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).
Plaintiff’s attorney must carefully utilize the Civil Case Cover Sheet in the future to avoid this confusion. Defendants, Stacy John Sanchez and Stacys In Home Care, Inc. demur to each and every cause of action in the complaint. They contend each cause of action is uncertain and also fails to state a cause of action. Initial Note On 6/30/20, by stipulation of the parties, Plaintiff filed a First Amended Complaint.
Sep 10, 2020
Other
Intellectual Property
Los Angeles County, CA
Defendants’ motion does not argue that the case was filed in an improper district, noting Plaintiff selected permissive filing in the Central District on the Civil Case Cover Sheet. (Mo. at 2; LASC Local Rule 2.3(a)(1)(B).) Defendants contend “the Southwest Judicial District is the more appropriate district where the action should be tried” based upon the convenience of witnesses and the ends of justice. (Mo. at 4.)
Sep 03, 2020
Employment
Other Employment
Los Angeles County, CA
The Civil Case Cover Sheet filed with the initial complaint completed “Step 4: Statement of Reason and Address” by checking reason 5, “location where performance required or defendant resides,” and using 4800 District Blvd. Vernon, CA 90058 as the relevant address. As a result, Plaintiff’s counsel certified the case was properly filed in the Southeast District.
Aug 27, 2020
Collections
Promisory Note
Los Angeles County, CA
TAF requests judicial notice of Plaintiffs’ original complaint, Plaintiffs’ Civil Case Cover sheet, Order of exemption from electronic filing, Plaintiffs’ First Amended Complaint, and Exhibit A to the SAC. Plaintiffs object to Disney’s request on the ground that the Court granted an order of exemption backdating the filing of the original complaint from February 21, 2019 to February 19, 2019.
Aug 26, 2020
Personal Injury/ Tort
other
Los Angeles County, CA
(Complaint, ¶¶ 10-12, 18; Civil Case Cover Sheet Addendum, last par.) The negative implication of putting off Vanden Berge’s counsel until the latest possible time is that Vanden Berge would present a different perspective on the class claims than counsel for Hightree. If preliminary approval of the settlement is granted, notice would be given of the settlement and Vanden Berge would then have the opportunity to object.
Aug 25, 2020
Santa Barbara County, CA
Because Plaintiff failed to initially identify this action as complex in its civil case cover sheet, the action was not deemed complex until January 15, 2020. At that time, RANDSTAT’s special demurrer was already pending. Pursuant to this department’s standard complex case management orders, discovery was stayed pending the initial case management conference. COCA COLA’s motions were subsequently filed.
Aug 14, 2020
Solano County, CA
However, the Complaint was rejected by the court’s filing system because the Complaint and civil case cover sheet were filed as one document. (Id.) Although the Complaint was re-filed after the statute of limitations expired, Plaintiff argued, the Complaint should be deemed filed as of September 16, 2019, the first day it was presented to the clerk. (Id.)
Aug 13, 2020
James E. Blancarte
Los Angeles County, CA
However, the Complaint was rejected by the court’s filing system because the Complaint and civil case cover sheet were filed as one document. (Id.) Although the Complaint was re-filed after the statute of limitations expired, Plaintiff argued, the Complaint should be deemed filed as of September 16, 2019, the first day it was presented to the clerk. (Id.)
Aug 13, 2020
James E. Blancarte
Los Angeles County, CA
In her civil case cover sheet addendum filed with the original complaint, plaintiff’s counsel represents that venue is proper in South County pursuant to Government Code 12965, subdivision (b). (Civil Case Cover Sheet Addendum, filed Nov. 21, 2019.)
Aug 10, 2020
Santa Barbara County, CA
The court has reviewed the relevant documents and identified the following issue: - Plaintiff has filed a complaint, summons, and civil case cover sheet, but no proof of service for these documents. Therefore, the court cannot determine whether defendant was properly served. Default is DENIED. Plaintiff must provide a proof of service indicating defendant was validly served with the complaint and summons.
Aug 03, 2020
Collections
Collections
Los Angeles County, CA
., Defendant was personally served with the summons, complaint, civil case cover sheet, notice of case assignment and prejudgment claim right of possession by California registered process server Thomas McIntyre (“McIntyre”). CCP § 415.10 governs substitute service on individuals. It provides, in relevant part, that “[a] summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served . . .”
Jul 30, 2020
Los Angeles County, CA
Notably, the civil case cover sheet indicates the location of the incident is 7048 E. El Paseo St. in Long Beach; however, the petition indicates this is Claimant’s address. Petitioner must either clarify the address by way of an amended petition or must dismiss this petition and seek the requested relief in the Central District. At ¶14e, Petitioner indicates that she paid expenses to be reimbursed in the amount of $1308.87.
Jul 23, 2020
Other
Intellectual Property
Los Angeles County, CA
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
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