A civil case cover sheet must be filed with a complaint.
However, the Plaintiff sometimes fails to file the required civil case cover sheet (Cal. Rules of Court, rule 3.220(a); Judicial Council form CM-010). (The purpose of the civil case cover sheet addendum is to identify the appropriate venue.)
The Court has inherent authority to enter retroactive orders. (See Scalice v. Performance Cleaning Systems (1996) 50 Cal.App.4th 221, 238-239.) Per California Rules of Court, rule 2.100, “No trial court, or any division or branch of a trial court, may enact or enforce any local rule concerning the form or format of papers.” (Cal. Rules of Court, rule 2.100, subd. (a).) While this rule permits the clerk to refuse to file a paper that does not conform to the California Rules of Court, it precludes the clerk from refusing to file a paper that does not conform to a local rule. (See Carlson v. State of California Department of Fish & Game (1998) 68 Cal.App.4th 1268, 1272.)
The clerk may not reject papers solely because plaintiff fails to file a civil case cover sheet required by the California Rules of Court or similar local rule, or provides an incorrect or incomplete cover sheet. (Cal. Rules of Court, Rule 3.220(c); Mito v. Temple Recycling Ctr. Corp. (2010) 187 Cal. App. 4th 276, 280 (complaint improperly rejected because not accompanied by civil case cover sheet required by L.A. Sup.Ct. Rule 2.3(a)(1)(C)).)
The potential consequences for failure to comply with local rules are set forth at CCP § 575.2, which provides:
But a Court may impose sanctions for failing to respond to an Order to Show Cause Re: Monetary Sanctions (hereinafter “OSC”) for failure to file a Civil Case Cover Sheet as required by CRC Rule 3.220(a).
However, the Court will not take judicial notice of the truth of the matters asserted in the Civil Case Cover Sheet addendum and Statement of Location filed on 4/2/19. (RJN, Exh. 1.) Plaintiff’s 6/16/20 request for judicial notice of Civil Code §1624(a) is denied. The Court need not take judicial notice of the existence to the statute to rely on it in issuing its ruling. By way of background, Plaintiff, in pro per, filed her complaint on April 2, 2019, against of Defendant Patrick I.
Jul 10, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Plaintiffs seek costs for $435.00 for the Complaint, Summons, Civil Case Cover Sheet, Cert of Assignment, $100.01 for Ex Parte Application, Declaration and Prop. Order, $22.30 for Notice of Ruling on Ex Parte Application, and $11.16 for Notice of Cancellation of Informal Discovery Conference. Code of Civil Procedure section 1033.5 expressly allows the prevailing party to recover these costs. (Code Civ. Proc., § 1033.5, subd. (a)(1).)
Jul 09, 2020
Los Angeles County, CA
The Court deemed that Plaintiff’s Civil Case Cover Sheet, Summons and Complaint were filed on June 5, 2019. Third Cause of Action, Mechanic’s Lien: OVERRULED The Mechanic’s Lien was recorded in the Los Angeles County’s Recorder’s Office on March 7, 2019. Plaintiff had ninety days after recording to file the suit to enforce the mechanic’s lien. (Civ. Code § 8460(a).) Therefore, the deadline to file suit was June 5, 2019.
Jul 07, 2020
Contract
Breach
Los Angeles County, CA
Plaintiff shall file and serve a completed civil case cover sheet addendum pursuant to Santa Barbara County Superior Court Local Rules, rule 1310, on or before July 16, 2020. Background: (1) Plaintiff’s Complaint On December 16, 2019, plaintiff Natalie Hockey filed her complaint in this action against defendant Brighton Collectibles, LLC (Brighton). The complaint alleges one cause of action for penalty wages pursuant to Labor Code section 203.
Jul 01, 2020
Santa Barbara County, CA
There was no complaint, ADR package, civil case cover sheet, notice of assignment, standing case management order, or notice of acknowledgment and receipt included; only a copy of the request for entry of default. Defendant declares that the request for entry of default was the first time he learned that this case had been filed against him, as he had not previously been served with any summons and complaint, nor had he been provided with any prior notice regarding this action. (Mahaffie Decl., ¶ 3.)
Jul 01, 2020
San Luis Obispo County, CA
The clerk, however, had rejected the filing on the basis that Plaintiffs had failed to attach the “Civil Case Cover Sheet Addendum and Statement of Location” (the Cover Sheet) required by LASC Local Rule.” (Ibid.) The Court of Appeal agreed with Plaintiffs’ contention that California Rules of Court Rule 3.220(c) required the clerk to file the complaint despite the absence of this “Cover Sheet” and remanded the case to the trial court with directions to treat the complaint as filed on July 24, 2008. (Ibid.)
Jun 23, 2020
Employment
Wrongful Term
Los Angeles County, CA
The clerk, however, had rejected the filing on the basis that Plaintiffs had failed to attach the “Civil Case Cover Sheet Addendum and Statement of Location” (the Cover Sheet) required by LASC Local Rule.” (Ibid.) The Court of Appeal agreed with Plaintiffs’ contention that California Rules of Court Rule 3.220(c) required the clerk to file the complaint despite the absence of this “Cover Sheet” and remanded the case to the trial court with directions to treat the complaint as filed on July 24, 2008. (Ibid.)
Mar 17, 2020
Employment
Wrongful Term
Los Angeles County, CA
Each Proof of Service for each Moving Defendant indicates that the following documents were served: summons, complaint, ADR package, Civil Case Cover Sheet. None of the Proofs of Service indicate that a Form CIV-105 or other type of Doe Amendment document was served upon Moving Defendants. (See Decl. of Moving Def.’s, Exh. A.)
Mar 11, 2020
Personal Injury/ Tort
Fraud
Richard E. Rico or Jon R. Takasugi
Los Angeles County, CA
Plaintiff explains the documents were rejected online because the Complaint and the Civil Case Cover Sheet were impermissibly filed as one document. (Id.) A demurrer can be utilized where the dates in the complaint demonstrate that the cause of action is barred by the applicable statute of limitations. (Vaca v. Wachovia Mortg. Corp. (2011) 198 Cal.App.4th 737, 746.) An action for personal injury must be brought within two years. (Code Civ. Proc., § 335.1.)
Mar 02, 2020
James E. Blancarte
Los Angeles County, CA
Plaintiff requests that the court grant relief from the erroneous rejection and deem that the Civil Case Cover Sheet, Summons and Complaint were filed on June 5, 2019, or alternatively that it deem that the Civil Case Cover Sheet and Complaint were filed on June 5, 2019.
Feb 24, 2020
Contract
Breach
Los Angeles County, CA
The Court has received the Defendant, Pinnacle Plastering Inc.’s recent Civil Case Cover Sheet which has designated the case as a complex case. The Court will refer to the previous decision of October 25, 2019 regarding whether the matter is complex. Parties are free to present any appropriate motions should they seek reconsideration of the matter
Feb 13, 2020
Orange County, CA
Concurrently with the filing of the original complaint, plaintiffs filed their Civil Case Cover Sheet Addendum in which counsel for plaintiffs represents to the court that venue is proper in South County because “Plaintiffs Figueroa Mountain Brewing, LLC’s principal place of business is in Santa Barbara, California.” The FAC is based upon transactions involving written agreements between FMB and certain defendants.
Feb 07, 2020
Santa Barbara County, CA
On January 29, 2020, over thirty days after the deadline, Plaintiff filed a civil case cover sheet accompanied by three photocopies of x-ray photographs. Plaintiff asserts no facts or causes of action. Therefore, Defendant moves to dismiss this action.
Feb 07, 2020
Los Angeles County, CA
That same day, Petitioner also filed an amended proof of service indicating the Summons, Complaint, Civil Case Cover Sheet, and Notice of Hearing on Petition were served on Respondent on August 13, 2019 by certified mail. (12/2/19 Amended Proof of Service.) The Court finds that Petitioner’s supplemental papers demonstrate compliance with the service requirements for this Petition. Accordingly, this unopposed Petition is GRANTED. III. Conclusion & Order For the foregoing reasons, Petitioner Sandy M.
Feb 03, 2020
James E. Blancarte
Los Angeles County, CA
(One entry Schratz says is clerical, consists of drafting the civil case cover sheet, the summons, a proof of service, and finalizing the complaint. The court will not deduct any time from this entry.) Ms. Costin billed for 0.8 hr for rescheduling flights and a hotel for a witness. The court will not include this in compensable time. iv. Paralegal Work: CHP says that 73.4 hours billed at attorney time is for work that should have been done by paralegals.
Jan 17, 2020
Santa Barbara County, CA
Given Zurawski's position, Arrowood made another attempt to resolve the issue by bringing a subsequent Motion for Retroactive Amendment to Plaintiff's Civil Case Cover Sheet and Reclassification of Case from Limited Civil Case to an Unlimited Civil Case.
Jan 09, 2020
Contract
Contract - Other
San Diego County, CA
Given Zurawski's position, Arrowood made another attempt to resolve the issue by bringing a subsequent Motion for Retroactive Amendment to Plaintiff's Civil Case Cover Sheet and Reclassification of Case from Limited Civil Case to an Unlimited Civil Case.
Jan 09, 2020
Contract
Contract - Other
San Diego County, CA
Given Zurawski's position, Arrowood made another attempt to resolve the issue by bringing a subsequent Motion for Retroactive Amendment to Plaintiff's Civil Case Cover Sheet and Reclassification of Case from Limited Civil Case to an Unlimited Civil Case.
Jan 09, 2020
Contract
Contract - Other
San Diego County, CA
Tawansy that he was being served, he “placed the copies of the Complaint, Summons, and Civil Case Cover sheet on a ledge outside the office”, and informed Dr. Tawansy and a nurse that he was leaving copies of the summons and complaint. (Id., ¶¶4-5.) · In his December 12, 2019 declaration, Mr. Tumen states that on May 14, 2019, Plaintiff drove him to Dr. Tawansy’s office. (12/12/19 Tumen Decl., ¶¶ 1-2.)
Dec 27, 2019
Los Angeles County, CA
While Plaintiffs contend BC720435 was inadvertently or mistakenly filed in the Central District (Mo. at 14-15), Plaintiffs expressly certified in their civil case cover sheet that the Central District was the proper place for filing. The case was not filed in an improper district as unlimited civil cases may always be filed in the Central District. (LASC Local Rule 2.3(a)(1)(B).) Plaintiffs contend the convenience of witnesses and the ends of justice would be promoted by the transfer. (Mo. at 19-20.)
Dec 19, 2019
Real Property
Quiet Title
Los Angeles County, CA
MOTION TO STRIKE Plaintiff has also moved to strike portions of the first amended complaint, including paragraphs IT-3, IT-6, the words “punitive damages” in paragraph 14 and the checkmark next to punitive damages on the civil case cover sheet. Paragraphs IT-3 and IT-6 are contained within the cause of action for intentional infliction of emotional distress. Given that the Court has sustained the demurrer to that cause of action, the motion to strike those paragraphs is moot.
Dec 11, 2019
Personal Injury/ Tort
other
Los Angeles County, CA
The Civil Case Cover Sheet indicates that this is an unlimited civil case involving damages of more than $25,000.00. (Civil Case Cover Sheet, filed 6/10/19, p. 1.) The Complaint itself does not indicate that this is a limited civil case, and in fact, alleges medical specials of more than $1 million. (Compl., ¶26.) Plaintiffs filed the instant Motion to Reclassify Action on September 12, 2019. Defendant filed a notice of non-opposition on November 7, 2019.
Dec 05, 2019
James E. Blancarte or Serena R. Murillo
Los Angeles County, CA
Third, whatever it was intended to be, petitioner created much confusion by calling it a “petition” but then indicating otherwise on the civil case cover sheet. The clerk’s office was equally confused, giving this matter a regular civil case number (see “DF” in case number) rather than one for a special petition (“PT”), but then assigned this matter to a special judicial inventory which handles petitions, not ordinary civil litigation.
Nov 22, 2019
Orange County, CA
However, Plaintiff used the incorrect zip code in the Statement of Location on the civil case cover sheet. In the initial complaint, Plaintiff alleged the accident occurred at “Roscoe Blvd., ands [sic] Sebulveda Blvd., [sic] Panorama City, CA 91402,” which is the correct zip code for Panorama City. However, on the civil case cover sheet, Plaintiff incorrectly identified the zip code for Panorama City as 93535, which is a zip code in Lancaster.
Nov 21, 2019
Personal Injury/ Tort
Auto
Los Angeles County, CA
On the other hand, Code of Civil Procedure sections 435 and 436 do not appear to apply to statements made within the Civil Case Cover Sheet, which is a local, non-substantive form. Plaintiff is precluded, as a matter of law, from recovering punitive damages against a public entity. Gov. Code 818.
Nov 06, 2019
Personal Injury/ Tort
other
San Diego County, CA
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