Civil Case Cover Sheet

Cal. Super. - 6th Dist.May 4, 2021

ATTORNEY OR PARTY WITHOUT AITORNEY /Name, State Sar numcer and address) Hunt ¹ Henriques, Attorneys at Law Donald Sherrill ¹266038 j j Adam Kidd ¹328520 7017 Realm Dr., San Jose, CA 95119 TELEPHONE NO. (800) 680-2426 Fax NO (408) 362-2299 ATTORNEY FOR INamef Plalntlff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDREss 1B1 Nonh First Street MAILING ADDRESS CITY AND ZIP CODE BRANCH NAME San Jose CA B5113 Downtown Supenor Court CASE NAME: TD BANK USA, N.A. v. A ANDRADEGARCIA AKA ALEJANDRA ANDRADE FOR COURT USE ONL 7 CM-010 CIVIL CASE COVER SHEET Complex Case Designation~ Unlimited CX] 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) DEPT. Items 1 -6 below must be completed (see instructions on paqe 2). 1. Check one box below for the case type that best descnbes this case: Auto Tort Contract Auto (22) Breach of contract/warranty (06) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Secunties Etigation (28) Environmental/Toxic tort (30) Insurance coverage claims aneing from the above Sated provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Misceganeo«s Civil Complaint RICO (27) Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) other petition /nor specified soove/ (43) DLl Rule 3.740 collections (09) Other collections (09) Insurance coverage (18) Other contract (37) Real Property Uninsured Motorist (46) Other PIA20/WD (Personal Injury/Property Damage/Wrongful Death) Tort Asbestos (04) C3 Product liability (24) Medical malpractice (45) Other Pl/PD/WD (23) Non-PUPD/WD (Other) Tort Business tort/unfair business practice (07) Civil rights (08) Defamation (13) Fraud (16) Intellectual property (19) Professional negligence (25) Eminent domafrglnverse condemnation (14) Wrongful eviction (33) Other real property (26) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) Judicial Review Other non-Pl/PD/WD tort (35) Employment Wrongful termination (36) Other employment (15) Asset forfeiture (05) Petition re: arbitration award (11) Writ of mandate (02) Other judicial review (39) 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. ~ Substantial postjudgment judimal supervision b. ~ nonmonetary, declaratory or inlunctive rehef c. M punitive 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015) Date: Apnl 20, 2021 2. This case M 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. M Lsrge 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 (chec¹ all that apply): a. QQ monetary 4. Number of causes of action (specify); 1 5. This case ~ is DO is not a class action suit. Adam Kidd ¹328520 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) Form Adopted for Mandalcc/ Uee Judhaal Ccucal of Califcraa CM-010 [Ray July I, 20071 NOTICE ~ 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. ~ Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. Pace f of2 CIVIL CASE COVER SHEET Cal Ruiae of Court, rules 2 30, 3 220, 3 400-3 403, 3 740,cal standards of Juchcial Adminialralicn, aid 3 10 ww coun nic ca gc 1446946.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/4/2021 4:05 PM Reviewed By: L. Imasa Case #21CV381518 Envelope: 6375623 21CV381518 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs snd 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 I 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 in item I, 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 m completing the sheet, examples of the cases that belong under each case type in item I are provided below. A cover sheet must be filed only with your initial paper. Failure to fife 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 certam 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 identificatior 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 obtaming a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheel to designate whether the case io 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 I and 2. If a plamtiff 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 ]oinder 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 Injury/Property Damage/Wrongful Death Uninsured Motonst (46) (i/ rhe case involves an unrnsured matanst c/aim subject to araitrafion, check /his item instead 0/ Auto) Other Pl/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal In]ury/ Wrongful Death Product Liability (nal asbestos ar toxiclenvironmentali (24'edicalMalpractice (45) Medical Malpractice- Physioans 8 Surgeons Other Professional Health Ca e Malpractice Other Pl/PD/WD (23) Premises Lisbikty (s.g., skp and fall) Intentional Bodily In] &/PDVID (e.g., assault, vandalism) 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) (nor ovif harassment)(08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Properly (19) Professional Negkgence (25) Legal Malpractice Other Professional Malpractice /nor medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-0] 0 inou July 1, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rentai/Lease Contract (nor un/awfu/ de/amer or wrongful evicrian) Contract/Warranty Breach-Seller Plaintiff /nor fraud or negirgence) Negsgsnt 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 (not provisionally comp/ex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation(14) Wrongful Evicson (33) Other Real Properly (e.g, quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (no/ eminent domain, lendloralrenenl, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) /i/ the case invo/ves i//ega/ drugs, check this i/em; othenvise, report as Commercial or Residen/ia/) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Wnt-Administrative Mandamus Wnt-Mandamus on Limited Court Case Matter Wrrt-Other Limited Court Case Review Other Judicial 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 Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (ansing /rom prov/siona//y complex case lype listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic re]a/iona) Sister State Judgment Administrative Agency Award (nof unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not speofied shove) (42) Declaratory Relief Only Injunctive Relief Onfy (nan- harassment) Mechanics Lien Other Commercial Complaint Case (nan-larflnon-comp/ex) Other Civil Complaint (non-rortlnan-camp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (nol specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Poco 2 of 2 1446946.001