Civil Case Cover Sheet

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

CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Anna C. KaIkoon, Sate Bar #295797 Christine Siduguen, State Bar #240380 Paul J. Klemm, State Bar #199194 RAUSCH STURM 250 N. Sunnyslope Road, Suite 300 Brookfield WI 53005 TELEPHONE NO.: (877) 215-2552 ATTORNEY FOR (Name): PLAINTIFF SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/30/2021 12:09 PM Reviewed By: L. lmasa FAX NO.: (877) 396-4464 STREET ADDRESS: 191 NORTH FIRST STREET MAILING ADDRESS: Case #21 ICV381 1 80 CITY AND ZIP CODE: SAN JOSE, CA 95113 Envelope. 6353277 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME; TD Bank USA NA. vs. OLIVERIO F SILVA ez a1. CASE NUMBER: 21 CV381 1 80 CIVIL CASE COVER SHEET Complex Case Designation JUDGE: D Unlimited E Limited D Counter D Joinder DEPT: (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) Items I -6 below must be completed (see instructions 0n page 2). 1. Check one box below for the case types that best describes this case: Auto Tort D Auto (22) U Uninsured motorist (46) Other PI/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort U Asbestos (04) D Product liability (24) D Medical Malpractice (45) D Other PI/PD/WD (23) Non-PI/PD/WD (Other) Tort D Business tort/unfair business practice (07) Contract D Breach 0f contract/warranty (06) X Rule 3.740 collections (09) D Other Collections (09) U Insurance coverage (1 8) U Other contract (37) Real Property D Eminent domain/Inverse condemnation (14) D Wrongful eviction (33) D Other real property (2 6) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400 - 3.403) U Antitrust/Trade regulation (03) D Construction defect (10) U Mass tort (40) U Securities litigation (28) D Environmental /Toxic tort (30) D Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment D Enforcement ofjudgment (20) Miscellaneous Civil Complaint U Civil Rights (08) D Defamation (13) D Fraud (16) Unlawful Detainer D Commercial (3 1) U Residential (32) U Intellectual Property (19) u Drugs (38) U RICO (27) D Professional negligence (25) Judicial Review U pther complauTt Snot symfied above) (42) D Other non.P1/PD/WD tort (35) u Asset forfeiture (05) Mlscellaneous C1v1l Petltlon U Partnership and corporate governance (21)Employment D Other petition (not specified above) (43) U Petition re: arbitration award (1 1) U Wrongful termination (36) D Writ of mandate (02) D Other employment (15) U Other iudicial review (39) 2. This case D is X 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. D Large number of separately represented parties b. D Extensive motion practice raising difficult 0r novel issues that will be time-consuming to resolve c. D Substantial amount of documentary evidence d. D Large number of witnesses e. D Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. El Substantial postjudgment judicial supervision Remedies sought (check all that apply): a. X monetary b. D nonmonetary; declaratory or injunctive relief c. D punitive Number of causes of action (specifiz): 1 This case D is E is not a class action suit. . Ifthere are any known related cases, file and serve a notice ofrelated case. (You may useform CM-105.) Date: 04/29/2021 away») Christine Siduguen , (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY OF PARTY WITHOUT AN ATTORNEY) NOTICE - Plaintiffmust 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, 0r 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. Page 1 orz Form Adopted for Mandatory Use ‘IE 11E Cal Rules ofCourt, rules 2.30, 3.220, 3400-1403, 3.740 Judicial Council of California CIVIL CASE C0 R S ET Cal‘ Standards ofJudicial Administration, std‘ 3.10 CM-om [Rev. July 1, 2007] Our File no. 4200671 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET T0 Plaintiffs and Others Filing First Papers. Ifyou 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 0n page 1. This information will be used t0 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. T0 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 t0 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. T0 Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery ofmoney 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 0n 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 ofpersonal 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 t0 the requirements for service and obtaining a judgment in rule 3.740. T0 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 0f the California Rules 0f 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 0n all parties t0 the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs 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)7Persona1 Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (ifthe Case involves an uninsured Motorist claim subject to arbitration, check this item instead ofAuto) Other PI/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury, Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Healthcare 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 Other PI/PD/WD Non-PI/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 ( 1 9) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical 0r legal) Other Non-PI/PD/WD 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 0r wrongful eviction) ContractNVarranty Breach - Seller Plaintiff (notfraud 0r 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., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain landlord/tenant, or foreclosure) Unlawful Detainer Commercial (3 1) Residential (32) Drugs (3 8) (ifthe case involves illegal drugs, check this item; otherwise Report as Commercial 0r Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus 0n 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 Provisionally Complex Civil Litigation (Cal, Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass T011 (40) Securities Litigation (28) EnvironmentaI/Toxic Tort (30) Insurance Coverage Claims (arisingfrom provisionally complex case type listed above) (41) Enforcement 0f Judgment Enforcement ofJudgment (20) Abstract of Judgment (Out of County Confession ofJudgment (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-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 CM-010 [Rev. July 1, 2007] CIVIL CASE COVER SHEET Page 2 of 2