Preview
CM-010
ATTORNE Y OR PARTY WITHOUT AHORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
John P. Ohanesian, Deputy District Attorney (Bar # 258938)
CYNTHIA J. ZIMMER, District Attorney, County of Kern
1215 Truxtun Ave, 4th Floor, Bakersfield, CA 93301
TELEPHONE NO.: ( 661) 868-2340 FAX NO (Optional): (661) 868-2700
E-MAIL ADDRESS: johanesian@kemda.org
ATTORNEY FOR (Name): Plaintiff The People of the State of California
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 Truxtun Avenue
MAILING ADDRESS:
Bakersfield 93301
CITY AND ZIP CODE:
BRANCH NAME: Metropolitan Division
CASE NAME:
People vs. LPOD, Inc., a California corporation, dba Las Palmas Oil & Dehydration, et al.
CIVIL CASE COVER SHEET CASE NUMBER:
Complex Case Designation
OD Unlimited CJ Limited CJ Counter CJ Joinder
(Amount (Amount
Filed with first appearance by defendant JUDGE:
demanded demanded is
(Cal. Rules of Court, rule 3.402) DEPT:
exceeds $25,000) $25,000 or less)
Item s 1-6 belo w must be completed (see mstruct1ons on page 2) .
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
D Auto (22) D Breach of contracUwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
CJ Uninsured motorist (46) CJ Rule 3.740 collections (09) CJ AntitrustfTrade regulation (03)
Other Pl/PD/WD (Personal Injury/Property D Other collections (09) CJ Construction defect (10)
Damage/Wrongful Death) Tort CJ Insurance coverage (18) CJ Mass tort (40)
CJ Asbestos (04) CJ Other contract (37) CJ Securities litigation (28)
D Product liability (24) Real Property OD EnvironmentalfToxic tort (30)
D Medical malpractice (45) CJ Eminent domain/Inverse CJ Insurance coverage claims arising from the
D Other Pl/PD/WD (23) condemnation (14) above listed provisionally complex case
types (41)
Non-Pl/PD/WO (Other) Tort D Wrongful eviction (33) Enforcement of Judgment
D CJ
Business tort/unfair business practice (07) Other real property (26) CJ Enforcement of judgment (20)
D Civil rights (08) Unlawful Detainer Miscellaneous Clvll Complaint
D Defamation (13) CJ Commercial (31) CJ RIC0(27)
D Fraud (16) D Residential (32)
CJ Other complaint (not specified above) (42)
CJ Intellectual property (19) D Drugs (38) Miscellaneous Civll Petition
CJ Professional negligence (25) Judicial Review
D Other non-Pl/PD/WO tort (35) c::J Asset forfeiture (05)
CJ Partnership and corporate governance (21)
Employment CJ CJ
Petition re: arbitration award (11) Other petition (not specified above) (43)
D Wrongful termination (36) D Writ of mandate (02)
D Other employment (15) D Other judicial review (39)
2. This case CJ is OD is not complex under rule 3.400 of theCalifornia Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. CJ Large number of separately represented parties d. CJ Large number of witnesses
b. CJ Extensive motion practice raising difficult or novel
e. CJ Coordination with related actions pending in one or more
issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal
c. CJ Substantial amount of documentary evidence court
f. CJ Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. DO monetary b. DO nonmonetary; declaratory or injunctive relief
c.CJ punitive
4. Number of causes of action (specify) : Seven (7)
5. This case CJ is [JO 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 27, 2022 ~ -, /'')::/
John P. Ohanesian, Deputy District Attorney ~ "----- c_.....c:..-__
(TYPE OR PRINT NAME} -
7-.+<'----(-
Sl-GN
-A~T-UR_E_O
_F_P_A_RlY_O_R_A_TI_O_R_N_EY_F-=O=
R~P-AR
_TY)
_ _ _ __
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 only.
Page 1of2
Forni Adopted for Mandatory Use Cal Rules of Court, rules 2 30, 3 220, 3.400-3 403, 3.740;
Judicial Council of California
CIVIL CASE COVER SHEET Cal Standards of Judicial AdministraUon, std. 3. 1O
CM-010 [Rev September 1, 2021] lexisNexis® Automated California Judicial Council Forms
www cowts.ca.gov
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
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 of real property, (4) 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 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
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 Contract/Warranty (06) Rules of Court Rules 3.400-3.403)
Damage/Wrongful Death Breach of Rental/Lease . Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unla":"ul detainer Construction Defect (10)
case involves an uninsured or wrongful evtct1on) Claims Involving Mass Tort (40)
motorist claim subject to Contrac.tf'.'.Varranty Breach-Se.lier Securities Litigation (28)
arbitration
check this item Pla1nt1ff (not fraud or negltgence) Environmental/Toxic Tort (30)
instead ofAuto) Negligent Breach of Contract/ Insurance Coverage Claims
Other Pl/PD/WD (Personal Injury/ Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Other Breach of Contract/Warranty 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 ~ase-Seller Plainti~ 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 prov1s1onally domestic relations)
toxic/environmental) (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 Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other Pl/PD/WD (23) Real P~operty . Case
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condem~a.tion (14) RICO (27)
Intentional Bodily Injury/PD/WO Wrongful Ev1ct1on (33) . . Other Complaint (not specified
(e.g., assault, vandalism) Other ~eal Property (e.g., quiet title) (26) above) (42)
Intentional Infliction of Wnt 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 Property (not eminent Mechanics Lien
other Pl/PD/WD domain, landlord/tenant, or Other Commercial Complaint
Non-Pl/PD/WO (Other) Tort foreclosure) Case (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) Co~mer~ial (31) (non-tort/non-complex)
Civil Rights (e.g., discrimination, Res1dent1al ~32) . . Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) {tf th~ case involve~ 11/egal Partnership and Corporate
harassment) (08) drugs, check this lt~m; othe""'.1se, . Governance (21)
Defamation (e.g., slander, libel) ~e~ort as ~ommerc1al or Res1dent1al) Other Petition (not specified
(13) Jud1c1al Review above) (43)
Fraud (16) As~~t Forfeiture_<05J Civil Harassment
Intellectual Property (19) Pe~1t1on Re: Arb1trat1on Award (11) Workplace Violence
Professional Negligence (25) Wnt of. Manda.!~ (02). Elder/Dependent Adult
Legal Malpractice Wnt-Adm1nistrat1ve ~a~damus Abuse
Other Professional Malpractice Writ-Mandamus on L1m1ted Court Election Contest
(not medical or legal) Case Matter Petition for Name Change
Other Non-Pl/PD/WO Tort (35) Writ-Other 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 AP.peal-Labor
Commissioner Appeals
CM-01 O [Rev, September 1, 2021] Page 2 of 2
CIVIL CASE COVER SHEET
LexisNexis® Automated California Judicial Council Forms
Preview
CM-010 ATTORNE Y OR PARTY WITHOUT AHORNEY (Name, State Bar number, and address): FOR COURT USE ONLY John P. Ohanesian, Deputy District Attorney (Bar # 258938) CYNTHIA J. ZIMMER, District Attorney, County of Kern 1215 Truxtun Ave, 4th Floor, Bakersfield, CA 93301 TELEPHONE NO.: ( 661) 868-2340 FAX NO (Optional): (661) 868-2700 E-MAIL ADDRESS: johanesian@kemda.org ATTORNEY FOR (Name): Plaintiff The People of the State of California SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: Bakersfield 93301 CITY AND ZIP CODE: BRANCH NAME: Metropolitan Division CASE NAME: People vs. LPOD, Inc., a California corporation, dba Las Palmas Oil & Dehydration, et al. CIVIL CASE COVER SHEET CASE NUMBER: Complex Case Designation OD Unlimited CJ Limited CJ Counter CJ Joinder (Amount (Amount Filed with first appearance by defendant JUDGE: demanded demanded is (Cal. Rules of Court, rule 3.402) DEPT: exceeds $25,000) $25,000 or less) Item s 1-6 belo w must be completed (see mstruct1ons on page 2) . 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation D Auto (22) D Breach of contracUwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) CJ Uninsured motorist (46) CJ Rule 3.740 collections (09) CJ AntitrustfTrade regulation (03) Other Pl/PD/WD (Personal Injury/Property D Other collections (09) CJ Construction defect (10) Damage/Wrongful Death) Tort CJ Insurance coverage (18) CJ Mass tort (40) CJ Asbestos (04) CJ Other contract (37) CJ Securities litigation (28) D Product liability (24) Real Property OD EnvironmentalfToxic tort (30) D Medical malpractice (45) CJ Eminent domain/Inverse CJ Insurance coverage claims arising from the D Other Pl/PD/WD (23) condemnation (14) above listed provisionally complex case types (41) Non-Pl/PD/WO (Other) Tort D Wrongful eviction (33) Enforcement of Judgment D CJ Business tort/unfair business practice (07) Other real property (26) CJ Enforcement of judgment (20) D Civil rights (08) Unlawful Detainer Miscellaneous Clvll Complaint D Defamation (13) CJ Commercial (31) CJ RIC0(27) D Fraud (16) D Residential (32) CJ Other complaint (not specified above) (42) CJ Intellectual property (19) D Drugs (38) Miscellaneous Civll Petition CJ Professional negligence (25) Judicial Review D Other non-Pl/PD/WO tort (35) c::J Asset forfeiture (05) CJ Partnership and corporate governance (21) Employment CJ CJ Petition re: arbitration award (11) Other petition (not specified above) (43) D Wrongful termination (36) D Writ of mandate (02) D Other employment (15) D Other judicial review (39) 2. This case CJ is OD is not complex under rule 3.400 of theCalifornia Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. CJ Large number of separately represented parties d. CJ Large number of witnesses b. CJ Extensive motion practice raising difficult or novel e. CJ Coordination with related actions pending in one or more issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal c. CJ Substantial amount of documentary evidence court f. CJ Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. DO monetary b. DO nonmonetary; declaratory or injunctive relief c.CJ punitive 4. Number of causes of action (specify) : Seven (7) 5. This case CJ is [JO 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 27, 2022 ~ -, /'')::/ John P. Ohanesian, Deputy District Attorney ~ "----- c_.....c:..-__ (TYPE OR PRINT NAME} - 7-.+<'----(- Sl-GN -A~T-UR_E_O _F_P_A_RlY_O_R_A_TI_O_R_N_EY_F-=O= R~P-AR _TY) _ _ _ __ 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 only. Page 1of2 Forni Adopted for Mandatory Use Cal Rules of Court, rules 2 30, 3 220, 3.400-3 403, 3.740; Judicial Council of California CIVIL CASE COVER SHEET Cal Standards of Judicial AdministraUon, std. 3. 1O CM-010 [Rev September 1, 2021] lexisNexis® Automated California Judicial Council Forms www cowts.ca.gov INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 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 of real property, (4) 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 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 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 Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease . Antitrust/Trade Regulation (03) Uninsured Motorist (46) (if the Contract (not unla":"ul detainer Construction Defect (10) case involves an uninsured or wrongful evtct1on) Claims Involving Mass Tort (40) motorist claim subject to Contrac.tf'.'.Varranty Breach-Se.lier Securities Litigation (28) arbitration check this item Pla1nt1ff (not fraud or negltgence) Environmental/Toxic Tort (30) instead ofAuto) Negligent Breach of Contract/ Insurance Coverage Claims Other Pl/PD/WD (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty 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 ~ase-Seller Plainti~ 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 prov1s1onally domestic relations) toxic/environmental) (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 Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other Pl/PD/WD (23) Real P~operty . Case Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condem~a.tion (14) RICO (27) Intentional Bodily Injury/PD/WO Wrongful Ev1ct1on (33) . . Other Complaint (not specified (e.g., assault, vandalism) Other ~eal Property (e.g., quiet title) (26) above) (42) Intentional Infliction of Wnt 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 Property (not eminent Mechanics Lien other Pl/PD/WD domain, landlord/tenant, or Other Commercial Complaint Non-Pl/PD/WO (Other) Tort foreclosure) Case (non-tort/non-complex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) Co~mer~ial (31) (non-tort/non-complex) Civil Rights (e.g., discrimination, Res1dent1al ~32) . . Miscellaneous Civil Petition false arrest) (not civil Drugs (38) {tf th~ case involve~ 11/egal Partnership and Corporate harassment) (08) drugs, check this lt~m; othe""'.1se, . Governance (21) Defamation (e.g., slander, libel) ~e~ort as ~ommerc1al or Res1dent1al) Other Petition (not specified (13) Jud1c1al Review above) (43) Fraud (16) As~~t Forfeiture_<05J Civil Harassment Intellectual Property (19) Pe~1t1on Re: Arb1trat1on Award (11) Workplace Violence Professional Negligence (25) Wnt of. Manda.!~ (02). Elder/Dependent Adult Legal Malpractice Wnt-Adm1nistrat1ve ~a~damus Abuse Other Professional Malpractice Writ-Mandamus on L1m1ted Court Election Contest (not medical or legal) Case Matter Petition for Name Change Other Non-Pl/PD/WO Tort (35) Writ-Other 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 AP.peal-Labor Commissioner Appeals CM-01 O [Rev, September 1, 2021] Page 2 of 2 CIVIL CASE COVER SHEET LexisNexis® Automated California Judicial Council Forms