Civil Case Cover Sheet

Cal. Super. - 6th Dist.May 5, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Nsma, Slala Bar number and addmssl Hunt & Hennques, Attorneys at Law Donald Sherrill ¹266038 j j Keri L Salet ¹318913 7017 Realm Dr., San Jose, CA 95119 TELEPHONE NO (800) 680-2426 ATTORNEY FOR (Namal Plafntiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND ZIP CODE San Jose CA 95113 BRANcH NAME Downtown Supenor Court Fnx No (408) 362-2299 CASE NAME: Capital One Bank (USA), N.A. v CATHLEEN D FREED FOR COURT'SE ONLY Cliff-010 CASE NUMBERCIVIL CASE COVER SHEET Complex Case DesignationM Unlimited M Limited (Amount (Amount Counter Joinder demanded demanded Is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT Items 1 -5 below must be comp/cled /see instructions on page 2). 1. Check one box below for the case type that best describes this case; Auto Tort Contract Auto (221 Breach of contract/warranty (06) Uninsured Motonst (46) QE 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 habilihl (24) Real Property Medical malpractice (45) Em(nant domain/Inverse Other P¹PD/WD (23) condemnation (14) Non-Pl/PD/WD (Other) Tort Wrongful eviction (33) Bus(ness tort/unfair bus(ness practice (07) Other real propeny (26! Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Fraud (16) Res(dent(el (32) intellectual property (19) Drugs (38) Professional negligence (25) Judicial Review Other non-Pl/PDA/YD tort (35) Asset fodefture (05) Employment Petit(on re: arbitration award (11) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other iudfxxal review (39) 2. This case LJ is ~X 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 raisfng diff(cult or novel issues that wfll be time-consuming to resolve c. ~ Substantial amount of documentary evidence 3. Remedies sought (check a/I that apply): a. C}H monetary 4. Number of causes of action (specify): I 5. This case ~ is HU 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: April 29, 2021 (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulatfon (03) Construction defect (10) Mass tort (40) Secuntfes htfgatfon (28) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) Other complafnt (not specified abave) (42) Miscellaneous Civil Petition Pannership and corporate governance (21) other petition (nor specified above) (43) d. ~ Large number of witnesses e. ~ Coordination and related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. ~ Substantfal postludgment iudfcial supervision b. H nonmonetary; declaratory or injunctfve rehef C.M punitive Keri L. Salet ¹318913 (TYPE OR PRINT NAME) Form Adopted for Mandatory Usa Jud aal Ccunal of Cahfurnia OM-010 (Rav July I 20071 NOTICE ~ Plaintiff must file this cover sheet with the first paper filed in the action or proceedfng (except small cia(ms 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 shall be used for statistical purposes only. Page I of 2 CIVIL CASE COVER SHEET Cal Rulas cf Ccurl, rulas 2 30, 3 220, 3 400-3 403, 3 740Cal Standards of Judicial Administration std 3 10 www ccunrnfu cs gcr 1453755.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/5/2021 11:16 AM Reviewed By: R. Cachux Case #21CV381480 Envelope: 6381086 21CV381480 Cll/I-01 0 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 mvil case, you must complete and file, along with your first paper, the C/vr/ 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 compfete 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, ansing trom a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (I) tort damages, (2) pumtive 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-serwce requirements and case management rules, unless a defendant files a responswe 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. fn complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff behaves 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 aff parties to the action. A defendant may file and serve no later than the time of its first appearance a loinder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plamtiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Inlury/Property Damage/Wrongful Death Uninsured Motonst (46) (rf the case involves an uninsured motonsi claim subject io arbitration, check this item instead of Auto) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (no/ asbestos or toxic/environmenta/) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other Pl/PD/WD (23) Premises Liability (e 9, slip and fall) Intentional Bodily Inlury/PD/WD (e.g., assault, vandaksm) Intentional 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., discnmination, false arrest) (nai civff harassment)(08) Defamation (e.g, slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice fnat medical or /egal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-010 taco July t, 2007I CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (noi un/awfu/ detainer ar wrongful ev/cl/on) Contract/Warranty Breach-Seller Plaintiff (nai /raud or neg/igence) 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 (nal provisionally comp/ex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation(14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Wnt of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (nat eminent domain, landlord/tenant, or /oreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (i/ the case involves illegal drugs, check this item; otherwise, repen as Commerwa/ or Residential) Judicial Review Asset Forfeiture (05) Pelition Re. Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Wnt-Other Limited Court Case Review Other Judidal Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rule 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defecl (10) Claims Involving Mass Tort (40) Secunties Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (ansrng fram 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) Petnion/Certificalion of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not speciffed above) (42) Declaratory Relief Only Iniunct:ve Relief Only (nan- harassment) Mechanics Lien Other Commerdal Complaint Case (non-iort/non-comp/ex) Other Civil Complaint (nan-ion/nanwompiex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (noi spew/ied shave/(43) Civil Harassment Workplace Violence Elder/Dependent Aduft Abuse Election Contest Petition for Name Change petition for Relief from Late Claim Other Civil Petition Page 2 of 2 1453755.001