Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 30, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/30/2021 11:15 AM Reviewed By: Ashley Mackenzie Case #21CV381170 Envelope: 6352451 21CV381170 CM-010 ATTORNEY OR PARTY WITHOUT A‘ITORNEY (Name State Bar number, and addrege): The Moore Law Group, APC Adam Brumage (283180) Maria Bradish (288384) Don Phan-Huy (309853) Ryota Isozaki (321040) Derrick Uhri (321 161) Jeremy Kimmelman (322958) Eric Ma_rquez (331023)Kar1ie D. Schafer (331884) P.O. Box 25145, Santa Ana, CA 92799-5145, 3710 S Susan Street, Ste 210, Santa Ana, CA 92704 TELEPHONE No.: 800-506'2652 FAX No; ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF santa Clara STREET ADDRESS:191 North First Street MAILING ADDREssSan Jose CA 951 13 CITY AND ZIP CODE: BRANCH NAMEDowntown Superior Court C_ASE NAME: _ Dlscover Bank v. Venkatasukanth Kota CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:E Unlimited Limited _ (Amount (Amount D Counter E Jomd er JUDGE. demanded demanded is Filed with first appearance by defendant ' exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: 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: Auto Tort . Contract Provisionally Complex Civil LitigationE Auto (22) Breach of contracuwarranty (05) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other PllPD/WD (Personal lnjury/Property Other collections (09) Construction defect (10) DamageNVrongful Death) Tort lnsurance coverage (1a) Mass tort (40) Asbestos (04) other contract (37) Securities litigation (28) DUDED DDDDDD Product liability (24) Rea] property Environmentalrroxic tort (30) Medical malpradice (45) E Eminent domain/Inverse Insurance coverage claims arising from theE Other Pl/PDNVD (23) condemnation (1 4) above listed provisionally complex case Non-PI/PDIWD (Other) Tort E Wr°n9ful evictiO" (33) types (41)E Business torflunfair business practice (07) E Other real property (25) Enforcement OfJUdgmentE CM] rights (03) Unlawful Detainer D Enforcement of judgment (20)D Defamation (13) E COmmerCia' (31) Miscellaneous Civil ComplaintE Fraud (16) E Residential (32) E Rlco (27)E Intellectual property (1 9) E Drugs (38) E Other complaint (not specified above) (42)E Professional negligence (25) Judicial Review Miscellaneous CW" PetitionE Other non'Pl/PD/WD t0“ (35) E Asset forfeiture (05) Partnership and corporate governance (21) Employment D Petition re: arbitration award (11) E Other petition (not specified above) (43) Wrongful termination (36) E Writ of mandate (02)E Other employment (15) E Other judicial review (39) 2. This case E is [E 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.E Large number of separately represented parties d.E Large number of witnesses b.E Extensive motion practice raising difficult or novel e.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.E Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply). am monetary b.E nonmonetary; declaratory or injunctive relief c.E punitive 4. Number of causes of action (specify): ONE 5. This case E is is not a class action suit. If there are any known related cases file and serve a notice of rel ed case. (You may use form CM-015.) APGRatz g zaz‘Adam Brumage_ Maria Bradish_ Don Phan-Huy_ Ryota Isozaki_ Dem'ck Uhri__ Jeremy Kimmelman Eric Marquez- Karlie D. Schafer ’ (TYPE 0R PRINT NAME) (SIGNAWRE 0F PARTY 0R ATTORNEY FOR PARTY) NOTICE o Plaintiff must file this cover sheet with the first paper filed 1n the action or proceeding ( cept small claims cases or wsas filed under the Probate Code, Family Code, or Werfare and Institutions Code) (Cal. Rules of Court rule 3.220) Failure to file may resutt in sanctions. 0 File this cover sheet In addition to any cover sheet required by local court rule ' 0 lf this case is complex under rule 3.400 et seq. of the California Rules of Court you must serve a oopy of this cover sheet on all other parties to the action or proceeding. ‘ 0 Unless this ls a collections case under rule 3.740 or a complex case this cover sheet will be used for statistical purposes only. e1 f2O Form Adopted for Mandatory Use Cal. Rules of Court. rules 2.30, 3.220. 3400-3403. 3.740; Judicial Council ofCalifomia CIVIL CASE COVER SHEEr Cal. Standards ofJJdicialAdministrah‘on. std. 3.10 CM-010 [Rev. July 1. 2007] www. oourfinfocagov American LegalNet, Inc. www.FonnstM/owcom CIVI-O1O 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. ln item 1, you must check one box for the case type that best describes the case. lf the case fits both a general and a more specific type of case listed in item 1, check the more specific one. lf 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 8.220 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 ajudgment in rule 3.740. To Parties in Complex Cases. ln complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintifi 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 oover sheet must be served with the complaint on all parties to the acfion. 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 designafion. a designation that the case is complex. Auto Tort ‘ Auto (22)-Personal lnjury/Property DamageNVrongful Death Uninsured Motorist (46) (if the case invalves an uninsured motorist claim subject to arbitation, check this item instead ofAuto) Other P_IIPDNVD (Personal lnjury/ Property DamageNVrongful Death) Tort Asbestos (O4) Asbestos Property Damage Asbestos Personal lnjury/ Wrongful Death Product Liability (not asbestos or foxic/environmentap (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 lnjury/PDNVD (e.g.. assault. vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Other Pl/PDNVD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g.. discrimination. false arrest) (not civil harassmenfl (08) Defamation (e.g.. slander. libel) 13) Fraud (1 6) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legao ‘ Other Non-Pl/PDNVD Tort (35) Employment -- Wrongful Termination (36) Other Employment (15) 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 fiaud 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 0th er Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) v Wrongful Eviction (33) Other Real Prope'rty (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. Commercial (31) , Residential (32) Drugs (38) (if the case involves ilbgal drugs, check this item: otherwise, report as Commercial or Residentiao 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 Oficer Order Notice of Appeal-Labor Commissioner Appeals Provisionally Complex Civil Litlgatlon (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) Environmentalfroxic Tort (30) Insurance Coverage Claims (arising fi'om 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- harassmeno Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) ' Mlscellaneous Clvll Petitlon' Partnership and Corporate Governan ce (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-010 [Rev. J.le 1. 2007] CIVIL CASE COVER SHEET Page 2 of2 _ _ For your protection and privacy, please press the Clear This Fon'n _ l Prlnt Thls Form I button after you haVe printed the form. Clear Thls Form I