Preview
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Kevin M. O'Brien (SBN: 122713)
Downey Brand, LLP, 621 Capitol Mall, 18th Floor
Sacramento, CA 95814 ELECTRONICALLY FILED
TELEPHONE NO.: 916-444-1000 FAX NO. (Optional): 916-444-2100 Superior Court of California
E-MAIL ADDRESS: kobrien@downeybrand.com
ATTORNEY FOR (Name): Petitioner Las Posas Basin Water Rights Coalition
County of Santa Barbara
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
Darrel E. Parker, Executive Officer
STREET ADDRESS: 1100 Anacapa Street 9/17/2021 4:45 PM
MAILING ADDRESS: By: Narzralli Baksh, Deputy
CITY AND ZIP CODE: Santa Barbara, CA 93101
BRANCH NAME:
CASE NAME:
Las Posas Basin Water Rights Coalition v. Fox Canyon Groundwater Management Agency
CASE NUMBER:
CIVIL CASE COVER SHEET Complex Case Designation
21CV03714
~ Unlimited â–¡ Limited
â–¡ Counter â–¡ Joinder
(Amount (Amount
Filed with first appearance by defendant JUDGE:
demanded demanded is
(Cal. Rules of Court, rule 3.402)
exceeds $25,000) $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 Contract Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400–3.403)
â–¡ Auto (22)
â–¡ Breach of contract/warranty (06)
â–¡ Uninsured motorist (46)
â–¡ Rule 3.740 collections (09) â–¡ Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property
â–¡ Other collections (09) â–¡ Construction defect (10)
â–¡
Damage/Wrongful Death) Tort Mass tort (40)
â–¡ Insurance coverage (18)
â–¡ Asbestos (04)
â–¡ Other contract (37) â–¡ Securities litigation (28)
â–¡ Product liability (24)
Real Property â–¡ Environmental/Toxic tort (30)
â–¡ Medical malpractice (45)
â–¡Eminent domain/Inverse â–¡ Insurance coverage claims arising from the
â–¡ Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case
types (41)
Non-PI/PD/WD (Other) Tort
â–¡ Wrongful eviction (33) Enforcement of Judgment
â–¡ Business tort/unfair business practice (07)
â–¡ Other real property (26)
â–¡ Enforcement of judgment (20)
â–¡ Defamation (13)
Civil rights (08) Unlawful Detainer
Miscellaneous Civil Complaint
â–¡ Fraud (16) â–¡ Commercial (31)
â–¡ Intellectual property (19) â–¡ Residential (32) â–¡ RICO (27)
â–¡ Professional negligence (25) â–¡ Drugs (38) â–¡ Other complaint (not specified above) (42)
â–¡ Other non-PI/PD/WD tort (35)
Judicial Review Miscellaneous Civil Petition
â–¡ â–¡ Asset forfeiture (05)
â–¡ Partnership and corporate governance (21)
Employment
â–¡ Petition re: arbitration award (11)
~ Other petition (not specified above) (43)
â–¡ Wrongful termination (36)
â–¡ Writ of mandate (02)
â–¡ Other employment (15)
â–¡ Other judicial review (39)
2. This case is
â–¡ 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.
â–¡ Large number of separately represented parties d. â–¡ Coordination
Large number of witnesses
b. ~ Extensive motion practice raising difficult or novel e.
â–¡ courts in otherwith related actions pending in one or more
counties, states, or countries, or in a federal
issues that will be time-consuming to resolve
court
c.
â–¡ Substantial amount of documentary evidence f.
â–¡ Substantial postjudgment judicial supervision punitive
monetary b. ~ nonmonetary; declaratory or injunctive relief c.
3. Remedies sought (check all that apply): a.
4. Number of causes of action (specify): 5
â–¡
5. This case
â–¡ is 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: September 17, 2021
Kevin M. O'Brien ï‚„
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
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 1 of 2
Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3.400–3.403, 3.740;
Judicial Council of California Cal. Standards of Judicial Administration, std. 3.10
CM-010 [Rev.September 1, 2021] CIVIL CASE COVER SHEET American LegalNet, Inc. www.courts.ca.gov
www.FormsWorkFlow.com
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
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)
Contract (not unlawful detainer Construction Defect (10)
Uninsured Motorist (46) (if the
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 PI/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 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)
complex) (18)
toxic/environmental) (24) 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
Other Contract Dispute Other Enforcement of Judgment
Malpractice
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
Other Real Property (e.g., quiet title) (26)
(e.g., assault, vandalism) above) (42)
Intentional Infliction of Writ 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
domain, landlord/tenant, or
Other PI/PD/WD Other Commercial Complaint
foreclosure) Case (non-tort/non-complex)
Non-PI/PD/WD (Other) Tort
Unlawful Detainer
Business Tort/Unfair Business Other Civil Complaint
Commercial (31)
Practice (07) (non-tort/non-complex)
Residential (32)
Civil Rights (e.g., discrimination, Miscellaneous Civil Petition
Drugs (38) (if the case involves illegal
false arrest) (not civil drugs, check this item; otherwise, Partnership and Corporate
harassment) (08) report as Commercial or Residential) Governance (21)
Defamation (e.g., slander, libel) Judicial Review Other Petition (not specified
(13) Asset Forfeiture (05) above) (43)
Fraud (16) Petition Re: Arbitration Award (11) Civil Harassment
Intellectual Property (19) Writ of Mandate (02) Workplace Violence
Professional Negligence (25) Writ–Administrative Mandamus Elder/Dependent Adult
Legal Malpractice Writ–Mandamus on Limited Court Abuse
Other Professional Malpractice Case Matter Election Contest
(not medical or legal) Writ–Other Limited Court Case Petition for Name Change
Other Non-PI/PD/WD Tort (35) Review Petition for Relief From Late
Other Judicial Review (39) Claim
Employment Review of Health Officer Order
Wrongful Termination (36) Other Civil Petition
Notice of Appeal–Labor
Other Employment (15) Commissioner Appeals
CM-010 [Rev.September 1, 2021] CIVIL CASE COVER SHEET Page 2 of 2
American LegalNet, Inc.
www.FormsWorkFlow.com
Preview
CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Kevin M. O'Brien (SBN: 122713) Downey Brand, LLP, 621 Capitol Mall, 18th Floor Sacramento, CA 95814 ELECTRONICALLY FILED TELEPHONE NO.: 916-444-1000 FAX NO. (Optional): 916-444-2100 Superior Court of California E-MAIL ADDRESS: kobrien@downeybrand.com ATTORNEY FOR (Name): Petitioner Las Posas Basin Water Rights Coalition County of Santa Barbara SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA Darrel E. Parker, Executive Officer STREET ADDRESS: 1100 Anacapa Street 9/17/2021 4:45 PM MAILING ADDRESS: By: Narzralli Baksh, Deputy CITY AND ZIP CODE: Santa Barbara, CA 93101 BRANCH NAME: CASE NAME: Las Posas Basin Water Rights Coalition v. Fox Canyon Groundwater Management Agency CASE NUMBER: CIVIL CASE COVER SHEET Complex Case Designation 21CV03714 ~ Unlimited □ Limited □ Counter □ Joinder (Amount (Amount Filed with first appearance by defendant JUDGE: demanded demanded is (Cal. Rules of Court, rule 3.402) exceeds $25,000) $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 Contract Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400–3.403) □ Auto (22) □ Breach of contract/warranty (06) □ Uninsured motorist (46) □ 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 Mass tort (40) □ Insurance coverage (18) □ Asbestos (04) □ Other contract (37) □ Securities litigation (28) □ Product liability (24) Real Property □ Environmental/Toxic tort (30) □ Medical malpractice (45) □Eminent domain/Inverse □ Insurance coverage claims arising from the □ Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case types (41) Non-PI/PD/WD (Other) Tort □ Wrongful eviction (33) Enforcement of Judgment □ Business tort/unfair business practice (07) □ Other real property (26) □ Enforcement of judgment (20) □ Defamation (13) Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint □ Fraud (16) □ Commercial (31) □ Intellectual property (19) □ Residential (32) □ RICO (27) □ Professional negligence (25) □ Drugs (38) □ Other complaint (not specified above) (42) □ Other non-PI/PD/WD tort (35) Judicial Review Miscellaneous Civil Petition □ □ 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) □ Other employment (15) □ Other judicial review (39) 2. This case is □ 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. □ Large number of separately represented parties d. □ Coordination Large number of witnesses b. ~ Extensive motion practice raising difficult or novel e. □ courts in otherwith related actions pending in one or more counties, states, or countries, or in a federal issues that will be time-consuming to resolve court c. □ Substantial amount of documentary evidence f. □ Substantial postjudgment judicial supervision punitive monetary b. ~ nonmonetary; declaratory or injunctive relief c. 3. Remedies sought (check all that apply): a. 4. Number of causes of action (specify): 5 □ 5. This case □ is 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: September 17, 2021 Kevin M. O'Brien  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) 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 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3.400–3.403, 3.740; Judicial Council of California Cal. Standards of Judicial Administration, std. 3.10 CM-010 [Rev.September 1, 2021] CIVIL CASE COVER SHEET American LegalNet, Inc. www.courts.ca.gov www.FormsWorkFlow.com 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 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) Contract (not unlawful detainer Construction Defect (10) Uninsured Motorist (46) (if the 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 PI/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 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) complex) (18) toxic/environmental) (24) 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 Other Contract Dispute Other Enforcement of Judgment Malpractice 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 Other Real Property (e.g., quiet title) (26) (e.g., assault, vandalism) above) (42) Intentional Infliction of Writ 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 domain, landlord/tenant, or Other PI/PD/WD Other Commercial Complaint foreclosure) Case (non-tort/non-complex) Non-PI/PD/WD (Other) Tort Unlawful Detainer Business Tort/Unfair Business Other Civil Complaint Commercial (31) Practice (07) (non-tort/non-complex) Residential (32) Civil Rights (e.g., discrimination, Miscellaneous Civil Petition Drugs (38) (if the case involves illegal false arrest) (not civil drugs, check this item; otherwise, Partnership and Corporate harassment) (08) report as Commercial or Residential) Governance (21) Defamation (e.g., slander, libel) Judicial Review Other Petition (not specified (13) Asset Forfeiture (05) above) (43) Fraud (16) Petition Re: Arbitration Award (11) Civil Harassment Intellectual Property (19) Writ of Mandate (02) Workplace Violence Professional Negligence (25) Writ–Administrative Mandamus Elder/Dependent Adult Legal Malpractice Writ–Mandamus on Limited Court Abuse Other Professional Malpractice Case Matter Election Contest (not medical or legal) Writ–Other Limited Court Case Petition for Name Change Other Non-PI/PD/WD Tort (35) Review Petition for Relief From Late Other Judicial Review (39) Claim Employment Review of Health Officer Order Wrongful Termination (36) Other Civil Petition Notice of Appeal–Labor Other Employment (15) Commissioner Appeals CM-010 [Rev.September 1, 2021] CIVIL CASE COVER SHEET Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com