Civil Case Cover Sheet

Cal. Super. - 6th Dist.March 26, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/26/2021 11:01 AM Reviewed By: D Harris Case #21CV381336 Envelope: 6118644 21CV381336 CM-010 ATTORNEY R PARTY HOUT ATT RNEY (Nam State Bar number, and address): FOR COURT USE ONLY-Osmun80 Argu‘gfio, Esq. gBN: (32%154) MICHAEL & ASSOCIATES, PC 555 St. Charies Drive, Suite 204 Thousand Oaks, CA 9] 360 TELEPHONE No; (805) 379~8505 FAX No.: (805) 379-8525 ATTORNEY FOR (Name): American Express National Bank, Successor by Merger Io American Express Bank. FSB SUPERIOR COURT oz: CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: cITv AND ZIP cons: San Jose, CA 951 13 BRANCH NAME: Downtown Superior Court CASE NAME: AMEX vs. Lebrun, et a1. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: Unlimited C] Limited , (Amount (Amount E Counter a Jomder JUDGE.demanded demanded is FiFecE with first appearance by defendant ‘ exceeds $25,000) $25,000 or less) (Cal. Rules of Court, ruEe 3.402) DEPT: Items 1-6 below must be completed (see instructions on page 2). 1. Check one box beiow for the case type that best describes this case: Auto Tort Contract Provisionaily Compiex Civil LitigationE Auto (22) Breach Ofcomracuwanamy (05) (Cal. Rules ofCoun, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other PIIPDIWD (Personal lnjurylProperty Other collections (09) Construction defect (1 0) DamagefWrongful Death) Tort msurance coverage (1 8) Mass ton (40) Asbestos (G4) DDHDD DDUDUD _ H Othercontract(37) Securitieslitigation(28) PmdUCt i'ab'my (24) Real Property Environmental/Toxic tort (30) Med’calmaipract'cemm [:3 Eminemdqmain/Werse Insurance coverage claims arisingfromthe [:1 OtherPUPD/WDQS) condemnation (14) abovelisted provisionally comptex case Non-m/Po:wo(omernon D Wrongfuleviction(33) typesm)E Businesstownnfairbusiness practicum) D Otherrealpropenyae) Enforcement ofJudgment [:3 Civilrights(08) UnlawfulDetainer E Enforcementofjudgment(20) [j Defamation(13) E C0mmer€ial(31) Miscellaneous CiviIComplaintD Fraudue) D Residential(32) E Rlcom)E Intellectuanpropeny (19) D DrUQS(38) Othercomplaint(notspecm‘ed above) (42)D Professional negligence(25) Judicial Review. Miscellaneous CM; PetitionD Other non-PI/PD/WD tort (35) D Asset forfeumre (05) n . I Partnership and corporate governance(21) Employment D Pem'°"'eiarb'”a"°“ awa’dm) D Otherpetition(notspecifiedabove)(43)E Wrongfultermination(36) E Writofmandate(02)D Other employment (15) E Otherjudicial review (39) 2. This case D is is not complex under rule 3.400 of the California Rules of Court. Ef the case is comptex. mark the factors requiring exceptional judicial management: a.a Large number of separaleiy represented parties d.D Large number ofwitnesses b.a Extensive motion practice raising difficult or novel e.E Coordination with related actions pending in one or more courts issues that will be time~consuming to resolve in other counties. states, or countries. or in a federal court c.D Substantial amount of documentary evidence f. E Substantial postjudgmentjudicial supervision 3 Remedies sought (check all thatapply): a.- monetary hm nonmonetary; deckaratory or injunctive retief c. Dpunitive 4. Number of causes of action (specify): Two (2) 5. This case [:3 is is not a class action suit. 6. If there are any linewn related cases, file and serve a notice of related case. (You may u Date: March 2%, 2021 Osmundo Arguello, Esq. SBN: (323 1 54) (TYPE OR PRINT NAME) form CM-015.) (SEGNATURE OF P EY FOR PARTY) NOTICE o Piaintéff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed underthe 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. - Ef 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 t0 the action or proceeding. o Untess this is a coliections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes on! . 1 f2age o Form Ado t df M d z U e Cal. Rules ofCoud. rules 2.30.3220. 3.400.3‘403, 3.740; Judiciatpceoun‘gl c?c‘taaliggflas CIVIL CASE COVER SHEET Cal, Standards ofJudiciaI Administrafion, std. 3.10 CM-O1O [Rem July 1. 2007} www.coudinfo‘cavgov LexisNexis® Aulomated California Judicial Council Forms CM-010 INSTRUCTIONS 0N 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 Sheet contained on page 1, This information will be used to compile statistics about the types and numbers of cases flied, You must complete items 1 through 6 on the sheet ln item 1, you must check one box for the case type that best describes the case Ifthe 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 ofthe cases that beIong 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 ruies 2.30 and 37220 0f the California Rules of Court. To Parties in Rule 3.740 Coliections 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 0n credit A collections case does not include an action seeking the following: (1) ton 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 ruie 3.740. To Parties in Complex Cases. In complex cases only, panies must also use the Civil Case Cover Sheet t0 designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the CaIifomia Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2‘ 1f a p|aintiff 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)wPersonal Injury/Propeny Damage/Wrongful Death Uninsured Motorist (46) (ifthe case involves an uninsured motorist ciaim subject to arbitration, check this item instead ofAuto) Other PI/PDIWD (Personal Injury] Property DamagefWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal lngury/ Wrongfuf Death Product Liability (not asbestos or toxic/environmental) (24) Medicai Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Heaith Care Maipraciice Other PI/PDNVD (23) Premises Liability (e.g., slip and fall) Intentionaf Bodily Injury/PDNVD (e.g., assault vandalism) Intentionai Infliction of Emotional Distress Negligent lnfliction of Emotional Distress Other Pl/PDNVD Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (3.9., 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 medical or legal) Other Non-PI/PD/WD Ton (35) Employment Wrongfui Termination (35) Other Emptoyment (1 5) CM-D7O [Rev July I 2007] CASE TYPES AND EXAMPLES Contract Breach of ContracUWarranty (06) Breach of Rental/Lease Contract (no! unlawful detainer or wrongfu! eviction) Contract/Warranty Breach-Seuer Plaintiff (nor fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e‘gq money owed, open book accounts) (09) Colleciion Case-Seller Plaintiff Other Promissory Note/Coilections Case Insurance Coverage (notprovisional/y complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/inverse Condemnation (14) Wrongful Eviction (33) Other Rea: Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, Iandlord/tenant, or foreclosure) Uniawful 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 Coun Case Matter Writ-Other Limited Court Case Review Other Judiciai 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 3400-3403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Invoiving Mass Tori (40) Securities Litigation (28) Environmentai/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 refatfons) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscetlaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only lnjunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-torr/nonflcompfex) Other Civil Complaint (non-torr/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2 1.e.\'r's.c\"e,1'1.s<'l3) .Alwomalea' C"{1!{fbmza Judmuf (f'aunc'lf Forms