Civil Case Cover Sheet

Cal. Super. - 6th Dist.March 25, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEYIName, Stale Bar number and address) John V. Mejia, Esc(. 167806 SCRANTON LAW FIRM 2450 STANWELL DRIVE CONCORD, CA 94520 TELEPHoNENo.. (925) 602-2727 FaxNo.. (925) 676-9999 ATTORNEYFOR(Name/i Plairt'ti f f Dctvid Linares supERioR couRT OF caUFoRMa, couNn oF Santa Clara STREETADDRESS: 191 North First Street MAILING ADDRESS. OITYANDzipcoDE:San Jose, CA 95113 BRANOHNAME.Unlimited Civil Jurisdiction CASE NAME: Linares v. Kalinowski FOR COURT USE ONLY CM-010 CIVIL CASE COVER SHEET Complex Case Designation [Q 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 32402) Items 1-6 be/ow must be comp/efed (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 collections (09)Other Pl/PD/WD (Personal Injury/Property ce coverage (18)InsuranDamage/Wrongful Death) Tort m w m m Asbestos (04) Product liability (24) Real Property Medical malpractice (45) ~ Eminent domain/Inverse Other PI/PD/WD (23) condemnation (14)~ Wrongful eviction (33)Non-Pl/PD/WD (Other) Tort ~ Other real property (26)Business tort/unfair business practice (07) Civil rights (08) Unlawful Detainer Defamation (1 3) Commercial (31) Fraud (16) Residential (32) Intellectual property (19) ~ Drugs(38) Professional negligence (25) Other non-Pl/PD/WD tort (35) Judicial Review Asset forfeiture (05) Employment Petition re: arbitration award (11) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other judicial review (39) CASE NUMBER: JUDGE'EPT on page 2). 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 arising from the above listed provisionally complex case types (41) Enforcement of Judgment~ Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (no/ specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (noi specified above) (43) 2. This case ~ is j2Ljj 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. ~ Large number of separately represented parties d. ~ Large number of witnesses b. ~ Extensivemotion practiceraisingdifficultornovel e. Pg Coordinationwithrelatedactions pending inoneormorecourts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. ~ Substantial amount of documentary evidence f. ~ Substantial postjudgment judicial supervision 3. Remedies sought (checka//that app/y): a. ~ monetary b. ~ t d I t ' t' relief c ~ punitive 4. Number of causes of actjon~secify)r ONE 5. This case ~ is ~ is not a class action suit. 6. If there are any known related cases, file and serve a notice of re „„-&he lz z-~ JIO)-IN V Ivlp'„TT A R8O (TYPE OR PRINT NAME) d y result serve a copy of thts cover sheet on all I be used for statistical purposes only. Page 1 of 2 NOT e Plaintiff must file this cover sheet with the first paper filed in the under the Probate Code, Family Code, or Welfare and Institution in sanctions. ~ File this cover sheet in addition to any cover sheet required by lo ~ If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must other parties to the action or proceeding. ~ Unless this is a collections case under rule 3.740 or a complex case, this cover sheet wil Form,AdoPled for Mandatoff Use v f fn EesentialJudicial Council of California CM-Ol0 tRev. Jutv I, 20071 B f3FOrma. CIVIL CASE COVER SHEET Cal Rules of Court rules 230, 3.220, 3M00-3,403 3740; Cel Standards of JuCiodt Adm'inistfation, std 3.10 vnvo coudin'fo.ca.gov Linares v. Kalinowski Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/25/2021 5:52 PM Reviewed By: D Harris Case #21CV381329 Envelope: 6114972 21CV381329 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET C II/I-01 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 of cases ftled. 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 325,000, 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 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 fife 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. CASE TYPES AND EXAMPLES Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject lo arbitration, chec/r this item instead of Auto) Other Pl/PD/WD (Personal injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not ashes/os or toxic/environmenlal) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/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., discrimination, false arrest) (nol civil harassment) (08) Defamation (e.g., slander, libel) (1 3) Fraud (16) Integectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (nol medical or legal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM.O10 IRRx Jvlr 1, 200/I r'r n Eeeentlalx LD rvb,corn JgFOrma Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful deiainer or wrongful eviction) ContractNVarranty Breach-Seller Plaintiff (noi fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of ContracVWarranty Collections (e.g., money owed, open book accounts)(09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (nol provisiona//y complex) (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 Property Mortgage Foreclosure Quiet Title Other Real Property (nol eminent domain, landlord/tenenl, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this i/em; o/henvise, report as Commercial or Residenliai) 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 Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 0) 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 re/e/ionsj Sister State Judgment Administrative Agency Award (nol unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (noi specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-torVnon-comp/ex) Other Civil Complaint (non-torl/non-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (nol 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 Pvav 2 of 2 Linayes v. Kalinowski