On September 18, 2017 a
Miscellaneous
was filed
involving a dispute between
Capital One Bank,
and
Barreras, Sara D,
for Rule 3.740 Collections $10,000 or Less Limited
in the District Court of San Bernardino County.
Preview
CM 010
State Bar number and address FOR COURT USE ONLY
ATTORNEY OR PARTY W ITHOUT ATTORNEY Nam
Hunt Henriques Attorneys at Law
Michael S Hunt 99804 Janalie Henriques 111589 Anthony DiPiero 268246
151 Bernal Road Suite 8 San Jose CA 95119 1306
TELEPHONE N0 HOO FiHO 242B Fnx No 408 362 2299
p y aURT OF CAUFORNIA
arroRNeY FOR Name Plaintiff 1N7Y pF SAN BERiVARDiNO
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO
SAN FFtNAR0iN0 OISTRICT
STREET ADDRESS 247 West Third Street q
MAILING ADDRESS S GP Ol LO
CITY AND ZIP CODE San Bemardino CA 924150210
BR 4NCH NAME San Bernardino District Civil Division
CASE NAME CAPITAL ONE BANK USA N A v SARA D BARRERAS
i i i5 CC STEIN DEPUTY
CASE NUMBER
CIVIL CASE COVER SHEET Complex Case Designation
Unlimited X Limited CIVDSI7 1 Z90
Amount
0 Counter 0 Joinder
Amount
JUDGE
demanded demanded is Filed with first appearance by defendant
000 25 000 less Cal Rules of Court rule 3 402 DEPT
exceeds 25 or
Items 1 6 below must be com eted see instructions 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
Cal Rules of Court rules 3 400 3 403
Auto 22 0 Breach of contracUwarranty O6
Antitrust Trade regulation 03
Uninsured Motorist 46 Rule 3 740 collections 09
Other collections 09 Construction defect 10
Other Pl PD VVD Personal Injury Property
Damage Wrongful Death Tort Insurance coverage 18 0 Mass tort 40
Other contract 37 Securities litigation 28
Asbestos 04
EnvironmentallToxic tort 30
0 Product liability 24 Real Property
Insurance coverage claims arising from the
0 Medical malpractice 45 Eminent domain Inverse b provisionally complex case
Other PI PDWD 23 condemnation 14
tYp es
Wrongful eviction 33
Non PI PDIWD Other Tort Enforcement of Judgment
Other real property 26
Business tort unfair business practice 07 Enforcement of judgment 20
Civil rights OS 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
0 Professional negligence 25 Judicial Review 0 Partnership and corporate governance 21
Other PI PDIWD tort 35 Other petition not specified above 43
non 0 Asset forfeiture 05
Employment Petition re arbitration award 11
0 Wrongful termination 36 Writ of mandate 02
Other employment 15 0 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 0 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 0 Substantial amount of documentary evidence f Substantial postjudgment judicial supervision
3 Remedies sought check all that apply 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 ma use form CM 015
Date September 8 2017
Anthony DiPiero 268246
SIGNATURE OF PARTY OR ATTORNEY FOR PARTY
TYPE OR PRINT NAME
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 coversheet 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 prbceeding
Unless this is a collections case under rule 3 740 or a complex case this cover sheet shall be used for statistical purposes only
Page 1 of 2
Cal Rules of Court rules 2 30 3220 3 40 3 403 3740
Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal Standards of Judicial Administration std 3 10
Judicial Counal of California
CM 010 Rev July 1 2007J www courtinfo ca gov
1224671 001
r
CM 010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing Firgt 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 compiete 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 damages 3 real property 4 of personal property or 5 a prejudgment writ of
punitive recovery of recovery
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
unless a defendant files a responsive pleading A rule 3 740 collections
time for service requirements and case management rules
case wiil 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 partiesA defendant may file and serve no later than the time of its first appearahce a joinde in the
to the action
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 P operty Breach of Contract Warranty 06 Rules of Court Rule 3 400 3 403
Breach of Rental Lease AntitrusUTrade Regulation 03
Damage Wrongful Death
Uninsured Motorist 46 if the Contract not unlawful detainer Construction Defect 10
case involves an uninsured or wrongful eviction Claims Irnolving 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 ofAuto Negligent Breach of ContracU Insurance Coverage Claims
Other PI PD WD Personal Injury Warranty arising from provisionally complex
Other Breach ContracUWarranty case type listed above 41
Property Damage Wrongful Death of
Collections e g owed open Enforcement of Judgment
Tort money
Asbestos 04 book accounts 09 Enforcement of Judgment 20
Collection Case Seller Plaintiff Abstract of Judgment Out of
Asbestos Property Damage
Asbestos Personal Injury Other Promissory Note Collections County
Wrongful Death Case Confession of Judgment non
Product Insurance Coverage not provisionally domestic relations
Liability not asbestos or
toxic nvironmental 24 complex 18 Sister State Judgment
Medical Malpractice 45 Auto Subrogation Administrative Agency Award
Other Coverage not unpaid taxes
Medical Malpractice
Physicians Surgeons Other Contrect 37 Petition Certification of Entry of
OtherProfessional Health Care Judgment on Unpaid Tax
Contractual Fraud
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PI PD WD 23 Case
Real Property
Premises Ciability e Eminent DomaiNlnverse Miscellaneous Civil Complaint
g slip
fall Condemnation RICO 27
and 14
Other Complaint not specified
Intentional Bodily Injury PD WD Wrongful Eviction 33
Other Real title 26 above 42
e g assault vandalism
Property e g quiet
Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only non
Negligent Infliction of Quiet Title harassment
Emotional Distress Other Real Mechanics Lien
Property not eminent
Other PI PDNVD Other Commercial Complaint
domain landlord tenant or
Other Tort Case non tort non complex
Non PI PD WD foreclosure
Business Tort Unfair Business Other Civil Complaint
Unlawful Detainer
Practice 07 Commercial 31 non tort non complex
Civil Rights e discrimination Residential 32 Miscellaneous Civil Petition
g
false arrest not civil Drugs 38 if the case involves illegal Partnership and Corporate
08 Govemance 21
harassment drugs check this item othenvise
libel Other Petition notspecified
Defamation e g slander repoR as Commercial or Residential
13 above 43
Judicial Review
16 05 Civil Harassment
Fraud Asset Forfeiture
Workplace Violence
Intellectual Property 19 Petition Re Arbitration Award 11
Elder Dependent Adult
Professional Negligence 25 Writ of Mandate 02
Legal Malpractice Writ Administrative Mandamus Abuse
Other Professional Malpractice Writ Mandamus Limited Court Election Contest
on
Case Matter Petition for Name Change
not medical or legaq
Other Non PI PDNVD Tort 35 Writ0ther Limited Court Case Petition for Relief from Late
Review Claim
Employment
Wrongful Termination Other Judicial Review 39 Other Civil Petition
36
Other Employment 15 Review of Health Officer Order
Notice of Appeal Labor
CommissionerAppeals
Paye 2 of 2
CM o o Re iy 200
CIVIL CASE COVER SHEET
1224671 001
Document Filed Date
September 18, 2017
Case Filing Date
September 18, 2017
Category
Rule 3.740 Collections $10,000 or Less Limited
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CM 010 State Bar number and address FOR COURT USE ONLY ATTORNEY OR PARTY W ITHOUT ATTORNEY Nam Hunt Henriques Attorneys at Law Michael S Hunt 99804 Janalie Henriques 111589 Anthony DiPiero 268246 151 Bernal Road Suite 8 San Jose CA 95119 1306 TELEPHONE N0 HOO FiHO 242B Fnx No 408 362 2299 p y aURT OF CAUFORNIA arroRNeY FOR Name Plaintiff 1N7Y pF SAN BERiVARDiNO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN FFtNAR0iN0 OISTRICT STREET ADDRESS 247 West Third Street q MAILING ADDRESS S GP Ol LO CITY AND ZIP CODE San Bemardino CA 924150210 BR 4NCH NAME San Bernardino District Civil Division CASE NAME CAPITAL ONE BANK USA N A v SARA D BARRERAS i i i5 CC STEIN DEPUTY CASE NUMBER CIVIL CASE COVER SHEET Complex Case Designation Unlimited X Limited CIVDSI7 1 Z90 Amount 0 Counter 0 Joinder Amount JUDGE demanded demanded is Filed with first appearance by defendant 000 25 000 less Cal Rules of Court rule 3 402 DEPT exceeds 25 or Items 1 6 below must be com eted see instructions 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 Cal Rules of Court rules 3 400 3 403 Auto 22 0 Breach of contracUwarranty O6 Antitrust Trade regulation 03 Uninsured Motorist 46 Rule 3 740 collections 09 Other collections 09 Construction defect 10 Other Pl PD VVD Personal Injury Property Damage Wrongful Death Tort Insurance coverage 18 0 Mass tort 40 Other contract 37 Securities litigation 28 Asbestos 04 EnvironmentallToxic tort 30 0 Product liability 24 Real Property Insurance coverage claims arising from the 0 Medical malpractice 45 Eminent domain Inverse b provisionally complex case Other PI PDWD 23 condemnation 14 tYp es Wrongful eviction 33 Non PI PDIWD Other Tort Enforcement of Judgment Other real property 26 Business tort unfair business practice 07 Enforcement of judgment 20 Civil rights OS 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 0 Professional negligence 25 Judicial Review 0 Partnership and corporate governance 21 Other PI PDIWD tort 35 Other petition not specified above 43 non 0 Asset forfeiture 05 Employment Petition re arbitration award 11 0 Wrongful termination 36 Writ of mandate 02 Other employment 15 0 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 0 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 0 Substantial amount of documentary evidence f Substantial postjudgment judicial supervision 3 Remedies sought check all that apply 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 ma use form CM 015 Date September 8 2017 Anthony DiPiero 268246 SIGNATURE OF PARTY OR ATTORNEY FOR PARTY TYPE OR PRINT NAME 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 coversheet 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 prbceeding Unless this is a collections case under rule 3 740 or a complex case this cover sheet shall be used for statistical purposes only Page 1 of 2 Cal Rules of Court rules 2 30 3220 3 40 3 403 3740 Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal Standards of Judicial Administration std 3 10 Judicial Counal of California CM 010 Rev July 1 2007J www courtinfo ca gov 1224671 001 r CM 010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing Firgt 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 compiete 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 damages 3 real property 4 of personal property or 5 a prejudgment writ of punitive recovery of recovery 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 unless a defendant files a responsive pleading A rule 3 740 collections time for service requirements and case management rules case wiil 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 partiesA defendant may file and serve no later than the time of its first appearahce a joinde in the to the action 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 P operty Breach of Contract Warranty 06 Rules of Court Rule 3 400 3 403 Breach of Rental Lease AntitrusUTrade Regulation 03 Damage Wrongful Death Uninsured Motorist 46 if the Contract not unlawful detainer Construction Defect 10 case involves an uninsured or wrongful eviction Claims Irnolving 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 ofAuto Negligent Breach of ContracU Insurance Coverage Claims Other PI PD WD Personal Injury Warranty arising from provisionally complex Other Breach ContracUWarranty case type listed above 41 Property Damage Wrongful Death of Collections e g owed open Enforcement of Judgment Tort money Asbestos 04 book accounts 09 Enforcement of Judgment 20 Collection Case Seller Plaintiff Abstract of Judgment Out of Asbestos Property Damage Asbestos Personal Injury Other Promissory Note Collections County Wrongful Death Case Confession of Judgment non Product Insurance Coverage not provisionally domestic relations Liability not asbestos or toxic nvironmental 24 complex 18 Sister State Judgment Medical Malpractice 45 Auto Subrogation Administrative Agency Award Other Coverage not unpaid taxes Medical Malpractice Physicians Surgeons Other Contrect 37 Petition Certification of Entry of OtherProfessional Health Care Judgment on Unpaid Tax Contractual Fraud Malpractice Other Contract Dispute Other Enforcement of Judgment Other PI PD WD 23 Case Real Property Premises Ciability e Eminent DomaiNlnverse Miscellaneous Civil Complaint g slip fall Condemnation RICO 27 and 14 Other Complaint not specified Intentional Bodily Injury PD WD Wrongful Eviction 33 Other Real title 26 above 42 e g assault vandalism Property e g quiet Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only non Negligent Infliction of Quiet Title harassment Emotional Distress Other Real Mechanics Lien Property not eminent Other PI PDNVD Other Commercial Complaint domain landlord tenant or Other Tort Case non tort non complex Non PI PD WD foreclosure Business Tort Unfair Business Other Civil Complaint Unlawful Detainer Practice 07 Commercial 31 non tort non complex Civil Rights e discrimination Residential 32 Miscellaneous Civil Petition g false arrest not civil Drugs 38 if the case involves illegal Partnership and Corporate 08 Govemance 21 harassment drugs check this item othenvise libel Other Petition notspecified Defamation e g slander repoR as Commercial or Residential 13 above 43 Judicial Review 16 05 Civil Harassment Fraud Asset Forfeiture Workplace Violence Intellectual Property 19 Petition Re Arbitration Award 11 Elder Dependent Adult Professional Negligence 25 Writ of Mandate 02 Legal Malpractice Writ Administrative Mandamus Abuse Other Professional Malpractice Writ Mandamus Limited Court Election Contest on Case Matter Petition for Name Change not medical or legaq Other Non PI PDNVD Tort 35 Writ0ther Limited Court Case Petition for Relief from Late Review Claim Employment Wrongful Termination Other Judicial Review 39 Other Civil Petition 36 Other Employment 15 Review of Health Officer Order Notice of Appeal Labor CommissionerAppeals Paye 2 of 2 CM o o Re iy 200 CIVIL CASE COVER SHEET 1224671 001