Civil Case Cover Sheet

Cal. Super. - 6th Dist.March 30, 2021

QM! “G $????fifigflawmfiifi’fiefiy ifmffii’3‘63),fi’aséhel Zuckowich (#333615) m CMTUSEM" gaggiiug‘ngg-[agvon Road, Suite A162 I:leCtr°n'_cally Flled an Iego TELEPHONENO 858-279-7920 mo; 877-750-6335 liy SUpemr cw” °f CA’ ATrORNEY F0R(Name): Plaintiff On Deck Capital, Inc. bounty Of santa Clara! SUPERIOR coum' 0F CALIFORNIA, COUNTY 0F Santa Clara 0n 3/30/2021 2:43 PM STREETADDRESS: 191 North First Street Reviewed By: V. Taylor MAILING ADDRESS: 191 North FlrSt Street Case #21 CV381 520 CITY AND ZIP CODE: San Jose, CA 951 13 - BRANCH NAME Downtown Superior- Civil Division l=nve|0Pe: 6140080 CASE NAME: On Deck Capital, Inc. V. Encon Energy Conservation Company, Inc. CW"- CASE COVER SHEET Complex Case Deslgnatlon CASE NUMBERJI cv381 520 Unlimited D Limited (Amount (Amount E Counter E Jolnder JUDGE- 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 page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contra“ Provisionally Complex Clvll thlgatlon Auto (22) Breach of contract/wananty (06) (Cal. Rules of Court. rules 3.4004403) Uninsured motorist (46) D Rule 3.740 collections (09) E Antitrust/Trade regulation (03) Other Pl/PDIWD (Personal InjuryIProperty D Other collections (09) E Construction defect (10) DamageIWrongful Doath)Tort Insurance coverage (1e) E Masstort (40) ASbeStOS (04) E Other contract (37) E Securities litigation (28) Pr°d“°t'iabi'itY(24) RealProperty E Environmentalfroxicton(30) Medica' malpracuce (45) D Eminent domainlane'se E Insurance coverage clalms arlslng from theE Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case Non-PI/men (Other) Tort D Wrongful eviction (33) types (41)D Business tort/unfair business practice (07) E Other real property (26) enforcemmt of JUdgthE Civil rights (03) Unlawful Detalner E Enforcement ofludgment (20) E] Defamation (13) Commer0ial (31) Miscellaneous ClvllComplalntE Fraud (16) D Residentlal (32) E Rlco (27)E Intellectual property (19) E Drugs (38) D Other complaint (not specified above) (42)E Professional negligenoe(25) Jud'c'a' R°V'°W Miscellaneous Clvll PetltlonE Other ”°n'PI’PD/WD tort (35) E Asset fo'feiture (05) Pannership and corporate governance (21) Em loyment D Petition re: arbitratlon award (11) D Other petition (not specified above) (43) Wrongful termination (36) E Writ of mandate (02)E Other employment (15) D Otherjudicial review (39) 2. This case D is 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.E Large number of separately represented parties d.E Large number of witnesses b.E Extensive motion practice raising difficult or novel e.E Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties. states, or countries. or in a federal court c.E Substantial amount of documentary evidence f. D Substantial postjudgmentjudicial supervision Remedies sought (check all thatapply): a.- monetary ED nonmonetary; declaratory or injunctlve relief c. Epunitive Number of causes of action (specify): 1 This case E is is not a class action suit. If there are any known related cases. file and serve a notlce of related case. (You may use form CM-015.) omen 349““? ’9‘ ag4Christma Melhouse, Esq. ‘ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE o Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed underthe 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 onlyige 1 o. 2 Form Ado ted for Mandate Use Cal. Rules a! court, rules 2.30. 3220. 3.400-3.4034 3140; JudlclalpCouneil olCalImrr¥1la CIVIL CASE COVER SHEET Cal. Standards ofJudldal Admlnistration. m. 3.10 CM-O10 [Rev. July 1, 2007] www.oouninfo.ca.gov 9’9"?!” CM-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 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. ln 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 Collectlons 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-sen/ice 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 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 lnjury/Property Damage/Wrongful Death Uninsured Motorist (46) (Ifrhe case involves an uninsured motorist claim subject to arbitration. check this item instead ofAuto) Other PIIPDIWD (Personal Injury! Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongiul Death Product Liability (nor asbestos or toxIc/en vironmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g., sllp and fall) Intentional Bodily lnjury/PDIWD (9.9.. assault. vandalism) Intentional infliction of Emotional Distress Negligent lnfliction of Emotional Distress Other PIIPDIWD Non-PIIPDMID (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g.. discrimination. false arrest) (not civil harassment) (08) Defamation (3.9., slander. libel) (13) Fraud (16) Intellectual Property (19) Professlonal Negligence (25) Legal Malpractice Other Professional Malpractice (not medics! or legal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-O1O [Ram July 1. 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of RentaI/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach$eller Plaintiff {not fraud or negligence) Negllgent Breach of Contract! Warranty Other Breach of ContractIWarranty Collections (6.9.. money owed, open book accounts) (09) Collection Case-Seller Plalnmf Other Promissory NotelCollections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogaflon Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainllnverse 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, landlord/tenant, or foreclosure) Unlawful Detalner Commercial (31) Residential (32) Drugs (38) (if the case Involves Illegal drugs, check this Item: otherwise, report as Commerclal or Residenflal) Judlclal Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administratlve Mandamus Wrfl-Mandamus on lened Court Case Matter Writ-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 Litigatlon (Cal. Rules of Court Rules 3.400-3.403) AntitrustlTrade Regulation (03) Construction Defect (1 O) Claims Involving Mass Tort (40) Securities Litigation (28) Envlronmental/Toxlc Tort (30) Insurance Coverage Claims (arising from 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 Admlnistrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Clvll Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complalnt Case (non-ton/non-complex) Other Civil Complaint (non-tort/non-complex) Mlscellaneous Clvll Petltlon Plrtnershlp and Corporate Governance (21) Other Petltlon (not specified above) (43) Clvil Harassment Workplace Violence ElderlDependent Adult Abuse Election Contest Petition for Name Change Petltion for Relief From Late Claim Other Civil Petition Plga 2 0f 2