Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 16, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/16/2021 11:29 AM Reviewed By: Ashley Mackenzie Case #21CV381299 Envelope: 6257467 21CV381299 CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stale Bur number. and address): JACK H. POGOSIAN. Slate Bar No.1 30574] lMANASI TAHILIANI, State Bar NOA: 272821 / CHRISTINA ARNOLD, Slate Bar No.2 297590/ HYO JIN JULIA JUNG. State Bar No.1 316090/ MELINE GRIGORYAN, State Bar No.2 32] I33 / MICHAEL D. KAHN, State Bar No.1 236898/ NICHOL ALAN DE GUZMAN, State Bar No.1 314989 / CAMRYN P. BERK, Stale Bar No.2 317565 MIDLAND CREDIT MANAGEMENT, INCA 350 CAMINO DE LA REINA. SUITE 100 SAN DIEGO, CA 92108 TELEPHONE NO“' (866) 300-8750 FAX NO: (858) 309-1588 ATTORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. FOH COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 191 N. FIRST ST CITY AND ZIP CODE: SAN JOSE, CA 951 l3 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND CREDIT MANAGEMENT. INC. VS. KAREN ESQUIVEL RAMIREZ CIV|L CASE COVER SHEET Complex Case Designation D Unlimited Case Limited Case D Counter D Joinder (Amount demanded (Amount demanded Filed with first appearance by defendant exceeds $25,000) is $25,000 or less) (Cal. Rules of Court, rule 3.402) CASE NUMBER: JUDGE: DEPT: Items 1-6 below must be coMeted (see instructions on gage 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Auto (22) Breach of contracvwarramy (06) D Uninsured motorist (46) E Rule 3.740 collections (09) Other Pl/PD/WD (Personal Injury/Property D Other collections (09) DamageNVrongful Death) Tort D Insurance coverage (1 8) ASbeStOS' (0‘4') D Othercontract (37)D Product habnny (24) Real PropertyD Medical malpractice (45) Eminent domain/Inverse condemnation (14) D Other PI/PD/WD (23) Wrongful eviction (33) Non-PI/PD/wo (Other) Ton D omer real propeny (26) Business tort/unfair business practice (O7) Unlawful Detainer D Civil rights (08) Commercial (31) D Residential (32) D Drugs (38) Judicial Review Asset forfeiture (05) D Petmon re: arbitration award (11) D Writ of mandate (02) D Otherjudicial review (39) D Defamation (13) D Fraud (16) D Intellectual property (19) D Professional negligence (25) D omer non-PI/PD/WD tort (35) Employment Wrongful termination (36) D Other employment (1 5) Provisionally Complex Civil Litigation Eal. Rules of Court, rules 3.400-3.403) Antilrust/‘Trade regulation (03) D Construction defect (10) D Masston (40) D Securities litigation (28) D Environmental/Toxic ton (30) D Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement 0f judgment (20) Miscellaneous Civil Complaint RICO (27) D Other complaint {nor specified above} (42) Miscellaneous Civil Petition Partnership and corporate governance (21) D Other petition (not specified above) (43) 2- This caseD is judicial management: is not complex under rule 3.400 of the California Rules of Court. If the case is complex. mark the factors requiring exceptional Coordination with related actions pending in one or more couns in other counties, states, or countries, or in afederal coun Substantial post judgment judicial supervision c. D punitive a. Large number of separately represented parties d. Large number of witnesses b. Extensive motion practice raising difficult or novel e. issues that will be time--consuming to resolve c. D Substantial amount of documentary evidence f. 3. Remedies sought (check all that apply). a. g monetary b. D non monetary; declaratory or injunctive relief 4. Number of causes of action (specify). ONE 5. This case D is is not a class action suit. 6. If there are any knownfited cases, file and serve a notice of related case. (You may use form CM-015 ) Date: JACK H. PO OSIAN/ CHRISTINA ARNOLD/ HYO JIN JULIA JUNG MELINE GR|GORYAN/ MICHAEL D. KAHN NICHOL ALAN DE GUZMAN /D CAMRYN P. BERK (TYPE OR PRINT NAME) MANASI TAHILIANI (SIGNA ééé OF PARTY OR ATTORNEY FOR PARTY) 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, 0r 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 will be used for statistical purposes only, Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California CM-o10 [Rem July 1, 2007] CA_OIOOG File No.: 21-46767 Cal‘ Rules of Court, rules 2.30, 3.220, 3.4000403, 3.740; Cal Standards of Judicial Administration, stdv 3.10CIVIL CASE COVER SHEET 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 Sheetcontained 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 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. In complex cases only, parties must also use the Civil Case Cover Sheetto designate whether the case is complex. If a plaintiff believes the case is complex under rule 3‘400 of the California Rules of Coun, 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 Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (Ifthe case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PI/PDNVD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (O4) Asbestos Propeny Damage Asbestos Personal lnjury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDNVD (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 (O7) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (1 9) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not un/a wful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (no! 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 (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quite title) (26) Writ of Possession of Real Property Mongage Forec|osure Quite Title Other Real Property (not eminent domain, landlord/tenanl, 0r foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or ResidentiaU 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 0f AppeaI-Labor Commissioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic 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 (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Cenification 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-tort/non-comp/ex) Other Civil Complaint (non-ton/non-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence EIder/Dependent Aduit Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition CM-mo [Rem July 1. 2007] CA_OIOOG File No.: 21-46767 CIVIL CASE COVER SHEET Page 2 of 2