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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Robert Scott Kennard, S.B.N. 117017
NELSON & KENNARD File No. 22-26487-0
5011 Dudley Blvd, Bldg 250, Bay G,
McClellan, CA 95652 ELECTRONICALLY
P.O. Box 13807, Sacramento, CA 95853 F I L E D
Superior Court of California,
TELEPHONE NO.: (916) 920-2295 (916)
FAX NO. (Optional) : 920-0682 County of San Francisco
ATTORNEY FOR (Name):ONEMAIN FINANCIAL GROUP, LLC 02/01/2023
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Clerk of the Court
STREET ADDRESS: 400 McAllister Street BY: MARK UDAN
MAILING ADDRESS: 400 McAllister Street Deputy Clerk
CITY AND ZIP CODE: San Francisco, CA 94102
BRANCH NAME: LIMITED CIVIL CASE
CASE NAME: ONEMAIN FINANCIAL GROUP, LLC, v. BYRON O MORALES,
400 al.
Et McAllister Street
San Francisco,
CIVIL CASECACOVER 94102SHEET CASE NUMBER: CGC-23-604348
LIMITED CIVIL CASE Complex Case Designation
Unlimited ⌧ Limited [ ] Counter [ ] Joinder
(Amount (Amount JUDGE:
demanded demanded is Filed with first appearance by defendant
exceeds $25,000) $25,000 or less) DEPT:
(Cal. Rules of Court, rule 3.402)
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) [ X ] Rule 3.740 collections (09) [ ] Antitrust/Trade regulation (03)
Other Pl/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 Pl/PD/WD (23) condemnation (14) above
Non-PI/PD/WD (Other) Tort [] Wrongful eviction (33) listed provisionally complex case 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 Miscellaneous Civil Petition
[ ] Other non-PI/PD/WD tort (35) [] 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 [X] 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 courts
issues that will be time-consuming to resolve in other counties, states or countries, or in a federal court
c. [ ] Substantial amount of documentary evidence f.[ ] Substantial post-disposition judicial supervision
3. Remedies sought (check all that apply): a. [ X ] monetary
b. [ ] nonmonetary; declaratory or injunctive relief
c. [ ] punitive
THREE
4. Number of causes of action (specify):
5. This case [ ]is [X] 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: November 8, 2022
Robert Scott Kennard
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
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.courtinfo.ca.gov
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.
You do not need to submit a cover sheet with amended papers.
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.
A “collections case” under rule 3.740 is defined as an action for recover of money owed in a sum stated
To Parties in Rule 3.740 Collections Cases.
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
Auto (22) – Personal Injury/Property Breach of Contract/Warranty (06) (Cal.Rules of Court Rules 3.400 – 3.403)
Damage/Wrongful Death Breach of Rental/Lease
Uninsured Motorist (46) (if the Contract (not unlawful detainer Antitrust/Trade Regulation (03)
Case involves an uninsured or wrongful eviction) Construction Defect (10)
Motorist claim subject to Contract/Warranty Breach-Seller Claims Involving Mass Tort (40)
Arbitration, check this item Plaintiff (not fraud or negligence) Securities Litigation (28)
Instead of Auto) Negligent Breach of Contract/ Environmental/Toxic Tort (30)
Warranty Insurance Coverage Claims
Other PI/PD/WD (Personal Injury/ Other Breach of Contract/Warranty (arising from provisionally
Property Damage/Wrongful Death) Collections (e.g., money owed, open Complex case type listed above)
Tort book accounts) (09) (41)
Asbestos (04) Collection Case-Seller Plaintiff Enforcement of Judgment
Asbestos Property Damage Other Promissory Note/Collections Enforcement of Judgment (20)
Asbestos Personal Injury/ Case Abstract of Judgment (Out of
Wrongful Death Insurance Coverage (not provisionally County)
Product Liability (not asbestos or Complex) (18) Confession of Judgment (non-
toxic/environmental) (24) Auto Subrogation domestic relations)
Medical Malpractice (45) Other Coverage Sister State Judgment
Medical Malpractice— Other Contract (37) Administrative Agency Award
Physicians & Surgeons Contractual Fraud (not unpaid taxes)
Other Professional Health Care Other Contract Dispute Petition/Certification of Entry of
Malpractice Real Property Judgment on Unpaid Taxes
Other P/PD/WD (23) Eminent Domain/Inverse Other Enforcement of Judgment
Premises Liability (e.g., slip Condemnation (14) Case
and fall) Wrongful Eviction (33)
Intentional Bodily Injury/PD/WD Other Real Property (e.g., quiet title) (26) Miscellaneous Civil Complaint
(e.g., assault, vandalism) Writ of Possession of Real Property RICO (27)
Intentional Infliction of Mortgage Foreclosure Other Complaint (not specified
Emotional Distress Quiet Title Above) (42)
Negligent Infliction of Other Real Property
(not eminent Declaratory Relief Only
Emotional Distress domain, landlord/tenant, or Injunctive Relief Only (non-
Other P/PD/WD foreclosure) harassment)
Mechanics Lien
Non-PI/PD/WD (Other) Tort Unlawful Detainer Other Commercial Complaint
Business Tort/Unfair Business Commercial (31) Case (non-tort/non-complex)
Practice (07) Residential (32) Other Civil Complaint
Civil Rights (e.g., discrimination, Drugs (38) (f the case involves illegal (non-tort/non-complex)
False arrest) (not civil Drugs, check this item; otherwise,
Harassment) (08) Report as Commercial or Miscellaneous Civil Petition
Defamation (e.g., slander, libel) Residential) Partnership and Corporate
(13) Governance (21)
Fraud (16) Judicial Review Other Petition (not specified above)
Intellectual Property (19) Asset Forfeiture (05) (43)
Professional Negligence (25) Petition Re: Arbitration Award (11) Civil Harassment
Legal Malpractice Writ of Mandate (02) Workplace Violence
Other Professional Malpractice Writ- Administrative Mandamus Elder/Dependent Adult
(not medical or legal) Writ-Mandamus on Limited Court Abuse
Other Non-PI/PD/WD Tort (35) Case Matter Election Contest
Writ-Other Limited Court Case Petition for Name Change
Employment Review Petition for Relief from Late
Wrongful Termination (36) Other Judicial Review (39) Claim
Other Employment (15) Review of Health Officer Order Other Civil Petition
Notice of Appeal-Labor
Commissioner Appeals
CM-010 [Rev. September 1, 2021] Page 2 of 2
CIVIL CASE COVER SHEET
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CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Robert Scott Kennard, S.B.N. 117017 NELSON & KENNARD File No. 22-26487-0 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 ELECTRONICALLY P.O. Box 13807, Sacramento, CA 95853 F I L E D Superior Court of California, TELEPHONE NO.: (916) 920-2295 (916) FAX NO. (Optional) : 920-0682 County of San Francisco ATTORNEY FOR (Name):ONEMAIN FINANCIAL GROUP, LLC 02/01/2023 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Clerk of the Court STREET ADDRESS: 400 McAllister Street BY: MARK UDAN MAILING ADDRESS: 400 McAllister Street Deputy Clerk CITY AND ZIP CODE: San Francisco, CA 94102 BRANCH NAME: LIMITED CIVIL CASE CASE NAME: ONEMAIN FINANCIAL GROUP, LLC, v. BYRON O MORALES, 400 al. Et McAllister Street San Francisco, CIVIL CASECACOVER 94102SHEET CASE NUMBER: CGC-23-604348 LIMITED CIVIL CASE Complex Case Designation Unlimited ⌧ Limited [ ] Counter [ ] Joinder (Amount (Amount JUDGE: demanded demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) DEPT: (Cal. Rules of Court, rule 3.402) 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) [ X ] Rule 3.740 collections (09) [ ] Antitrust/Trade regulation (03) Other Pl/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 Pl/PD/WD (23) condemnation (14) above Non-PI/PD/WD (Other) Tort [] Wrongful eviction (33) listed provisionally complex case 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 Miscellaneous Civil Petition [ ] Other non-PI/PD/WD tort (35) [] 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 [X] 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 courts issues that will be time-consuming to resolve in other counties, states or countries, or in a federal court c. [ ] Substantial amount of documentary evidence f.[ ] Substantial post-disposition judicial supervision 3. Remedies sought (check all that apply): a. [ X ] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ] punitive THREE 4. Number of causes of action (specify): 5. This case [ ]is [X] 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: November 8, 2022 Robert Scott Kennard (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) 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.courtinfo.ca.gov 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. You do not need to submit a cover sheet with amended papers. 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. A “collections case” under rule 3.740 is defined as an action for recover of money owed in a sum stated To Parties in Rule 3.740 Collections Cases. 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 Auto (22) – Personal Injury/Property Breach of Contract/Warranty (06) (Cal.Rules of Court Rules 3.400 – 3.403) Damage/Wrongful Death Breach of Rental/Lease Uninsured Motorist (46) (if the Contract (not unlawful detainer Antitrust/Trade Regulation (03) Case involves an uninsured or wrongful eviction) Construction Defect (10) Motorist claim subject to Contract/Warranty Breach-Seller Claims Involving Mass Tort (40) Arbitration, check this item Plaintiff (not fraud or negligence) Securities Litigation (28) Instead of Auto) Negligent Breach of Contract/ Environmental/Toxic Tort (30) Warranty Insurance Coverage Claims Other PI/PD/WD (Personal Injury/ Other Breach of Contract/Warranty (arising from provisionally Property Damage/Wrongful Death) Collections (e.g., money owed, open Complex case type listed above) Tort book accounts) (09) (41) Asbestos (04) Collection Case-Seller Plaintiff Enforcement of Judgment Asbestos Property Damage Other Promissory Note/Collections Enforcement of Judgment (20) Asbestos Personal Injury/ Case Abstract of Judgment (Out of Wrongful Death Insurance Coverage (not provisionally County) Product Liability (not asbestos or Complex) (18) Confession of Judgment (non- toxic/environmental) (24) Auto Subrogation domestic relations) Medical Malpractice (45) Other Coverage Sister State Judgment Medical Malpractice— Other Contract (37) Administrative Agency Award Physicians & Surgeons Contractual Fraud (not unpaid taxes) Other Professional Health Care Other Contract Dispute Petition/Certification of Entry of Malpractice Real Property Judgment on Unpaid Taxes Other P/PD/WD (23) Eminent Domain/Inverse Other Enforcement of Judgment Premises Liability (e.g., slip Condemnation (14) Case and fall) Wrongful Eviction (33) Intentional Bodily Injury/PD/WD Other Real Property (e.g., quiet title) (26) Miscellaneous Civil Complaint (e.g., assault, vandalism) Writ of Possession of Real Property RICO (27) Intentional Infliction of Mortgage Foreclosure Other Complaint (not specified Emotional Distress Quiet Title Above) (42) Negligent Infliction of Other Real Property (not eminent Declaratory Relief Only Emotional Distress domain, landlord/tenant, or Injunctive Relief Only (non- Other P/PD/WD foreclosure) harassment) Mechanics Lien Non-PI/PD/WD (Other) Tort Unlawful Detainer Other Commercial Complaint Business Tort/Unfair Business Commercial (31) Case (non-tort/non-complex) Practice (07) Residential (32) Other Civil Complaint Civil Rights (e.g., discrimination, Drugs (38) (f the case involves illegal (non-tort/non-complex) False arrest) (not civil Drugs, check this item; otherwise, Harassment) (08) Report as Commercial or Miscellaneous Civil Petition Defamation (e.g., slander, libel) Residential) Partnership and Corporate (13) Governance (21) Fraud (16) Judicial Review Other Petition (not specified above) Intellectual Property (19) Asset Forfeiture (05) (43) Professional Negligence (25) Petition Re: Arbitration Award (11) Civil Harassment Legal Malpractice Writ of Mandate (02) Workplace Violence Other Professional Malpractice Writ- Administrative Mandamus Elder/Dependent Adult (not medical or legal) Writ-Mandamus on Limited Court Abuse Other Non-PI/PD/WD Tort (35) Case Matter Election Contest Writ-Other Limited Court Case Petition for Name Change Employment Review Petition for Relief from Late Wrongful Termination (36) Other Judicial Review (39) Claim Other Employment (15) Review of Health Officer Order Other Civil Petition Notice of Appeal-Labor Commissioner Appeals CM-010 [Rev. September 1, 2021] Page 2 of 2 CIVIL CASE COVER SHEET