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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Neil B. Fineman - SBN 177915
155 N. Riverview Dr.
Anaheim Hills, CA 92808
TELEPHONE NO.: 714-620-1125 FAX NO. (Optional): 714-701-0155
E-MAIL ADDRESS: neil@finemanpoliner.com
ATTORNEY FOR (Name): Plaintiff, Valerie Harvey 9/19/2022
SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL
STREET ADDRESS: 939 West Main St
MAILING ADDRESS:
CITY AND ZIP CODE: El Centro 92243
BRANCH NAME: El Centro Courthouse
CASE NAME: Harvey v Boot Barn
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
Unlimited Limited Counter Joinder 22CV02127
(Amount (Amount Filed with first appearance by defendant
demanded demanded is JUDGE:
(Cal. Rules of Court, rule 3.402)
exceeds $25,000) $25,000) 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) 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 domain/Inverse Insurance coverage claims arising from the
Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case
Non-PI/PD/WD (Other) Tort Wrongful eviction (33) 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 (13) 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
Other non-PI/PD/WD tort (35) Miscellaneous Civil Petition
Asset forfeiture (05)
Employment Petition re: arbitration award (11) Partnership and corporate governance (21)
Wrongful termination (36) Other petition (not specified above) (43)
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. Large number of witnesses
b. Extensive motion practice raising difficult or novel e. 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
f. Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. monetary b. nonmonetary; declaratory or injunctive relief c. punitive
4. Number of causes of action (specify): 5 - Violations of CC 1749.5, 1770; B&P 17200, 17500; Money Had and Received
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 19, 2022
Neil B. Fineman ï‚„ /s/ Neil Fineman
(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
CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10
CM-010 [Rev.September 1, 2021] www.courts.ca.gov
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
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)
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 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-
Insurance Coverage (not provisionally domestic relations)
Product Liability (not asbestos or
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 PI/PD/WD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Wrongful Eviction (33) Other Complaint (not specified
Intentional Bodily Injury/PD/WD
Other Real Property (e.g., quiet title) (26) above) (42)
(e.g., assault, vandalism)
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
Other PI/PD/WD domain, landlord/tenant, or
Other Commercial Complaint
foreclosure)
Non-PI/PD/WD (Other) Tort Case (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) Commercial (31) (non-tort/non-complex)
Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (if the case involves illegal
Partnership and Corporate
harassment) (08) drugs, check this item; otherwise,
Governance (21)
report as Commercial or Residential)
Defamation (e.g., slander, libel) Other Petition (not specified
(13) Judicial Review above) (43)
Fraud (16) Asset Forfeiture (05)
Civil Harassment
Petition Re: Arbitration Award (11)
Intellectual Property (19) Workplace Violence
Writ of Mandate (02)
Professional Negligence (25) Elder/Dependent Adult
Writ–Administrative Mandamus
Legal Malpractice Abuse
Writ–Mandamus on Limited Court
Other Professional Malpractice Election Contest
Case Matter
(not medical or legal) Petition for Name Change
Writ–Other Limited Court Case
Other Non-PI/PD/WD Tort (35) Petition for Relief From Late
Review
Employment Claim
Other Judicial Review (39)
Wrongful Termination (36) Other Civil Petition
Review of Health Officer Order
Other Employment (15) Notice of Appeal–Labor
Commissioner Appeals
CM-010 [Rev. September 1, 2021] CIVIL CASE COVER SHEET Page 2 of 2
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CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Neil B. Fineman - SBN 177915 155 N. Riverview Dr. Anaheim Hills, CA 92808 TELEPHONE NO.: 714-620-1125 FAX NO. (Optional): 714-701-0155 E-MAIL ADDRESS: neil@finemanpoliner.com ATTORNEY FOR (Name): Plaintiff, Valerie Harvey 9/19/2022 SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL STREET ADDRESS: 939 West Main St MAILING ADDRESS: CITY AND ZIP CODE: El Centro 92243 BRANCH NAME: El Centro Courthouse CASE NAME: Harvey v Boot Barn CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: Unlimited Limited Counter Joinder 22CV02127 (Amount (Amount Filed with first appearance by defendant demanded demanded is JUDGE: (Cal. Rules of Court, rule 3.402) exceeds $25,000) $25,000) 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) 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 domain/Inverse Insurance coverage claims arising from the Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case Non-PI/PD/WD (Other) Tort Wrongful eviction (33) 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 (13) 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 Other non-PI/PD/WD tort (35) Miscellaneous Civil Petition Asset forfeiture (05) Employment Petition re: arbitration award (11) Partnership and corporate governance (21) Wrongful termination (36) Other petition (not specified above) (43) 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. Large number of witnesses b. Extensive motion practice raising difficult or novel e. 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 f. Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. monetary b. nonmonetary; declaratory or injunctive relief c. punitive 4. Number of causes of action (specify): 5 - Violations of CC 1749.5, 1770; B&P 17200, 17500; Money Had and Received 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 19, 2022 Neil B. Fineman  /s/ Neil Fineman (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 CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10 CM-010 [Rev.September 1, 2021] www.courts.ca.gov 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 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) 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 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- Insurance Coverage (not provisionally domestic relations) Product Liability (not asbestos or 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 PI/PD/WD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Wrongful Eviction (33) Other Complaint (not specified Intentional Bodily Injury/PD/WD Other Real Property (e.g., quiet title) (26) above) (42) (e.g., assault, vandalism) 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 Other PI/PD/WD domain, landlord/tenant, or Other Commercial Complaint foreclosure) Non-PI/PD/WD (Other) Tort Case (non-tort/non-complex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) Commercial (31) (non-tort/non-complex) Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate harassment) (08) drugs, check this item; otherwise, Governance (21) report as Commercial or Residential) Defamation (e.g., slander, libel) Other Petition (not specified (13) Judicial Review above) (43) Fraud (16) Asset Forfeiture (05) Civil Harassment Petition Re: Arbitration Award (11) Intellectual Property (19) Workplace Violence Writ of Mandate (02) Professional Negligence (25) Elder/Dependent Adult Writ–Administrative Mandamus Legal Malpractice Abuse Writ–Mandamus on Limited Court Other Professional Malpractice Election Contest Case Matter (not medical or legal) Petition for Name Change Writ–Other Limited Court Case Other Non-PI/PD/WD Tort (35) Petition for Relief From Late Review Employment Claim Other Judicial Review (39) Wrongful Termination (36) Other Civil Petition Review of Health Officer Order Other Employment (15) Notice of Appeal–Labor Commissioner Appeals CM-010 [Rev. September 1, 2021] CIVIL CASE COVER SHEET Page 2 of 2