Civil Case Cover SheetCal. Super. - 6th Dist.March 29, 2021CM-010 ATTORNEY DR PARTY WITHDUT ATTORNEY (Name, Sfate Bar number, and address): FOR OFFICE USE ONLY _KeVin Y. Jacobson, Esq. (SBN 320532); Renia Zadourian, Esq. (SBN 33 1252); Athena Nguyen, Esq. (SBN 33 1265) QUILL & ARROW LLP 10900 Wilshire Boulevard, Suite 300, Los Angeles, CA 90024 I _ _ TELEPHONE N0; (310) 933'4271 FAX No; (310) 889-0645 E'IGCtroanally Flled ATTORNEY FOR(Name): Plaintiff: DAVID JR MOMLES hy SUperlor court Of CA, SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA iounty Of Santa Clara, STREET ADDRESS: 191 North First Street c n 3/29/2021 12:00 AM MAILING ADDRESS: 191 North Flrst Street Reviewed By: M vu CITY AND ZIP CODE: San Jose, CA 951 13 s BRANCH NAME; Downtown Superior Court c'ase #21 CV381 41 6 CASE NAME; .nvelope: 6125675 MORALES, DAVID V. GENERAL MOTORS LLC CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER 21 cv381 41 6 III Unlimited E Limited E D _(Amount (Amount Counter Jomder _ demanded demanded is Filed with first appearance by defendant JUDGE exceeds $25,000) $25,000 0r less) (Cal. Rules 0f 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: DamageIWrongful Death) Tort Asbestos (04)E Product liability (24) Insurance coverage (1 8) Mass tort (40) Other contract (37) E Securities litigation (28) Auto Tort Contract Provisionally Complex Civil Litigation Auto (22) Breach 0f contracwarramy (06) (Cal. Rules of Court, rules 3.400-3403) Uninsured motorist (46) E Rule 3.740 collections (09) E Antitrust/Trade regulation (03) Other PIIPDIWD (Personal InjuryIProperty E Other collections (09) E Construction defect (10)E meal Property EnvironmentallToxic tort (30) Medical malpracuce (45) E Eminent domainianerse Insurance coverage claims arising from theE Other PI/PDNVD (23) condemnation (14) above listed provisionally complex case Non-PIIPDIWD (Other) Tort E Wrongfu' 9Vic“°" (33) types (41)E Business tomunfair business practice (07) E Other real property (26) Enforcement of JudgmentE Civil rights (03) UnlawfuI Detainer E Enforcement ofjudgmenl (20)E Defamation (13) E Commercial (31) Miscellaneous Civil ComplaintE Fraud (16) E Residential (32) E RICO (27)E Intellectual property (19) E Drugs (38) E Olher complaint (notspecr’fied above) (42)E Professional negligence (25) Judicial Review Miscellaneous Civil PetitionE Other "DH-PWD’WD t0” (35) E Asset forfenure (05) Partnership and corporate governance (21) Employment E Petition re: arbitration award (11) E Other petition (not Specified above) (43) Wrongful termination (36) E Writ of mandate (02)E Other employment (15) E Otherjudicial review (39) 2. This case E is is not complex under rule 3.400 of the 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.E Large number of witnesses b.E Extensive motion practice raising difficult or novel e. |:| Coordination with related actions pending in one or more courts issues that will be time-consuming t0 resolve in other counties, states, or countries, or in a federal court c.E Substantial amount of documentary evidence f. E Substantial postjudgmentjudicial supervision Remedies sought (check aH that apply): a.- monetary b.E nonmonetary; declaratory or injunctive relief c. punitive Number of causes of action (specffid: 3 This case E is is not a class action suit. If there are any known related cases, file and serve a notice 0f related case. (You may use form CM-015.) Date: March 28, 2021 ’ Maya” Kevin Y. Jacobson, Esq. 93.01.4359 (TYPE 0R FRINT NAME) (SIGNATURE 0F PARTY 0R AWORNEY 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. 0 If this case is complex under rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy of this cover sheet on 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 onl . age 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court rules 2.30, 3.220. 3400-3403 3.740; Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration. std. 3.10 CM-m 0 [Rem July 1, 2007] wwrcourrmface 90v CM-010 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 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 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 0f 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 comptex 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 sewed 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 InjuryIProperty DamageNVrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist ciar‘m subject to arbitration, check this item instead ofAuto) Other PIIPDIWD (Personal Injury! Property DamagelWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury! Wrongful Death Product Liability (not asbestos 0r toxfa/environmentaU (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 InjurylPDlWD (e.g., assault, vandalism) intentional Infliction of Emotional Distress Negligent Infliclion of Emotional Distress Other PIIPDIWD Non-PHPDIWD (Other) Tort Business TortIUnfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (6.9., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medicaf or lega!) Other Non-PIIPD/WD Ton (35) Employment Wrongful Termination (36) Other Employment (15) CM-010 [Rem July 1. 2007] CASE TYPES AND EXAMPLES Contract Breach of ContracUWarranty (06) Breach of RentaIILease Contract (not unlawful detainer or wrongful eviction) Contractharranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract! Warranty Other Breach of ContracmNarranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory NoteICollections Case Insurance Coverage (nor provisionafly complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainilnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Propefly Mortgage Foreclosure Quiet Title Other Real Property {not eminent domain, landlord/Tenant, or forecfosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves mega! drugs, check this item; othemxise, report as Commercial or Residentiafl Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1‘1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Manclamus 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 CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Anlitrust/Trade Regulation (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) Environmentalfl'oxic 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) Petitiom‘Certification 0f 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- harassmenfl Mechanics Lien Other Commercial Complaint Case {non-torb’non-compfex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Pannership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence ElderlDependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2
