Civil Case Cover Sheet

Cal. Super. - 6th Dist.May 3, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/3/2021 12:14 PM Reviewed By: K. Himes Case #21CV381213 Envelope: 6362804 21CV381213 CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONL YWTODD F. HAINES, ESQ SBN: 144429 Law Offices ofTodd F. Haines 30495 Canwood Street, Ste 100, Agoura Hills, CA 91301 #467-152 TELEPHONE No.: 8 1 8-597-2240 FAX No.: 8 1 8-597-2120 ATTORNEY FOR (Name):BEN EVANS INC SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITv AND ZIP CODE: San Jose, 951 13 BRANCH NAME:Downtown Superior Court CASE NAME: BEN EVANS INC., etc., et a1 vs 300 HARDING BLVD ROSEWILL, LLC, et a1. CW"- CASE COVER SHEET Complex Case Designation CASE NUMBER:E Unlimited Limited . (Amount (Amount D Counter E Jounder JUDGE.demanded demanded is Filed with first appearance by defendant ' exceeds $25,000) $25,000 0r 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 Ton Contract Provisionally Complex Civil LitigationE Auto (22) E Breach of contract/warramy (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) E Antitrustffrade regulation (03) Other Pl/PD/WD (Personal Injury/Property E Other collections (09) D Construction defect (10) Damage/Wrongful Death) Tort E Insurance coverage (1 8) Mass tort (40) Asbestos (04) D Product liability (24) meal Property Environmentalfl'oxic ton (30) Other contract (37) D Securities litigation (28) Medical malpradice (45> D Eminent domain/lrwerse Insurance coverage claims arising from theD Other PI/PD/WD (23) condemnavon (14) above listed provisionally complex caseE Wron t Ievict' n (33) types{41)Non-Pl/PD/WD (Other) Tort g U '0E Business tort/unfair business practice (O7) D Other real pmpeny (26) Emorcement 0f JUdQWentE Civil rights (08) Unlawful Detainer D Enforcement of Judgment (20)E Defamation (13) D CommerCiaH31) Miscellaneous Civil ComplaintE Fraud (16) D Residential (32) E RICO (27)E Intellectual propeny (19) [j DFUQS (38) E Othercomplaint (notspecified above) (42)E Professional negligence (25) Judicial Review Miscellaneous Civil PemionD Other non-PI/PD/WD tort (35) D Asset forfeiture (05) Partnership and corporate governance (21) Employment E Petition re: arbitration award (11) E Other petition (notspeCI-fied above) (43) Wrongful 1ermination (36) E Writ of mandate (02)E Other employment (15) D Otherjudicial review (39) 2. This case E is 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.D Large number ofwitnesses 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 amountof documentary evidence f. E Substantial postjudgmentjudicial supervision 3. Remedies sought (check all thatapp/y): a.- monetary DD nonmonetary; declaratory or injunctive relief c. Epunitive 4. Numberof causes of action (specify):FOUR 5. This case E is is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You M-015.) Date : 4/ 1 6/2021 TODD F. HAINES. ESQ > (TYPE OR PRINT NAME) URE OF PARTY OR ATTORNEY FOR PARTY) NOTICE 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 Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. O File this cover sheet in addition t0 any cover sheet required by local court rule. o 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. ace 1 of 2 Form Adopted for Mandatory Use Cal. Rules 0f Courl, rules 2.30, 3.220, 3.400-3.403, 3.740; JudicialCouncil ofCaliiornia CIVIL CASE COVER SHEET Cal. Standards 0fJudicialAdministration, sld.3.10 CM-010[Rev.July l. 2007] www.caurtinloca‘gov Westlaw Doc 8: Form Builder 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 Sheetcontained 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 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 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)-Persona| Injury/Propeny Damage/Wrongful Death Uninsured Motorist (46) (ifthe case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PI/PD/WD (Personal Injury/ Property Damage/Wrongiul Death) Tort Asbestos (O4) Asbestos Properly Damage Asbestos Personal lnjury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (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 lnfliciion of Emotional Distress Negligent lnfliction of Emoiional Distress Other PI/PD/WD Non-PI/PD/WD (Other) Ton Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (notcivil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-mo [Rem July 1‘ 2007} CASE TYPES AND EXAMPLES Contract Breach of Contract/Warramy (06) Breach of RentaI/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Comract/ 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 Oiher Comract (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/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (O2) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter WriI-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 Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Ton (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/Certificalion of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Oiher Complaint {notspecilied above) (42) Declaratory Relief Only lnjuncfive 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 EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2