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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Hunt & Henriques, LLP Debt collection license application pending.
Donald Sherrill #266038 | | Keri L. Salet #318913
7017 Realm Drive, San José, CA 95119
TELEPHONE NO: (800) 680-2426 FAX NO: (408) 362-2299
ATTORNEY FOR (“1ame): Plaintiff
|SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 North First Street
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose CA 95113.
BRANCH NAME: Downtown Superior Court
CASE NAME: Bank of America, N.A. v. XUHONG LI
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER
Unlimited X_| Limited .
(Amount (Amount Counter Joinder
demanded demanded is Filed with first appearance by defendant JUDGE:
exceeds $25,000) _ $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT.
Items 1-6 below must be completed (see instructions on page 2).
. 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) LXJI Rule 3.740 collections (09) Antitrus/Trade regulation (03)
Other P/PD/WD (Personal Injury/Property Other collections (09) Cre ton detect (10)
Damage/Wrongful Death) Tort Insurance coverage (18) ae ees ton a0)
—] Asbestos (04) Other contract (37) L_] Securities litigation (28)
Cee Real Property [1 Insranc coverage ote ering tom he
Medical malpractice (45) Eminent domain/Inverse GuCve lied provisional Commler cae
Other P/PD/WD (23) condemnation (14) types (41)
Non-PU/PD/WD (Other) Tort Wrongful eviction (33) Enforcement of Judgment
Business torV/unfair business practice (07) Other real property (26) Enforcement of judgment (20)
Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint
Defamation (13) Commercial (31) RICO (27)
Fraud (16) Residential (32) Other complaint (not specified above) (42)
Intellectual property (19) Drugs (38) Miscellaneous Civil Petition
Professional negligence (25) Judicial Review LJ Partnership and corporate governance (21)
Other non-PI/PDWD tort (35) Asset forfeiture (05) Other petition (not specified above) (43)
Employment Petition re: arbitration award (11)
Wrongful termination (36) Writ of mandate (02)
L__] Other employment (15) Other judicial review (39)
2. This case is Li] 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._J 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
Cc. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision
Remedies sought (check all that apply): a. X] monetary —b. nonmonetary; declaratory or injunctive relief c.[__] punitive
3.
4. Number of causes of action (specify): 1
5. Thiscase [—Jis [XJisnot 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: August 25, 2022
riL. Salet #318913
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 5.220.) 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 shall be used for statistical purposes only.
Page 1 of 2
Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal Rules of Coun, rules 2.50, 3290, 3.400-3.403, 3.740;
‘Judicial Council of California Cal. Standards of Judicial Administration, sid. 3.10
CM-010 [Rev. September 1, 2021}
1496290.001CM-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 7 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.
Auto Tort
Auto (22)-Personal Injury/Property
Damage/Wrongtul Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other PYPD/WO (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 PYPD/WD (23)
Premises Liability (e.9., slip
and fall)
Intentional Bodily Injury/PDWD
(e.g., assault, vandalism)
Intentional infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PYPD/WD
Non-PV/PD/WD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
(not medical or legal)
Other Non-PI/PD/WU ‘Tort (35)
Employment
Wrongful Termination (36)
Other Employment (15)
CASE TYPES AND EXAMPLES
Contract
Breach of ContractWarranty (06)
Breach of Rental/Lease
Contract (not unlawful 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)
Wrongtul Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this item; 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
Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rule 3.400-3.403)
Antitrust/T rade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
EnvironmentalToxic Tort (30)
Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
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)
Petition/Certification of Entry of
Judgment on Unpaid Tax
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-tort/non-complex)
Miscellaneous Civil Petition
Partnership and Corporate
Governance (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 Civil Petition
(CM-010 [Rev. September 1, 2021]
CIVIL CASE COVER SHEET
Page 2 of 2
1496290.001
Preview
CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Hunt & Henriques, LLP Debt collection license application pending. Donald Sherrill #266038 | | Keri L. Salet #318913 7017 Realm Drive, San José, CA 95119 TELEPHONE NO: (800) 680-2426 FAX NO: (408) 362-2299 ATTORNEY FOR (“1ame): Plaintiff |SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose CA 95113. BRANCH NAME: Downtown Superior Court CASE NAME: Bank of America, N.A. v. XUHONG LI CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER Unlimited X_| Limited . (Amount (Amount Counter Joinder demanded demanded is Filed with first appearance by defendant JUDGE: exceeds $25,000) _ $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT. Items 1-6 below must be completed (see instructions on page 2). . 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) LXJI Rule 3.740 collections (09) Antitrus/Trade regulation (03) Other P/PD/WD (Personal Injury/Property Other collections (09) Cre ton detect (10) Damage/Wrongful Death) Tort Insurance coverage (18) ae ees ton a0) —] Asbestos (04) Other contract (37) L_] Securities litigation (28) Cee Real Property [1 Insranc coverage ote ering tom he Medical malpractice (45) Eminent domain/Inverse GuCve lied provisional Commler cae Other P/PD/WD (23) condemnation (14) types (41) Non-PU/PD/WD (Other) Tort Wrongful eviction (33) Enforcement of Judgment Business torV/unfair business practice (07) Other real property (26) Enforcement of judgment (20) Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint Defamation (13) Commercial (31) RICO (27) Fraud (16) Residential (32) Other complaint (not specified above) (42) Intellectual property (19) Drugs (38) Miscellaneous Civil Petition Professional negligence (25) Judicial Review LJ Partnership and corporate governance (21) Other non-PI/PDWD tort (35) Asset forfeiture (05) Other petition (not specified above) (43) Employment Petition re: arbitration award (11) Wrongful termination (36) Writ of mandate (02) L__] Other employment (15) Other judicial review (39) 2. This case is Li] 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._J 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 Cc. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision Remedies sought (check all that apply): a. X] monetary —b. nonmonetary; declaratory or injunctive relief c.[__] punitive 3. 4. Number of causes of action (specify): 1 5. Thiscase [—Jis [XJisnot 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: August 25, 2022 riL. Salet #318913 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 5.220.) 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 shall be used for statistical purposes only. Page 1 of 2 Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal Rules of Coun, rules 2.50, 3290, 3.400-3.403, 3.740; ‘Judicial Council of California Cal. Standards of Judicial Administration, sid. 3.10 CM-010 [Rev. September 1, 2021} 1496290.001CM-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 7 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. Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongtul Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PYPD/WO (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 PYPD/WD (23) Premises Liability (e.9., slip and fall) Intentional Bodily Injury/PDWD (e.g., assault, vandalism) Intentional infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PYPD/WD Non-PV/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PD/WU ‘Tort (35) Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of ContractWarranty (06) Breach of Rental/Lease Contract (not unlawful 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) Wrongtul Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; 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 Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rule 3.400-3.403) Antitrust/T rade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentalToxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) 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) Petition/Certification of Entry of Judgment on Unpaid Tax 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-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (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 Civil Petition (CM-010 [Rev. September 1, 2021] CIVIL CASE COVER SHEET Page 2 of 2 1496290.001