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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Kevin Fisher (Bar No. 131455)
Fisher & Krekorian, 2121 Park Drive, Los Angeles, CA 90026
TELEPHONE NO.: 310-862-1225 FAX NO. :
EMAIL ADDRESS: rkf@fkslaw.net
ATTORNEY FOR (Name): Plaintiff Earthzi Food Company LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
STREET ADDRESS: 9425 Penfield Ave.
MAILING ADDRESS:
CITY AND ZIP CODE: Chatsworth, CA 91311
BRANCH NAME: Chatsworth Courthouse
CASE NAME:
Earthzi Food Company LLC vs. West Foods, Inc., et al.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
Unlimited Limited Counter Joinder
(Amount (Amount
Filed with first appearance by defendant JUDGE:
demanded demanded is
(Cal. Rules of Court, rule 3.402)
exceeds $35,000) $35,000 or less) 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 Provisionally Complex Civil Litigation
Auto (22) Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400–3.403)
Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property Other collections (09) Construction defect (10)
Damage/Wrongful Death) Tort Mass tort (40)
Insurance coverage (18)
Asbestos (04) Other contract (37) Securities litigation (28)
Product liability (24) Environmental/Toxic tort (30)
Real Property
Medical malpractice (45) Insurance coverage claims arising from the
Eminent domain/Inverse
Other PI/PD/WD (23) above listed provisionally complex case
condemnation (14)
types (41)
Non-PI/PD/WD (Other) Tort Wrongful eviction (33) Enforcement of Judgment
Business tort/unfair business practice (07) Other real property (26) Enforcement of judgment (20)
Civil rights (08) Unlawful Detainer
Miscellaneous Civil Complaint
Defamation (13) Commercial (31)
RICO (27)
Fraud (16) Residential (32)
Other complaint (not specified above) (42)
Intellectual property (19) Drugs (38)
Miscellaneous Civil Petition
Professional negligence (25) Judicial Review
Partnership and corporate governance (21)
Other non-PI/PD/WD tort (35) Asset forfeiture (05)
Employment Petition re: arbitration award (11) Other petition (not specified above) (43)
Wrongful termination (36) Writ of mandate (02)
Other employment (15) Other judicial review (39)
2. This case 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:
d. Large number of witnesses
a. Large number of separately represented parties
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
court
c. Substantial amount of documentary evidence Substantial postjudgment judicial supervision
f.
3. Remedies sought (check all that apply): a. monetary b. nonmonetary; declaratory or injunctive relief c. punitive
4. Number of causes of action (specify): Two (2)
5. This case is 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 16, 2024
Kevin Fisher
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY 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.
• 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 Cal. Rules of Court, rules 2.30, 3.220, 3.400–3.403, 3.740;
Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10
CM-010 [Rev. January 1, 2024] www.courts.ca.gov
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 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, 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
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. CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Civil Litigation (Cal.
Auto (22)–Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400–3.403)
Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach–Seller Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Tort Other Breach of Contract/Warranty case type listed above) (41)
Asbestos (04) Collections (e.g., money owed, open Enforcement of Judgment
Asbestos Property Damage book accounts) (09) Enforcement of Judgment (20)
Asbestos Personal Injury/ Collection Case–Seller Plaintiff Abstract of Judgment (Out of County)
Wrongful Death Other Promissory Note/Collections Case Confession of Judgment (non-domestic
Product Liability (not asbestos or Insurance Coverage (not provisionally relations)
toxic/environmental) (24) complex) (18) Sister State Judgment
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Medical Malpractice– Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment Case
Other PI/PD/WD (23) Real Property Miscellaneous Civil Complaint
Premises Liability (e.g., slip Eminent Domain/Inverse RICO (27)
and fall) Condemnation (14) Other Complaint (not specified above) (42)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Declaratory Relief Only
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Injunctive Relief Only (non-
Intentional Infliction of Writ of Possession of Real Property harassment)
Emotional Distress Mortgage Foreclosure Mechanics Lien
Negligent Infliction of Quiet Title Other Commercial Complaint
Emotional Distress Other Real Property (not eminent Case (non-tort/non-complex)
Other PI/PD/WD domain, landlord/tenant, or Other Civil Complaint
Non-PI/PD/WD (Other) Tort foreclosure) (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Miscellaneous Civil Petition
Practice (07) Commercial (31) Partnership and Corporate
Civil Rights (e.g., discrimination, Residential (32) Governance (21)
false arrest) (not civil Drugs (38) (if the case involves illegal Other Petition (not specified above) (43)
harassment) (08) drugs, check this item; otherwise, Civil Harassment
Defamation (e.g., slander, libel) (13) report as Commercial or Residential) Workplace Violence
Fraud (16) Judicial Review Elder/Dependent Adult Abuse
Intellectual Property (19) Asset Forfeiture (05) Election Contest
Professional Negligence (25) Petition Re: Arbitration Award (11) Petition for Name Change
Legal Malpractice Writ of Mandate (02) Petition for Relief From Late Claim
Other Professional Malpractice Writ–Administrative Mandamus Other Civil Petition
(not medical or legal) Writ–Mandamus on Limited Court
Other Non-PI/PD/WD Tort (35) Case Matter
Employment Writ–Other Limited Court Case Review
Wrongful Termination (36) Other Judicial Review (39)
Other Employment (15) Review of Health Officer Order
Notice of Appeal–Labor Commissioner
Appeals
CM-010 [Rev. January 1, 2024] Page 2 of 2
CIVIL CASE COVER SHEET
SHORT TITLE CASE NUMBER
CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION
(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)
This form is required pursuant to Local Rule 2.3 in all new civil case filings in the Los Angeles Superior Court
Step 1: After completing the Civil Case Cover Sheet (Judicial Council form CM-010), find the exact case type in
Column A that corresponds to the case type indicated in the Civil Case Cover Sheet.
Step 2: In Column B, check the box for the type of action that best describes the nature of the case.
Step 3: In Column C, circle the number which explains the reason for the court filing location you have chosen.
Applicable Reasons for Choosing Courthouse Location (Column C)
1. Class Actions must be filed in the Stanley Mosk Courthouse, Central District. 7. Location where petitioner resides.
2. Permissive filing in Central District. 8. Location wherein defendant/respondent functions wholly.
3. Location where cause of action arose. 9. Location where one or more of the parties reside.
4. Location where bodily injury, death or damage occurred. 10. Location of Labor Commissioner Office.
5. Location where performance required, or defendant resides. 11. Mandatory filing location (Hub Cases – unlawful detainer, limited
non-collection, limited collection).
6. Location of property or permanently garaged vehicle.
A B C
Civil Case Cover Type of Action Applicable
Sheet Case Type (check only one) Reasons (see
Step 3 above)
Auto (22) 2201 Motor Vehicle – Personal Injury/Property Damage/Wrongful 1, 4
Auto Tort
Death
Uninsured Motorist 4601 Uninsured Motorist – Personal Injury/Property 1, 4
(46) Damage/Wrongful Death
Other Personal 2301 Premise Liability (e.g., dangerous conditions of property, 1, 4
Injury/ Property slip/trip and fall, dog attack, etc.)
Other Personal Injury/ Property
Damage/ Wrongful
Damage/ Wrongful Death
Death (23) 2302 Intentional Bodily Injury/Property Damage/Wrongful Death 1, 4
(e.g., assault, battery, vandalism, etc.)
2303 Intentional Infliction of Emotional Distress 1, 4
2304 Other Personal Injury/Property Damage/Wrongful Death 1, 4
2305 Elder/Dependent Adult Abuse/Claims Against Skilled Nursing 1, 4
Facility
2306 Intentional Conduct – Sexual Abuse Case (in any form) 1, 4
LASC CIV 109 Rev. 01/23 CIVIL CASE COVER SHEET ADDENDUM LASC Local Rule 2.3
For Mandatory Use AND STATEMENT OF LOCATION
SHORT TITLE CASE NUMBER
A B C
Civil Case Cover Type of Action Applicable
Sheet Case Type (check only one) Reasons (see
Step 3 above)
2307 Construction Accidents 1, 4
2308 Landlord – Tenant Habitability (e.g., bed bugs, mold, etc.) 1, 4
Product Liability (24) 2401 Product Liability (not asbestos or toxic/ environmental) 1, 4
Other Personal Injury/
Property Damage/
Wrongful Death
1, 3, 5
2402 Product Liability – Song-Beverly Consumer Warranty Act (CA
Civil Code §§1790-1795.8) (Lemon Law)
Medical Malpractice 4501 Medical Malpractice – Physicians & Surgeons 1, 4
(45)
4502 Other Professional Health Care Malpractice 1, 4
Business Tort (07) 0701 Other Commercial/Business Tort (not fraud or breach of 1, 2, 3
Damage/Wrongful Death
contract)
Civil Rights (08) 1, 2, 3
Injury/Property
0801 Civil Rights/Discrimination
Non-Personal
Defamation (13) 1301 Defamation (slander/libel) 1, 2, 3
Tort
Fraud (16) 1601 Fraud (no contract) 1, 2, 3
Professional 2501 Legal Malpractice 1, 2, 3
Negligence (25)
2502 Other Professional Malpractice (not medical or legal) 1, 2, 3
Other (35) 3501 Other Non-Personal Injury/Property Damage Tort 1, 2, 3
Wrongful 3601 Wrongful Termination 1, 2, 3
Employment
Termination (36)
Other Employment 1501 Other Employment Complaint Case 1, 2, 3
(15)
1502 Labor Commissioner Appeals 10
Breach of Contract / 0601 Breach of Rental/Lease Contract (not unlawful detainer or 2, 5
Warranty (06) wrongful eviction)
(not insurance)
0602 Contract/Warranty Breach – Seller Plaintiff (no 2, 5
fraud/negligence)
0603 Negligent Breach of Contract/Warranty (no fraud) 1, 2, 5
0604 Other Breach of Contract/Warranty (no fraud/ negligence) 1, 2, 5
Contract
0605 Breach of Rental/Lease Contract (COVID-19 Rental Debt) 2, 5
Collections (09) 0901 Collections Case – Seller Plaintiff 5, 6, 11
0902 Other Promissory Note/Collections Case 5, 11
0903 Collections Case – Purchased Debt (charged off consumer debt 5, 6, 11
purchased on or after January 1, 2014)
0904 Collections Case – COVID-19 Rental Debt 5, 11
Insurance Coverage 1801 Insurance Coverage (not complex) 1, 2, 5, 8
(18)
LASC CIV 109 Rev. 01/23 CIVIL CASE COVER SHEET ADDENDUM LASC Local Rule 2.3
For Mandatory Use AND STATEMENT OF LOCATION
SHORT TITLE CASE NUMBER
A B C
Civil Case Cover Type of Action Applicable
Sheet Case Type (check only one) Reasons (see
Step 3 above)
Other Contract (37) 3701 Contractual Fraud 1, 2, 3, 5
(Continued)
Contract
3702 Tortious Interference 1, 2, 3, 5
3703 Other Contract Dispute (not breach/insurance/fraud/ 1, 2, 3, 8, 9
negligence)
Eminent Domain/ 1401 Eminent Domain/Condemnation 2, 6
Inverse Number of Parcels _________
Condemnation (14)
Real Property
Wrongful Eviction 3301 Wrongful Eviction Case 2, 6
(33)
Other Real 2601 Mortgage Foreclosure 2, 6
Property (26) 2602 Quiet Title 2, 6
2603 Other Real Property (not eminent domain, 2, 6
landlord/tenant, foreclosure)
Unlawful Detainer 3101 Unlawful Detainer – Commercial (not drugs or wrongful 6, 11
– Commercial (31) eviction)
Unlawful Detainer
Unlawful Detainer 3201 Unlawful Detainer – Residential (not drugs or wrongful 6, 11
– Residential (32) eviction)
Unlawful Detainer 3401 Unlawful Detainer – Post Foreclosure 2, 6, 11
– Post Foreclosure
(34)
Unlawful Detainer 3801 Unlawful Detainer – Drugs 2, 6, 11
– Drugs (38)
Asset Forfeiture 0501 Asset Forfeiture Case 2, 3, 6
(05)
Petition re 1101 Petition to Compel/Confirm/Vacate Arbitration 2, 5
Arbitration (11)
Judicial Review
Writ of Mandate 0201 Writ – Administrative Mandamus 2, 8
(02) 0202 Writ – Mandamus on Limited Court Case Matter 2
0203 Writ – Other Limited Court Case Review 2
Other Judicial 3901 Other Writ/Judicial Review 2, 8
Review (39)
3902 Administrative Hearing 2, 8
3903 Parking Appeal 2, 8
Antitrust/Trade 0301 Antitrust/Trade Regulation 1, 2, 8
Provisionally
Regulation (03)
Litigation
Complex
Asbestos (04) 0401 Asbestos Property Damage 1, 11
0402 Asbestos Personal Injury/Wrongful Death 1, 11
LASC CIV 109 Rev. 01/23 CIVIL CASE COVER SHEET ADDENDUM LASC Local Rule 2.3
For Mandatory Use AND STATEMENT OF LOCATION
SHORT TITLE CASE NUMBER
A B C
Civil Case Cover Type of Action Applicable
Sheet Case Type (check only one) Reasons (see
Step 3 above)
Construction 1001 Construction Defect 1, 2, 3
Defect (10)
Provisionally Complex
Claims Involving 4001 Claims Involving Mass Tort 1, 2, 8
Mass Tort (40)
(Continued)
Litigation
Securities Litigation 2801 Securities Litigation Case 1, 2, 8
(28)
Toxic Tort 3001 Toxic Tort/Environmental 1, 2, 3, 8
Environmental (30)
Insurance Coverage 4101 Insurance Coverage/Subrogation (complex case only) 1, 2, 5, 8
Claims from
Complex Case (41)
Enforcement of 2001 Sister State Judgment 2, 5, 11
Judgment (20)
Enforcement of
2002 Abstract of Judgment 2, 6
Judgment
2004 Administrative Agency Award (not unpaid taxes) 2, 8
2005 Petition/Certificate for Entry of Judgment Unpaid Tax 2, 8
2006 Other Enforcement of Judgment Case 2, 8, 9
RICO (27) 2701 Racketeering (RICO) Case 1, 2, 8
Miscellaneous Civil
Other Complaints 4201 Declaratory Relief Only 1, 2, 8
Complaints
(not specified
4202 Injunctive Relief Only (not domestic/harassment) 2, 8
above) (42)
4203 Other Commercial Complaint Case (non- 1, 2, 8
tort/noncomplex)
4204 Other Civil Complaint (non-tort/non-complex) 1, 2, 8
Partnership 2101 Partnership and Corporation Governance Case 2, 8
Corporation
Miscellaneous Civil Petitions
Governance (21)
Other Petitions 4301 Civil Harassment with Damages 2, 3, 9
(not specified
4302 Workplace Harassment with Damages 2, 3, 9
above) (43)
4303 Elder/Dependent Adult Abuse Case with Damages 2, 3, 9
4304 Election Contest 2
4305 Petition for Change of Name/Change of Gender 2, 7
4306 Petition for Relief from Late Claim Law 2, 3, 8
4307 Other Civil Petition 2, 9
LASC CIV 109 Rev. 01/23 CIVIL CASE COVER SHEET ADDENDUM LASC Local Rule 2.3
For Mandatory Use AND STATEMENT OF LOCATION
SHORT TITLE CASE NUMBER
Step 4: Statement of Reason and Address: Check the appropriate boxes for the numbers shown under Column
C for the type of action that you have selected. Enter the address, which is the basis for the filing location
including zip code. (No address required for class action cases.)
REASON: ADDRESS:
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11
CITY: STATE: ZIP CODE:
Step 5: Certification of Assignment: I certify that this case is properly filed in the
Chatsworth______________ District of the Superior Court of California, County of Los Angeles [Code of Civ.
Proc., 392 et seq., and LASC Local Rule 2.3(a)(1)(E)]
Dated: ___________________ ____________________________________________
(SIGNATURE OF ATTORNEY/FILING PARTY
PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE
YOUR NEW COURT CASE:
1. Original Complaint or Petition.
2. If filing a Complaint, a completed Summons form for issuance by the Clerk.
3. Civil Case Cover Sheet Judicial Council form CM-010.
4. Civil Case Cover Sheet Addendum and Statement of Location form LASC CIV 109 (01/23).
5. Payment in full of the filing fee, unless there is a court order for waiver, partial or schedule payments.
6. A signed order appointing a Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or
petitioner is a minor under 18 years of age will be required by Court to issue a Summons.
7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this
addendum must be served along with the Summons and Complaint, or other initiating pleading in the
case.
LASC CIV 109 Rev. 01/23 CIVIL CASE COVER SHEET ADDENDUM LASC Local Rule 2.3
For Mandatory Use AND STATEMENT OF LOCATION