28) D Environmentalfroxic tort (30) D Insurance coverage claims arisi'ng from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) D Other complaint (notspecified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) D Other petition (nor specified above) (43) 2- This caseU isEis not complex under rule 3.400 of the California Rules of Coun. If the case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. b. Extensive motion practice raising difficult or novel e. a issues that will be time--consuming to resolve c. D Substantial amount of documentary evidence f. . Number of causes of action (specify). ONE . This case is not a class action suit.Ummam ate. JACK H. POGOSIAN/ CHRISTlNA ARNOLD/ HYO JIN JULIA JUNG ELINE GRIGORYAN/ MICHAEL D. KAHN NICHOL ALAN DE GUZMAN /DCAMRYN P. BERK (TYPE 0R PRINT NAME) MANASI TAHlLlANI >é . Remedies sought (check allthatapp/y). a. E monetary b. D non monetary; declaratory orinjunctive relief Large number of witnesses Coordination with related actions pending in one or more courts in other counties states, or countries or in a federal court Substantial post judgment judicial supervision c. D punitive . If there are anySIKW relafdzZflfs file and serve a notice of related case (You may use form CM-015. ) (SIGNATURE OF PARTY OR ATTORNEY FOR PARm NOTICE - File this cover sheet in addition to any cover sheet required by local coun rule, action or proceeding. v 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). (Call Rules of Court, rule 3.220.) Failure to file may result in sanctions. If this case is complex under rule 3.400 et seq. of the California Rules of Coun, you must serve a copy of this cover sheet on all other parties to the - UnIess this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 of 2 Form Adopted lor Mandatory Use Judicial Council of California CM-010 [Rev. July 1, 2007] CA_OIOOG File N0.: 21-41926 CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30. 3.220, 3.400-3.403, 3.740; Cal‘ Standards of Judicial Administration, std. 3.10 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 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. 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 Sheetto 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 that the case is complex. Auto Tort Auto (22)-Personal lnjury/Property DamageNVrongful Death Uninsured Motorist (46) (lfthe case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other Pl/PDNVD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (O4) Asbestos Property Damage Asbestos Personal lnjury/ Wrongful Death Product Liability (not asbestos or toxic/env/ronmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/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 PI/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) 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 (1 5) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentaI/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/Warranty 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/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quite title) (26) Writ of Possession of Real Propeny Mortgage Foreclosure Quite Title Other Real Property (not eminent domain, Iandlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; othem/ise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) 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 Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 O) 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 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-comp/ex) 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 CM-O1O [Rev. July 1, 2007] CA_OlOOG File N0.: 21-41926 CIVIL CASE COVER SHEET Page 2 of 2