Civil Case Cover SheetCal. Super. - 6th Dist.March 29, 2021x x x Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/29/2021 10:22 AM Reviewed By: M Vu Case #21CV381420 Envelope: 6127341 21CV381420 UIVI'V IU ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address): Robert T. Tang, Esq.; SBN 296544 255 N. Market Street, Suite 244 San Jose, CA 95110 TELEPHONE No; (408) 816-8098 FAX N0. (Optional): ATTORNEY FOR (Name): NTL Precision Machining. Inc. FOR COURTUSE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREEr ADDRESS: 191 N. First. Street MAILING ADDRESS; 191 N. First Street CITY AND ZIP CODE: San Jose 95113 BRANCH NAME: CASE NAME: NTL Precision Machining, Inc. v. Pentagon Technologies, Inc. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:E unlimited E Limited E Counter E Joinder (Amount (Amount . Filed with first appearance by defendant JUDGE:demanded demanded '5 Cal Rules ofCourt rule 3 402 exceeds $25,000) $25,000) ( - x - ) DEPT; Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort ContractE Auto (22) E Breach of contract/warranty (06)E Uninsured motorist (46) E Rule 3.740 collections (09) Other Pl/PDNVD (Personal lnjurylProperty E Other collections (09) Damage/Wrongful Death) Tort E Insurance coverage (18)E Asbestos(04) 0th t t 37E Productuabmty(24) E eroonrac ( )Real PropertyE Medical malpracnoe (45) E Eminent domain/lnverseE OtherPI/PDNVD(23) oondemnation(14) Non-PI/PD/wo (Othernon E Wrongfuleviction (33)D Businesstort/unfair business practice(07) E Other real property(26) E] Civil rights (03) Unlawful DetainerE Defamationua) E C0mmercia|(31)E Fraud (16) E Residential (32)E Intellectualproperty(19) E DrU9$(33)E Professionalnegligenoe(25) JUdiCia'ReVieWE Othernon-PI/PD/wotoruss) E Assetforfeiture(05) Employment E Petition re: arbitration award (11)E Wrongfultenninationee) E Writ 0fmandate(02)E Other employment (15) E Other judicial review (39) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403)E Antitrust/Trade regulation (03)E Construction defect(10)D Masstort(40)E Securities litigation (28)E EnvironmentaI/Toxic tort (30)E Insurance coverage cIaims arising from the above listed provisionally complex mse types (41) Enforcement of JudgmentD Enforcement of judgment (20) Miscellaneous Civil ComplaintE Rico (27)E Other complaint (not specified above) (42) Miscellaneous Civil PetitionE Partnership and corporate governance (21)E Other petition (not specified above) (43) 2. This caseE is E 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. E Large number of witnesses b. E Extensive motion practice raising difficult or novel e. E Coordination with related actions pending in one or more issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal c. D Substantial amountof documentary evidence court f. m Substantial postjudgmentjudicial supervision 3. Remedies sought (check allthatapply):a.E monetary b.E nonmonetary; declaratory orinjunctive relief c. E punitive 4. Number of causes of action (specify): 5. This caseD is E is not a class action suit. 6. lfthere are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: 03/1 1 /2021 Robert T. Tang, Esq. (rYPE 0R PRINT NAME) b Ayémfm (SIGNATURE 0F PARTY 0R ArréhNEY FOR PARTY) NOTICE in sanctions. - File this cover sheet in addition to any cover sheet required by local court rule. other parties to the action or proceeding. 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 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 - Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page1 of2 3;;gigdgggii;°gfig:7jgj:§3 ”5e CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3,220, 3400-3403, 3.740; Cal‘ Standards of Judicial Adminisuafion, sd. 3.10 INSTRUCTIONS 0N How To COMPLETE THE COVER SHEET CM-010 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 yourfirst 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. Ifthe 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 ofthe 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. Ifa 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 Iaterthan the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, ifthe plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Property DamageNVrongful Death Uninsured Motorist (46) 0f the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other Pl/PD/WD (Personal Injuryl Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal lnjury/ Wrongful Death Product Liability (not asbestos or toxic/en vironmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PDNVD (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/PDNVD Non-PllPD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (1 3) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical orlegal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-mo [Rem July 1‘ 2007] For your protection and privacy, pleasemm the Clear Thie Far": hnflnn aflnr "nu hang nriMndLH-m fur": CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) 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 (not provisionally 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 Property (e.g., quiet t'rtle) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet TitIe Other Real Property (not eminent domain, Iandlord/tenant, or 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 CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.4004403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (an’sing from pro visiona/ly complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confewon of Judgment (non- domesfic 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 lnjunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace \fiolence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page2of2 Dans ad- 8...... l I cm... nu- cn-n