Civil Case Cover SheetCal. Super. - 6th Dist.March 25, 2021CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): Noel D. Hibbard SBN 226425 m“Wm°”” 2099 Lincoln Ave Ste 202 san Jose’ CA 95125 Electronically Filed TELEPHONE N0; 408-294-9100 FAX No.(0pzional): 408-645-6727 by superior court of CA, ATTORNEY FOR (Name): Plaintiff county of Santa Clara l SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara on 3/25/2021 4: 1 7 PM STREET ADDRESS: 191 N. FirstStreet . B _ D H . MAILING ADDRESS: ‘ REVlewed y. arrls CITY AND ZIP cone: San Jose.CA 95113 case #21 CV381 327 BRANCH NAME Envelope: 61 1 391 0 CASE NAME: NEELEY v. LUCERO. et al ‘ CIVIL CASE COVER SHEET Complex Case Designation CASE Nfl‘fifiv381 327 | x | Unlimited D Limited D Counter E Joinder (Amount (Amount . . . Flled wnth first appearance by defendant JUDGE;demanded demanded 'S (Cal Rules of Court rule 3 402)exceeds $25,000) $25,000) ' I - 0597.: Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil LitigationE Auto (22) E Breach of contracuwarramy (06) (Cal. Rules of Court, rules 3.400-3.403)E Uninsured motorist (46) E Rule 3.740 collections (09) D AntiWSt/T'ade regu'afion (03) Other PIIPD/wo (Personal InjuryIProperty E Other couecfions (09) E Construction defect (10)Damagelwmngfm Death) Tort E lnsmance coverage (1 8) E Mass t0“ (40)E A5b95t05- (94') E Other contract (37) D Securities litigation (28)D ”°th l'ab'my (24) Rea‘ property E EnvironmentallToxic tort (30)E Medical malpractice (45) E Eminent domainnnverse D Insurance coverage claims arising from theD Other PllPD/WD (23) condemnation (14) fybpoegegfiged prov's'onafly complex case N°"'P"PD’WD (Other) T0“ E wrongfu' eViCtion (33) Enforcement of JudgmentE Business tort/unfair business practice (07)E Other real property (26) D Enforcement ofjudgment (20)E Civil rights (03) Unlawful Detainer Miscellaneous Civil Complaint E FraUd (16) D ReSIdent'ausz) E Othercomplaint(notspecified above) (42)E Intellecmalpmpenyug) gplrzgsfsa) Miscellaneous CivilPetitionE Professionalnegligence(25) u c'a °V'9W _ - Partnershl and co crate overnance 21E Othernon-PI/PD/vvotort(35) E AssetforfelturewS) E .f’ ’p _ 9 ( ) Employment E Petitionrezarbitration award(11) E Otherpetltlon (notspectfied above)(43)E Wrongfultermination(36) E Writof mandate(02)E Other employment(15) E Otherjudicialreview(39) 2. This caseE is E is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. E Large number of separately represented parties d. E Large number of witnesses b. E Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more issues that will be time-consuming to resolve courts in other counties, states. or countries, or in a federal c. E Substantial amount of documentary evidence court f. E Substantial postjudgmentjudicial supervision 3. Remedies sought (check all that apply):a.E monetary b.D nonmonetary; declaratory or injunctive relief c.E punitive 4. Number of causes of action (specify): ONE 5. This caseE is E is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (Yo ay use fonn CM-015.) Date: March 24. 2021 _ Noel D. Hibbard M / (rYPE 0R PRINT NAME) (SIGMTURE 0F PKRTf0R ATrORNEY FOR PARTY) NOTICE 0 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. o 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. 0 Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes Olgly. age 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court. tules 2.30. 3.220. 3.40M.403. 3.740: Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration. std. 3.10 CM-O10 [Rev. July 1. 2007] www.couds.ca.gov INSTRUCTIONS 0N How To COMPLETE THE COVER SHEET CM-010 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 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 0f case listed in item 1. check the more specific one. If the case has mu1tiple 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 meney was acquired 0n credit. A collections case does not inchde 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 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 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-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 InjurylProperty DamageNVrongful Dealh Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PIIPDIWD (Personal Injury! Property DamageIWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury] Wrongful Death Product Liability (not asbestos or toxfc/environmental) (24) Medical Malpractice (45) Medical MaIpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PIIPD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily InjurylPDNVD (e.g.. assault. vandalism) Intentional lnfliction of Emotional Distress Negfigent Infliction of Emotional Distress Other PIIPD/WD Non-PIIPDIWD (Other) Tort Business TortIUnfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g.. slander. libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medica/ or legal) Other Non-PIIPDNVD Tort (35) Employment Wrongful Termination (36) Other Employmem (15) CM-010 [Rem July 1. 2007] E nrgtact! ' oryii button4:_ E i CASE TYPES AND EXAMPLES Contract Breach of ContractIWarranty (06) Breach of RentallLease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract] Warranty Other Breach of Contractharranty 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 Oiher Contract Dispute Real Property Eminent Domainllnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (9.9.. quiet title) (26} Writ of Possession of Real Properly Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain. Iandlord/Ienant, or forecfosure) 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 (11) 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 Noiice of Appeal-Labor Commissmnsr Appeals CIVIL CASE COVER SHEET 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 cf Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domesfic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Pelition/Cerfificaiion 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-complex) Other Civil Complaint {non-rorflnon-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence ElderiDependenl Adult Abuse Eleciion Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2 Print this form] | Save this form |
