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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE: ‘ONLY
Robert Scott Kennard, SBN 117017 et RCvoal - S707
Grace Esse, SBN 315558 “
Nelson & Kennard File No. 20-13495-0 And +
3011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 gang toy 20 AKL: 25
P.O, Box 13807, Sacramento, CA 95853
TELEPHONE NO: (916) 920-2295 FAXNO: (916) 920-0682
ATTORNEY FOR (Nome): OneMain Financial Group, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
STREET ADDRESS: 180 E. Weber Ave.
‘MAILING ADDRESS: 180 E. Weber Ave.
Cry AND ZIPCODE: = Stockton, CA 95202
BRANCH NAME: STOCKTON BRANCH - LIMITED CIVIL CASE
CASE NAME:
OneMain Financial Group, LLC v. GUILLERMO H ORTIZ, et al. — Na
CIVIL CASE COVER SHEET ‘Complex Case Designation stx-cv-rccr-2020-_ J 7 YO
{ | Unlimited [ X ] Limited [ ] Counter [ ]Joinder
(Amount demanded — exceeds (Amount demanded Filed with first appearance by defendant JUDGE:
$25,000) is $25,000 or less) (Cal. Rules of Court, nule 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 Tort Contract Provisionally Complex Civil Litigation
[| ] Auto (22) [ ] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400 — 3.403)
[_ ] Uninsured motorist (46) [ X] Rule 3.740 collections (09) [ ] Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property [ ] Other collections (09) [ ] Construction defect (10)
[Damage/Wrongful Death) Tort { ] Insurance coverage (18) [ ] Mass tort (40)
| ] Asbestos (04) [ ] Other contract (37) [ ] Securities litigation (28)
{| Product liability (24) Real Property [ ] Environmental/Toxic tort (30)
[| Medical malpractice (45) [ ] Eminent domainfinverse [ ] Insurance coverage claims arising from the
[_ ] Other PI/PDAWD (23) condemnation (14) above
INon-PI/PD/WD (Other) Tort [ ] Wrongful eviction (33) listed provisionally complex case types (41)
[ ] Business tort/unfair business practice (07) —_[_] Other real property (26) Enforcement of Judgment
| Civil rights (08) Unlawful Detainer { ] Enforcement of judgment (20)
[ ] Defamation (43) { ] Commercial (31) Miscellaneous Civil Complaint
[| Fraud (16) [ ] Residential (32) [ ] RICO (27)
[ | Intellectual property (19) [ ] Drugs (38) [ ] Other complaint (not specified above) (42)
[| Professional negligence (25) Judicial Review Miscellaneous Civil Petition
[| ] Other non-PI/PD/AWD tort (35) [ ] Asset forfeiture (05) [ ] Partnership and corporate governance (21)
Employment [ ] Petition re: arbitration award (11) [ ] Other petition (not specified above) (43)
| ] Wrongful termination (36) [ ] Writ of mandate (02)
[_] Cther employment (15) {_] Other judicial review (39)
2.Thiscase [ ] is [X] isnot 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.[ ] Large number of witnesses
b. [ ] Extensive motion practice raising difficult or novel e.[ ] 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
¢. [ ] Substantial amount of documentary evidence f. [ ] Substantial post-disposition judicial supervision
3. Remedies sought (check aif that apply): a.[X] monetary b.[ ] nonmonetary; declaratory or injunctive relief c.[ ] punitive
4, Number of causes of action (specify): TWO °
5.Thiscase [ ] is [X] isnot aclass 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: October 6, 2020
Grace Esse >
(SIGNATORE 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 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 Califomia 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 1 of 2
Form Adopted for Mandatory Use Gal. Rules of Court, rules 2.30, 3.220, 3.400 —3.403, 3.740;
Judiciat Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std 3.16
(CM-010 [Rev. July 1, 2007] www.courtinfo.ca.gavCM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. /f 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 spacific 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.
You do not need to submit a cover sheet with amended papers. 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 recover 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
tules, 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 plaintiffs 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.
Auto Tort
Auto (22) — Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (ifthe
Case involves an uninsured
Motorist claim subject to
Arbitration, check this item
Instead of Auto)
Other PI/PDAYD (Personal Injury!
Property Damage/Wrongful Death)
Tort
Asbestos (04)
‘Asbestos Property Damage
Asbestos Personal Injury/
‘Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PIPDWD (23)
Premises Liability (e.g., slip
‘and fall)
Intentional Bodily Injury/PDWD-
(e.g., assault, vandalism)
Intentional infliction of
Emotional Distress.
Negligent infliction of
Emotional Distress
Other P/PDWD
Non-PU/PDAND (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g. discrimination,
False arrest) (not civif
Harassment) (08)
Defamation (o.g., slander, libel)
Intellectual Property (19)
Professional Negligence (25}
Legal Malpractice
Other Professional Malpractice
(not medical or legal)
Other Non-P/PDWD Tort (35)
Employment
Wrongful Termination (36)
Other Employment (15)
CASE TYPES AND EXAMPLES
Contract
Breach of ContraclWarranty (06)
Breach of RentaliLease
Contract (not unfawful detainer
‘or wrongtul eviction)
ContractWarranty Breach-Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract!
‘Warranty
Other Breach of ContraclWarranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case-Seller Plaintiff
‘Other Promissory Note/Collections
Case
Insurance Coverage (not provisionally
Complex) (18)
‘Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet tille) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landiord/tenant, or
foreciosure)
Unlawful Detainer
‘Commercial (31)
Residential (32)
Drugs (38) (f the case involves itegal
Drugs, check this fem; otherwise,
Report as Commercial or
Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ of Mandate (02)
Writ- Administrative Mandamus
‘Writ-Mandamus on Limited Court
Case Matter
‘Writ-Other Limited Court Case
Reviaw
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
Provisionally Gomplex Civil Litigation
(Cal. Rules of Court Rules 3.400 — 3.403)
AntitrusTrade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
Insurance Coverage Claims
(arising from provisionally
Complex case type listed above)
(44
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Pelition/Cerlification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO (27)
Other Complaint (not specified
Above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tort/non-complex)
Other Civil Complaint
{non-tor/non-complex)
Miscellaneous Civil Petition
Parinership and Corporate
Govemance (21)
Other Petition (not specified above)
(43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse:
Election Contest
Petition for Name Change
Petition for Relief from Late
Claim
Other Givil Petition
CD10 [Rev. July 1, 2007]
CIVIL CASE COVER SHEET
Page 2 of2
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE: ‘ONLY Robert Scott Kennard, SBN 117017 et RCvoal - S707 Grace Esse, SBN 315558 “ Nelson & Kennard File No. 20-13495-0 And + 3011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 gang toy 20 AKL: 25 P.O, Box 13807, Sacramento, CA 95853 TELEPHONE NO: (916) 920-2295 FAXNO: (916) 920-0682 ATTORNEY FOR (Nome): OneMain Financial Group, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN STREET ADDRESS: 180 E. Weber Ave. ‘MAILING ADDRESS: 180 E. Weber Ave. Cry AND ZIPCODE: = Stockton, CA 95202 BRANCH NAME: STOCKTON BRANCH - LIMITED CIVIL CASE CASE NAME: OneMain Financial Group, LLC v. GUILLERMO H ORTIZ, et al. — Na CIVIL CASE COVER SHEET ‘Complex Case Designation stx-cv-rccr-2020-_ J 7 YO { | Unlimited [ X ] Limited [ ] Counter [ ]Joinder (Amount demanded — exceeds (Amount demanded Filed with first appearance by defendant JUDGE: $25,000) is $25,000 or less) (Cal. Rules of Court, nule 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 Tort Contract Provisionally Complex Civil Litigation [| ] Auto (22) [ ] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400 — 3.403) [_ ] Uninsured motorist (46) [ X] Rule 3.740 collections (09) [ ] Antitrust/Trade regulation (03) Other PI/PD/WD (Personal Injury/Property [ ] Other collections (09) [ ] Construction defect (10) [Damage/Wrongful Death) Tort { ] Insurance coverage (18) [ ] Mass tort (40) | ] Asbestos (04) [ ] Other contract (37) [ ] Securities litigation (28) {| Product liability (24) Real Property [ ] Environmental/Toxic tort (30) [| Medical malpractice (45) [ ] Eminent domainfinverse [ ] Insurance coverage claims arising from the [_ ] Other PI/PDAWD (23) condemnation (14) above INon-PI/PD/WD (Other) Tort [ ] Wrongful eviction (33) listed provisionally complex case types (41) [ ] Business tort/unfair business practice (07) —_[_] Other real property (26) Enforcement of Judgment | Civil rights (08) Unlawful Detainer { ] Enforcement of judgment (20) [ ] Defamation (43) { ] Commercial (31) Miscellaneous Civil Complaint [| Fraud (16) [ ] Residential (32) [ ] RICO (27) [ | Intellectual property (19) [ ] Drugs (38) [ ] Other complaint (not specified above) (42) [| Professional negligence (25) Judicial Review Miscellaneous Civil Petition [| ] Other non-PI/PD/AWD tort (35) [ ] Asset forfeiture (05) [ ] Partnership and corporate governance (21) Employment [ ] Petition re: arbitration award (11) [ ] Other petition (not specified above) (43) | ] Wrongful termination (36) [ ] Writ of mandate (02) [_] Cther employment (15) {_] Other judicial review (39) 2.Thiscase [ ] is [X] isnot 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.[ ] Large number of witnesses b. [ ] Extensive motion practice raising difficult or novel e.[ ] 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 ¢. [ ] Substantial amount of documentary evidence f. [ ] Substantial post-disposition judicial supervision 3. Remedies sought (check aif that apply): a.[X] monetary b.[ ] nonmonetary; declaratory or injunctive relief c.[ ] punitive 4, Number of causes of action (specify): TWO ° 5.Thiscase [ ] is [X] isnot aclass 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: October 6, 2020 Grace Esse > (SIGNATORE 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 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 Califomia 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 1 of 2 Form Adopted for Mandatory Use Gal. Rules of Court, rules 2.30, 3.220, 3.400 —3.403, 3.740; Judiciat Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std 3.16 (CM-010 [Rev. July 1, 2007] www.courtinfo.ca.gavCM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. /f 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 spacific 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. You do not need to submit a cover sheet with amended papers. 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 recover 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 tules, 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 plaintiffs 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. Auto Tort Auto (22) — Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (ifthe Case involves an uninsured Motorist claim subject to Arbitration, check this item Instead of Auto) Other PI/PDAYD (Personal Injury! Property Damage/Wrongful Death) Tort Asbestos (04) ‘Asbestos Property Damage Asbestos Personal Injury/ ‘Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice— Physicians & Surgeons Other Professional Health Care Malpractice Other PIPDWD (23) Premises Liability (e.g., slip ‘and fall) Intentional Bodily Injury/PDWD- (e.g., assault, vandalism) Intentional infliction of Emotional Distress. Negligent infliction of Emotional Distress Other P/PDWD Non-PU/PDAND (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g. discrimination, False arrest) (not civif Harassment) (08) Defamation (o.g., slander, libel) Intellectual Property (19) Professional Negligence (25} Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-P/PDWD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of ContraclWarranty (06) Breach of RentaliLease Contract (not unfawful detainer ‘or wrongtul eviction) ContractWarranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract! ‘Warranty Other Breach of ContraclWarranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff ‘Other Promissory Note/Collections Case Insurance Coverage (not provisionally Complex) (18) ‘Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet tille) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landiord/tenant, or foreciosure) Unlawful Detainer ‘Commercial (31) Residential (32) Drugs (38) (f the case involves itegal Drugs, check this fem; otherwise, Report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ- Administrative Mandamus ‘Writ-Mandamus on Limited Court Case Matter ‘Writ-Other Limited Court Case Reviaw Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals Provisionally Gomplex Civil Litigation (Cal. Rules of Court Rules 3.400 — 3.403) AntitrusTrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally Complex case type listed above) (44 Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Pelition/Cerlification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified Above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint {non-tor/non-complex) Miscellaneous Civil Petition Parinership and Corporate Govemance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse: Election Contest Petition for Name Change Petition for Relief from Late Claim Other Givil Petition CD10 [Rev. July 1, 2007] CIVIL CASE COVER SHEET Page 2 of2