Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 23, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/23/2021 3:24 PM Reviewed By: Ashley Mackenzie Case #21CV381188 Envelope: 6307210 21CV381188 CM-010 _A'|'TORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and addreg‘): 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 Marquez (33 1023)Kar1ie D. Schafer (331884) P.O. Box 25 145, Santa Ana, CA 92799-5145, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 TELEPHONE N0.: 800-506-2652 FAX N0; ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF santa Clara STREET ADDREss:191 North First Street MAILING ADDREssSaII Jose CA 95 1 13 CITY AND ZIP CODE: BRANCH NAMEDowntown Superior Conn CASE NAME: I I Dlscover Bank v. Ezequlel Jacmto Ocampo CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:D Unlimited Limited _ (Amount (Amount D Cou nter E Jomder 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 mat best describes this case: ‘ Auto Tort ContraCt - ' Provisionally Complex Civil Litigation Auto (22) 4 Breach of contract/Warranty (05) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (4e) ' Rule 3.740 collections (09) ' E Antitrustrrrade regulation (03) Other Pl/PDIWD (Personal lnjury/Property DamageIWrongful Death) Tort Asbestos (04)E Product liability (24) Other coflections (09) Construction defect (10) Insurance coverage (18) Mass tort (40) EE . Other contract (37) E Securities litigation (28)EE DUDED Real Property Environmental/Toxic tort (30) Medical malpradice (45) E Eminent d°mainllnverse Insurance coverage claims arising from theE Other pVPD/WD (23) condemnation (1 4) above listed provisionally complex case Non-PI/PD/wo (Other) Ton E Wrongful eviction (33) types (41)E Business tort/unfair business practice (07) E Other real proPe'ty (26) Enforcement OfJUdgmentD Civil rights (08) Unlawful Detainer E Enforcement ofjudgment (20)E Defamation (13) E Commercial (31) Miscellaneous Civil ComplaintE Fraud (15) E Residential (32) E Rico (27)E Intellectual property (1 9) D Drugs (38) E Other complaint (notspecified above) (42)E Professional negligence (25) JUdiCia' RBViBW Miscellaneous Civil PetitionD Other non-PI/PD/WD ton (35) Asset forfeiture (05) Partnership and corporate govemance (21) E D Other petition (notspecified above) (43)Petition re: arbitration award (11) Wrongful termination (36) Writ of man date (02)E Other employment (1 5) Otherjudicial review (39) 2. This case E is m is not complex under rule 3.400 of the California Rules of Court. If the case is complex. mark the factors requiring exceptionaljudicial'management , > . . ~ 3ploymentD DUDE a. [j Large number of separately represented parties d.D Large number of witnesses b.D Extensive motion practice raising difficuit or novel e.D Coordination with related actions pending in one or more courts issues that will be time-consuming to resotve in other counties, states, or countries, or in a federal court c.D Substantial amount of documentary evidence f. D Substantial postjudgmentjudicial supervision ' Remedies sought (check all that apply): am monetary hm nonmonetary; declaratory or irijunctive‘ relief C.E punitive Number of causes of action (specify): ONE This case E is is not a class action suit. . If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) . Adam Brumage_ Maria Bradish__ Don Phan-Huy_ APRDEteZ 2m Rxota Isozaki_ DerrickM Jeremy Kimelman-' Enc Marquez Karlie D. Schafer ’ (TYPE 0R PRINT NAME) . V (SIGNATURE 0F PARTY 0R ATTORNEY FOR PARTY) ' NOTICE r . - ' ' ‘ ‘ r o 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 Wetfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may resutt in sanctions. ' 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 Rulw of Court. you must serve a oopy of this cover sheet on all other parties to the action or proceeding. 0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes oany. 0.019;» age 1 of 2 Form Adopted for Mandatory Use . Cal. Rules of Court. rules 2.30, 3220. 3400-3403. 3.740; Judidal Council of Califomia - CIVIL CASE COVER SHEEr - Cal. Standards ofmdidal Administration. std. 3.10 CM-010 [Rem July 1,2007] www.warfinfucagov American LegalNet. Inc‘ www.FormstM/owoom CM-O10 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 mse, 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 ajudgment in rule 3.740. To Parties in Complex Cases. In compIex 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 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 acfion. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff‘s designation, a oounter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. Auto Ton Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (48) (if the case involves an uninsured motorist claim subject to arbifiation, check this item instead ofAuto) Other Pl/PD/WD (Personal Injury/ Property DamageNVrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmentao (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PDNVD (23) Premises Liability (e.g.. slip and fall) Intentional Bodily lnjury/PD/WD (e.g.. assault. vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Other PI/PD/WD Non-PllPD/WD (Other) Tort Busin ess Tort/Unfair Business Practice (07) Civil Rights (e.g.. discrimination. false arrest) (not civil harassrnenfl (08) Defamation (e.g.. slander. libel) (13) Fraud (1 6) Intellectual Property (19) Professional Negligence (25) ##Legal Malpractice Other Professional Malpractice (not medical or legaa Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-O‘IO [Rev. July 1. 2007] I Print This Form I CASE TYPES AND EXAM PLES Contract ‘ Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) ContracWVarranty 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 (notprovisionally complex) (1 8) Auto Subrogation Other Coverage 0th er Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse 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, Iandlord/tenan: or foreclosure) Unlawful Detainer v ‘ 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) Wn't of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Casé Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civll thlgatlon (Cal. Rules of Court Rules‘3.400-3.403) Antitrust/Trade Regulation (O3) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally compbx 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 ase Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only lnjunctive Relief Only (non- harassmeno Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint . (non-tort/non-compbx) Mlscellaneous Clvll Petltlon Partnership and Corporate Governan ce (21) Other Petition (not specified above) (43) Civil Harassment Workplace \fiolence Elder/Dependent Adult Abuse ‘ Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of2 For your protection and privacy, please press the Clear 1;his Form I buflon after you have printed the form. Clear This Form