Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar numbe( and address): FOR COURT USE ONLY
CM 010-
-Larry W. Lee (SBN 228175) I Max W. Gavron SBN 291697)
DIVERSITY LAW GROUP
515 S. Figueroa Street1 Suite 1250
Los Angeles, California 90071 ELECTRONICALLY FILED
TELEPHONE NO ?13) 488-6555 FAX NO.: (213) 488-6554 Superior Court of California
ATTORNEY FOR !Name). laintiff Victoria Tice
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
County of Santa Barbara
sTREET ADDREss: 1100 Anacapa Street Darrel E. Parker, Executive Officer
MAILINGADDREss: P.O. Box 21107 2/14/2020 5:37 PM
c1TYANDz1PcoDE Santa Barbara, CA 93121 By: Elizabeth Spann, Deputy
BRANCH NAME: Anacapa Division
CASE NAME:
Victoria Tice v. Trader Joe's Company
CIVIL CASE COVER SHEET CASE NUMBER:
Complex Case Designation
0 Unlimited D
Limited
D Counter D Joinder
20CV00892
(Amount (Amount JUDGE:
demanded demanded is Filed with first appearance by defendant
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1-6 below 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 contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
D Uninsured motorist (46) D Rule 3.740 collections (09) D Antitrust/Trade regulation (03)
Other Pl/PD/WD (Personal Injury/Property D Other collections (09) D Construction defect (10)
Damage/Wrongful Death) Tort D Insurance coverage (18) D Mass tort (40)
D Asbestos (04) D Other contract (37) D Securities litigation (28)
D Product liability (24) Real Property D Environmental/Toxic tort (30)
D Medical malpractice (45) D Eminent domain/Inverse D Insurance coverage claims arising from the
D Other Pl/PD/WD (23) condemnation (14) above listed provisionally complex case
Non-Pl/PD/WO (Other) Tort D Wrongful eviction (33) types (41)
D Business tort/unfair business practice (07) D Other real property (26) Enforcement of Judgment
D Civil rights (08) Unlawful Detainer D Enforcement of judgment (20)
D Defamation (13) D Commercial (31) Miscellaneous Civil Complaint
D Fraud (16) D Residential (32) D RIC0(27)
n Intellectual property (19) D Drugs(38) D Other complaint (not specified above) (42)
D Professional negligence (25) Judicial Review Miscellaneous Civil Petition
D Other non-Pl/PD/WD tort (35) D Asset forfeiture (05) D Partnership and corporate governance (21)
Employment D D
Petition re: arbitration award (11) Other petition (not specified above) (43)
D Wrongful termination (36) D Writ of mandate (02)
[ZJ Other employment (15) D Other judicial review (39)
2. This case LiJ is LJ 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.D Large number of separately represented parties d. 0 Large number of witnesses
b.0 Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts
is.sues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. W Substantial amount of documentary evidence f.D Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a.[Z] monetary b. D nonmonetary; declaratory or injunctive relief c. Opunitive
4. Number of causes of action (specify): Two (2)
5. This case W
is D
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: February 14, 2020
Max W. Gavron
(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 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 onlv.
15ae1of2
Form 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 Administration, std. 3.1 O
CM-010 {Rev. July 1, 2007) www.courtinfo.ca.gov
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
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
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. 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 unlawful detainer Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving 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 of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other Pl/PD/WO (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 (Q4) 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 Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provisionally 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 Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PD/WO Wrongful Eviction (33) Other Complaint (not specified
(e:g., assault, vandalism) above) (42)
Other Real Property (e.g., quiet title) (26)
Intentional Infliction of Declaratory Relief Only
Writ of Possession of Real Property Injunctive Relief Only (non-
Emotional Distress Mortgage Foreclosure
Negligent Infliction of harassment)
Quiet Title
Emotional Distress Mechanics Lien
Other Real Property (not eminent
Other Pl/PD/WD Other Commercial Complaint
domain, landlord/tenant, or
Non-Pl/PD/WO (Other) Tort Case (non-tort/non-complex)
foreclosure)
Other Civil Complaint
Business Tort/Unfair Business Unlawful Detainer (non-tort/non-complex)
Practice (07) Commercial (31)
Miscellaneous Civil Petition
Civil Rights (e.g., discrimination, Residential (32) Partnership and Corporate
false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21)
harassment) (08) drugs, check this item; otherwise, Other Petition (not specified
Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43)
(13) Judicial Review Civil Harassment
Fraud (16), Asset Forfeiture (05) Workplace Violence
Intellectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent Adult
Professional Negligence (25) Writ of Mandate (02) Abuse
Legal Malpractice Writ-Administrative Mandamus Election Contest
Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change
(not medical or legal) Case Matter Petition for Relief From Late
Other Non-Pl/PD/WO Tort (35) Writ-Other Limited Court Case Claim
Employment Review Other Civil Petition
Wrongful Termination (36)
Other Judicial Review (39)
Other Employment (15) Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
CM-010 !Rev. July 1, 2007] Page 2 of 2
CIVIL CASE COVER SHEET
Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar numbe( and address): FOR COURT USE ONLY CM 010- -Larry W. Lee (SBN 228175) I Max W. Gavron SBN 291697) DIVERSITY LAW GROUP 515 S. Figueroa Street1 Suite 1250 Los Angeles, California 90071 ELECTRONICALLY FILED TELEPHONE NO ?13) 488-6555 FAX NO.: (213) 488-6554 Superior Court of California ATTORNEY FOR !Name). laintiff Victoria Tice SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA County of Santa Barbara sTREET ADDREss: 1100 Anacapa Street Darrel E. Parker, Executive Officer MAILINGADDREss: P.O. Box 21107 2/14/2020 5:37 PM c1TYANDz1PcoDE Santa Barbara, CA 93121 By: Elizabeth Spann, Deputy BRANCH NAME: Anacapa Division CASE NAME: Victoria Tice v. Trader Joe's Company CIVIL CASE COVER SHEET CASE NUMBER: Complex Case Designation 0 Unlimited D Limited D Counter D Joinder 20CV00892 (Amount (Amount JUDGE: demanded demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below 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 contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) D Uninsured motorist (46) D Rule 3.740 collections (09) D Antitrust/Trade regulation (03) Other Pl/PD/WD (Personal Injury/Property D Other collections (09) D Construction defect (10) Damage/Wrongful Death) Tort D Insurance coverage (18) D Mass tort (40) D Asbestos (04) D Other contract (37) D Securities litigation (28) D Product liability (24) Real Property D Environmental/Toxic tort (30) D Medical malpractice (45) D Eminent domain/Inverse D Insurance coverage claims arising from the D Other Pl/PD/WD (23) condemnation (14) above listed provisionally complex case Non-Pl/PD/WO (Other) Tort D Wrongful eviction (33) types (41) D Business tort/unfair business practice (07) D Other real property (26) Enforcement of Judgment D Civil rights (08) Unlawful Detainer D Enforcement of judgment (20) D Defamation (13) D Commercial (31) Miscellaneous Civil Complaint D Fraud (16) D Residential (32) D RIC0(27) n Intellectual property (19) D Drugs(38) D Other complaint (not specified above) (42) D Professional negligence (25) Judicial Review Miscellaneous Civil Petition D Other non-Pl/PD/WD tort (35) D Asset forfeiture (05) D Partnership and corporate governance (21) Employment D D Petition re: arbitration award (11) Other petition (not specified above) (43) D Wrongful termination (36) D Writ of mandate (02) [ZJ Other employment (15) D Other judicial review (39) 2. This case LiJ is LJ 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.D Large number of separately represented parties d. 0 Large number of witnesses b.0 Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts is.sues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. W Substantial amount of documentary evidence f.D Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a.[Z] monetary b. D nonmonetary; declaratory or injunctive relief c. Opunitive 4. Number of causes of action (specify): Two (2) 5. This case W is D 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: February 14, 2020 Max W. Gavron (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 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 onlv. 15ae1of2 Form 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 Administration, std. 3.1 O CM-010 {Rev. July 1, 2007) www.courtinfo.ca.gov CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 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 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. 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 unlawful detainer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving 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 of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other Pl/PD/WO (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 (Q4) 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 Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provisionally 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 Property Case Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WO Wrongful Eviction (33) Other Complaint (not specified (e:g., assault, vandalism) above) (42) Other Real Property (e.g., quiet title) (26) Intentional Infliction of Declaratory Relief Only Writ of Possession of Real Property Injunctive Relief Only (non- Emotional Distress Mortgage Foreclosure Negligent Infliction of harassment) Quiet Title Emotional Distress Mechanics Lien Other Real Property (not eminent Other Pl/PD/WD Other Commercial Complaint domain, landlord/tenant, or Non-Pl/PD/WO (Other) Tort Case (non-tort/non-complex) foreclosure) Other Civil Complaint Business Tort/Unfair Business Unlawful Detainer (non-tort/non-complex) Practice (07) Commercial (31) Miscellaneous Civil Petition Civil Rights (e.g., discrimination, Residential (32) Partnership and Corporate false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21) harassment) (08) drugs, check this item; otherwise, Other Petition (not specified Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43) (13) Judicial Review Civil Harassment Fraud (16), Asset Forfeiture (05) Workplace Violence Intellectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent Adult Professional Negligence (25) Writ of Mandate (02) Abuse Legal Malpractice Writ-Administrative Mandamus Election Contest Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change (not medical or legal) Case Matter Petition for Relief From Late Other Non-Pl/PD/WO Tort (35) Writ-Other Limited Court Case Claim Employment Review Other Civil Petition Wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CM-010 !Rev. July 1, 2007] Page 2 of 2 CIVIL CASE COVER SHEET