Civil Case Cover SheetCal. Super. - 6th Dist.March 29, 2021CM-010 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Barnumbor. end addmss): Noel D. Hibbard SBN 226425 F” °°”’"”‘E°"” 2099 Lincoln Ave Ste 202 San Jose, CA 951 25 A'ITORNEY FOR (Name): Plaintiff Electronically Filed TELEPHONE NO.: 408-294-9100 FAX NO.(Op!ionaI): 408-645-6727 by Superior Court of CA i County of Santa Clara, SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara _ STREETADDRESS: 191 N. FirstStreet an 3_/29/2d0231 4":szMAILING ADDRESS: ewewe y: u cn'v AND ZIP cone: San Jose. CA 95113 case #21 CV381 436 “Rm” "AME: Envelope: 61 32434 CASE NAME: GARCIA v. FAMILY EYE CARE CENTER. et al CIVIL CASE COVER SHEET Complex Case Designation “SE "UMBER“ 21 CV381 436E Unlimited E Limited D Counter E Joinder (dAmour: d (Amount . Filed with first appearance by defendant JUDGE:eman e demanded Is fexceeds $25,000) 525.000) (Cal. Rules o 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 Contract Provisionally Complex Civil LitigationE Auto (22) E Breach of contracuwarranty (03) , (Cal. Rules of Court. rules 3400-3403)E Uninsured motorist (46) E Rule 3.740 collections (09) E AntiWsVT'ade VBQU'afiO" (03) Other PIIPDIWD (Personal lnjurylPropeIty E Other collections (09) E Construction defect (10)Damagelwmngfu' Death) T‘m D Insurance coverage (18) D Mass t0” (4°)D Asbestos (04) E Other contract (37) E Secun'ties Iitigation (28)D Pmdmtfiabi'iw (24) Real pmperty E Environmental/Toxictort (30)E Medical malpractice (45) E Eminent domainnnverse E IrLsurarlp? govemgg clali'ms arisi'ng from theD Other PIIPDIWD (23) condemnation (14) angled? va'swna Y °°mP ex 033° Non-PIIPDIWD (Other) Tort E Wrongful eviction (33) Enforcement of JudgmentE Business tort/unfair business ptactice (O7)E Other real Property (26) D Enforcement of judgment (20)E CW" figms (08) unlawm' Damn.“ Miscellaneous Civil ComplaintE Defamation (13) E con-‘meréal (31) E RICO (27)E F’aUd (16) E :esmenat': (32) E Other complaint (not specified above) (42)E '"tenecma' Pmperty (19) filairzgifew) Miscellaneous Civil Petition | | Professional negligence (25) . . Partnersh and co rate o emance 21E Other non-PI/PD/wo tort (35) E Asset forfeiture (05) E _"p rp° . 9 V ( ) Employment D Petition re: arbitration award (11) E Other Pet‘m” ("0t Spec’fied above) (43)E Wrongful termination (36) E writ 0f mandate (02)E Other employment (15) E Other judicial review (39) 2. This caseE is E is not complex under rule 3.400 of the California Rules of Court. lf the case is complex, mark the factors requiring exceptional judicial management: a. D Large number of separately represented parties d. E Large number of witnesses b. D 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 amount of documentary evidence court f. E Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply):a.E monetary b.D nonmonetary; declaratory or injunctive relief c.E punitive 4. Number of causes of action (specify): SIX 5. This caseE is E 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-O15.) Date: March 29. 2021 Noel D. Hibbard M (TYPE 0R PRINT NAME) SIGNATURE or: PARMR Rfioausv 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 0 File this cover sheet in addition to 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 ° Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes orgly. 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. other parties to the action or proceeding. ago 1 of 2 Fonn Adopted for Mandatory Use Cal. Rules of Court. rules 2.30. 3.220. 3.400-3.403. 3.740; Judidal Council o! California Clvn' CASE COVER SHEET Cal. Standards of Judiu'al Administration. std. 3.10 CM-010 [Rem JuIy 1. 2007] www.courts.aa.gov 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 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. lf 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 rutes 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 owad 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. 1n complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a piaintiff 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 ‘I 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 joindar in the plaintiffs 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 (2)-Personal InjurylProperty DamagelWrongful Death Uninsured Motorist (46) (ifthe case involves an uninsured motorist claim subject (a arbitration. check this item instead of Auto) Other PIIPDIWD (Personal Injury! Property DamageIWrongful Death) Tort Asbestos (O4) Asbestos Property Damage Asbestos Personal Injury! Wrongful DIath Product Liability (not asbestos or toxic/enw'ronmenta!) (24) Medical Malpractice (45) Medical Malpractice- Physicians 81 Surgeons Other Professional Health Care Malpractice Other PllPD/WD (23) Premises Liability (9.9.. slip and fall) Intentional Bodily InjuryIPDIWD (e_g., assault. vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PIIPDIWD Non-PIJ'PDIWD (Other) Tort Business TorUUnfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civif harassment) (08) Defamation (3.9., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medica! or legal) Other Non-PIIPDNVD Ton (35) Empioyment Wrongful Termination (38) Other Employment (15) CM-D10 [Rev. July 1. 2007] CASE TYPES AND EXAMPLES Contract Breach of ContracUWarranty (06) Breach of Renlah‘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 ContracUWarranty Collections (e.g.. money owed. open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory NotelCollections Case Insurance Coverage (not provisionally compiex) (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 Raal Property (e.g., quiet titie) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (nor eminent domain, landlord/tenanl, 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 Revlew Asset Fotfeilure (05) Petition Re: Arbitration Award (1 1) Wn't of Mandate (02) Writ-Adrninislrative 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 AppeIaI-Labor CommISSIoner Appeals CIVIL CASE COVER SHEET Provisionally Complex Clvll Litigation (Cal. Rules of Court Rules 3.400-3.403) AntilrusUTrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securilies Litigation (28) Environmentalrl'oxic Tort (30) Insurance Coverage Claims (arising from pmvfsr'onafly complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domeslic relations) Sister Stale Judgment Administrative Agency Award (no! unpaid taxes) PetitionlCertification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Clvil Complaint RICO (27) Other Complaint (not specified ab0ve) (42) Declaratory Relief Only lnjunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-(orUnon-complex) Other Civil Complaint (non-rort/non-complex) Miscellaneous Clvll Petitlon Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence ElderlDependenl Aduit Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civi! 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