Civil Case Cover SheetCal. Super. - 6th Dist.March 26, 2021CM-O1 O _ATTORNEY OH PARTY WITHOUT ATTORNEY (Name, fiale Bar number, andaddrass): FOR COURTLEE ONLY David L. Price SBN: 88696 ElGuindy, Meyer & Koegel, APC 2990 Lava Ridge Court, Ste 205; Roseville, CA 95661 TELEpHomemo.:(916) 778-3310 Fmo.;(916) 330-4433 E'eCtmn'FaHV F'Ied ATTORNEY FORmameJPIaintiff Quality First Home Improvement, Inc. by SUPerlor court 0f CA, SUPERIOR courrr 0F CALIFORNIA, COUNTV 0F SANTA CLARA C ounty 0f Santa Clara, STREET ADDRESS:191 North First Street an 3/26/2021 3:41 pM MAILING ADDHE55:191 North First Street - . cmmnzwconeSan Jose, 95113 Rev'ewed By' M vu BRANCH NAME: Downtown Suoerior Court C ase #21 CV381 405 CASE NAME: QUALITY FIRST HOME IMPROVEMENT, INC. v. FLAUBERT '= "VGIOPel 6122465 ANDRES, et aI. CIVIL CASE COVER SHEET Complex case Designation CASE NUMBER:D Unlimited Limited El El _ 21 CV381 405(Amount (Amount Counter Jonndar D El demanded demanded is Filed with first appearance by defendant J” G ‘ exceeds $25,000} $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 Ton Comma Provisionally Complex Civil LitigationE Ame (22) Breach of contracgwanamy (03, (Cal. Rules of Court, rules 344004.403) Uninsured motorist {46) E Rule 3,740 colleclions (09) E AniilrusUTrade regulation (03) Other PIIPDIWD (Personal lniuryIProperty E Other collections (09) E Construction defect (10) Damage/Wrongiul Death)Tort msurance coverage (13) E Masstori (4D) ASbesws (04) E Other contract (37) E secumies litigation (28) Product liability (24) Rea. pmpeny E EnvironmentaI/Toxic ton (30) Medical malpradice (45) E Eminent do-mainilnvel'se E Insurance coverage claims arising Irorn theE Other PIIPDIWD (23) Cflfldemnaflon (14) above listed provisionally complex case Non-PuPD/wo (Other) Tort E Wmng'u' eVic'iO" (33) Wes (41)E Business toruunfair business practice (D7) E omer real pmpmy (26) Emomemem °f JudgmemE Civil rights {08) Unlawful Detainer E Eniorcemeni of judgment (20)E Datamation (13) E Commemia' {31) Miscellaneous Civil ComplaintE Fraud (16) E Residential (32) E RICO (27)E Intellectual property (19) E DVUQS (33) E Other complaim (not specified above) (42)E Professional negligence (25) Judicial Review Mlsceuaneous CM] PetitionD Oiher "OH‘P'r’PDMD “3'1 (35) E A3391 ‘Ofiem’re (D5) Fannership and corporate governance (21) Employment E Petition re: arbitration award (11) E Other pemion (not Specified above) (43) Wrongful termination (36) E Writ oi mandate (02)E Other employmem {1 5) E Other judicial review (39) 2. This case E 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.E Large number of separately represented parties d.D Large number of witnesses b.E 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.E Substantial amountof documentary evidence f. E Substantial postjudgmentjudicial supervision Remedies sought (check all thatappiy): a_- monetary b.E nonmonetary; declaratory or injunctive relief c. Dpunitive Number of causes of action (5pecify):0ne (1) This case D i5 is not a class action suit. If there are any known related cases, file and serve a notice of related case. (VOW Iom CM-O‘S.) DatezMarch 26. 2021 A David L. Price. Esq. L_I;L/k-r {le(TYPE 0H PRINT NAME] GHaTURE 0F PARTY on ATronNEv FOR PARTY) 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 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. 0 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 0n all other parties to the action or proceeding. 0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes engage 9"???" 1 of 2 Form Adopted for Mandatory Use Cal. Rules 0f Court. ru|es 2.30, 3.220. 3400-3403‘ 3.740: Judicial Council of Cal'rlornia C'VIL CASE COVER SHEET Gal. Standards ofJuducnal Admlnistrafiom std. 3.10 CM-OIO [Rem July 1. 2007] www.cauflmfacagov Wattaw Do: a Farm Builder" C M-010 Auto Tort Auto (22)- Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (i/the case involves an uninsured motorist claim subject fo arbi/ra/ion, check this item instead o/Au/o) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Properly Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or Ioxic/environmenla/i (24) Medical Malpradice (45) Medical Malpractice- Physicians & Surgeons Other Protessional 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 Infliction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Ton/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (nol civil harassmenti (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or /ega/) Other Non.PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) INSTRUCTIONS 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 I, 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 $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 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 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. CASE TYPES AND EXAMPLES Contract Provisionally Complex Civil Litigation (Cal. Breach of Contrad/Warranty (06) Rules of Court Rules 3.400-3.403) Breach of Rental/Lease Antitrust/Trade Regulation (03) Contrad (noi unlawful detainer Construction Defed (10) or wrongful evicfion) Claims Involving Mass Tort (40) Contract/Warranty Breach-Seller Securities Litigation (28) Plaintiff (noi fraud or negligence) Environmental/Toxic Tort (30) Negligent Breach of Contract/ Insurance Coverage Claims Warranty (arising from provisionally complex Other Breach of Contract/Warranty case type listed above) (41 ) Collections (e.g., money owed, open Enforcement of Judgment book accounts) (09) Enforcement of Judgment (20) Collection Case-Seller Plaintiff Abstrad of Judgment (Out of Other Promissory Note/Collections County) Case Confession of Judgment (non- Insurance Coverage (nof provisionally domeshc reiaiions) comp/ex) (18) Sister State Judgment Auto Subrogation Administrative Agency Award Other Coverage (nol unpaid taxes) Other Contrad (37) Petition/Certification of Entry of Contractual Fraud Judgment on Unpaid Taxes Other Contract Dispute Other Enforcement of Judgment Real Property Case Eminent Domam/Inverse Miscellaneous Civil Complaint Condemnation (14) RICO (27) Wrongful Eviction (33) Other Complaint (not specifiedabove) (42)other Real Properly (e.g., quiet gtle) (26) Writ of Possession of Real Properly Mortgage Foredosure harassment) Quiet Title Other Real Property (not eminenl domain, landlord/ienanl, or ioredosure/ Other Civil ComplaintUnlawful Detainer (non-tort/non-comp/ex) Miscellaneous Clvff PetitionCommercial!31) Residential (32) Partnership and Corporate Drugs (38) (i/ the case involves i/legal Governance (21) drugs, check ibis ilem; otherwise, Other Petition /nol specified repon as Commercial or Residential) above) (43) Judicial Review Civil Harassment Asset Forfeiture (05) Workplace Violence Petition Re. Arbitration Award (11) Elder/Dependent Adult Writ of Mandate (02) Abuse Writ-Administrative Mandamus Wnt-Mandamus on Limited Court Petition for Name Change Case Matter Petition for Relief From Late Writ-Other Limited Court Case Claim Review Other Civil Pegiion Other Judicial Review (39) Review of Health ONcer Order Notice of Appeal-Labor Commissioner Aooeals cue/0 inev. Jvir 2, 2007I CIVIL CASE COVER SHEET gege 2 ei 2
