Civil Case Cover SheetCal. Super. - 6th Dist.March 29, 2021CM-010 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Kevin Danesh, Esq. [SBN 228891]/Owili K. Eison, Esq. [SBN 271802] Banafsheh Danesh & Javid, P.C. 9701 Wilshire Boulevard, 12th Floor Beverly Hills, California 90212 TELEPHONENO.: (310) 887 - 1818 FAXNO.: (310) 887 - 1880 ATTORNEY FOR (Name): P l a int i f f S Electronically Filed >y Superior Court of CA, E t C SUPERIOR COURT 0F CALIFORNIA,COUNTY0F Santa Clara (m 3/29/2021 2:50 pM F C E Iounty of Santa Clara, STREETADDRESS:191 North First Street MAILINGADDRESS:191 North First Street CITYANDZIPCODE:San Jose, California 95113 BRANCHNAMEDowntown Courthouse leviewed By: M Vu Ease #21 CV381433 Envelope: 6131020 CASENAME: Cesar Augusto Fernandez - Gomez, et al. v. Mirage Hospitality Inc., et al. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:m Unlimited D Limited D Co nt D J . d 21 CV381433(Amount (Amount u er om er _ demanded demanded is Filed with first appearance by defendant JUDGE 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 Tort Contract Provisionally Complex Civil Litigation Auto (22) Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other PIIPDIWD (Personal Injurylproperty Other collections (09) Construction defect (10) Insurance coverage (18) Mass tort (40)DamageNVrongful Death) Tort . . . . . Other contract (37) Securltles IItIgatIon (28) Asbestos (04) . . . . . Enwronmental/TOXIC tort (30) Product llablllty (24) Real Property . . . . . . . Insurance coverage claims arlsmg from the Medlcal malpractice (45) D Eminent domaIn/lnverse above listed rovisiona” com lex case Other PI/PD/WD (23) condemnation (14) types (41) p y p Non-PI/PD/WD (Other) Tort wr°ngf”' e‘"°“°” (33) . . . . Other real property (26) Enforcement of JudgmentBusmess tort/unfalr busmess practlce (07) D Enforcement of.ud ment (20) Civil rights (08) Unlawful Detainer J g Defamation (13) Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) RICO (27) Intellectual property (1 9) Drugs (38) Other complaint (not specified above) (42) gizfeersjfnrlg'lPsgmi‘fjfigg) Judicial Review Miscellaneous Civil Petition Asset forfeiture (05) Partnership and corporate governance (21) Employment Petition re: arbitration award (1 1) Other petition (not specified above) (43) Wrongful termination (36) Writ of mandate (02) Other employment (1 5) Other judicial review (39) 2. This case D is m is not complex under rule 3.400 ofthe California Rules of Court. Ifthe case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. a Large number of witnessesb. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts issues that wi|| be time-consuming to resolve in other counties, states, or countries, or in a federal court c. D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision 3. Remedies sought (check all thatapply): a. m monetary b.D nqnmonetary; declaratory or injunctivg relief c. D punitive 4. Numberofcauses ofaction s ecify): (l) General Negligence (2) Motor Vehicle 5. This case D is 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.) Dme March 29, 2021 Keyjn Danesb, Esq.szjj K. Ejsgn, Esq. } 0M /< (Alwb (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R A-ITORNEY 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. 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 wi|| be used for statistical purposes only. Page 1 of 2 F Ad t df M d t U . - c I. R I fc r1, I 2.30, 3.220,3.400-3.403 3.740; Jggigial egfncflfcaaqifgrgg se C-EB Essentlal CIVIL CASE COVER SHEET a gaelégtanggrdsnénfejudicialAdministration, std. 3.10 CM-O1O [Rev. July 1, 2007] “ham EFoms- www.courtmfo.ca.gov1 - Fernandez-Gomez, Cesar Augusto 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 wi|| 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 of attachment. The identification of a case as a rule 3.740 collections case on this form means that it wi|| 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 wi|| 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. Auto Tort Auto (22)-Personal Injury/Property DamageNVrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other PIIPDNVD (Personal Injuryl Property DamageNVrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PIIPDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDNVD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PIIPDNVD Non-PIIPDNVD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/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/lnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, Iand/ord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; othelwise, 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 Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 0) 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 On|y(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 Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Other Employment (1 5) Notice of Appeal-Labor Commissioner Appeals CM-o1o [Rev. July 1, 2007] CEB Essential CIVIL CASE COVER SHEET Page 2 of2 cabocom EM' Fernandez-Gomez, Cesar Augusto
