Miscellaneous: SYSCO SAN FRANCISCO, INC. A CALIFORNIA CORPORATION VS. AMIR ASLI et al

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                                SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
May-07-2014 1:25 pm

Case Number: CGC-14-539149
Filing Date: May-07-2014 1:21

Filed by: ROSSALY DELAVEGA
Juke Box: 001 Image: 04474629
COMPLAINT

SYSCO SAN FRANCISCO, INC. A CALIFORNIA CORPORATION VS. AMIR ASLI
et al

001004474629

Instructions:
Please place this sheet on top of the document to be scanned.

>SUMMONS SUM-100
(CITACION JUDICIAL) (S0L0 PARA USO DE LA CORTE)
NOTICE TO DEFENDANT: AMIR ASLI, individually and dba

(AVISO AL DEMANDADO): BACHEESO and dba BACHEESO GARDEN
BISTRO;

AND DOES I THROUGH X, AND EACH OF THEM, INCLUSIVE

YOU ARE BEING SUED BY PLAINTIFF: SYSCO SAN FRANCISCO,
(LO ESTA DEMANDANDO EL DEMANDANTE): INC., a California
corporation

NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
‘served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the Califomia Courts
Online Self-Help Center (www. courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.

There are other legal requirements. You may want to call an attomey right away. If you do not know an attomey, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate .
these nonprofit groups at the Califomia Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www. courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
jAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informacién a
continuacion

Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta .
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de Califomia (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado 0 en la corte que le quede mas cerca. Si no puede pagar la cuota de presentacién, pida al secretario de la corte
que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y Ia corte le
podré quitar su sueldo, dinero y bienes sin mas advertencia.

Hay otros requisitos legales. Es recomendable que Ilame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte o ef
colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperacién de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que
{ paoae el gravamen de la corte antes de que la corte pueda desechar el caso.

name and address of the court is:

(El nombre y direccién de la corte es): 4 - 5 3 9 1 4 9
SUPERIOR COURT: STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO: LIMITED CIVIL JURISDICTION
400 McAllister Street
San Francisco, CA 94102
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, la direccién y el nimero de teléfono del abogado del demandante, o del demanda
DAVID J. COOK, ESQ. SBN 060859 4
COOK COLLECTION ATTORNEYS » PLC
165 Fell Street, San Francisco, CA 94102-510€
P.O. Box 270, San Francisco, CA 94104-0279

(echo) _ WAY 072014 CLERK OF THE COUR

(Para prueba de de entrega de esta citation use el formulario Prbo! O ‘of Service of Sumpfors
NOTICE TO THE PERSO! SERVED: You are g€fve

que no tiene abogado, es):

2. as the person sued under the fictitic

3. on behalf of (specify):

under: CCP 416.10 (corporation) CCP 416.60 (minor)

CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)

CCP 416.40 (association or partnership) CCP 416.90 (authorized person)
(J other (specify):

b pareonat delivery on (date; Page 1 of

Form Adopted for Mandatory Use SUMMONS Code of Civil Procedure §§ 412.20, 465,

Judicial Councit of California
‘SUM-100 [Rev. July 1, 2009]NCI
DAVID J. COOK, ESQ. (State Bar # 060859) SUPERIOR GgGOUNTY
COOK COLLECTION ATTORNEYS se
A PROFESSIONAL LAW CORPORATION
165 Fell Street
San Francisco, CA 94102
Mailing Address: P.O. Box 270
San Francisco, CA 94104-0270
Tel.: (415) 989-4730
Fax: (415) 989-0491
File No. 56,366

Attorneys for Plaintiff
SYSCO SAN FRANCISCO, INC., a California corporation

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

we COUNTY OF SAN FRANCISCO
LIMITED CIVIL JURISDICTION
Ce 1
-

SYSCO SAN FRANCISCO, INC., a ) CASE NO. - 4 53 91 4 9
California corporation, )

) COMPLAINT FOR GOODS SOLD AND

Plaintiff, ) DELIVERED; BREACH OF INDIVIDUAL

) PERSONAL GUARANTY
vs. )

) The amount prayed for is less than $25,000.
AMIR ASLL, individually and dba ) $18,260.47.
BACHEESO and dba BACHEESO )
GARDEN BISTRO; )

)
AND DOES I THROUGH X AND )
EACH OF THEM INCLUSIVE, )

)

Defendants. )
)

Plaintiff hereby complains of Defendants, and each of the same, as follows:
FIRST CAUSE OF ACTION
1. Plaintiff is a corporation doing business in the State of California, whose appropriate
regulatory licensing or political subdivisions, agencies, departments, or the like, if any, have issued
& Plaintiff the appropriate licenses, certificates, permits or permissions to sell or furnish the above
GOODS.
2. Plaintiff is unaware of the true names or capacities of Defendants named as DOES I

THROUGH X, AND EACH OF THEM, INCLUSIVE, and sues them herein under said fictitious

1

COMPLAINT FOR GOODS SOLD AND DELIVERED; BREACH OF INDIVIDUAL PERSONAL GUARANTYCo Om YN DHA BF WN

RN YN KR RN KY KY BF Be Be Bw ew ew eB Be
oy A A PB YN fF SF OM HAA BRB BH = S

name, praying leave to amend this complaint when the true names and capacities of said
Defendants are ascertained.

3. At all times herein mentioned, Defendant is an individual as set forth in the caption
hereof, which is incorporated by reference. Venue is properly within this judicial district in that
the sale and/or furnishing of the goods, services or money as set forth below occurred herein; that
the transaction which is the subject of the action herein was consummated in the judicial district
herein.

4. Prior to the commencement of this action within this judicial district, Defendants, and
each of them, became and still are indebted to Plaintiff who sold and delivered to said Defendants,
and each of the same, at their special instance and request, and or furnished, GOODS, WARES
and MERCHANDISE, and related products thereon for use in the operation of the Defendants’
business or the like, hereinafter “ GOODS” on credit and the like, to said Defendants, and each of
them, at agreed prices upon open book accounts in the sums set forth opposite their names, for
which said GOODS had a reasonable value all as set forth in the attached Schedule, marked
Exhibit “A” and incorporated by reference , indicating the liability for each of the Defendants, and
each of them, in the amounts set forth in their names.

5. Although demand has been made, Defendants, and each of them, have failed and
refused and continue to fail and refuse, to pay said indebtedness, and every part thereof, even
though the same and every part thereof is now due, payable and unpaid. Interest has accrued in the
amount all as set forth in Exhibit “A” at the rate set forth therein and accrues from and after the
date set forth therein, until judgment is taken.

6. The claim of indebtedness sued herein is not subject to the provisions of Civil Code
Sections 1812.10 and 2984.4 because said indebtedness did not arise from a retail installment
contract or under a contract for the purchase and/or financing of a motor vehicle.

7. At all times herein mentioned, Defendants, and each of them, are agents, employees and
servants of each other and have undertaken the acts as described herein in the course and scope of

their agency and/or employment.

2

COMPLAINT FOR GOODS SOLD AND DELIVERED; BREACH OF INDIVIDUAL PERSONAL GUARANTYSECOND CAUSE OF ACTION

8. Plaintiff hereby incorporates the first cause of action as though fully set forth herein.

9. Within two years last past and prior to the commencement of this action, an account
was stated in writing by and between Plaintiff and Defendants, and each of them, in the amounts as
set forth in Exhibit “A”, which is attached hereto and incorporated by reference as though fully set
forth herein.

THIRD CAUSE OF ACTION

10. Plaintiff hereby incorporate all prior causes of action as though fully set forth herein.

11. Within two years last past and prior to the commencement of this action, Plaintiff
delivered, furnished, rendered or supplied GOODS to Defendants, and each of them, at their
special instances and request.

12. At all times mentioned said GOODS, wares and merchandise for credit, had a
reasonable value as set forth in Exhibit “A” which is attached hereto and incorporated by reference
as though fully set forth herein.

FOURTH CAUSE OF ACTION

13. Plaintiff hereby incorporates all prior causes of action as though fully set forth herein.

14. On or about on the date set forth, in the County of Alameda, in the State of California,
Defendant AMIR ASLI, and DOES VI through X, and each of them, hereinafter cited as

“Defendant Guarantors, “ for valuable consideration, undertook and agreed by a guaranty in
writing to pay Plaintiff Assignor or Plaintiff when due or any other time thereafter the
indebtedness contracted by BACHEESO and dba BACHEESO GARDEN BISTRO, and DOES I
through V, and each of them. A copy of said written guaranty is attached hereto, marked Exhibit
“B” and incorporated by reference as though fully set forth herein.

15. Demand has been made upon said Defendant Guarantors, and each of them, for
payment of said indebtedness, and every part thereof, but said foregoing Defendants, and each of
them, have failed and refused and continue to fail and refuse to pay said indebtedness, or any part

thereof.

3

Ss SSS
COMPLAINT FOR GOODS SOLD AND DELIVERED; BREACH OF INDIVIDUAL PERSONAL GUARANTY0 Oo YN DH PF WN

16. Asa result of the failure and refusal of said Defendant Guarantors, and each of them,
to liquidate the indebtedness as alleged in the First Cause of Action pursuant to the said terms and
conditions of said guaranty, Plaintiff has been damaged in the full amount of the indebtedness as
set forth in the First Cause of Action.

17. By the terms of said written guaranty, said Defendant Guarantors, and each of them,
have, in fact, not only agreed to pay the indebtedness as alleged in the First Cause of Action, but
furthermore, have agreed to pay reasonable attorneys fees in the event that Plaintiff is forced to file
suit to effectuate collection of the said indebtedness.

WHEREFORE, Plaintiff prays for judgment against said Defendants, as follows:

1. For damages in the principal amount as set forth in Exhibit “A” which is attached hereto
and incorporated by reference as though fully set forth herein for each of the Defendants, and each
of them.

2. For accrued interest in the amount, interest accruing at the rate from the date so accruing,
until judgment is taken, all as set forth in Exhibit “A” which is attached hereto-anfincorperated by

teference as though fully set forth herein.

3. For reasonable attorneys fees and costs of suit herein,

DATED: May 1, 2014 COOK COLLECTION ATJORN
By: -
Attorneys fo : i
SYSCO SAN FRANCISCO, INC., a California
corporation
F:\USERS\DJCNEW\bacheeso.com
4

COMPLAINT FOR GOODS SOLD AND DELIVERED; BREACH OF INDIVIDUAL PERSONAL GUARANTYEXHIBIT “A”wn

Co nN a

10
ul
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

EXHIBIT “A”

UNPAID PRINCIPAL DUE PLAINTIFF: $18,260.47,
REFERENCE TO PARAGRAPH THREE OF THE

COMPLAINT AND SUB-PARAGRAPH ONE OF THE

PRAYER]

ACCRUED INTEREST DUE PLAINTIFF: $ -0-
[REFERENCE TO PARAGRAPH FOUR OF THE

COMPLAINT AND SUB-PARAGRAPH TWO OF

THE PRAYER]

RATE OF INTEREST ON UNPAID PRINCIPAL: 10 % PER ANNUM
[REFERENCE TO PARAGRAPH FOUR OF THE

COMPLAINT AND SUB-PARAGRAPH TWO OF

THE PRAYER]

DATE OF ACCRUED INTEREST AND DATE

THEREAFTER THAT INTEREST SO ACCRUES __ May 2, 2014 _
UNTIL JUDGMENT IS TAKEN HEREIN:

[REFERENCE TO PARAGRAPH FOUR OF THE

COMPLAINT AND SUB-PARAGRAPH TWO OF

THE PRAYER]EXHIBIT “B”g-17-2009 @2:16 PM @ e P.e1
i Feed’ 5 too uy /

WE'D LIKE YOUR SHIPPING AND BILLING

SM TO A/D - IBF 1 CPA wus ro:
Abedego Ctckid (hey 248 Cond me

LAcheeco Gedew Bisbro Loebneck CA FY¥bln

24F
Ml -2 50 Coadsve tp gaklind

cir, Eth zp ACCOUNTS PAYABLE CONTACT

Ge £2) - (49 12. (DORESS

ACCOUNTS PAYABLE PHONENO,

TELL US THE FACTS ABOUT YOUR BUSINESS:

NEW OWNER? res Cno purchase pare 7/2 LENGTH OF PRESENT OWNERSHIP.
BUILOING/FACIUTIES Clowns SB teasto owner's NAME.

@ PROPRIETORSHIP. PARTNERSHIP: UMITED PARTNERSHIP C1 corporation

Cl umireo wasiiry C1) NoN-pRorir

PROVIDE THI INFORMATION POR INDIVIDUAL PROPRIETOR, GENERAL PARTNERS CORPORATE OFFicars:
Be pedeseo Gse@ ou WY ESC) ~ emote
NAME AND TI AND TITLE

A

NAME AND TITLE
Same one As Zaghesco a
HOME ADDRESS, E ADDRESS. HOME ADDRESS

CHVY, STATE, ZIP ~ CITY, State. Ze

HOME PHONE NO. HOME PHONE NO.

—————.,

‘SOCIAL SECURITY NO. SOCIAL SECURITY NO. ‘SOCIAL SECURITY NC

DRIVER'S UCENSE NO DRIVER'S LICENSE NO.

LET US KNOW WHAT YOU NEED FROM US;

Tree oF Busivess: K@ReSTAURANT/FINE DING CJ Fastroops Cl ramey C1 INsTituTIONAL CJ HoremoTe. CJ seamiNG Car___
woseTal [1] NURSING HOME NUMBER OF BEDS, O otmer

GENERAL INFORMATION: WEEKLY PURCHASES SL 500 MONTHLY SALES VOLUME $.

NUMBER OF EMPLOYEES,
ADDRESS CITY, STATE, ZIP
ABA ROUTING NO. PHONE NO.
‘CHECKING (ACCOUNT NO.) ” ~ —
GIVE US A FEW REFERENCES, FOOD DISTRIBUTORS PREFE!
- &
ESS NAME BUSINESS NAME BUSINESS NAME
CITY, STATE. ZP Ci, STATE, ZIP CIV, STATE, ZIP

ee
PHONE NO. PHONE NO.

PHONE NO.6-209 91:57 PM

ustomer Account Application (“Application’
ss (collectively

1. Upon approval of this Application, Sysco, in its sole dis-
cin, ‘ond notwithstanding any request af Applicant,
shall have the right lo terminate int’s credit pelvi-
under this Application at ony time without prior notice
to Applicant, excep! o1 otherwise provided by law.
All purchases by Applicant of goods and/or services from
Sto wil be mode in oc lance with the terms ond
conditions of this Application and any invoices and/or
other documents incing Applicant's obligations to
Sysco, all of which are incorporated herein by this refer-
once

x

The entire autstanding belance due te Sysco on all invaices
shal cored inl imedatdy doen dela in he
Peyment of ony invoice. Applicant agrees Io poy interes! in
fropmounta | Skpermethcorkihigher eet
by lew, whichever Is less, on any post due amounts until
collected, and Applicant cigrees to poy all costs ef callection
incurred by Sysco, induding attorneys’ ‘axpemes,
should a. elo in paymant or ony cher sbhigahon of Ag:
plicant © Sysco occur

If this Application Is full if other
dre ton stakes wan eed any other

K Dunit

is made to Sysco Corporation; The 5;
“Sysco*) for the purpose of inducing Sysco to extend credit accommodations 40 the Applicant named below, and in accordance with the following terms:

TERMS AND CONDITIONS
Network, Inc.; FreshPoint, Inc. and each of their respective subsidiaries and

with Sysco, Applicant has the right to request within 60 from, relating to or In connection with this Application
don Sract notiheation off adverse aston, @ shall be subject fo the exchysive jurisdiction of said state.
statemer of specific reasons action, Hote . “ i

ms 6. licant hereby waives ony right Zant moy have fo
Shicin he setae oan Coy of cd request To ther or change he venue stem Bigetos Hee
‘our credit department, The Federal Equal Credit Oppor- court.
tai ibits creditors from discrimination against 7. If Applicant ceares doing business with Sysco for any rea:

son, Applicant will immediately purchase from Syico al

tional origin, sex, mortal sos, or ge [presided tel order lems in Syrcos i

applicant hos he sopociy to ante ae a nding coe tearing ponies eae ts in yo i

weet), because all ihe oppliconts income de:

rives from any public avsistonce programs; or because 8. ‘Applicant exprosly agrees that Syaco shell not be respon:
a

for oduct nonconformity as to quantity, qual-
iy, or pice unio noted or he orginal dslvery seve!
at the time of delivery of unless Sysco is notilied in writing
cof any such noncanformity within three (3) days of deliv
ary, by cartiied mail return receipt requasied,
Except as to quantity of goods ordered, no terms and con-
ions set forth in Gny Surchone onder oy ober foc
Applicant will opply to sales by Sysco to Applicant,

lerol agency
that administers compliance with this law concerning the
creditor is the Federal Trade Commission, Washington,
BC.

5. This Application and all transactions betwaen Applicant
‘and Sysco shell be govarned by and interpreted in occor:
dance with the laws and decisions of the state where
Sysco's operating company which provided this Applica:

°

ee i 10. Applicant hereby authorizes Sysco lo present for paymant
esate garda conc lw pr 10-apptson feeb cherie Soe pre poy

by granting, reducing, increasing or tefvaing such amount.
rewith, is rue ond correct end thot this information is being

il of which are incorporated herein by reference, ond io odvite Sysco af ony material ehonge inthe
Application whather or not it is

— _Asty

ICANT: (FULL FIRM NAME)

f
ye

Mines AGENT: (PRINT NAME & TITLE)

The Undersignad, ("Guaranter’), having a financial interest
ii Applicant, and benefiting from the tronsactions contam>
slated by this Application, hereby personally guaranties the
Paymen! by Applicant ta Syieo Corporation, The Sygmo
Network, Inc.; FreshPoinl, Inc. and each of their respective
subsidiaries ond affiliates (collectively “Sysco") ofall amounts
due and owing new, and from lime to time hereaker from

SIGNATURE SL OAE
INDIVIDUAL PERSONAL GUARANTY

te Guorantor against Syaco. In the event of a default by Ap survivors, and shall inure to the benefit of Sysco: ond its afi
plicont on its obligations to Sysco, Sysco may proceed di- ates and may be assigned by Sysco without notice to Guaran-
rely w enforce ight breunder ond halhave height this Quran al be goed Coat inlerpraned un.
op first against Guarantor, withou! proceeding with der the lows and dacisions ofthe stata where Sysco's operating

or exhousting ony other remedies. Guarantor in consider
ation of Sy ‘extending financial accomodation to Appli-
cant, hereby waives ond relinquishes any rights of indemnif-

company which provided this Application is located, with-
out regard to tha canficts of law provisions thereof (he “Ap-
plicable Site") Guarantor and Syico irrevocably agree,

Applicant to Sysco (the “Liabilitie”). Guarantor ‘expressly cation, coniribution, reimt OF exoneration which may ‘and hereby consent and submit to the non-exclusive joris-
Wang notice from Syico of i acceptance cnd reliance on be ostoried agains! Applicant If Guarantor performs his or dletlon af ‘any state or federal caurt located in the Appli-
this Guaronty, natice of sales made to Applicant and notice her obligations under this guarantee ond Guarantor under cable Store with regard te any dictions or proceedings aris-
ol defautt by Applicant. The ebligations of Guarantor here- stands the benefit of such rights. Guarantor agrees to pay oll ing from, relating to or in connection with the Liabilities and
cnder shel no be affected, excused modified or impaired feos, costs and expenses, including reasonable atorneys'fecs this Guarantee. enecuiad by mare hon one, the ‘obligations
port the happening, from lime to time of any event. No sel- which may be incurred by Sysco in enforcing this Guarontee of Guerantor sholl be joint and several and all references
olf, counterclaim of reduetion of any obligation, or any da or protecting its rights flowing ony default on the part of to the singular shall be deamed in the plural
fense of ony kind or nature which Guarantor has or may Gvorentor. This Guoronty shall be binding ypon Guarantor
have ageinst 6 shoMhe ovailable hereunder ‘ond Guorontor’s heirs, successors, assigns, representatives ond D>
‘ . f

x PZ ™ 3 Mu 7 G CL. \

INT NAME NATURE & DATE
PRINT NAME ~ SIGNATURE & DATE

AUTHORIZATION FOR CREDIT REPORT
The undersigned is executing this Authorization for Credit Foport individually for the purpose of authorizing Sysco to obtain « consumer
credit report time to tima on the undersigned individvol(s) through credit and consumer reporting agencies or other sources, in order to
further evaluate the creditworthiness of such individual in connection with the eredit evaluation process and the proposed extension of business
credit to the Applicant. The undersigned, os an individual, hereby knowingly consents to the use of such credit report in accordance with the
federal fir credit reporting ac! as contained in 15 U.S.C. 1681, ET SEQ., as amended from-kere to ty
Git S| /

PENT NAME ‘SIGNATURE & DATE
PRINT NAME SIGNATURE & DATE Rh
Fax Sysco's Use Only

‘ewes hema lw of serene, eee ont he nl es of ogg ride of Sola way nthe wo ac pon App ov na ee applet,

PRINT NAME165 Fell Street,
P.O. Box 270
San Francisco,

ATTORNEY FOR (Name):

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
{Ppavip J. COOK, ESQ. SBN 060859
COOK COLLECTION ATTORNEYS, PLC
San Francisco,

CA 94102-5106

CA 94104-0270
TELEPHONENO.. 415 989 4730
Plaintiff

FAX NO.:

415 989 0491
File #

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street aDpRess: COUNTY OF SAN FRANCISCO
MAILING ADDRESS:400 McAllister Street
cityanpzipcooe:San Francisco,
BRANCH NAME: Limited Civil Jurisdiction
SYSCO SAN FRANCISCO,
individually and dba BACHEESO and dba BACHEESO

CA 94102

INC. vs. AMIR

exceeds $25,000)

Auto Tort
Auto (22)
Uninsured motorist (46)

Damage/Wrongful Death) Tort
Asbestos (04)

Product liability (24)
Medical malpractice (45)
Other P/PD/WD (23)
Non-PUPDWD (Other) Tort

Civil rights (08)
Defamation (13)

Fraud (16)

Intellectual property (19)

Employment
Wrongful termination (36)
Other employment (1: 2

CASE NAME:

CIVIL CASE COVER SHEET
Unlimited x | Limited
(Amount (Amount
demanded

Complex Case Designation
Counter Joinder

(Cal. Rules of Court, rule 3.402)

Filed with first appearance by defendant

Items 1-6 below must be completed (see instructions on page 2).

Other PUPDIWD (Personal Injury/Property x

Business tort/unfair business practice (07)

Professional negligence (25)
Other non-PI/PD/WD tort (35)

1. Check one box below for the case type that best describes this case:

Contract

Breach of contract/warranty (06)
Rule 3.740 collections (09)
Other collections (09)

Insurance coverage (18)

Other contract (37)

Real Property

Eminent domain/inverse
condemnation (14)

Wrongful eviction (33)
Other real property (26)
Unlawful Detainer
Commercial (31)
Residential (32)

Drugs (38)

Judicial Review

Asset forfeiture (05)
Petition re: arbitration award (11)
‘Writ of mandate (02)
Other judicial review (39)

Provisionally Complex Civil Litigation

(Cal. Rules of Court, rules 3.400-3.403)

[__] Antitrust/Trade regulation (03)

(__] Construction defect (10)

Mass tort (40)

Securities litigation (28)
Environmental/Toxic tort (30)

Insurance coverage claims arising from the
above listed provisionally complex case
types (41)

Enforcement of Judgment

Enforcement of judgment (20)
Miscellaneous Civil Complaint

RICO (27)

Other complaint (not specified above) (42)
Miscellaneous Civil Petition

Partnership and corporate governance (21)
Other petition (not specified above) (43)

2. This case is is not
factors requiring exceptional judicial management:
a. Large number of separately represented parties d.
b. Extensive motion practice raising difficult or novel e.
issues that will be time-consuming to resolve
c. Substantial amount of documentary evidence f.

. Remedies sought (check all that apply): a. x

3.

4, Number of causes of action (specify): 4
5. is not
6. If there are any known related cases, file and serve a notice of related case.

. This case is Lx

Date: 5/2/14
DAVID J. COOK,

ESQ. SBN 060859 >

complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the

monetary b.

a class action suit.

in sanctions.

Form Adopted for Mandatory Use
Judicial Council of California
CM-010 (Rev. July 1, 2007]

(TYPE OR PRINT NAME)

e Plaintiff must file this cover sheet with the first paper filed in the action or p
under the Probate Code, Family Code, or Welfare and Institutions Code). (Gal. Rules of Co)

e File this cover sheet in addition to any cover sheet required by local court

e If this case is complex under rule 3.400 et seq. of the California Rules of
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

NOTICE

CIVIL CASE COVER SHEET

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foy/may use form CM-019.)

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]__ (SIGNATURE OE-PARTY OR AT

ding (except s

Large number of witnesses

Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
Substantial postjudgment}
nonmonetary; decla

punitive

ORNEY FOR PARTY)

all claims cases or cases filed

for statistical purposes only.
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Cal. Rules 6f Court, rules 2.30, 3.220, 3.400-3.403, 3.740;
Call Standards of Judicial Administration, std. 3.10. struc fs ON HOW TO COMPLETE THE cover M-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.

Auto Tort

‘Auto (22)—Personal Injury/Property
Damage/Wrongful Death

Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)

Other P/PD/WD (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 P/PD/WD (23)

Premises Liability (e.g., slip
and fall)

Intentional Bodily injury/PD/WD
(e.g., assault, vandalism)

Intentional Infliction of
Emotional Distress

Negligent Infliction of
Emotional Distress

Other Pi/PD/WD

Non-PUPDIWD (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/WD Tort (35)

Employment
Wrongful Termination (36)
Other Employment (15)

CM-010 [Rev. July 1, 2007]

‘CASE TYPES AND EXAMPLES

Contract
Breach of Contract/Warranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach—Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Other Breach of Contract/Warranty

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)

Wrongful 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

CIVIL CASE COVER SHEET

Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic 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 Taxes
Other Enforcement of Judgment

Miscellaneous Civil Complaint
RICO (27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Compiaint
Case (non-tort/non-complex)
Other Civil Compiaint
(non-tor’/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

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