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 7:45 AM Reviewed By: R. Guillermo Case #21CV381376 Envelope: 6369004 21CV381376 CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number. mza’ addrem): JACK H‘ POGOSIAN, State Bar No.1 305741 /MANASI TAHILIANI, State Bar N0.: 272821 / CHRISTINA ARNOLD, Stats Bar N0.: 297590 / HYO JIN JULIA JUNO, State Bar N0.: 3 16090/ MELINE GRIGORYAN, State Bar No.2 321 133 / MICHAEL D. KAHN, State Bar N0.: 236898/ . State Bar N0.: /CAMRYN P. BERK. State Bar N0; 317565 MIDLAND CREDIT MANAGEMENT. INC, 350 CAMINO DE LA REINA. SUITE 100 SAN DIEGO, CA 92l08 TELEPHONE N0.: (866) 300-8750 FAX N0.: (858) 309-1588 ATTORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. FOR COURT USE ONLY SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: I91 N. FIRST ST CITY AND ZIP CODE: SAN JOSE, CA 951 13 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND CREDIT MANAGEMEN'I‘. INC. VS. MARK S OVERSON CIVIL CASE COVER SHEET Complex Case Designation Unlimited Case Limited Case D Counter D JOinde" (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 completed (see instructions on page 2) 1. Check one box below for the case type that best describes this case: Auto Tort Contract Auto (22) Breach of contract/warranty (06) D Uninsured motorist (46) g Rule 3‘740 collections (09) Other Pl/PD/WD (Personal Injury/Property D Other collections (09) Damage/Wrongful Death) Tort D msurance coverage (18)D Asoesms (04) D Other contract (37)D Product Mammy (24) Rea. PropertyD Medical malpramice (45) Eminent domain/Inverse condemnation (14) D Other PI/PD/WD (23) Wrongful eviction [33) Non-Pl/PDI'WD (Other) Tort D Other rea‘ property (26) Business tort/unfaxr busmess practice (O7) Un'awful Detainer D Civ1l rights (08) Commercia! (31) D Defamation (13) D Residential (32) D Fraud (16) D Drugs (38) D lnteHectua‘ property (19) Judicial Review D Professional negligence (25) Asse‘ fodeiture (05) D omer non.p|/PD/WD {On (35) D Petition re: arbitration award (11) Employment D Writ of mandate (02) Wrongful termmation (36) D omequdicial review (3g) D Other emmoyment (15) Provisionally Complex Civil Litigation Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) D Construction defect (10) D Mass tort (40) D Securities litigation (28) D Environmental/Toxic ton (30) D Insurance coverage Claims arising from the above listed provisionaHy complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) D Other compiaint (not specified above) (42) Miscellaneous Civil Petition Pannership and corporate governance (21) D Other petition (norspec/fied 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 a. Large number of separately represented parties d b. Extensive motion practice raising difficult or novel issues that will be time-consuming to resowe c. D Substantial amount of documentary evidence . Remedies sought (check allthatapply):a. X monetary ‘ E Large number of witnesses e, Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. D Substantial post judgment judicial supervision b. D non monetary; declaratory or injunctive relief c. punitive ‘ This case D is is not a class action suit. . If there T’elinr known related cases, file and serve a notice of related case. {You may use form CM-015.) Date: JACK H. POGOSIAN/ CHRISTiNA ARNOLD/ HYO JIN JULIA JUNG M LINE GRIGORYAN/ MICHAEL D. KAHN / QAMRYN P. BERK V 3 4. Number of causes of action (specify): ONE 5 6 MANASI TAHILIANI (TYPE OR PRINT NAME) (SIGNATURE 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, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure t0 fHe 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 Councnl of California CM-010 [Rev July 1, 2007] CA70100C} File N0.: 20760436 Cal. Rules oi Court, rules 2,30, 3.220‘ 3400-3403, 3.740; CaIA Standards of Judicial Administration, std. 3.10 CIVIL CASE COVER SHEET CM-010 INSTRUCTflONS 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 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 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 m Rule 3.740 Colflections Cases. A ”collections case" under rule 3.740 is defined as an action for recovery 0f 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 I'm 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 Tort Auto (22)--Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (Ifthe case involves an un/nsured motorist claim subject t0 arbitration, check this item instead of Auto) Other Pl/PDNVD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (O4) Asbestos Property Damage Asbestos Personal lnjury/ Wrongful Death Product Liability (not asbestos 0r 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 lnjury/PD/VVD (e.g., assault, vandalism) Intentional lnfliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-PI/PDNVD (Other) Tort Business Ton/Unfair Business Practice (O7) Civil Rights (e.g., discrimination, false arrest) (not c/v/l harassment) (08) Defamation (e.g., slander, libel) (1 3) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical or /ega/) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (O6) Breach of RentaI/Lease Contract {not unlawful detainer or wrongful eviction) Contract/Warranty BreaCh-Seller Plaintiff (not 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 (notprovis/ona/ly 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 Real Propeny (e.g., quite title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quite Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, repOIT as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (O2) Writ-Administrative Mandamus Writ-Mandamus on Limited CourT Case Matter Writ-Other Limited Coun 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- domestic 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 (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-tort/non-comp/ex) 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 CM-mo [Rev. July 1, 2007] CA_OIOOG File No.2 20-60436 CIVIL CASE COVER SHEET Page 2 of 2