Civil Case Cover Sheet

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bay dumber aod address/ Christopher D. Denny, Esq. (SBN 175338) 605 Market Street, Suite 505 San Francisco, CA 94105 FOR COURT USE ONLY TELEPHDNEND 415-531-8189 ATTORNEY FOR (Namey EVerahine I L.P. FAX No. (Dpliooal/I SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETAooREss 191 N. First Street MAILING ADDRESS; DITYAND zip coDE San Jose, CA 95113 BRANCH NAME'rovisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403)~ Antitrust/Trade regulation (03)~ Construction defect (10)~ Mass tort (40)~ Securities litigation (28)~ Environmental/Toxic tort (30)~ Insurance coverage claims ansing from the above listed provisionally complex case types (41) Enforcement of Judgment~ Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27)~ Other complaint (no( specified above) (42) Miscellaneous Civil Petition Form Adopted for Maodatoyr Use Judkaal Couoal of Caifomie CASE NAME: Evershine I L.P. v Hoa Bui an individual dba Lundy Dry Cleaners CIVIL CASE COVER SHEET Complex Case Des(gnat)on cAsENuMSER~ Unlimited ~x Limited ~ Counter ~ Joinder (Amount (Amount demanded demanded is Filed with first appearance by defendant JUDGE. (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~ Auto (22) ~x Breach of contract/warranty (06)~ Uninsured motorist (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 Detainer~ Defamation (13) ~ Commercial (31)~ Fraud (16) ~ Residential (32)~ Intellectual property (19) ~ Drugs(38)~ Professional negligence (25) Judicial Review ~ Partnership and corporate governance (21)~ Other non-Pl/PD/WD tort (35) mp oymen ~ Petition re: arbitration award (11) H other petition (no(speci/ied above) (43)~ Wrongful termination (36) ~ Writ of mandate (02)~ Other employment (15) ~ Other/udinal review(39) 2. This case ~ is ~x 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 d. ~ Large number of witnesses b. ~ Extensive motion practice raising difficult or novel 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. ~ Substantial amount of documentary evidence f. ~ Substantial postjudgment judicial supervision 3. Remediessought(checka/Ithatapp/y):a. ~x monetary b. ~ nonmonetary;declaratory or injunctiverelief c. ~ punitive 4 Number of causes of action (specify): 2 5. This case ~ is ~x is not a class action suit. S. Ifk yk I d,yl d ki t It d .Iy y|f~du ydJDate: March 31, 2021 Christopher D. Denny, Esq. (TYPE OR PRINT NAME) (SIGST(ITURE OF PARTY OR ATTORNETIEOR PARTYI NOTICE ~ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or c i d under the Probate Code, Family Code, or Welfare and Institutions Code). (Gal. Rules of Court, rule 3.220.) Failure file ma esult 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 will be used for statistical purposes only. P 0 1 of2 CIVIL CASE COVER SHEET Cal. Rules of Couh, rules 2 30, 3 220, 3 400-3 403, 3 740,Cal. Standards of Judkaei Admiokslyatioo, std 3 Ie Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/1/2021 12:00 AM Reviewed By: D Harris Case #21CV381455 Envelope: 6148897 21CV381455 INSTRUCTIONS ON 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. 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 subiect 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 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 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 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. CASE TYPES AND EXAMPLES Auto Tort Contract provisionally Complex Civil Litigation(Cal. Auto (22)-Personal In/ury/Property Breach of ContracuWarranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (1/the Contract (not unlawful detainer Construction Defect (10) case involves an uninsured Claims Involving Mass Tort (40) mo/or/st claim subject to Contract/Warranty Breach-Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or neg//gencej Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other Pl/PD/WD (Personal injury/ Warranty (ansing from provisionally complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos property Damage Collection Case-Seller Plaintiff Abstract of Judgment (Out ofOther Promissory Note/Collections Wrongful Death Confession of Judgment (non- Product Liability (no/ asbestos or Insurance Coverage (nor provisionally domestic relations) toxic/environmental) (24) corn /ex (18 Sister State Judgment Medical Malpractice (45) Administrative Agency Award Medical Malpractice- Other Coverage (not unpaid taxes) Physicians 8 Surgeons Other Contract (3 )7) Petition/Cerlification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other Pl/PD/WD (23) Case Premises Liability (e.g., slip Eminent Domam/Inverse Miscellaneous Civil Complaint and fall) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not speafffedOther Real Property (e.g, quiet title) (26) above) (42) Intentional Infliction of Writ of Possession of Real Property Declaratory Rehef Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non- Negligent Infliction of harassment) Other Real Property (nof eminent Mechanics Lien Other Pl/PD/WD domain, /and/ordllenant, or Other Commercial Complaint Non-Pl/PD/WD (Other) Tort Case (non-/ort/non-comp/ex) Business Tort/Unfair Business Unlawful Detamer Other Civil Complaint Practice (07) (non-lorrlnon-complex) Civil Rights (e.g., discrimination, Residential (3 !2! Miscellaneous Civil Petition false arrest) (no/ civil Drugs (38) (//the case invo/ves ///ega/ Partnership and Corporate drugs, check this item; otherwise, Governance (21) Defamation (e.g., slander, libel) report as Commercial or Res/den//a/) Other Petition (not specified (13) Judicial Review above) (43)Asset Forfeiture (05) Civil Harassment Petition Re: Arbitration Award (11) Workplace Violence Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult Writ-Administrative Mandamus Abuse Other Professional Malpractice Wnt-Mandamus on Limited Court Election Contest (not medical or legal) Petition for Name Change Other Non-Pl/PD/WD Tort (35) Writ-Other Limited Court Case Petition for Relief From Late Employment Claim Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition Review of Health Officer Order Notice of Appeal-Labor Commissioner Aooeals Cufnclnev Joly1,2007) CIVIL CASE COVER SHEET Page 2 of 2