Civil Case Cover Sheet

Cal. Super. - 6th Dist.May 4, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/4/2021 7:40 AM Reviewed By: R. Guillermo Case #21CV381371 Envelope: 6368983 21CV381371 CM-01 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number, cmd address): FOR COURT USE ONLY JACK H. POGOSIAN, State Bar N0; 305741 / MANASI TAHILIANI, State Bar No.: 272821 / CHRISTINA ARNOLD, State Bar N0.: 297590 / HYO JIN JULIA JUNG, State Bar No.1 316090/ MELINE GRIGORYAN, State Bar N0.: 321 133 / MICHAEL D. KAHN, State Bar N0.: 236898/ CAMRYN P. BERK, State Bar N0.: 317565 MIDLAND FUNDING LLC 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 TELEPHONE NO; (866) 300-8750 FAX N0.: (858) 309-1588 AWORNEY FOR (Name): MIDLAND FUNDING LLC SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 191 N, FIRST ST CITY AND ZIP CODE: SAN JOSE, CA 95113 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND FUNDING LLC VS. ASHLEY ADKINS CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: D Unlimited Case g Limited Case D Counter D Joinder (Amount demanded (Amount demanded Filed with first appearance by defendant JUDGE: exceeds $25,000) is $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: 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 Litigation D Auto (22) D Breach of contract/warranty (06) Eel. Rules of Court, rules 3.400-3.403) D Uninsured motorist (46) g Rule 3.740 collections (09) AntitrUSt/Trade regma‘ion (O3) Other Pl/PDNVD (Personal Injury/Property D Other collections (09) D O°“Stru‘3‘ion date“ (1O) DamageIWrongful Death) Tort D Insurance coverage (18) D Mass tort (40)B ASDGStOS (04) D Other contract (37) D Securities litigation (28)D Product liability (24) Rea, property D Environmentalrroxicton (30)D Madica' malprac‘ice (45) Eminent domaqn/mverse condemnation (14) D Insurance coverage claims arising from theD Other pl/pD/WD (23) Wrongful eviction (33) above listed provisionally complex case Non-PIIPDNVD (Other) Tort D Other real property (26) types (41) Business tort/unfair business practice (07) Unlawful Detainer Enforcemem Of JIUdgmem D CW” fights (08) D Commercial (31) I Enforcementof‘Juflgment (20). D Defamation (13) D ReSidemial (32) Miscellaneous CIVII Complaint[JnmoenD FraUd (15) D Dmgs (38) D Other complaint (notspec/fied above) (42)D Intellecwal pmperty (19) JUdiCial ReView Miscellaneous Civil PetitionD Pr0f955i0n3| negligence (25) Asset forfeiture (05) D Partnership and corporate governance (21)D Other "OH'PVPD/WD 10” (35) D Pe‘mo” re: arbitration award (11) D Other petition {notspec/fied above) (43) Employment D Writ of mandate (02) wrongfu' terminatiO“ (36) D Otherjudicia‘ review (39)D Other employment (15) , 2- This caseD is is not complex under rule 3.400 ofthe California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented panies d. Large number of witnesses b. Extensive motion practice raising difficult or novel 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. D Substantial post judgment judicial supervision Remedies sought (check allthatapp/y):a. E monetary b. D non monetary; declaratory or iniunctive relief c. D punitive Number of causes of action (specify): ONE This case Dis is not a class action suit. . If there are any now rel ted cases, file and serve a notice of related case. (You may use form CM-015.) D te: \4 \ fl 7 JACK H. POGOSIAN/ CHRISTINA ARNOLD/ HYO JIN JULIA JUNG MELINE GRIGORYAN/ MICHAEL D. KAHN CAMRYN P. BERK >\ (TYPE 0H PRINT NAME) V (SIGMURE OF PARTY 0R 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, 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. - If this case is complex under rule 3.400 e1 seq. of the California Rules of Coun, 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. 0‘9“.“99 MANASI TAHILIANI nge1of2 Form Adopted ior Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3220, 1400-3403. 3 740;Judicial Council of California Cal. Standards oi Judicial Administration, std. 3‘10 CM701O [Rev July 1, 2007] CA70100CI File N0.: 18-277447 CM-010 INSTRUCTIONS ON HOW T0 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 counseI, 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 0f 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 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 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 Tor! 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 0f Auto) Other PI/PDNVD (Personal lnjury/ Property DamageNVrongful Death) Tort Asbestos (O4) Asbestos Property Damage Asbestos Personal lnjury/ Wrongful Death Product Liability (not asbestos or toxiC/env/ronmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent lnfliction of Emotional Distress Other PI/PD/WD Non-PI/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 (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentaI/Lease Contract (not unlawful detainer 0r wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach 0f Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-SeHer Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (1 8) 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 Properly Mortgage Foreclosure Quite Title Other Real Property (not eminent domain, landlord/tenanz‘, 0r foreclosure) 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 (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 of AppeaI-Labor Commissioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 O) 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- domest/‘c relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (notspecified 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-tort/non-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not 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 CM-mo [Rev. July 1, 2007] CA_OIOOG File No.2 18-277447 CIVIL CASE COVER SHEET Page 2 of 2