Preview
CM-010
andaddkess/
ATTORNEY OR PARTY WITHOUT ATTORNEY /Name Slale Bar number
FOR COURT USE ONLY
William Mitchell Margolin,Esq. SB¹142648William Mitchell Margolin Attorney at LawAPLC
23548 Calabasas Road, Suite 202, Calabasas, California 91302
TELEPHQNE No (818) 999-4529 FAx No (818) 999-1956
fopaonaf&
AoDREss
E-MAiL legalhelpforyou@msn.corn
Plaintiff Babette Bach
ATTDRNEY FoR INamei
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
sTREET AooREss 1200 Aguajito Road
MAILING ADDRESSsame
cooE
clTY AND 2IP Monterey, 93940
BRA~c~ NAME Monterey Courthouse
CASE NAME:
Babette Bach v. Michael E. Ellis, an Individual, and Does
1to 10, inclusive.
~ Unlimited
(Amount
~
CIVIL CASE COVER SHEET
Limited
(Amount
~ Counter ~
Complex Case Designation
Joinder
Filed with first appearance by defendant
CASE NUMBER
JUDGE
demanded demanded is
exceeds $ 25,000) (Cal. Rules of Court, rule 3.402)
$ 25,000 or less) 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 Tort
~
~x Auto(22) ~
Contract
~ Breach of contract/warranty {06)
Provisionally Complex Civil Litigation
~
(Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46)
Other pl/pD/WD (personal Injury/property
~
~
Rule 3.740 collections (09)
Other collections (09) ~
~
Antitrust/Trade regulation (03)
Construction defect (10)
~
Damage/Wrongful Death) Tort
~ Asbestos (04)
~ Insurance coverage {18)
Other contract (37) ~
~
Mass tort (40)
Securities litigation (28)
~
~
Product liability (24)
Medical malpractice (45)
~
Real Property
Eminent domain/Inverse
Environmental/Toxic tort (30)
Insurance coverage claims arising from the
above listed provisionally complex case
~
Other Pl/PD/WD (23)
Non-Pl/PD/WD (Other) Tort ~
~
condemnation (14}
Wrongful eviction {33)
~
types (41)
Enforcement of Judgment
~
~
Business
Civil rights (08)
business
tort/unfair practice (07)
~
Other real property (26)
Unlawful Detainer
Enforcement of judgment (20)
Miscellaneous Civil Complaint
~
~
Defamation (13)
Fraud(16) ~
~
Commercial (31)
Residential (32)
~ RICO (27)
Other complaint (not specified above) (42)
~
~
Intellectual property (19)
Professional negligence (25)
~
Drugs(38)
Judicial Review
~
Miscellaneous Civil Petition
~
Other non-Pl/PD/WD tort (35)
Employment ~
~
Asset forfeiture (05)
~
Petition re: arbitration award {11)
Partnership and corporate governance (21)
Other petition (not specified above) (43)
2.
~ Wrongful termination (36)
Other employment (15)
This case ~ is ~x is not
~ Writ of mandate {02}
Other judicial review (39)
complex under rule 3.400 of theCalifornia Rules of Court.
Ifthe case is complex, mark the
a.
b.
~
factors requiring exceptional judicial management:
~ Large number of separately represented parties d.
Extensive motion practice raising difficult or novel
e.
~
~ Large number of witnesses
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. Substantial amount of documentary evidence court
3. Remedies sought (check a/I that app/y): a.
~x monetary
f.
b. nonmonetary; declaratory or injunctive relief
c.~
Substantial postjudgment judicial supervision
punitive
4,
5.
6.
This case ~
Number of causes of action (specify):
is ~x is not
General Negligence, Motor Vehicle, 8
a class action suit.
Negligence Per Se
If there are any known related cases, file and serve a notice of related case.
(You may use form CM-01 )
Date; August 4, 2022
William Mitchell Margolin-Attorney at Law
ITYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR
ARTY)
~ 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.
Page1of 2
Form Adopted for Mandatory Use CalRules of Court, rules 2 30. 3 220, 3 400-3 403 3 740.
Judtclta CoullGI of Cafrfomra CIVIL CASE COVER SHEET CalStandards of Judkotal Admtmslratton sld 310
CM4110 [Rev September 1, 2021I 'ati Irs
s gr.'
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
If the case fits both a general and a more specific type of case listed in item
one box for the case type that best describes the case. 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
Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
sheet must be filed only with your initial paper.
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 1and 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 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 unlawful detainer Construction Defect (10)
case involves an uninsured Claims Involving Mass Tort (40)
motonst claim subject to Contract/Warranty Breach—Seller Securities Litigation (28)
erb/tratfon, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of ContracU Insurance Coverage Claims
Other PI/PD/WD (Personal Injuryl Warranty (aris/ng 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 Case-Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal Injury/ Other Promissory Note/Collections County)
Wrongful Death Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provisionally domestic re/ations)
tox/c/env/fonmenta/) (24) Sister State Judgment
Medical Malpractice (45) Administrative Agency Award
Medical Malpractice- (nol unpaid taxes)
Physicians & Surgeons 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 Property Case
Premises Liability (e.g., slip Miscellaneous Civil Complaint
and fall) RICO (27)
Intentional Bodily Injury/PD/WD Other Complaint (not specfhed
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42)
Intentional Infliction of Writ of Possession of Real Property
Dedaratory Relief Only
Emotional Distress Injunctive Relief Only (non-
Negkgent In4iction of harassment)
Emotional Distress Other Real Property (nol eminent Mechanics Lien
Other Pl/PD/WD domain, /and/ord4enant, or Other Commercial Complaint
Non-Pl/PD/WD (Other) Tort foreclosure) Case (non-tort/non-comp/ex)
Business Torl/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) (non-tort/non-comp/ex)
Civil Rights (e.g., discrimination, Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (i/ the case invo/ves illegal Partnership and Corporate
harassment) (08) drugs, check this item; otherwise. Governance (21)
Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not speci//ed
(13)
Judicial Review above) (43)
Fraud (16) Asset Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (11)
Professional Negligence (25) Writ of Mandate (02)
Elder/Dependent Adult
Legal Malpractice Writ — Administrative Mandamus
Abuse
Other Professional Malpractice Writ-Mandamus on Limited Court Election Contest
(nol medical or legal) Petition for Name Change
Other Non-Pl/PD/WD Tort (35) Case
Writ — Other Limited Court Petition for Relief From Late
Employment e view Claim
Wrongful Terminabon (36) Other Judicial Review (39) Other Civil Petition
~
Other Employment (15) Review of Health Officer Order
Notice of Appeal-Labor
Commissioner als
CM41 0 [Rev 1,2021I PxQe 2 of 2
CIVIL CASE COVER SHEET
Preview
CM-010 andaddkess/ ATTORNEY OR PARTY WITHOUT ATTORNEY /Name Slale Bar number FOR COURT USE ONLY William Mitchell Margolin,Esq. SB¹142648William Mitchell Margolin Attorney at LawAPLC 23548 Calabasas Road, Suite 202, Calabasas, California 91302 TELEPHQNE No (818) 999-4529 FAx No (818) 999-1956 fopaonaf& AoDREss E-MAiL legalhelpforyou@msn.corn Plaintiff Babette Bach ATTDRNEY FoR INamei SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY sTREET AooREss 1200 Aguajito Road MAILING ADDRESSsame cooE clTY AND 2IP Monterey, 93940 BRA~c~ NAME Monterey Courthouse CASE NAME: Babette Bach v. Michael E. Ellis, an Individual, and Does 1to 10, inclusive. ~ Unlimited (Amount ~ CIVIL CASE COVER SHEET Limited (Amount ~ Counter ~ Complex Case Designation Joinder Filed with first appearance by defendant CASE NUMBER JUDGE demanded demanded is exceeds $ 25,000) (Cal. Rules of Court, rule 3.402) $ 25,000 or less) 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 Tort ~ ~x Auto(22) ~ Contract ~ Breach of contract/warranty {06) Provisionally Complex Civil Litigation ~ (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Other pl/pD/WD (personal Injury/property ~ ~ Rule 3.740 collections (09) Other collections (09) ~ ~ Antitrust/Trade regulation (03) Construction defect (10) ~ Damage/Wrongful Death) Tort ~ Asbestos (04) ~ Insurance coverage {18) Other contract (37) ~ ~ Mass tort (40) Securities litigation (28) ~ ~ Product liability (24) Medical malpractice (45) ~ Real Property Eminent domain/Inverse Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case ~ Other Pl/PD/WD (23) Non-Pl/PD/WD (Other) Tort ~ ~ condemnation (14} Wrongful eviction {33) ~ types (41) Enforcement of Judgment ~ ~ Business Civil rights (08) business tort/unfair practice (07) ~ Other real property (26) Unlawful Detainer Enforcement of judgment (20) Miscellaneous Civil Complaint ~ ~ Defamation (13) Fraud(16) ~ ~ Commercial (31) Residential (32) ~ RICO (27) Other complaint (not specified above) (42) ~ ~ Intellectual property (19) Professional negligence (25) ~ Drugs(38) Judicial Review ~ Miscellaneous Civil Petition ~ Other non-Pl/PD/WD tort (35) Employment ~ ~ Asset forfeiture (05) ~ Petition re: arbitration award {11) Partnership and corporate governance (21) Other petition (not specified above) (43) 2. ~ Wrongful termination (36) Other employment (15) This case ~ is ~x is not ~ Writ of mandate {02} Other judicial review (39) complex under rule 3.400 of theCalifornia Rules of Court. Ifthe case is complex, mark the a. b. ~ factors requiring exceptional judicial management: ~ Large number of separately represented parties d. Extensive motion practice raising difficult or novel e. ~ ~ Large number of witnesses 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. Substantial amount of documentary evidence court 3. Remedies sought (check a/I that app/y): a. ~x monetary f. b. nonmonetary; declaratory or injunctive relief c.~ Substantial postjudgment judicial supervision punitive 4, 5. 6. This case ~ Number of causes of action (specify): is ~x is not General Negligence, Motor Vehicle, 8 a class action suit. Negligence Per Se If there are any known related cases, file and serve a notice of related case. (You may use form CM-01 ) Date; August 4, 2022 William Mitchell Margolin-Attorney at Law ITYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR ARTY) ~ 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. Page1of 2 Form Adopted for Mandatory Use CalRules of Court, rules 2 30. 3 220, 3 400-3 403 3 740. Judtclta CoullGI of Cafrfomra CIVIL CASE COVER SHEET CalStandards of Judkotal Admtmslratton sld 310 CM4110 [Rev September 1, 2021I 'ati Irs s gr.' 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 If the case fits both a general and a more specific type of case listed in item one box for the case type that best describes the case. 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 Failure to file a cover sheet with the first paper filed in a civil case may subject a party, sheet must be filed only with your initial paper. 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 1and 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 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 unlawful detainer Construction Defect (10) case involves an uninsured Claims Involving Mass Tort (40) motonst claim subject to Contract/Warranty Breach—Seller Securities Litigation (28) erb/tratfon, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of ContracU Insurance Coverage Claims Other PI/PD/WD (Personal Injuryl Warranty (aris/ng 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 Case-Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County) Wrongful Death Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provisionally domestic re/ations) tox/c/env/fonmenta/) (24) Sister State Judgment Medical Malpractice (45) Administrative Agency Award Medical Malpractice- (nol unpaid taxes) Physicians & Surgeons 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 Property Case Premises Liability (e.g., slip Miscellaneous Civil Complaint and fall) RICO (27) Intentional Bodily Injury/PD/WD Other Complaint (not specfhed (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional Infliction of Writ of Possession of Real Property Dedaratory Relief Only Emotional Distress Injunctive Relief Only (non- Negkgent In4iction of harassment) Emotional Distress Other Real Property (nol eminent Mechanics Lien Other Pl/PD/WD domain, /and/ord4enant, or Other Commercial Complaint Non-Pl/PD/WD (Other) Tort foreclosure) Case (non-tort/non-comp/ex) Business Torl/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) (non-tort/non-comp/ex) Civil Rights (e.g., discrimination, Miscellaneous Civil Petition false arrest) (not civil Drugs (38) (i/ the case invo/ves illegal Partnership and Corporate harassment) (08) drugs, check this item; otherwise. Governance (21) Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not speci//ed (13) Judicial Review above) (43) Fraud (16) Asset Forfeiture (05) Civil Harassment Intellectual Property (19) Petition Re: Arbitration Award (11) Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult Legal Malpractice Writ — Administrative Mandamus Abuse Other Professional Malpractice Writ-Mandamus on Limited Court Election Contest (nol medical or legal) Petition for Name Change Other Non-Pl/PD/WD Tort (35) Case Writ — Other Limited Court Petition for Relief From Late Employment e view Claim Wrongful Terminabon (36) Other Judicial Review (39) Other Civil Petition ~ Other Employment (15) Review of Health Officer Order Notice of Appeal-Labor Commissioner als CM41 0 [Rev 1,2021I PxQe 2 of 2 CIVIL CASE COVER SHEET