Civil Case Cover SheetCal. Super. - 6th Dist.May 3, 2021CM-O1O _ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Richard L. Mahfouz ||, Clerkin & Sinclair, LLP, Bar #246739 530 B Street, 8t“ Floor, San Diego, CA 92101 (619)308-6550 (519)923-3143 Electronically Filed TELEEHONE NO: State Farm MutuaIAutomobile InsugfieNCégmpany by superlor court Of CA’ SSLTEORRIEERYgglRJgjgiCALIFORNIA COUNTY OF SANTA CLARA r‘ounty Of santa Clara, STREET ADDRESS: 191 North First Street on 5/3/2021 2'01 PM I MAILING ADDRESS; San Jose, CA 95113 ReVIewed By: Ashley Mackenzue :CITY AND ZIP CODE: case #21 CV381 248 BRANCH NAME: Santa Clara County Superior Court-Downtown Superior Court "velope: 6364209 CASE NAME: State Farm Mutual Automobile Insurance Company v. Soheil Shababi, and Does 1-40, inclusive CIVIL CASE COVER SHEET Complex Case Designation CASENUMBER:E Unlimited E | Limited _ _ 21 cv381 248 (Amount (Amount E Counter E Jomder 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 mstrucfions on page 2). ‘l. Check one b'ox below f'or th'e' Case type that best describes thi‘s case: Auto Tort Contract. Provisionally Complex Civil Litigation _E Auto (-22) E Breach Ofcontr-acwarranty (05) (Cal. Rules of Court, rules 3.400-3403) Uninsured motorist'.(46) E R'ule 3.740 collections (09) AntitrustlTrade regulation (03) Other PIIPDIWD (Personal InjurylProperty- Other collections:(09) DamageflNrong‘ful Death) Tort Asbestos (04) Product liability (24) Construction defect (:1'0') Mass tort (40) Securities .Iitigation (28) EnvironmentalfToxic tort ('30) Insurance coverage (18) Oth er contract'.(37) Real Property DDDDDD medical malpraCtice (:45) D Eminent domainflnVerse Insurance coverage dlaims arising from theE Other PIIPDNVD (23) condemnation (14) above listed provisionally complex case Non-PUPDNVD (Other) Tort E Wrongful eviction ('33-) types (4”E Business tom’unfair business practice (07) E Other real pmpe'ty (26) Enforcement 0f J'UdgmentE Civil rights (03') Unlawful Detainer E Enforcement ofjudgment (20)E Defamation (13) E CommerCia|'(-3'1) Miscellaneous Civil ComplaintE Fraud (16) E Residential;(32) E Rlco (27):E Intellectual propefiyfl 9) E DFIUQS (33) E Other complaint. (not speCffied above) (42)E Pr°f355i°nal negligence (.25) Ju'diCial RieView Miscellaneous Civil PetitionE Other n-On'PVPDi'WD t0“ (35) E Asset forfeiturems) Partnership and corporate governance (21) Emp|oyment E Petition re": arbitration awardj(11) E Other petition (not_specjfied above) (43)E Wrongful termination (36) E Writ of mandate (.02)E Other employment (15)’ D Otherjudicial review (39) 2. Thi‘s case E is m is not complex un‘der rule 3.400 Of the California Rules 0f Court. If the case. i's complex, mark the factors requiring exceptional judicial management: a‘D Large number of separately represented "parties d.D Large number 0f witnesses b.D Extensive motion practice raising difficult or novel e.D Coordination With related actions pending in one or morecourts issues that will be time-consuming t0 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 sciught (check all that apply): afimonetary hm nonmonetary; declaratory 0r injunctive relief C.E punitive. 4. Number 0f causes 0f action (specify): 1 for subrogation 5. Thi‘s case E is is not a classaction suit. 6-. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: 5/3/2021 RiChard L. Mahfouz II ’ flgfiifl/ cg“ myffifl (TYPE 0R PRINT NAME) (SIGNATUREOF PARTY .OR ATTORNEY FOR PARTY) NOTICE I Plaintiff must file this cover sheet With the first paper filed in the action or proceeding (except small claimscases-or cases filed und'e-r the Probate Code, Family Code, 0r Welfare an‘d Institutions Code). (Cal. Rules of Court, rule 3.220..) Failure to 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 th'e' California Rules of Court, you must serve a” copy of thi‘s cover sheet on all other parties t0 the action 0r proceeding. I Unless this is a collections case under'rule 3.740 or a complex case, this cover sheet Will be used for statistical purposes onFy age'1 of2 Form Adopted for Mandatory Use. _ - ' Cal. Rules 0f Court. rules 2.30. 3.220, 3.400-3.403.'3.740; JudiciaI-Council OfCalifomi-a CIVIL CASE COVER SHEET CaLStandards ofJUdicial Administration, std. 3.10 CM-010 [Rev. July 1, 2007] www.coum'nfocagov Amen'oan LegalNet, Inc. aaaaaaaaa EnrmhlAhrf/anuu nnm CM-O1 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 0 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 0f 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. Jn 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 I's 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 Tott Auto (22)-F’ersonal Injury/Propelty Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject Io arbitration, check this item instead ofAuto) Other PIIPDIWD (Personal Injury! Property DamageiWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury! Wrongful Death Product Liability (no! asbestos or roxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PIIPDNVD (23) Premises Liability (e.g.. slip and fall) Intentional Bodily lnjurylPDIWD (e.g., assault. vandalism) Intentional lnfliction of Emotional Distress Negligent Infliction 0f Emotional Distress Other PI/PDNVD Non-PIIPDIWD (Other) Tort Business TorUUnfaI'r Business Practice (07) Civil Rights (3.9.. discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander. libe!) (1 3) Fraud (1B) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-om [Rem July 1. 2007] CASE TYPES AND EXAMPLES Contract Breach of Contractharranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contractharranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g.. money owed. open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory NotelCollections Case Insurance Coverage (not provisionafly complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse 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 (nor 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 (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) 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) AntitrustlTrade Regulation (03) Construction Defect (1 O) Claims Invoiving Mass Tort(40) Securities Litigation (28) EnvironmentallToxic 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 (nan- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) PetitionlCer‘tification 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-fort/non-complex) Other Civil Complaint (non-torVnon-camplex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence ElderlDependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 uf 2
