Civil Case Cover Sheet

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) Aaron N. Baldaro, Esq./SBN ff261156 AMERICAN EXPRESS LEGAL 199 S. Los Robics Ave., Suite 540 Pasadena, CA 91101 TELEPHONE Noc (626) 660-0002 FAX Noc (626) 298-671 6 ATTQRNEY FQR (Name): AmeriCan EXpreSS NatiOnal Bank SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 1 91 N. Fll St St. MAILING ADDRESS: clTY AND zIP coDE: San Jose, CA 951 1 3 BRANGH NAME: Downtown Courthouse CASE NAME: AMERICAN EXPRESS NATIONAL BANK v. SERGIO MORENO A/K/A SERGIO A MORENO and DOES 1 to 10, inclusive FOR COURT USE ONLY CM-010 CIVIL CASE COVER SHEET 0 Unlimited E Limited (Amount de- (Amount de- manded exceeds mended is $25,000) $25,000 or less) Complex Case Designation 0 Counter 0 Joinder Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) CASE NUMBER: JUDGE: DEPT: items 1 -6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that Auto Tort Auto (22) Uninsured motorist (46) Other Pl/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort Asbestos (04) Product liability (24) Medical malpractice (45) Other Pl/PD/WD (23) Non-PI/PD/WD (Other) Tort Business tort/unfair business practice (07) Civil rights (08) Defamation (13) Fraud (16) Intellectual property (19) Professional negligence (25) Other non-Pl/PD/WD tort (35) Employment Wrongful termination (36) Other employment (15) best describes this case: Contract Breach of contract/warranty (06) g Rule 3.740 collections (09) Other collections (09) Q Insurance coverage (18) Other contract (37) Real Property Eminent domain/Inverse condem- nation (14) Wrongful eviction (33) Q Other real property (26) Unlawful Detainer Commercial (31) Residential (32) Q Drugs (38) Judicial Review Asset forfeiture (05) Petition re: arbitration award (11) Writ of mandate (02) Q Other judicial review (39) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) P Construction defect (10) P Mass tort (40) Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint 0 RICO (27) P Other complaint (not specified above) (42) Miscellaneous Civil Petition P Partnership and corporate governance (21) Other petition (not specified above) (43) 2. This case 0 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. Large number of separately represented parties d. 0 Large number of witnesses b. Extensive motion practice raising difficult or novel e. 0 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. Substantial amount of documentary evidence f. 0 Substantial postjudgment judicial supervision 3. Remedies sought (check all that app/y): a. E monetary b. 0 nonmonetary; declaratory or injunctive relief c. punitive 4. Number of causes of action (soecifvl: one 5. This case LI is E is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-Of 5.) Date: April 28, 2021 Aaron N. Baldaro, Esq./SBN ff261156 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE ~ 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. ~ 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 of 2 Form Adopted for Mandatory Use Judicial Council of California CM-010 [Rev. July 1, 2007] 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 www. court info. ca.goo Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/3/2021 1:04 PM Reviewed By: Ashley Mackenzie Case #21CV381214 Envelope: 6363370 21CV381214 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 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 plaintiffs desig- nation, 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 Injury/Property Dam- age/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbi- tration, check thisitemin- stead of Auto) Other Pl/PD/WD (Personal Injuryl Prop- erty Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environ- mental) (24) Medical Malpractice (45) Medi- cal Malpractice- Physicians 8 Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Prem- ises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emo- tional Distress Negligent Infliction of Emo- tional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harass- ment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Le- gal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/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 or wrongful eviction) Contract/Warranty Breach-Seller Plain- tiff (not fraud or negligence) Negligent Breach of Contract/ War- ranty 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 comp/ex) (18) Auto Subrogation Other Coverage Other Contract (37) Contrac- tual 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 do- main, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check thisitem; otherwise, re- port as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Re- view Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commis- sioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionaliy complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non-do- mestic 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-harass- ment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Govern- ance (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