Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 2, 2021

San Jose CA 95113 Downtown Supenor Court CASE NAME: Portfolio Recovery Assomates, LLC v. MAPILITA SULIT ATTORNEY OR PARTY WITHOUT ATTORNEY /Name, Slate Bar number acd address) Hunt & Henriques, Attorneys at Law Donald Shernll ¹266038 j j Keri L. Salet ¹318913 7017 Realm Dr., San Jose, CA 95119 TELEPHONE No (800) 680-2426 Fax No. (408) 362-2299 ATTQRNEY FQR /Name) 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 y Clill-010 CASE NUMBER JUDGE DEPT on paqe 2). Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3i¹0-3.4403 Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims anslng from the above listed provisionally complex case hoes (41) Enforcement of Judgment Enforcement of )udgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (nof specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (nof specified above/ (43) of Court. If the case is complex, mark the 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. ~ Substantial post)udgment Iudlclal supervision b. ~ nonmonetary, declaratory or injunctive rehef c.~ punitive CIVIL CASE COVER SHEET Complex Case Designation~ Unlimited QQ 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) Items I -6 below must be completed (see instructions 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 C3 Other Pl/PD/WD (23) condemnation (14) Non-Pl/PD/WD (Other) Tort Wrongful eviction (33) Other real property (26)Business tort/unfair business practice (07) Civil rights (08) Unlawful Detainer Defamation (13) Commeraal (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) Wnt of mandate (02) Other employment (15) Other judicial review (39) 2. This case LJ is LXJ ls not complex under rule 3.400 of the California Rufes 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 apply): a.~ monetary 4. Number of causes of action (specify): 1 5. This case ~ is DO ls not a class action suit. 6. If there are any known related cases, file and serve a notice of related case (You Date: March 15, 2021 Keri L. Salet ¹318913 (TYPE OR PRINT NAME) (SIGN/(TURE OF PARN 0 ATTORNEY FOR PARTY) Form Adopted lcr Mandatory Uee Jcdhoal Ccccol of Cal (erma OM-010 (Re4 July I, 200TI NOTICE ~ Plaintiff must file this cover sheet with the first paper flied 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 ln addition to any cover sheet required by local court rule. ~ If this case ls 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 Cal RulesclCourt, rules230,3220.3400-3403,3240,cal standards of Jcdicha) Adm ~is(ra(ice, ctd 3 10 www ccvrl cfc ce gcv 1434597.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/2/2021 12:45 PM Reviewed By: Ashley Mackenzie Case #21CV381287 Envelope: 6163646 21CV381287 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 first 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 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 prowded 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 sublect 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 defmed 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 mclude 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 serwce and obtaining a Iudgment 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 alf 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)-Personal Iniury/Property Damage/Wrongful Death Uninsured Motonst (46) (i/ the case involves an uninsured mo/orisr claim sub/ect to arbi/ra/ion, check this item instead af Auto) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Iniury/ Wrongful Death Product Liability (no/ashes/as or /ax/c/en vironmen/a/) (24) Medical Malpractice (45) Medical Malpractice- Physioans & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liabihty (e g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandahsm) Intentional fnfhction of Emotional Distress Negligent Infhction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tart Business Tort/Unfair Business Practice (07) Civil Rights (e.g, discrimination, false arrest) (not civil harassmsn/)(08) Defamation (e.g., slander, libel) (13) Fraud (16) Integectuai Property (19) Professional Neghgence (25) Legal Malpractice Other Professional Malpractice (rrot medica/ or legs/) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-Cia Iaev July i 2aayl CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rentah'Lease Contract (noi un/aw/u/ detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintif (na/ 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 Note/Collections Case Insurance Coverage (no/provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute RealProperty Eminent Demain/Inverse Condemnation(14) Wrongtul Eviction (33) Other Real Property (e g., quiet title) (26) Wnt of Possession of Reaf Property Mortgage Foreclosure Quiet Title Other Real Property (nat eminent domain, landlord/tenant, or /arecrosure) Unlawful Detainer Commeroal (31) Residential (32) Drugs (38) (i/ the case irrvo/ves i//ega/ drugs, check this item; otherwise, report as Commercial or Res/dentia/) Judicial Review Asset Forfeiture (05) Petition Re. Arbitration Award (11) Wnt of Mandate (02) INnt-Administrative Mandamus Wnt-Mandamus on Limited Court Case Matter Wnt-Other Limited Court Case Review Other Judioal 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 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Secunties Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arrsing fram provisionally comp/ex case lype listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic re/ations) Sister State Judgment Administratwe 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 (no/ speci/ied above) (42) Declaratory Relief Only Iniunctive Relief Only (nan- harassment) Mechanics Lien Other Commeroal Complaint Case (nan-tort/non-complex) Other Civil Complaint (nan-/art/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (no/spec///ed above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest petition for Name Change Petition for Rehef from Late Claim Other Civil Petition Page 2 of 2 1434597.001