On April 13, 2018 a
Miscellaneous
was filed
involving a dispute between
Portfolio Recovery Associates, Llc,
and
Porter, Danny,
for Rule 3.740 Collections - Reduced Filing Fee Limited
in the District Court of San Bernardino County.
Preview
y
CM 010
ATTORNEY OR PARTY WITHOUT ATTORNEY Name Sfate Bar number and address FOR COURT USE ONLY
Hunt Henriques Attorneys at Law
Michael S Hunt 99804 Janalie Henriques 111589 Emily Collins 311804
151 Bernal Road Suite 8 San Jose CA 95119 1306
TELEPHONE NO 800 680 2426 Fnx No 408 362 2299 CD N y K
G
Q
ATTORNEYFOR Name PI8lfltlff cJ NE i t
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO
i1RA
y
STREET ADDRESS Q47 WeSt Thifd Stfeet n d d Ef
MAILING ADDRESS
CITY AND ZIP CODE San Befnardin0 CA 92415 0210
sRaNCH NnME San Bernardino District Civil Division n
p pUTM
CASE NAME PORTFOLIO RECOVERY ASSOCIATES LLC v DANNY PORTER j
L W l
CIVIL CASE COVER SHEET ASE NUMBER
Complex Case Designation
0 Unlimited
Amount
OX Limited
Amount
Counter 0 Joinder v l 3 I
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
ltems 1 6 be ow musf be com leted see instrucfions on a e 2
1 Check one box below for the case type that best describes this case
Auto Tort Contract
Provisionally Complex Civil Litigation
0 Auto 22 0 Breach of contracUwarranty 06 Cal Rules of Court rules 3 400 3 403
Uninsured Motorist 46 Rule 3 740 collections 09 0 AntitrusUTrade regulation 03
Other collections 09 Construction defect 10
Other PI PD WD Personal Injury Property
DamageNVrongful Death Tort 0 Insurance coverage 18 Mass tort 40
Asbestos 04 0 Other contract 37 Securities litigation 28
Environmental Toxic tort 30
0 Product liability 24
Real Proper y
Medical 45 Insurance coverage claims arising from the
malP ractice
0 Eminent domain Inverse
0 Other PI PD WD 23 condemnation 14
above listed provisionally complex case
types 41
Vlrongful eviction 33
Non PUPD WD Other Tort Enforcement of Judgment
Other real property 26
Business tort unfair business practice 07 0 Enforcement of judgment 20
0 Civil rights 08 Unlawful Detainer Miscellaneous Civil Complaint
0 Defamation 13 0 Commercial 31
RICO 27
Residential 32
0 Fraud 16 0 0 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 0 Other petition not specified above 43
Employment 0 Petition re arbitration award 11
0 Wrongful termination 36 Writ of mandate 02
Other employment 15 Other judicial review 39
2 This case is X 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 Large number of separately represented parties d 0 Large number of witnesses
b Extensive motion practice raising difficult or novel e
Coordination and 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 Substantial postjudgment judicial supervision
3 that apply
Remedies sought check all a monetary b 0 nonmonetary declaratory or injunctive relief c punitive
4 Number of causes of action specify 1
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 March 29 201 S
Emily Collins 311804
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 shall be used for statistical purposes onlyPa e1of2
Form Adopted for Mandatory Use Cal Rules of Court rules 2 30 3220 3 400 3 403 3 740
CIVIL CASE COVER SHEET
Judicial Council of California Cal Standards of Judicial Administration std 3 10
CM 010 Rev July 1 2007J www courtin o ca gov
1260645 001
CM 010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others First Papers If you are filing a first paper for example a complaint in a civil case you must
Filing
complete file along with your first paper the Civil Case Cover Sheet contained on page 1
and 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
services or A collections case does not include an action seeking the following 1 tort
which property money was acquired on credit
damages 2 punitive damages 3 4
recovery of real property 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 re quirements and case management rules unless a defendant files a responsive A rule 3 740 collections
pleading
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 ContracVWarranty 06 Rules of Court Rule 3 400 3 403
Damage Wrongful Death Breach of Rental Lease AntitrusUTrade Regulation 03
Uninsured Motorist 46 if the Contract not unlawful detainer Construction Defect 10
involves an
case uninsured or wrongful eviction Claims Involving Mass Tort 40
motorist claim subject to ContracUWarranty Breach Seller Securities Litigation 28
arbitration check this item Plaintiff not fraud ornegligence EnvironmentaVToxic Tort 30
instead ofAuto Negligent Breach of ContracU Insurance Coverage Claims
Other PVPD WD Personal Injury Warranty arising from provisionally complex
Property Damage Wrongful Death Other Breach of ContracUWarranty case type listed above 41
Tort Collections e g money owed open Enforcement of Judgment
Asbestos 04 book accounts 09 Enforcement of Judgment 20
Asbestos Property Damage Collection Cas Seller Plaintiff Abstract of Judgment Out of
Asbestos Personal Injury Other Promissory Note Collections County
Wrongful Death Case Confession of Judgment non
Product Liability not asbestos or Insurance Coverage not provisionally domestic relations
toxic nvironmental 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 Tax
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PI PD WD 23 Real Case
Property
Premises Liability e
g slip Eminent Domain Inverse Miscellaneous Civil Complaint
and fall Condemnation 14 RICO 27
Intentional Bodily Injury PD WD Wrongful Eviction 33 Other Complaint notspecified
e
g assault vandalism Other Real above 42
Property e
g quiet title 26
Intentional Infliction of Writ Possession Real
of of Property Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only non
Negligent Infliction of
Quiet Title harassment
Emotional Distress Other Real Property not eminent Mechanics Lien
Other PI PD WD domain landlord tenant or Other Commercial Complaint
Non PI PD WD Other Tort foreclosure Case non tort non complex
Business Tort Unfair Business Unlawful Detainer Other Civil Complaint
Practice 07 Commercial 31 non tort non complex
Civil Rights e g discrimination Residential 32 Miscetlaneous Civil Petition
false arrest not civil Drugs 38 if the case involves illegal Partnership and Corporate
harassment 08 drugs check this item othenvise Governance 21
Defamation e g slander libel report as Commercial or Residential Other Petition not specified
13 Judicial Review above 43
Fraud 16 Asset Forfeiture 05 Civil Harassment
Intellectual Property 19 Petition Re Arbitration Award 11 Workplace Violence
Professional Negligence 25 Writ of Mandate 02 EldedDependent Adult
Legal Malpractice Writ Administrative Mandamus Abuse
Other Professional Malpractice Writ Mandamus on Limited Court Election Contest
not medical or legal Case Matter Petition for Name Change
Other Non PI PD WD Tort 35 Writ0ther Limited Court Case Petition for Relief from Late
Employment Review Claim
Wrongful Termination 36 Other Judicial Review 39 Other Civil Petition
Other Employment 15 Review of Health Officer Order
Notice of Appeal Labor
Commissioner Appeals
cM oio Re iy i 200 aaye s of 2
CIVIL CASE COVER SHEET
1260645 001
Document Filed Date
April 13, 2018
Case Filing Date
April 13, 2018
Category
Rule 3.740 Collections - Reduced Filing Fee Limited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
y CM 010 ATTORNEY OR PARTY WITHOUT ATTORNEY Name Sfate Bar number and address FOR COURT USE ONLY Hunt Henriques Attorneys at Law Michael S Hunt 99804 Janalie Henriques 111589 Emily Collins 311804 151 Bernal Road Suite 8 San Jose CA 95119 1306 TELEPHONE NO 800 680 2426 Fnx No 408 362 2299 CD N y K G Q ATTORNEYFOR Name PI8lfltlff cJ NE i t SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO i1RA y STREET ADDRESS Q47 WeSt Thifd Stfeet n d d Ef MAILING ADDRESS CITY AND ZIP CODE San Befnardin0 CA 92415 0210 sRaNCH NnME San Bernardino District Civil Division n p pUTM CASE NAME PORTFOLIO RECOVERY ASSOCIATES LLC v DANNY PORTER j L W l CIVIL CASE COVER SHEET ASE NUMBER Complex Case Designation 0 Unlimited Amount OX Limited Amount Counter 0 Joinder v l 3 I 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 ltems 1 6 be ow musf be com leted see instrucfions on a e 2 1 Check one box below for the case type that best describes this case Auto Tort Contract Provisionally Complex Civil Litigation 0 Auto 22 0 Breach of contracUwarranty 06 Cal Rules of Court rules 3 400 3 403 Uninsured Motorist 46 Rule 3 740 collections 09 0 AntitrusUTrade regulation 03 Other collections 09 Construction defect 10 Other PI PD WD Personal Injury Property DamageNVrongful Death Tort 0 Insurance coverage 18 Mass tort 40 Asbestos 04 0 Other contract 37 Securities litigation 28 Environmental Toxic tort 30 0 Product liability 24 Real Proper y Medical 45 Insurance coverage claims arising from the malP ractice 0 Eminent domain Inverse 0 Other PI PD WD 23 condemnation 14 above listed provisionally complex case types 41 Vlrongful eviction 33 Non PUPD WD Other Tort Enforcement of Judgment Other real property 26 Business tort unfair business practice 07 0 Enforcement of judgment 20 0 Civil rights 08 Unlawful Detainer Miscellaneous Civil Complaint 0 Defamation 13 0 Commercial 31 RICO 27 Residential 32 0 Fraud 16 0 0 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 0 Other petition not specified above 43 Employment 0 Petition re arbitration award 11 0 Wrongful termination 36 Writ of mandate 02 Other employment 15 Other judicial review 39 2 This case is X 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 Large number of separately represented parties d 0 Large number of witnesses b Extensive motion practice raising difficult or novel e Coordination and 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 Substantial postjudgment judicial supervision 3 that apply Remedies sought check all a monetary b 0 nonmonetary declaratory or injunctive relief c punitive 4 Number of causes of action specify 1 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 March 29 201 S Emily Collins 311804 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 shall be used for statistical purposes onlyPa e1of2 Form Adopted for Mandatory Use Cal Rules of Court rules 2 30 3220 3 400 3 403 3 740 CIVIL CASE COVER SHEET Judicial Council of California Cal Standards of Judicial Administration std 3 10 CM 010 Rev July 1 2007J www courtin o ca gov 1260645 001 CM 010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others First Papers If you are filing a first paper for example a complaint in a civil case you must Filing complete file along with your first paper the Civil Case Cover Sheet contained on page 1 and 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 services or A collections case does not include an action seeking the following 1 tort which property money was acquired on credit damages 2 punitive damages 3 4 recovery of real property 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 re quirements and case management rules unless a defendant files a responsive A rule 3 740 collections pleading 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 ContracVWarranty 06 Rules of Court Rule 3 400 3 403 Damage Wrongful Death Breach of Rental Lease AntitrusUTrade Regulation 03 Uninsured Motorist 46 if the Contract not unlawful detainer Construction Defect 10 involves an case uninsured or wrongful eviction Claims Involving Mass Tort 40 motorist claim subject to ContracUWarranty Breach Seller Securities Litigation 28 arbitration check this item Plaintiff not fraud ornegligence EnvironmentaVToxic Tort 30 instead ofAuto Negligent Breach of ContracU Insurance Coverage Claims Other PVPD WD Personal Injury Warranty arising from provisionally complex Property Damage Wrongful Death Other Breach of ContracUWarranty case type listed above 41 Tort Collections e g money owed open Enforcement of Judgment Asbestos 04 book accounts 09 Enforcement of Judgment 20 Asbestos Property Damage Collection Cas Seller Plaintiff Abstract of Judgment Out of Asbestos Personal Injury Other Promissory Note Collections County Wrongful Death Case Confession of Judgment non Product Liability not asbestos or Insurance Coverage not provisionally domestic relations toxic nvironmental 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 Tax Malpractice Other Contract Dispute Other Enforcement of Judgment Other PI PD WD 23 Real Case Property Premises Liability e g slip Eminent Domain Inverse Miscellaneous Civil Complaint and fall Condemnation 14 RICO 27 Intentional Bodily Injury PD WD Wrongful Eviction 33 Other Complaint notspecified e g assault vandalism Other Real above 42 Property e g quiet title 26 Intentional Infliction of Writ Possession Real of of Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only non Negligent Infliction of Quiet Title harassment Emotional Distress Other Real Property not eminent Mechanics Lien Other PI PD WD domain landlord tenant or Other Commercial Complaint Non PI PD WD Other Tort foreclosure Case non tort non complex Business Tort Unfair Business Unlawful Detainer Other Civil Complaint Practice 07 Commercial 31 non tort non complex Civil Rights e g discrimination Residential 32 Miscetlaneous Civil Petition false arrest not civil Drugs 38 if the case involves illegal Partnership and Corporate harassment 08 drugs check this item othenvise Governance 21 Defamation e g slander libel report as Commercial or Residential Other Petition not specified 13 Judicial Review above 43 Fraud 16 Asset Forfeiture 05 Civil Harassment Intellectual Property 19 Petition Re Arbitration Award 11 Workplace Violence Professional Negligence 25 Writ of Mandate 02 EldedDependent Adult Legal Malpractice Writ Administrative Mandamus Abuse Other Professional Malpractice Writ Mandamus on Limited Court Election Contest not medical or legal Case Matter Petition for Name Change Other Non PI PD WD Tort 35 Writ0ther Limited Court Case Petition for Relief from Late Employment Review Claim Wrongful Termination 36 Other Judicial Review 39 Other Civil Petition Other Employment 15 Review of Health Officer Order Notice of Appeal Labor Commissioner Appeals cM oio Re iy i 200 aaye s of 2 CIVIL CASE COVER SHEET 1260645 001