Civil Case Cover SheetCal. Super. - 6th Dist.April 30, 2021Fax No (408) 362-2299 CASE NAME'ITIBANK, N A. v. JAVIER E APODACAARAGON ATTDRNEY QR pARTY WITHOUT ATTORNEY /Nsms, Stale Bsc cumbsc bed sddksss) Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 I I Keri L. Salet ¹318913 7017 Realm Dr, San Jose, CA 95119- TELEPHONE NO (800) 680-2426 ATTORNEY FOR (Nsms) Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDRESS 191 North First Street MAILING ADDRESS clTY AND ZIP CODE Sen Jose CA 95113 BRANGH NAME Downtown Superior Coun FOR COURT USE ONLY CM-010 CASE NUMBERCIVIL CASE COVER SHEET Complex Case Designation~ Unlimited DQ Limited (Amount (Amount Counter ~ Joinder 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 1-5 below must be comp/e/ed /see instructions on paoe 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Auto (22) Breach of contract/warranty (06) Uninsured Motorist (46) Rule 3.740 collections (09) Other Pl/PD/WD (Personal Injury/Property ~ Other collections (09) Damage/Wrongful Death) Tort Insurance coverage (18)~ Asbestos(04) Other contract (37) Product liability (24) Real Property Medical malpractice (45) Eminent domain/Inverse Other Pl/PD/WD (23) condemnation (14) Non-Pl/PD/WD (Other) Tort Wrongful eviction (33) Business tort/unfair business practice (07) j-j he«ea Props "7 ( ) Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Fraud (16) Residential (32) Intellectual property (19) Drugs (38) Protessfonal neghgence (25) Judicial Review Other non-Pl/PD/IND tort (35) Asset forfeiture (05) Employment Petition re. arbitration award (11) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other judicial review (39) 2. This case M is LXJ 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 b. ~ Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c. ~ Substantial amount of documentary evidence 3. Remedies sought (check a/I that app/y): a.~ monetary 4. Number of causes of action (speclfy)'I 1 5. This case ~ is HD is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may U+orm CM-0/5) Date: April 28, 2021 ISIUNATURE OF PARTY OR ATTORNEY FOR PARTY) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Secuntfes lftfgatfon (28) Environmental/Toxic tort (30) Insurance coverage claims ansfng fram the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Misceffaneous Civil Complaint RICO (27) Other complaini (nof specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (nof specf//ed above) (43) d. ~ Large number of witnesses e. ~ Coordination and related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. M Substantial postjudgment judicxal supervision b. M nonmonetary; declaratory or injunctive relief c.H punitive Form Adopted for Mandatory Uss Judidsf Council of California CM-010 IRsv July I, 2007l 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 shall be used for statistical purposes only. Page I of 2 CIVIL CASE COVER SHEET Csl RulsscfCcurt rulss230,3220,3400-3403,3740,Csl Sfscds de of Judhusl Administration, sfd 310 www ccumcfc cs gcs 1438481.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/30/2021 3:03 PM Reviewed By: R. Guillermo Case #21CV381239 Envelope: 6355645 21CV381239 C IIII-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 C/v// Case Cover Shee/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, /ts 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 rn 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 identrftcation of a case as a rule 3.740 coffect/ons case on this form means that it wrff 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 plaintift believes the ca e 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 ail parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff'0 designation, a counter-designat/on thai the case is not complex, or, if the plamt/ff has made no designation, a designation that the case is complex Auto Tort Auto (22)-Personal Iniury/Property Damage/Wrongful Death Uninsured Motorist (46) (I/the case /nvo/ves an uninsured moionsi claim sub/eel io arbitration, check this item instead of Auto) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Inlury/ Wrongful Death Product Liability (no/asbestos or ioxic/envrronmeniai) (24) Medical Malpractice (45) Medical Malpractice- Physic/ans & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Prem/ses Liabxity (e.g., slip and fall) Intentional Bodrly Inlury/PD/WD (e.g., assault, vandalism) Intentional Infhction of Emotional D/stress Negligent Infliction of Emotional Drstress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civg Rights (e g, discnmmation, false arrest) (noi crvff harsssmeni)(08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professronai Negligence (25) Legal Malpractice Other Professional Malpractice (noi medhcei or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-010 Inev Juiy I, 2007I CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental(Lease Contract (noi unlawful de lerner or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (noi fraud or neglrgence} Negligent Breach of Contracr/ Warranty Other Breach of Contract/Warranty Coilectrons (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (nor provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Drspute 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 (noi eminent domain, landlord'ienani, or /oreciosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (Ji the case involves r//ega/ drugs, check this item; otherwise, repori as Commerc/0/ or Res/deni/a// Judicial Review Asset Forlerture (05) Petition Re. Arbitration Award (11) Wnt ot Mandate (02) Wnt-Administrative Mandamus Wnt-Mandamu on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Revrew of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rule 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involwng Mass Tort (40) Secunties Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Cia/ms (arising from provisionally complex case type /rs/ed above} (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County} Confession of Judgment (non- domesi/c re/a//ons/ Sister State Judgment Administrative Agency Award (no i unpaJd taxes) Petition/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not spea//ed above/(42) Declaratory Relief Only Intunctrve Rebef Only inon- hsrassmeni/ Mechanics Lien Other Commeraal Complaint Case (non-Ior//non-comp/ex) Other Civil Complaint (non-Iorf/non-comp/ex/ Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Pektion (noi specified abave)(43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Rekef from Late Claim Other Cwg Petrtion Pege2 of 2 1 438481.001
