Civil Case Cover Sheet

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

Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/5/2021 2:21 PM Reviewed By: L. Imasa Case #21CV381522 Envelope: 6383607 21CV381522 ,1 . r d CM-01 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name) State Bar number, and address): JACK H. POGOSIAN, State Bar N0.: 305741 IMANASI TAHILIANI, State Bar N0.: 272821 / CHRISTINA ARNOLD, State Bar N0.: 297590 / HYO JIN JULIA JUNG, State Bar N0.: 316090/ MELINE GRIGORYAN, State Bar N0.: 321 133 / MICHAEL D. KAHN, State Bar N0.: 236898 / NICHOL ALAN DE GUZMAN, State Bar N0.: 314989 / CAMRYN P. BERK, State Bar N0.: 317565 MIDLAND FUNDING LLC 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 TELEPHONE N0.: (866) 300-8750 A‘ITOHNEY FOR (Name): MIDLAND FUNDING LLC FAX N0.: (858) 309-1588 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 191 N. FIRST ST CITY AND ZIP CODE: SAN JOSE, CA 951 13 BRANCH NAME: DOWNTOWN SUPERIOR COURT CASE NAME: MIDLAND FUNDING LLC VS. JUANA PADRON Complex Case Designation D Counter D Joinder Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) CIVIL CASE COVER SHEET Unlimited Case Limited Case (Amount demanded (Amount demanded exceeds $25,000) is $25,000 or less) CASE NUMBER: JUDGE: 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) Breach of conlract/warranty (06) D Uninsured motorist (46) E Rule 3.740 collections (09) Other PIIPDIWD (Personal Injury/Property D Other collections (09) DamageIWrongful Death) Tort D Insurance coverage (1 B)D ASbeStos (04) D Othercontract (37)D Product liability (24) Real PropenyD Medical malpraCtice (45) Eminent domain/Inverse condemnation (14) D Other PI/PDNVD (23) Wrongful eviction (33) Non-PI/PD/WD (Other) Tort D omer real propeny (26) Business tort/unfair business practice (07) Unlawful Detainer D Civil rights (08) Commercial (s1) D Defamation (13) D Residentiax (32) D Fraud (1e) D Drugs (38) D Intellectual property(19) Judicial Review D Professional negligence (25) Asset forfeiture (05) D Other non-PI/PD/wo ton (35) D Petition re: amitration award (11) Employment D Writ of mandate (02) Wrongful termination (36) D other judicial review (39) D Other employment (15) Provisionally Complex Civil Litigation Eal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) D Construction defect (10) D Mass tort (40) D Securities litigation (28) D Environmentalfl’oxic ton (30) D 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) D Other complaint (no: specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) D Other petition (not specified above) (43) 2. This caseD Is judicial management: a. Large number of separately represented parties d. b. Extensive motion practice raising difficult or novel e. issues that will be 1ime-consuming to resolve c. D Substantial amount of documentary evidence E . Number of causes of action (specify): ONE . This case D is is not a class action suit.Ummho: ate: JACK H. POGOSIAN/ MANASI TAHILIANI CHRISTINA ARNOLD/ HYO JIN JULIA JUNG MELINE GRIGORYAN/ MICHAEL D. KAHN NICHOL ALAN DE GUZMAN IDCAMRYN P. BERK b is not complex under rule 3.400 of the California Rules of Coun. If the case is complex, mark the factors requiring exceptional Large number of witnesses Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. D Substantial post judgment judicial supervision . Remedies sought (check all that apply): a. E monetary b. D non monetary; declaratory or injunctive relief c. punitive . If mere are any known rfilated cases, file and serve a notice of related case. (You may use form CM-015.) v6. jLYPE OH PRINT NAME) SIGNATURE OF PARTY OR A'I'I'ORNEY FOR PARTY) 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. 0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California CM-O10 [Rem July 1, 2007] CA_OIOOG File N0.: 19-176243 Cal. Rules 01 Cou rt, rules 2.30, 3.220. 3.400-3403. 3.740; Cal. Standards of Judicial Administration, std. 3.10 CIVIL CASE COVER SHEET I CM-010 INSTRUCTIONS ON HOW T0 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 Sheetcontained 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 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 0f 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 0f 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 t0 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 Sheetto designate whether the case is complex. lf 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. lf 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)-Persona| Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (If the case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other Pl/PD/WD (Personal Injury/ Property DamagelWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal |njury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily |njury/PDNVD (e.g., assault, vandalism) Intentional lnfliction 0f Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-PI/PDNVD (Other) Tort Business Tort/Unfair Business Practice (O7) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (non medical or legal) Other Non-Pl/PDNVD Tori (35) Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer 0r wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) 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 (not provisionally complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quite title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quite Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (O2) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 O) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic 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 Administrative Agency Award (not unpaid taxes) Petition/Certification 0f Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-comp/ex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence EIder/Dependent Adult Abuse EIection Contest Petition for Name Change Petition for Relief from Late C|aim Other Civil Petition CM-o1o [Rev. July 1, 2007] CA_0100G File N0.: 19-176243 CIVIL CASE COVER SHEET Page 2 of 2