Civil Case Cover SheetCal. Super. - 6th Dist.May 4, 202121CV381382 Electronically filed by Superior Court of CA, County of Santa Clara, on 5/4/2021 8:31 AM Reviewed By:R. Guillermo Case #21CV381382 Env #6369277 CM-010 ATTORNEY 0R PARTYWITHOUT ATTORNEY (Name. slate barnumber, and address): FOR COURT USE ONLY Brian N. Winn (SEN 86779) Jacky P. Wang (SBN 222464) Jason M. Burrows (SEN 309882) Ami: Taneja (SBN 304559) Grace Gail Esse (SEN 315558) WINN LAW GROUP, A PROFESSIONAL CORPORATION 110 E. Wilshire Ave. Ste. 212 Fullerton CA 92832 TELEPHONE NO.: (714) 446-6686 FAX N0.: (714) 446-6680 File No: 21-00268-O-PLZ-JPG(0559-00) ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: Superior Court 0f California 191 North First Street MAILING ADDRESS: Superior Court Of California 191 North First Street - CITY AND ZIP CODE: SAN JOSE CA 95113-1001 BRANCH NAME: SAN JOSE DISTRICT. LIMITED CASE NAME:PLAZA SERVICES, LLC VS. JORGE VIVANCO, ét 'al. CIVIL CASE COVER SHEET Complex Case-Designation ~ CASE NUMBER: [ ] Unlimited [X] Limitegl Counter Joinder V (ggngggéed g‘e'm’aflged is Fileé wllth first appearanlce y defendant JUDGE: exceeds $25.00) $25,000 or less) ma" Ru'es °f CW7“ ““9 3-402) DEPT; - Items 1-6 belOW rays! be completed (s'ee' instructions on gage 2). 1.‘Check one box below for the case type that best describes this case: Auto Tort Contract Provislonally Complex Civil thlgation E ]Auto (22) [ ] Breach of cgntract/warranty (06) (Cal: R_ules of O_oun, rulgs 3.400-3.403) [ ] Uninsured motorist (46) [X] Rule 3.740 collections (09) [ JAntitrustlTrade regulation (03) Other PIIPDIWD (Personal InjurylPropeny [ ] Other' wllections (09) t }.ConstrUction defect (10) DamageIWrongful Death) Tort [ ] Insurance coverage (18) [ ]Mass ton (49) I ]Asbestos (04) [ ]Olher contract (37) [ ISecurities litigation (28) [ ] Product IIability(24) Real Property . [ ]Environmentall'l'0xictort (30) [ ] Medical malpractice (45) [ ] Eminent dpmainfrnverse [ 1 Insurance coverage claims arising from the above I ] Other PIIPDIWD (23) condemnation (14) listed pr'ovisionally complex case Non-PIIPDIWD (Other) Tort _ [ ] Wrongful eviction (33) types (41) [ ] Business lorllunfalr business practice (07) [ ] Other tea! property (26) Enforqement of Judgment [ ] Civil rights (08) Unlawful Detainer [ ] Enforcement ofjudgment (20) [ ]Defamation (13) [ ]Commercial (31) Miscellaneous Civil Complaint [ ] Fraud (1 6) [ ] Residential (32) [ 1 RICO (27) [ ] Intellectual property (1 9) [ ] Drugs (38) [ ] Other complaint (not specified above) (42) [ ] Professional negligence (25) Judicial Review Miscellaneous Civll Petition [ ] Other non-PI/PDIWD tort (35) [ lAsset forfeiture (05) [ ] Partnership and corporate governance (21) Employment [ ] Petition re: arbitration award (11) [ ] Other petition (not specified above) (43) [ ]Wrongful tennination (36) [ ]Writ of mandate (02) | ]0ther employment“ 5) I lOtheriudicial review (39) 2. This case [ ] is [X] is not complex under rule 3.400 of the California Rules of Coun. 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. [ ] Extensive motion practice raising difficult or novel e. [ ] Coordination with relatgd actions» pending inone or more courts issues that will be fime-oonsuming 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. Type of remedies sought (check aIHhat apply): a. [X] monetary b.[ lnon monetary; declaratory or injunctive relief c. [ ] punitive -. 4. Number of causes of action (speciw: TWO 5. This case [ ] Is [X1 is not a class action suit. 6. If there are any known related cases. file and serve a notice of related case. (You may use form CM-015.) Date: MAY 0 3 2021 I . [ ] Brian N. Winn [ ] Jacky P. Wang I [ l Jason M. Burrows [p Amit Taneja } [ 1 Grace Gail Esse (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY FOR PARTY) i’ NOTICE o Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under tr'ze Probate Code, Family Code. or Welfare and Institutions Code). (Cal. Rules of Court. rule 3.220.) Failure to file may result in sanctions. o File this cover sheet in addition lo 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. o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. ‘ Page 1 of2 Form Ado ted forMandalo Use GaLRuI rc n l 2.30.3.220.3.4oo-3.403. . 4 JudiciaIPCounciI of Calno'rynia cw"- CASE COVER SHEET e“ ° €51. sgfiams onudiual Aumznlsuagoggw. 3.10 CM‘O10 [Rem July 1. 2007] wwwcamfinfusagov CM~01 INSTRUCTIONS 0N HOW T0 COMPLETE THE COVER SHEET _ ._ To Plaintiffs and Others Filing First Papers ‘ r 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 5 0n the sheet. In item 1. you must check one box for thecase type that best describes the case. If the case fits both a genera! 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 as§ist you» in completingrthe sheet. examples of the 7 r cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper: You do not need to submit a cover sheet with amended papers. Failure t0 file a cover sheet with the first paper fired in a civil case may subject a patty. its counsel, or both lo sanctions under rules 2.30 and 3.220 of the Califomfa 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 sum stated to be cefiain 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 crediL A coilections 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 lndenlification of a case as a rule 3.740 coltections case on this form means that it will be exempt from the genera] fime-for-service requirements and case management ruIes, unless a defendant files a responsive pleading. A rul 3.740 collections case will be sub]ect to the reqwrements 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 lhe case is complex If a plaintiff beTieves the case is compTex under ruTe 3400 0f 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 files 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/Propefly Damage/Wrongful Death Uninsured Motoflst (46) (if the case Involves an uninsured motorists claim subject to arbitration, check this item instead ofAuto) Other PUPDIWD (Personal Injury! Property DamageIWrongful Death) Tort Asbestos (04) Asbestos Properly Damage Asbestos Personal Injury! Wrongful Death Product Liability (not asbestos or toxIc/environmenlalj (24) Medical Malpractice (45) Medical Malpractice Physicians & Surgeons Other Professional Health Care Malpractice Other PIIPDIWD (23) Premises Liability (e.g‘. slip and fall) Intentional Bodily Injuw/PD/WD (9.9.. assault, vandalism) Intentional lnflicu’on of Emotional Distress Neg1igent lnfllcflon of Emotional Distress Other PUPDIWD Non-PHPDIWD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (6.9., discrimination, false arrest) {nor civil harassment) (08) Defamation (e.g.. slander, libel) (13) Fraud (1 6) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice {nor medical or legal) Other Non-PlfPD/WD Ton (35) Emponment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentalfLease Contract (not unlawful derainer or wrongful eviction) ContractIWarranty BreachSeller Plaintiff {not fraud or negn'gence) Negligence Breach of Contract! Warranty Other Breach of ContracUWananty Collections (e.g., money owed. open book accounts) (09) Co1lection Case-Seller Plaintiff Other Promissory NolelCoIlections Case Insurance Coverage {not provisionally compiex) (15) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainllnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g.. quiet tjtle) (26) Writ of Possession of R231 Property Mongage Foreclosure Quiet Title Other Real Property {not eminent domain, landlordflenant, or foreclosure) Unlawful Detalner Commercia1 (31) Residentia1 (32) Drugs (38) (if the case involves Illegal drugs. check this item; 01h erwlse, report as Commercial or Residential.) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Admlnislrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Coun Case Review Other Judicial Review (39) Review of Health Oificer Order Notice of Appeai-Labor Comm1ssioner Appeal Provlslonatly Complex Civil Litigation (Cal.Rules of Court Rule 3.400-3.403) Antitrustfl'rade Regulation (03) Construction Defect (10) Claim involving Mass Tort (40) Securities Litigation (28) Toxic Tor‘t/Environmenta1 (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- domesflc re!a(ions) Sister Stale Judg ment Administrative Agency Award (not unpaid taxes) PetitionICem‘fication of Entry of Judg ment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Compiaint (no! specified above) (42) Declaratory Relief Only Injuncflve ReHef Only {non- harassment) Mechanics Lien Other Commercial Complaint Case {non-ton/non-compfex) Other Civil Comp1alnt (non-rort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Govemance (21) Other Petition (nor specified above) (43) Civil Harassment Werkpiace Violehce EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Page 2 m Form Adopied for Mandatory.Use Judicial Councii of California CM-010 [Rev. July1. 2007] CIVIL CASE COVER SHEET Cal Rures oICoun mres 230 3220 3.400 3..403 3.47 o-Cal,I‘Standards otJudiéiazAdminisUéUon std 31c www courahfo ca go»
