Civil Case Cover SheetCal. Super. - 6th Dist.May 3, 2021CM-010 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address).- _GABA GUERRINI LAW CORPORATION Rodolfo Gaba, Jr. (230475) John D. Guerrini (190972) Ryan M. Arakawa (315181) 8583 Irvine Center Drive - Suite 500 Irvine, California 92618-4298 TELEPHONE N0: 888-391 -1228 Phone ATTORNEY FOR (Name); AMGUARD INSURANCE COMPANY FAX NO; 949-207-71 08 Facsimile FOR COURT USE ONLY Electronically Filed 3y Superior Court of CA, SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS:191 NORTH FIRST STREET MAILING ADDRESS: CITY AND ZIP CODESAN JOSE, CA 951 13 Bounty of Santa Clara, >n 5/3/2021 1:12 PM Reviewed By: R. Cachux Base #21 CV38121 6 BRANCH NAMESAN JOSE -A_AA-- Envelope: 6363474 TECHNOLOGIES, |NC., A CORPORATION CASE NAME: AMGUARD INSURANCE COMPANY vs. OMEGA GLOBAL CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER;D Unlimited m Limited D C t D J . d 21CV381216(Amount (Amount Dun er om er JUDGE demanded demanded is Filed with first appearance by defendant ' exceeds $25,000) $25,000 0r less) (Cal. Rules 0f Court, rule 3.402) DEPT.: Items 1 -6 below must be completed (see instructions on page 2). . Check one box below for the case type that best describes this case: Contract Breach of contract/warranty (O6) Rule 3.740 collections (09) Other collections (09) Insurance coverage (18) Other contract (37) Auto Tort a Auto (22)Uninsured motorist (46) Other PIIPDIWD (Personal InjurylProperty DamagelWrongful Death) Tort Asbestos (04) Product liability (24) Medical malpractice (45) Other PI/PD/WD (23) Non-PIIPDIWD (Other) Tort' Business tort/unfair business practice (07) Civil rights (08) Defamation (13) Fraud (16) Intellectual property (19) Professional negligence (25) Other non-PI/PD/WD tort (85) Provisionally Complex Civil Litigation Cal. Rules of Cou rt, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities litigation (28) EnvironmentaI/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Real Property Eminent domain/Inverse condemnation (14) Wrongful eviction (33) Other real property (26) Enforcement of Judgment Unlawful Detainer D Enforcement of judgment (20) a Commercial (31) Residential (32) Drugs (88) Judicial Review Asset forfeiture (05) Petition re: arbitration award (1 1) Writ of mandate (O2) Other judicial review (39) Miscellaneous Civil Complaint a RICO (27)Other com plaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Employment Other petition (notspecified above) (48) Wrongful termination (36) Other employment (15) 2. This case D is m is not complex under rule 3.400 0f the California Rules 0f Court. If the case is complex, mark the factors requiring exceptional judicial management: a. Large number 0f separately represented parties d. a Large number 0f witnessesb. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one 0r more courts issues that will be time-consuming to resolve in other counties, states, 0r countries, 0r in a federal court C. D Substantial amount 0f documentary evidence f. D Substantial postjudgmentjudicial supervision 3. Remedies sought (check allthatapply): a. m monetary b.D nonmonetary; declaratory or injunctive relief c. D punitive 4. Number of causes of actionfiecify): 1 (ONE) 5. This case is is not a class action suit. 6. If there are any known related cases, file and serve a notice of related Date; May 3, 2021 @é? may use form CM-015.) i A4 (SIGNATERE OF PARTY OR ATTORNEY FOR PARTY) Rodolfo Gaba. Jr. (TYPE OR PRINT NAME) D NOTICE Plaintiff must file this cover sheet with the first paper filed in the action 0r proceeding (except small claims cases 0r cases filed under the Probate Code, Family Code, 0r Welfare and Institutions Code). (Cal. Rules 0f Court, rule 3.220.) Failure t0 file may result in sanctions. File this cover sheet in addition t0 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 0n all other parties t0 the action 0r proceeding. Unless this is a collections case under rule 3.740 0r a complex case, this cover sheet will be used for statistical purposes only. Page1 of 2 F Ad t df M d t U , , C |. R | fC t | 2.30, 3.220, 3.400-3.403 3.740;égmifiguemfimw 39 r”) C'V'L CASE COVER SHEET a aségtanaaiagtsfiumdalAdministratgnfitdwo - [ ev. uy , ] W ESSENTIAL FHRMSTM M/wwcou m acagov INSTRUCTIONS ON HOW T0 COMPLETE THE COVER SHEET CM-Mo 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 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/Property Damage/Wrongful Death Uninsured Motorist (46) (ifthe case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PIIPDIWD (Personal Injuryl Property DamagelWrongful Death) Tort Asbestos (O4) 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 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 Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-PllPD/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 (1 6) 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-o1o [Rev. July 1, 2007] 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 fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accou nts) (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/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, landlord/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 (O5) Petition Re: Arbitration Award (11) 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 Officer Order Notice of AppeaI-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 Tort (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/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 EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2
