On June 25, 2018 a
Miscellaneous
was filed
involving a dispute between
The Bank Of New York Mellon Trust Company N.A As Successor In Interest To The Bank,
and
Johnson, Scott,
Tenorio, Nancy,
for Breach of Contract/Warranty
in the District Court of San Bernardino County.
Preview
CM 010
and address FORCOURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY Name State Barnumber
Ashley B Hennessee Esq SBN 259789
McCarthy Holthus LLP
1770 Fourth Avenue
San Diego CA 921011 SUPERIOR COilRT OF CALIFORNIA
TELEPHONE NO 619
p
60S 40O0
p
FAx No 619 685 4811 COUNTY
f QE OFhSAN
J f
BERNARDINQ
Q l r
ATTORNEY FOR Name laintiff The Bank of New York Mellon Trust etc
SUPERIOR COURT OF CALIFORNIA COUNTY OF San Bernardino JUN 5 2018
STREET ADDRESS 24 T IeSt 11rCai StleEt
MAILING ADDRESS 247 WeSt T111rU Street
TI7 R
Y
CITY AND ZIP CODE S BeI1larUlIlO 92415
1 11
BRANCH NAME C1V11 D1VISIOII SARA PUG f EPUTy
CASE NAME
The Bank of New York Mellon Trust v Scott Johnson et al
CASE NUMBER
CIVIL CASE COVER SHEET Complex Case Designation
Q Unlimited 0 Limited Counter Joinder
Amount Amount
UDGE
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 ToR Contract Provisionally Complex Civil Litigation
Cal Rules of Court rules 3 400 3 403
Q Auto 22 Breach of contracUwarranty 06
Q Uninsured motorist 46 Q Rule 3 740 collections 09 AntitrustlTrade regulation 03
Other PI PDIVUD Personal Injury Property 0 Other collections 09 Q Construction defect 10
Damage Wrongful Death Tort
Q Insurance coverage 18 Mass tort 40
0 Asbestos 04
Q Other contract 37 Securities litigation 28
0 Product liability 24
Real Property 0 Environmental Toxic tort 30
0 Medical malpractice 45
Q Eminent domain Inverse Q Insurance coverage claims arising from the
14
0 Other PI PD WD 23
condemnation
above listed provisionally complex case
types 41
Non PIIPDIVVD Other Tort Wrongful eviction 33
0 Business tort unfair business practice 07
ther real property 26 Enforcement of Judgment
Enforcement of judgment 20
0 Civil rights 08 Unlawful Detainer
Defamation 13 Commercial 31 Miscellaneous Civil Complaint
Fraud 16 Residential 32
Q RICO 27
Intellectual property 19 0 Drugs 38 Other complaint not specified above 42
0 Professional negligence 25 Judicial Review
Miscellaneous Civil Petition
Other non PI PDM D tort 35 0 Asset forteiture 05 Q Partnership and corporate governance 21
Employment 0 Petition re arbitration award 11
o Other petition not specified above 43
Q Wrongful termination 36 Q Writ of mandate 02
Q Other employment 15
Q 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
a 0 Large number of separately represented parties d 0 Large number of witnesses
b Extensive motion practice raising difficult or novel e 0 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 Substantial amount of documentary evidence f 0 Substantial postjudgment judicial supervision
3 Remedies sought check all that app y a0 monetary b nonmonetary declaratory or injunctive relief c 0punitive
4 Number of causes of action specify 4 Breach of Contract Claim and Delivery Conversion and Money Lent
5 This case is 0 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 June 18 2018
Ashley B Hennessee Esq
TYPE OR PRINT NAME SI NAT RE 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 on
a e1of2
Fortn Adopted for Mandatory Use Cal Rules of Court rules 2 30 3220 3 400 3 403 3 740
Judicial Council of Califomia
CIVIL CASE COVER SHEET Cal Standards of Judicial Administretion std 3 10
CM 010 Rev t 2007
July www courtinfo ca gov
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 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 4 recovery of personal property or 5 a prejudgment writ of
of real property
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
plaintifPs 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
Breach ContracUWarranty 06 Rules of Court Rules 3 400 3 403
Auto 22 Personal Injury Property of
Breach of Rental Lease AntitrusUTrade Regulation 03
DamagelWrongful Death
Contract not unlawful detainer Construction Defect 10
Uninsured Motorist 46 if the
case invo ves an uninsured
or wrongful eviction Claims Involving Mass Tort 40
Securities Litigation 28
motorist claim subject to ContracUWarranty Breach Seller
Plaintiff not fiaud ornegligence Environmental Toxic Tort 30
arbitration check this item
Negligent Breach of ContracU Insurance Coverage Claims
instead of Auto
Other PI PD WD Personal Warranty arising from provisionally complex
Injury case type listed above 41
Property Damage Wrongful Death
Other Breach of ContracUWarranty
Collections e owed open Enforcement of Judgment
Tort moneyg
book accounts 09 Enforcement of Judgment 20
Asbestos 04
Collection Case eller Plaintiff Abstract of Judgment Out of
Asbestos Property Damage
Other Promissory Note Collections County
Asbestos Personal Injury
Case Confession of Judgment non
Wrongful Death
Insurance Coverage not provisionally domestic re ations
Product Liability not asbestos or
complex 18 Sister State Judgment
toxic nvironmental 24
Auto Subrogation Administrative Agency Award
Medical Malpractice 45
Other Coverage not unpaid taxes
Medical Malpractice
Surgeons Other Contract 37 Petition Certification of Entry of
Physicians
Judgment on Unpaid Taxes
Other Professional Health Care Contractual Fraud
Other Enforcement of Judgment
Malpractice Other Contract Dispute
Case
Other PI PD WD 23 Real Property
Miscellaneous Civil Complaint
Premises Eminent Domain Inverse
Liability e g slip
RICO 27
and fall Condemnation 14
Other Complaint notspecified
Intentional Bodily Injury PD WD Wrongful Eviction 33
above 42
e g assault vandalism Other Real Property e g quiet title 26
Intentional Infliction of Writ Possession Real
Declaratory Relief Only
of of Property
Emotional Distress
Injunctive Relief Only non
Mortgage Foreclosure
harassment
Negligent Infliction of Quiet Title
Mechanics Lien
Emotional Distress Other Real Property not eminent
Other Commercial Complaint
Other PI PD WD domain landlord tenant or
Case non tort non comp ex
Non PI PDIWD Other ToR foreclosure
Other Civil Complaint
Business TorVUnfair Business Unlawful Detainer
non tort non comp ex
Practice 07 Commercial 31
Miscellaneous Civil Petition
Civil Rights e g discrimination Residential 32
Partnership and Corporate
false arrest not civil Drugs 38 if the case involves illegal Governance 21
harassment 08 drugs check this item othenvise Other Petition not specified
Defamation e g slander libel report as Commercia orResidential above 43
13 Judicial Review Civil Harassment
Fraud 16 Asset Forfeiture 05
Workplace Violence
Intellectual Property 19 Petition Re Arbitration Award 11 Elder Dependent Adult
Professional Negligence 25 Writ of Mandate 02
Abuse
Legal Malpractice Writ Administrative Mandamus
Election Contest
Other Professional Malpractice Writ Mandamus on Limited Court
Petition for Name Change
not medical or legal Case Matter Petition for Relief From Late
Other Non PI PD WD Tort 35 Writ Other Limited Court Case Claim
Employment
Review Other Civil Petition
Wrongful Termination 36
Other Judicial Review 39
Other Employment 15 Review of Health Officer Order
Notice of Appeal Labor
Commissioner Appeals
CM 010 Rev 1 2007 Page 2 of 2
July
CIVIL CASE COVER SHEET
Document Filed Date
June 25, 2018
Case Filing Date
June 25, 2018
Category
Breach of Contract/Warranty
For full print and download access, please subscribe at https://www.trellis.law/.
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CM 010 and address FORCOURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY Name State Barnumber Ashley B Hennessee Esq SBN 259789 McCarthy Holthus LLP 1770 Fourth Avenue San Diego CA 921011 SUPERIOR COilRT OF CALIFORNIA TELEPHONE NO 619 p 60S 40O0 p FAx No 619 685 4811 COUNTY f QE OFhSAN J f BERNARDINQ Q l r ATTORNEY FOR Name laintiff The Bank of New York Mellon Trust etc SUPERIOR COURT OF CALIFORNIA COUNTY OF San Bernardino JUN 5 2018 STREET ADDRESS 24 T IeSt 11rCai StleEt MAILING ADDRESS 247 WeSt T111rU Street TI7 R Y CITY AND ZIP CODE S BeI1larUlIlO 92415 1 11 BRANCH NAME C1V11 D1VISIOII SARA PUG f EPUTy CASE NAME The Bank of New York Mellon Trust v Scott Johnson et al CASE NUMBER CIVIL CASE COVER SHEET Complex Case Designation Q Unlimited 0 Limited Counter Joinder Amount Amount UDGE 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 ToR Contract Provisionally Complex Civil Litigation Cal Rules of Court rules 3 400 3 403 Q Auto 22 Breach of contracUwarranty 06 Q Uninsured motorist 46 Q Rule 3 740 collections 09 AntitrustlTrade regulation 03 Other PI PDIVUD Personal Injury Property 0 Other collections 09 Q Construction defect 10 Damage Wrongful Death Tort Q Insurance coverage 18 Mass tort 40 0 Asbestos 04 Q Other contract 37 Securities litigation 28 0 Product liability 24 Real Property 0 Environmental Toxic tort 30 0 Medical malpractice 45 Q Eminent domain Inverse Q Insurance coverage claims arising from the 14 0 Other PI PD WD 23 condemnation above listed provisionally complex case types 41 Non PIIPDIVVD Other Tort Wrongful eviction 33 0 Business tort unfair business practice 07 ther real property 26 Enforcement of Judgment Enforcement of judgment 20 0 Civil rights 08 Unlawful Detainer Defamation 13 Commercial 31 Miscellaneous Civil Complaint Fraud 16 Residential 32 Q RICO 27 Intellectual property 19 0 Drugs 38 Other complaint not specified above 42 0 Professional negligence 25 Judicial Review Miscellaneous Civil Petition Other non PI PDM D tort 35 0 Asset forteiture 05 Q Partnership and corporate governance 21 Employment 0 Petition re arbitration award 11 o Other petition not specified above 43 Q Wrongful termination 36 Q Writ of mandate 02 Q Other employment 15 Q 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 a 0 Large number of separately represented parties d 0 Large number of witnesses b Extensive motion practice raising difficult or novel e 0 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 Substantial amount of documentary evidence f 0 Substantial postjudgment judicial supervision 3 Remedies sought check all that app y a0 monetary b nonmonetary declaratory or injunctive relief c 0punitive 4 Number of causes of action specify 4 Breach of Contract Claim and Delivery Conversion and Money Lent 5 This case is 0 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 June 18 2018 Ashley B Hennessee Esq TYPE OR PRINT NAME SI NAT RE 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 on a e1of2 Fortn Adopted for Mandatory Use Cal Rules of Court rules 2 30 3220 3 400 3 403 3 740 Judicial Council of Califomia CIVIL CASE COVER SHEET Cal Standards of Judicial Administretion std 3 10 CM 010 Rev t 2007 July www courtinfo ca gov 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 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 4 recovery of personal property or 5 a prejudgment writ of of real property 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 plaintifPs 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 Breach ContracUWarranty 06 Rules of Court Rules 3 400 3 403 Auto 22 Personal Injury Property of Breach of Rental Lease AntitrusUTrade Regulation 03 DamagelWrongful Death Contract not unlawful detainer Construction Defect 10 Uninsured Motorist 46 if the case invo ves an uninsured or wrongful eviction Claims Involving Mass Tort 40 Securities Litigation 28 motorist claim subject to ContracUWarranty Breach Seller Plaintiff not fiaud ornegligence Environmental Toxic Tort 30 arbitration check this item Negligent Breach of ContracU Insurance Coverage Claims instead of Auto Other PI PD WD Personal Warranty arising from provisionally complex Injury case type listed above 41 Property Damage Wrongful Death Other Breach of ContracUWarranty Collections e owed open Enforcement of Judgment Tort moneyg book accounts 09 Enforcement of Judgment 20 Asbestos 04 Collection Case eller Plaintiff Abstract of Judgment Out of Asbestos Property Damage Other Promissory Note Collections County Asbestos Personal Injury Case Confession of Judgment non Wrongful Death Insurance Coverage not provisionally domestic re ations Product Liability not asbestos or complex 18 Sister State Judgment toxic nvironmental 24 Auto Subrogation Administrative Agency Award Medical Malpractice 45 Other Coverage not unpaid taxes Medical Malpractice Surgeons Other Contract 37 Petition Certification of Entry of Physicians Judgment on Unpaid Taxes Other Professional Health Care Contractual Fraud Other Enforcement of Judgment Malpractice Other Contract Dispute Case Other PI PD WD 23 Real Property Miscellaneous Civil Complaint Premises Eminent Domain Inverse Liability e g slip RICO 27 and fall Condemnation 14 Other Complaint notspecified Intentional Bodily Injury PD WD Wrongful Eviction 33 above 42 e g assault vandalism Other Real Property e g quiet title 26 Intentional Infliction of Writ Possession Real Declaratory Relief Only of of Property Emotional Distress Injunctive Relief Only non Mortgage Foreclosure harassment Negligent Infliction of Quiet Title Mechanics Lien Emotional Distress Other Real Property not eminent Other Commercial Complaint Other PI PD WD domain landlord tenant or Case non tort non comp ex Non PI PDIWD Other ToR foreclosure Other Civil Complaint Business TorVUnfair Business Unlawful Detainer non tort non comp ex Practice 07 Commercial 31 Miscellaneous Civil Petition Civil Rights e g discrimination Residential 32 Partnership and Corporate false arrest not civil Drugs 38 if the case involves illegal Governance 21 harassment 08 drugs check this item othenvise Other Petition not specified Defamation e g slander libel report as Commercia orResidential above 43 13 Judicial Review Civil Harassment Fraud 16 Asset Forfeiture 05 Workplace Violence Intellectual Property 19 Petition Re Arbitration Award 11 Elder Dependent Adult Professional Negligence 25 Writ of Mandate 02 Abuse Legal Malpractice Writ Administrative Mandamus Election Contest Other Professional Malpractice Writ Mandamus on Limited Court Petition for Name Change not medical or legal Case Matter Petition for Relief From Late Other Non PI PD WD Tort 35 Writ Other Limited Court Case Claim Employment Review Other Civil Petition Wrongful Termination 36 Other Judicial Review 39 Other Employment 15 Review of Health Officer Order Notice of Appeal Labor Commissioner Appeals CM 010 Rev 1 2007 Page 2 of 2 July CIVIL CASE COVER SHEET