Civil Case Cover Sheet

Cal. Super. - 6th Dist.April 1, 2021

CIIII-010 San Jose CA 95113 Santa Clara Supenor Court Disinct CASE NAME: Bank of Amenca, N.A. v. CINDY D THOMPSON ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, siaic Bar number aud address) Hunt & Henriques, Attorneys at Law Donald Shernll 4266038 I I Keri L. Salet f318913 7017 Realm Dr., San Jose, CA 95119 TELEPHONE NO (800) 680-2426 Fax No (408) 362-2299 ATTORNEY FOR (Name/ Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND ZIP CODE ~RANCH NAME FOR COURT USE ONLY CASE NUMBER DEPT on pace 2) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities ktigation (28) Environmental/Toxic tort (30) Insurance coverage claims ansing from the above lated provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (no( speci/ied above) (43) d. ~ Large number of witnesses e ~ Coordination and related actions pending in one or more courts in other counties, states, or countnes, or in a federal court f. M Substantial post)udgment judimal supervision b. M nonmonetary; declaratory or injunctive relief c.~ punitive 6. If there are any known related cases, file and serve a notice of refated case. (You m Date: March 19, 2021 CIVIL CASE COVER SHEET Complex Case Designation~ Unlimited ~ Limited (Amount (Amount demanded demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3 402) Items 1 -6 be/ow must be completed (see instructions 1. Check one box below for the case type that best descnbes this case: Auto Tort Contract Auto (22) Breach of contract/warranty (06) Uninsured Motonst (46) Rule 3.740 collections (09) Other Pl/PD/WD (Personal Injury/property ~ Other collections (09) Damage/Wrongful Death) Tort Insurance coverage (18) Asbestos (04) Other contract (37) Product liability (24) Real Property Medical malpractice (45) Eminent domain/Inverse Other Pl/PD/WD (23) condemnation (14) Non-Pl/PD/WD (Other) Tort Wrongful eviction (33) Business tort/unfair business practice (07) Other real property (26! Civil rights (08) Unlawful Detamer Defamation (13) Commercial (31) Fraud (16) Residential (32) Intellectual property (19) Drugs (38) professional negligence (25) Judimal Review Other non-Pl/PD/WD tort (35) Asset fodeiture (05) Employment Petition re arbitration award (11) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other ludicial review (39) 2. This case LJ is LXJ is not complex under rule 3,400 of the Cahfornia Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. ~ Large number of separately represented parties b. ~ Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c. ~ Substantial amount of documentary evidence 3. Remedies sought (check a/I that apply): a.~ monetary 4. Number of causes of action (specify): 1 5. This case ~ is ~ is not a class action suit. t(a(LL cut)EL/(31 R9 4 3 NOTICE Form Adopted for Mandatory Usa Judiaal Counai of Cali(orb a cM-010 [Rav July I, 2007I ~ 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 aff other parties to the action or proceeding ~ Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. Pass I oi 2 CIVIL CASE COVER SHEET Cal Rules of Court rules 2 30, 3220 3 400-3403, 3740,Cal Siandardcoi Judhcialndmcsirctoo.ctd 310 uuu couniri io ca doc 1438062.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/1/2021 12:00 AM Reviewed By: D Harris Case #21CV381450 Envelope: 6148117 21CV381450 CNI-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 complamt) m a ciwl 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 descnbes the case. If the case fits both a general and a more specific type of case listed rn 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 I are prowded 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 sublect 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 certam that is not more than $25,000, exclusive of interest and attorney's fees, ansing from a transaction in which property, serwces, 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 wnt af 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 sublect to the requirements for service and obtaining a ludgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use lhe Cw// Case Cover Sheet to designate whether the case is complex If a plaintiff believes the case is complex under rule 3 400 of the Califorma 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 iornder 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 Inlury/Property Damage/Wrongful Death Uninsured Motonst (46) (1/ fhe case inva/ves an uninsured motortst claim sub/ec/ io erartraaon, check this item instead of Aulo) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Iniury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medrcal Melpract1ce- Physrc1ans & Surgeons Other Protess10nal Health Care Malpractice Other Pl/PD/WD (23) Premises L1ab1I1ty (e g, stp end fall) Intentronsl Bodily Iniury/PD/WD (e.g., assault, vandaksm) Intentronel Infliction of Emotional Distress Negligent infliction of Emotional Distress Other Pl/PD/WD Non-Pl/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., d1scnm1nat1on, false arrest) (nol wvrl harassment)(08) Defamation (e g., slander, kbel) (13) Fraud (16) Intellectual Property (19) Professional Negkgence (25) Legal Malpractice Other Professional Maipract1ce (not medhcs/ or /ege/) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-010 Incr July 1 200/I CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rentai/Lease Contract (nor un/ew/u/ detainer or wrongful ewcaon) ContraculNsrranty Breach-Seller Pla1nt1ff (nol fraud or neg//gence) 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/Coliect1ons Case Insurance Coverage (nol prov/s/one//y complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation(14) Wrongfuf Eviction (33) Other Real Property (e g, quiet title) (26) Wnt of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (noi eminent domain, /and/ord/tenant, or /oreclosure) Unlawful Detainer Commeroal (31) Residential (32) Drugs (38) (/f the case rnvo/ves 1//ega/ drugs, check this rfem, otherwise, report as Commercra/ or Residential) Judicial Review Asset Forfeiture (05) Petition Re Arbitration Award (11) Wnt of Mandate (02) Wnt-Administrative Mandamus Wnt-Mandamus on Limited Court Case Matter Wnt-Other Limited Court Case Review Other Judraal Review (39) Rewew of Health Off1cer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cel. Rules of Court Rule 3.400-3.403) Antitrust/Trade Reguiat1on (03) Construction Defect (10) Claims Involving Mass Tort (40) Secunt1es Litigation (28) Environmental/Toxic Tort (30) insurance Coverage Claims (sr/srng from provisionally complex case type Irsled above) (41) Enforcement ot Judgment Enforcement ot Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (nat unpard taxes) Petition/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Compfe1nt /nol spew/red above) (42) Declaratory Rekef Only Inlunct1ve Relief Only (non- harassment) Mechanics Lien Other Commeraal Complaint Case (non-/ort/non-complex) Other Civil Comple1nt (non-tort/non-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (nor specified above) (43) Civ1I Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Cie1m Other Civil Petition Page 2 Of 2 1438062.001