Civil Case Cover SheetCal. Super. - 6th Dist.May 3, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/3/2021 1:58 PM Reviewed By: L. Imasa Case #21CV381244 Envelope: 6364083 21CV381244 CM-01O ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and addlew). The Moore Law Group APC Adam Brumage (283 1 80) Maria Bradish (288384) Don Phan-Huy (309853) Ryota Isozaki (321040) Derrick Uhri (321 161) Jeremy Kimmelman (322958) Eric Marquez (331_023)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 No.2 800'506'2652 FAX No; ATTORNEY FOR (I'Veme): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF santa Clara STREET ADDhEss;191 North First Street MAILING ADDEQESSSan JOSC CA 95 1 13 CITY AND ZIP CODE: BRANCH NAMEDowntown Superior Coun C'ASE NAME: _ Dlscover Bank v. Nazll A Choudry A CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:E Unlimitéd m Limited . (Amount (Amount E Counter D Jomder JUDGE- demanded demanded is Filed wifi'I first appearance by defendant ‘ exceeds $25,000) $25 000 or less) (Cal. Rules of Court rule 3.402) DEPT: u Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type mat best describes this case: Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) Auto Ton E V Contract Provisionally Complex Civil Litigation Auto (:22) ' D Breach of contract/Warranty (05) ' (Cal. Rules of Court, rules 1400-3403) Unins:ured motorist (46) m Rule 3.740 collections (09) E Antitrustn‘rade regulation (03) Other Pl/PDMD (Personal lnjury/Propetty E Other collections (09) E Construction defect (10)EAsbestos (04) Other contract (37) E Securities litigation (23)E PFOdet “ability (24) Real Property Environmentalrroxic tort (30)E Mediqal malpracnce (45) E Eminent domainl'nverse Insurance coverage claims arising from theE OtherPl/PDNVD (23) condemnation (14) above listed provisionally complex case Non-PI/PDA'ND (Other) Ton E Wrongful eviction (33) types (41)D Busin'ess tort/unfair business practice (07) E Other real proDefly (26) Enforcement Of‘JUdgmentD Civil rights (08) Unlawful Detainer E Enforcement ofjudgment (20)E Defarrrxation (13) Commercial (31) Miscellaneous Civil ComplaintD Fraud:(16) E Residential (32) D RICO (27)E 1ntelle2ctual property (19) D Drugs (38) E other complaint (not specified above) (42)D Profe$sional negligence (25) Judicial Review Miscellaneous Civil PetitionE Other£n°n'Pl/PDAND tat (35) E Assetforfeiture (05) E Partnership and corporate governance (21) Employmen‘t E Petiti‘m re: arbitratb" award (1 1) E Other petition (not specified above) (43)E Wrongful termination (36) E Writ of mandate (02)E Other.employment (1 5) D Other judicial review (39) 2. This case] E is m is not .complex under rule 3.400 of the California Rules of Court. lf the case is complex mark the factors reqluiring exceptional judicial. management a.D Large number of separately represented parties d.E Large number of witnesses bD EXtensive motion practice raising difficult or novel e.E Coordination with related actions pending in one or more courts issues that will be time-oo-nsuming to resolve in other counties states or countries or in a federal court c.E Substantial amount of documentary evidence f. E Substantial postjudgment judicial supervision Remedies‘sought (check all that apply): a.m monetary b.D nonmonetary; declaratory or injunctive relief c.D punitive Number of; causes of action (specify). ONE This case: E is m 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 Brumagc_ Maria Bradish_ Don Phan-Huy géte g 28 yota Isozaki_ Derrick Uhri J-eremy Kimmelm A 3 ric Marquez- Karlie D. Sch-afer (TYPE 0R PRINT NAME) . (SIGNV RE 0F PARTY 0R ATrORNEY 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 Wetfare and Institutions Code). (Cal. Rules of Court rule 3. 220.) Failure to file may result in sanctions. 0 File this co'ver sh'eet 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 Rules 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 onl. QWPS” age1 of2 Form Adopted forMandatory Use Cal, Rules ofCourt. rules 2.30. 3.220. 3,400-3‘403. 3.740: Judicial Council ofCalifomia CIVIL CASE COVER SHEET V Cal. Standards ofJJdidel Administration. std. 3.10 CM-01 0 [R ev. July 1. 2007] www. wurtinfocagov American LegalNet. Inc. www.ForrnsM/kflowoom CIVI-O1O 1 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. lf you are filing a first paper (for example, a complaint) .in a civilr case,..you must _-* compIete 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 'rterns 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 moré 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 gfiled 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 sumistated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction 'm which propertyj seNices, 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-sewice 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 complex cases only. parties must also use the Civil Case Cover Sheet to designate whether the case is complejx. If a plaintifi believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing thefappropriate boxes in items 1 and 2. If a plaintiff designatesa mse as complex, the cover sheet must be served with the complaint on a'_|l 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 oounter-designation that the case is not complex, or, ‘rf the plaintiff has made no designation, a designation that the case is complex. , Auto Tort , . Auto (22)-Personal Injury/Property Damagé/Wrongful Death Uninsured Motorist (46) (if the case in\?olves an uninsured motorist claim subject to arbitatign, check this item insteadpfAuto) Other PIIPDNVD (Personal lnjury/ Property Damage/Wrongful Death) Tort 'v Asbestos (of4) Asbestos Property Damage Asbestos Personal lnjury/ Wr'ongful Death Product Liab'ility (not asbestos or toxic/en'vironmentao (24) Medical Malpractice (45) Medical‘ Malpractice- Ph'ysicians & Surgeons Other P'rofessional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g.. slip and fall) ' lntentiopal Bodily lnjury/PD/WD (e.g.. assault. vandalism) Intentional lnfliction of Emotional Distress Neglige;nt lnfiiction of Emotional Distress Other P‘l/PDNVD Non-PIIPDNVD (Other) Tort Busin ess Tért/Unfair Business Practice (07) Civil Rights (e.g.. discrimination‘ false arljest) (not civil harassrpeno (OB) Defamation E(e.g.. slander. libel) Fraud (16) : Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not {medical or legao Other Non-Pl/PDNVD Tort (35) Employment - 'g . Wrongful Termination (36) Other Employment (15) CM-010 [Rem July 1. 2007] I7 Print This Form I 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 ContracWVarranty Collections (e.g.. money owed. open book accounts) (09) Collection Case-Seller Piaintiff 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 (1 4) 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; othen/vise, report as Commercial or Residentiao Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) - Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter . Writ-Other Limited Court Case Review - -- Other Judicial Review (39) R_eview of Health Ofiicer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET- Provislonally Complex Clvll thlgatlon (Cal. Rules of Court Rules 1400-1403) Antitrustn'rade Regulation (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) Environmentaln‘oxic Tort (30) Insurance Coverage Claims (arising fiom 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 A RICO (27) Other Complaint (not specified ' ‘ above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassmenD Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Clvll Petltlon Partnership and Corporate Governan ce (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest r - Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2 For your protecfion and privacy, please press the Clear This Form button after you have printed the form. r Clear This Form I