Civil Case Cover SheetCal. Super. - 6th Dist.March 29, 2021CM-01O ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Dawn C. Sweatt/Leila N. Sockolov, CSBN 238005/282946 Berliner Cohen, LLP 10 Almaden Blvd., Ste. 1100, San Jose, CA 951 13-2233 TELEPHONE N0: (408) 286-5800 FAX No. (Optional): (408) 998-5388 AWORNEY FOR (NameJiHARPEL ASSOCIATES, LLC FOR COURT USE ONLY Electronically Filed by Superior Court of CA, SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS:191 North First St. MAILING ADDRESS: cmr AND ZIP CODESan Jose 951 13 BRANCH NAMEDowntown Superior Court (DTS) County of Santa Clara, on 3/29/2021 4:15 PM Reviewed By: M Vu Case #21 CV381441 CASE NAME: Harpel Associates, LLC v. Physical Culture Strength and Conditioning, et al. Envelope: 61 3221 7 CW"- CASE COVER SHEET Complex Case Designation CASE NUMBERm unlimimd E Limned E Counter E Joinder 21 CV381441 3:22]:de 32:11::ng is Filed with first appearance by defendant JUDGE: exceeds $251000) $25,000) (Cal. Rules of Court, rule 3.402) DEPT; Items 1-6 beiow 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) Rule 3.740 collections (09)E Other PIIPDIWD (Personal lnjuryIProperty E Other collections (09) DamageIWrongful Death) Tort E Insurance coverage (18)E A5beslos(04)E Productliabilityc24)E Medical malpractice (45) |:| Other PIIPDIWD (23) Non-PIIPDIWD (Other) Tort Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 1400-1403)E Antilrust/Trade regulation (03) |:| Construction defect (‘10)E Mass tort (40)E Securities litigation (28)E Environmental/Toxic tort (30) Insurance coverage claims arising from lhe above listed provisionally complex case types (4‘1) Enforcement of Judgment E Other contract(37) Real PropertyE Eminent domainllnverse condemnation (14)E Wrongful eviction (33) Business tortlunfair business practice (07) E Other real Pmperty (26) |:| Enforcement ofjudgment (20) Civil rights (08) unlawm' Deta'n_er Miscellaneous Civil Complaint Defamation (13) E Commem'a' (31) |:| Rlco (27) Fraud (16) E Residential (32) E Other complaint (not specified above) (42) Miscellaneous Civil Petition|:| Drugs (38) Judicial ReviewE Assetforfeilure (05)E Petition re: arbitration award (1 1)E Wril 0f mandate (02) |:| Otherjudicial review (39) Intellectual property (19) Professional negligence (25) Other non-Pl/PDNVD tort (35) Employment :l Wrongful termination (36)E Other employment (15) 2. This case |:| is E 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. |:| Large number of separately represented parties b. E Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c. E Substantial amount of documentary evidence E Partnership and corporate governance (21) |:| Other petition (not specified above) (43) DUBDDDU d. |:| Large number of witnesses e. E Coordination with related actions pending in one or more courts in other counties, states, or countries. or in a federal coun f. E Substantial postjudgmentjudicial supervision 3. Remedies sought (check all thatapply):a.E monetary b.D nonmonetary; declaratory or injunctive relief c. E punitive 4. Number of causes of action (specify):Three 5. This caseE i5 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-015.) Date: March 29, 2021 Dawn C. Sweatt ’ 5mg guamt-H (SIGNATURE OF PARTY OR A'I'I'ORNEY FOR PARTY)(TYPE 0R PRINT NAME) NOTICE 0 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. 0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 of2 Cal. Rules of Court rules 2,30, 3.220, 1400-1403, 3.740; Cal. Standards of Judicial Administration. sld. 3.10 www.mufls.ca‘gov Form Adopted for Mandatory Use Judicial Council of California GM-mo [Rem July 1, 2007] CIVIL CASE COVER SHEET INSTRUCTIONS 0N HOW T0 COMPLETE THE COVER SHEET CM-D10 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 0f 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 0f real property, (4) recovery 0f personal property, 0r (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 0f 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 Injurnyroperty DamagefWrongful Death Uninsured Motorist (46) {ifthe case :‘n valves an uninsured motorist ciar'm Subject to arbitration, check this item instead ofAuto) Other PIIPDIWD (Personal Injuryl Property Damagelwrongful Death) Tort Asbestos (O4) Asbestos Property Damage Asbestos Personal Injury! Wrongful Death Product Liability (not asbestos or toxIc/envfronmental) (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 InjuryiPDiWD (e.g., assault, vandalism) Intentional lnfliction of Emotional Distress Negligent Infliction of Emotional Distress Other PIIPDIWD Non-PflPDM'D (Other) Tort Business TortJUnfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) {not ciw? 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-PIIPDIWD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-fl10 [Rem July 1. 200?] CASE TYPES AND EXAMPLES Contract Breach of ContracUWarranty (06) Breach of RentallLease Contract (not unlawful detainer or wrongful eviction) ContractM'arranty Breach-Seller Plaintiff (not fraud ornegh'gence) Negligent Breach of Contract! Warranty Other Breach of ContracUWarranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory NoteICollections Case Insurance Coverage (not provisionafly compfex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainflnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (9.9., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landford/Tenant, or forecfosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (ff the case :‘nvalves mega! drugs, check this item; otherwise, report as Commercial or Residentiaf) 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 3.400-3.403) Antitrusthrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentaIIToxic Tort (30) Insurance Coverage Claims (arising from provisionah'y compfex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of Caunty) Confession of Judgment (non- domestic refations) Sister State Judgment Administrative Agency Award (not unpaid taxes) PetitionICertification 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 Only (non- harassment) Mechanics Lien Other Commercial Complaint Case {non-torr/non-compfex) Other Civil Complaint (non-fort/non-comptex) MiscellaneOus Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence EIden’Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2
