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Jordan T. Porter SBN: 250112
NYE, STIRLING, HALE & MILLER, LLP
33 W. Mission Street, Ste. 201, Santa Barbara, CA 93101 ELECTRONICALLY FILED
805-963-2345 805-284-9590 Superior Court of California
Plaintiffs, Thadias B. King and Terri S. King, Individually and as Trustees
SANTA BARBARA County of Santa Barbara
1100 Anacapa Street Darrel E. Parker, Executive Officer
P.O. Box 21107 2/11/2021 3:50 PM
Santa Barbara, 93121-1107 By: Elizabeth Spann, Deputy
Santa Barbara - Anacapa Division
KING, ET AL. V. J.M. SEWALL & ASSOCIATES, ET AL.
X 21CV00598
X
X
X
2 (Professional Negligence and Negligent Misrepresentation)
X
February 11, 2021
Jordan T. Porter
CM-D10
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
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 Ton Contrac1 Provisionally Complex Civil Litigation (Cal.
Auto (22)7Personal Injury/Property Breach of Contract/Warranty (06) Rules of Coun 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/WD (Personal Injury/ Warranty (arising from provisional/y comp/ex
Property Damage/Wrong1ul Death) Other Breach of Contract/Warranty case type listed above) (41)
Ton Collections (e.g., money owed, open En1orcemen1 (:1 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 Case Confession of Judgment (non-
Insurance Coverage (not provisional/y domestic relations)
Product Liability (not asbestos or
taxis/Environmental) (24) complex) (18) Sister State Judgment
Medical Malpractice (45) Auto Subrogaiion Administrative Agency Award
Medical Malpractice—2* Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petilion/Cenificalion of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Real Property Case
Other PI/PD/WD (23)
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified
above) (42)
(e.g., assault, vandalism) Other Real Properly (e.g.. quiet title) (26)
Intentional Infliction of Declaratory Relief Only
Writ of Possession of Real Property Injunctive Relief Only (non,
Emotional Distress Morlgage Foreclosure harassment)
Negligent Infliction of Quiet Tiile
Emotional Distress Mechanics Lien
Other Real Propeny (not eminent
Other PI/PD/WD Other Commercial Complaint
domaIn, landlord/tenant, or
Case (non-tort/non-complex)
Non-PI/PD/WD (Other) Ton foreclosure)
Other Civil Complaint
Business Tort/Unfair Business Unlawful Detainer
(nonrtort/nonrcomplex)
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 Propeny (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 WritiMandamus on Limited Court Peiition for Name Change
(not medical or legal) Case Matter Petition for Relief From Lale
Other NoniPI/PD/WD Torl (35) Writflther 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 AppealiLabor
Commissioner Appeals
CM-010 [Rem Ju‘y 1, 2007] Page 2 of 2
CIVIL CASE COVER SHEET
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Jordan T. Porter SBN: 250112 NYE, STIRLING, HALE & MILLER, LLP 33 W. Mission Street, Ste. 201, Santa Barbara, CA 93101 ELECTRONICALLY FILED 805-963-2345 805-284-9590 Superior Court of California Plaintiffs, Thadias B. King and Terri S. King, Individually and as Trustees SANTA BARBARA County of Santa Barbara 1100 Anacapa Street Darrel E. Parker, Executive Officer P.O. Box 21107 2/11/2021 3:50 PM Santa Barbara, 93121-1107 By: Elizabeth Spann, Deputy Santa Barbara - Anacapa Division KING, ET AL. V. J.M. SEWALL & ASSOCIATES, ET AL. X 21CV00598 X X X 2 (Professional Negligence and Negligent Misrepresentation) X February 11, 2021 Jordan T. Porter CM-D10 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 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 Ton Contrac1 Provisionally Complex Civil Litigation (Cal. Auto (22)7Personal Injury/Property Breach of Contract/Warranty (06) Rules of Coun 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/WD (Personal Injury/ Warranty (arising from provisional/y comp/ex Property Damage/Wrong1ul Death) Other Breach of Contract/Warranty case type listed above) (41) Ton Collections (e.g., money owed, open En1orcemen1 (:1 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 Case Confession of Judgment (non- Insurance Coverage (not provisional/y domestic relations) Product Liability (not asbestos or taxis/Environmental) (24) complex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogaiion Administrative Agency Award Medical Malpractice—2* Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petilion/Cenificalion of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Real Property Case Other PI/PD/WD (23) Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified above) (42) (e.g., assault, vandalism) Other Real Properly (e.g.. quiet title) (26) Intentional Infliction of Declaratory Relief Only Writ of Possession of Real Property Injunctive Relief Only (non, Emotional Distress Morlgage Foreclosure harassment) Negligent Infliction of Quiet Tiile Emotional Distress Mechanics Lien Other Real Propeny (not eminent Other PI/PD/WD Other Commercial Complaint domaIn, landlord/tenant, or Case (non-tort/non-complex) Non-PI/PD/WD (Other) Ton foreclosure) Other Civil Complaint Business Tort/Unfair Business Unlawful Detainer (nonrtort/nonrcomplex) 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 Propeny (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 WritiMandamus on Limited Court Peiition for Name Change (not medical or legal) Case Matter Petition for Relief From Lale Other NoniPI/PD/WD Torl (35) Writflther 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 AppealiLabor Commissioner Appeals CM-010 [Rem Ju‘y 1, 2007] Page 2 of 2 CIVIL CASE COVER SHEET