Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 30, 2021

San Jose CA S5113 Downtown Supsnor Court CASE NAME: Capital One Bank (USA), N.A. v. BRUCE 8 BYRD ATTORNEY OR PARTY WITHOUT ATTORNEY (Nama, Siaia Rar number, and address) Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 j j Keri L. Salet 4318913 7017 Realm Dr., San Jose, CA 95119 TELEPHONE Na (800) 680-2426 FAx No (408) 362-2299 ATTORNEY FOR (Nama/ Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAiLING ADDRESS CITY AND ZIP CODE BRANCH NAME FOR COURT USE DNL 7 CII-010 CASE NUMBERCIVIL CASE COVER SHEET Complex Case DesignationM Unlimited ~ Limited (Amount (Amount 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 -6 below must be comp/cled (see instructions on pape 2). 1. Check one box below for the case type that best describes this case: Auto Tort Conti'act Auto (22) Breach of contract/warranty (06) Uninsured Motorist (46) Rule 3.740 collections (09) Other Pl/PD/WD (personal Injury/property j- j 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 ton/unfair business practice (07) Other real ro ert !261 Civil nghts (08) Unlawful Detainer Defamation (13) Commercial (31) Fraud (16) Residential (32) Intellectual property (19) Drugs (38) Professional negligence (25) Judicial Review Other non-Pl/PD/WD 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 LJ is LXJ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requinng exceptional judicial management: a. ~ Large number of separately represented parties b. ~ Extensive motion practice raising difficult or navel issues that will be time-consuming to resolve c. ~ Substantial amount of documentary evidence 3. Remedies sought (check a/I Iha(apply): a. DQ monetary 4. Number of causes of action (specify): 1 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 case. (You may use farm GM-015) Date. Apnl 23, 2021 (SIGNAT URE 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) Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims ansing from the above Sated provisionally complex case types (41) Enforcement of Judgment Entorcement of judgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (no(specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (not specified 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 judicial supervision b. ~ nonmanetary; declaratory or injunctive relief c.~punitwe Ken L. Salet ¹318913 (TYPE OR PRINT NAME) Fc m Adopted for Mandatory Usa Jud ctal Ccucctl of Califcrc a DM-010 [Rav July I, 2007I 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 c(2 CIVIL CASE COVER SHEET Cal Rulasc(Ccuri, rulss230 3220 3400-3403,3740,Cal Standards of Judhaal Adm is(ra(an, sid 370 www coun ii/4 ca gov 1367541.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/30/2021 3:03 PM Reviewed By: R. Guillermo Case #21CV381253 Envelope: 6355647 21CV381253 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 hrst paper, the Civil Case Cover Shee/contained on page 1. This information will be used to compile statistics about the types and numbers of cases fifed. You must complete items 1 through 6 on the sheet. In item I, you must check one box for the case type that best descnbes 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 ind/cates 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 altorney'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-serwce requirements and case management rules, unless a defendant hles a responsive pleading. A rule 3.740 collections case will be subiect 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 behaves the case is complex under rule 3 400 of the California Rules of Court, this must be indicated by completmg 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 designation, a counter-designatii.n 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 Inlury/Property Damage/Wrongful Death Uninsured Motonst (46) (i/ the case involves an uninsured motorist claim sub/sct to srbi/ration, check this item instead of Auto) Other PVPD/WD (Personal Injury/ Property Damage/Wrongful Death) Ton Asbestos(04) Asbestos Property Damage Asbestos Personal Iniury/ Wrongful Death Product Liability (no/ asbestos or iaxic/environments/) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liabikty (e g., slip and fall) Intentional Bodily Inlury/PD/WD (e.g, assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discnmination, false arrest) (nat crvd harassment)(08) Defamation (e g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negkgence (25) Legal Malpractice Other Professional Malpractice (nai medica/ or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) Cu.ai 0 [Rev July I, 20ayi CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (nor un/sw/u/ detainer or wrongful eviction) ContracuWarranty Breach-Seller Plaintiff (nai fraud or neg/igencs) Negkgent Breach of Contract/ Warranty 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 /no/ provisions//y comp/ex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual 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 Properly Mortgage Foreclosure Quiet Title Other Real Property (no/ eminent domain, landlord/tenant, ar foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) /i/the case/nvolves illegal drugs, check this item, otherwise, report as Commsrc/s/ or Residential) Judicial Review Asset Forfeiture (05) Petition Re. Arbitration Award (11) Wnt of Mandate (02) Wnt-Administrative Mandamus Wnt-Mandamus on Limited Court Case Matter Wnt-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 Rule 3A00-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (easing from provisionally complex case type listed abave) (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 /na/ unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (nor specified above) (42) Declaratory Relief Only Iniunctive Rekef Only (nan- harsssmsnl) Mechanics Lien Other Commercial Complaint Case (nan-iarf/nan-comp/ex) Other Civil Complaint /nan-iart/non-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (nof 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 Page 2 of 2 1367541.001