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Electronically Filed Superior Court of CA County of Contra Costa 2/15/2023 12:47 PM By: K. Jinkerson, Deputy CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY /Name, State Bar numaet and addmss/
FOR COURT USE ONLY
Fernando Leone, Esq. (SBN 147933)
1503 S. Coast Drive, Suite 100B
Costa Mesa, CA 92626-3912
TELEPHONE NO (888) 615-6765 FAx No /optional/. (888) 660-8874
ATroRNEY FoR/Name/. Plaintiff Hilario De Los Santos
SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
sTREETAooREss: 725 Court Street
MAILING ADDRESS SAME
DITY AND zip coDE: Martinez, CA 94553
BRANGH NAME: Main Courthouse
CASE NAME:
DE LOS SANTOS v. LOANCARE, LLC
CIVIL CASE COVER SHEET
Unlimited
(Amount
Limited
(Amount
~ ~ Complex Case Designation
Counter ~ Joinder
Filed with first appearance by defendant
CASE NUMBER
JUDGE:
C23-00345
demanded demanded is
exceeds $ 25,000) (Cal. Rules of Court, rule 3.402) DEPT
$ 25,000)
Items 6 below must be completed (seeinstructions on page 2).
1—
1. Check one box below for the case type that best describes this case:
~
Auto Tort
Auto (22)
Contract
Breach of contract/warranty (06)
Provisionally Complex Civil Litigation
~
(Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46)
Other Pl/PD/WD (Personal Injury/Property
~ Rule 3.740 collections (09)
Other collections (09) ~
~
Antitrust/Trade regulation (03)
Construction defect (10)
~
Damage/Wrongful Death) Tort
Asbestos (04)
Product liability (24) ~ Insurance coverage (18)
Other contract (37) ~ Masstort(40)
Secunties litigation (28)
Environmental/Toxic tort (30)
~
Medical malpractice (45)
~
Real Property
Eminent domain/Inverse
Insurance coverage claims ansing from the
above Bated provisionally complex case
~
Other Pl/PD/WD (23)
Non-Pl/PD/WD (Other) Tort
Business tort/unfair business practice (07) ~r
~ condemnation (14)
Wrongful eviction (33)
types (41)
Enforcement of Judgment
~ Civil rights (08)
~
Other
Unlawful
real property (26)
Detainer
Enforcement of judgment (20)
Miscellaneous Civil Complaint
~
~
Defamation (13)
Fraud (16) ~ Commeroal (31)
Residential (32)
RICO (27)
Other complaint (rtot specified abave) (42)
~
~
Intellectual property (19)
Professional negligence (25)
~
Drugs (38)
Judicial Review
Miscellaneous Civil Petition
~
Other non-Pl/PD/WD tort (35)
Employment ~
~
Asset forfeiture (05)
Petition re: arbitration award (11) ~ Partnership and corporate governance (21)
Other petition (not specified above) (43)
2.
~ ~ Wrongful termination (36)
Other employment (15)
This case is ~x is not
~ INnt of mandate (02)
Other judicial review (39)
complex under rule 3.400 of the Cahfornia Rules of Court. If the case is complex, mark the
~
factors requiring exceptional judicial management:
~
a.
b.
Large number of separately represented parties d.
Extensive motion practice raising difficult or novel e.
~
~ Large number of witnesses
Coordination with related actions pending in one or more
~
c.
issues that will be time-consuming to resolve
Substantial amount of documentary evidence
~
courts in other counties, states, or countries, or in a federal
3.
f. Substantial postjudgment judicial supervision
Remedies sought (check a/i that app/y)/a. ~r monetary b. ~x nonmonetary; declaratory or injunctive relief c. ~ punitive
~
4. Number of causes of action (specify): 9
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: February 14, 2023
Fernando Leone, Esq.
TYPE OR PRINT NAME (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
N TI E
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;
Judiaal Counol of California CIVIL CASE COVER SHEET Cal. Standards of Judioal Administiaion, std 3 10
CM-010 IRev July I, 2007I www coUrts os.go v
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
plaintiffs 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 Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (//the Construction Defect (10)
case involves an uninsured Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach — Seller Secunties Litigation (28)
arbitration, check this item Plaintiff (not fraud or neg//gencej Environmental/Toxic Tort (30)
instead of Auto) Neghgent Breach of Contract/ Insurance Coverage Claims
Other Pl/PD/WD (Personal injury/ Warranty (ar/s/ng 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 Confession of Judgment (non-
Product Liability (no! asbestos or Insurance Coverage (nol provisionally domestic relations)
toxic/environmental) (24) Sister State Judgment
Medical Malpractice (45) Administrative Agency Award
Medical Malpractice— Other Coverage (not unpaid taxes)
Physicians & Surgeons Petition/Certification of Entry of
Other Professional Health Care on rac ua rau Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other Pl/PD/WD (23) Real Property Case
Premises Liability (e.g., shp Eminent Domain/Inverse Misceganeous Civil Complaint
and fall) RICO (27)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (nol specified
(e.g., assault, vandalism)
Other Real Property (e.g., quiet title) (26) above) (42)
Intentional Infhction of Wnt of Possession of Real Property Declaratory Relief Only
Emotional Distress Injunctive Relief Only (non-
Negligent Infliction ot Quiet Title harassment)
Emotional Distress Other Real Property (ncl eminent Mechanics Lien
Other Pl/PD/WD domain, /and/ordl/enanf, or Other Commercial Complaint
Non-Pl/PD/WD (Other) Tort Case (non-tort/non-comp/ex)
Business Tort/Unfair Business na u De ainer Other Civil Complaint
Practice (07) (non-lofflnon-comp/ex)
Civil Rights (e.g., discrimination, Miscellaneous Civil Petition
false arrest) (nct civil Drugs (38) (i/the case involves illegal Partnership and Corporate
harassment) (08) drugs, check th/s item; otherwise, Governance (21)
Defamation (e.g., slander, hbel) report as Commercial or Residential) Other Petition (not specified
(13) Judicial Review above) (43)
Fraud (16) Asset Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult
Legal Malpractice Writ—Administrative Mandamus Abuse
Other Professional Malpractice Writ— Mandamus on Limited Court Election Contest
(nof medical or legal) Petition for Name Change
Other Non-Pl/PD/WD Tort (35) Wnt— Other Limited Court Case Petition for Relief From Late
Employment Review Claim
Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition
Other Employment (15) Review of Health Officer Order
Notice of Appeal — Labor
Commissioner A eels
Cue/0 Iaev July 1, 200yl
CIVIL CASE COVER SHEET Page 2 of 2
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Electronically Filed Superior Court of CA County of Contra Costa 2/15/2023 12:47 PM By: K. Jinkerson, Deputy CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY /Name, State Bar numaet and addmss/ FOR COURT USE ONLY Fernando Leone, Esq. (SBN 147933) 1503 S. Coast Drive, Suite 100B Costa Mesa, CA 92626-3912 TELEPHONE NO (888) 615-6765 FAx No /optional/. (888) 660-8874 ATroRNEY FoR/Name/. Plaintiff Hilario De Los Santos SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA sTREETAooREss: 725 Court Street MAILING ADDRESS SAME DITY AND zip coDE: Martinez, CA 94553 BRANGH NAME: Main Courthouse CASE NAME: DE LOS SANTOS v. LOANCARE, LLC CIVIL CASE COVER SHEET Unlimited (Amount Limited (Amount ~ ~ Complex Case Designation Counter ~ Joinder Filed with first appearance by defendant CASE NUMBER JUDGE: C23-00345 demanded demanded is exceeds $ 25,000) (Cal. Rules of Court, rule 3.402) DEPT $ 25,000) Items 6 below must be completed (seeinstructions on page 2). 1— 1. Check one box below for the case type that best describes this case: ~ Auto Tort Auto (22) Contract Breach of contract/warranty (06) Provisionally Complex Civil Litigation ~ (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Other Pl/PD/WD (Personal Injury/Property ~ Rule 3.740 collections (09) Other collections (09) ~ ~ Antitrust/Trade regulation (03) Construction defect (10) ~ Damage/Wrongful Death) Tort Asbestos (04) Product liability (24) ~ Insurance coverage (18) Other contract (37) ~ Masstort(40) Secunties litigation (28) Environmental/Toxic tort (30) ~ Medical malpractice (45) ~ Real Property Eminent domain/Inverse Insurance coverage claims ansing from the above Bated provisionally complex case ~ Other Pl/PD/WD (23) Non-Pl/PD/WD (Other) Tort Business tort/unfair business practice (07) ~r ~ condemnation (14) Wrongful eviction (33) types (41) Enforcement of Judgment ~ Civil rights (08) ~ Other Unlawful real property (26) Detainer Enforcement of judgment (20) Miscellaneous Civil Complaint ~ ~ Defamation (13) Fraud (16) ~ Commeroal (31) Residential (32) RICO (27) Other complaint (rtot specified abave) (42) ~ ~ Intellectual property (19) Professional negligence (25) ~ Drugs (38) Judicial Review Miscellaneous Civil Petition ~ Other non-Pl/PD/WD tort (35) Employment ~ ~ Asset forfeiture (05) Petition re: arbitration award (11) ~ Partnership and corporate governance (21) Other petition (not specified above) (43) 2. ~ ~ Wrongful termination (36) Other employment (15) This case is ~x is not ~ INnt of mandate (02) Other judicial review (39) complex under rule 3.400 of the Cahfornia Rules of Court. If the case is complex, mark the ~ factors requiring exceptional judicial management: ~ a. b. Large number of separately represented parties d. Extensive motion practice raising difficult or novel e. ~ ~ Large number of witnesses Coordination with related actions pending in one or more ~ c. issues that will be time-consuming to resolve Substantial amount of documentary evidence ~ courts in other counties, states, or countries, or in a federal 3. f. Substantial postjudgment judicial supervision Remedies sought (check a/i that app/y)/a. ~r monetary b. ~x nonmonetary; declaratory or injunctive relief c. ~ punitive ~ 4. Number of causes of action (specify): 9 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: February 14, 2023 Fernando Leone, Esq. TYPE OR PRINT NAME (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) N TI E 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; Judiaal Counol of California CIVIL CASE COVER SHEET Cal. Standards of Judioal Administiaion, std 3 10 CM-010 IRev July I, 2007I www coUrts os.go v 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 plaintiffs 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 Antitrust/Trade Regulation (03) Uninsured Motorist (46) (//the Construction Defect (10) case involves an uninsured Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach — Seller Secunties Litigation (28) arbitration, check this item Plaintiff (not fraud or neg//gencej Environmental/Toxic Tort (30) instead of Auto) Neghgent Breach of Contract/ Insurance Coverage Claims Other Pl/PD/WD (Personal injury/ Warranty (ar/s/ng 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 Confession of Judgment (non- Product Liability (no! asbestos or Insurance Coverage (nol provisionally domestic relations) toxic/environmental) (24) Sister State Judgment Medical Malpractice (45) Administrative Agency Award Medical Malpractice— Other Coverage (not unpaid taxes) Physicians & Surgeons Petition/Certification of Entry of Other Professional Health Care on rac ua rau Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other Pl/PD/WD (23) Real Property Case Premises Liability (e.g., shp Eminent Domain/Inverse Misceganeous Civil Complaint and fall) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (nol specified (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional Infhction of Wnt of Possession of Real Property Declaratory Relief Only Emotional Distress Injunctive Relief Only (non- Negligent Infliction ot Quiet Title harassment) Emotional Distress Other Real Property (ncl eminent Mechanics Lien Other Pl/PD/WD domain, /and/ordl/enanf, or Other Commercial Complaint Non-Pl/PD/WD (Other) Tort Case (non-tort/non-comp/ex) Business Tort/Unfair Business na u De ainer Other Civil Complaint Practice (07) (non-lofflnon-comp/ex) Civil Rights (e.g., discrimination, Miscellaneous Civil Petition false arrest) (nct civil Drugs (38) (i/the case involves illegal Partnership and Corporate harassment) (08) drugs, check th/s item; otherwise, Governance (21) Defamation (e.g., slander, hbel) report as Commercial or Residential) Other Petition (not specified (13) Judicial Review above) (43) Fraud (16) Asset Forfeiture (05) Civil Harassment Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult Legal Malpractice Writ—Administrative Mandamus Abuse Other Professional Malpractice Writ— Mandamus on Limited Court Election Contest (nof medical or legal) Petition for Name Change Other Non-Pl/PD/WD Tort (35) Wnt— Other Limited Court Case Petition for Relief From Late Employment Review Claim Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition Other Employment (15) Review of Health Officer Order Notice of Appeal — Labor Commissioner A eels Cue/0 Iaev July 1, 200yl CIVIL CASE COVER SHEET Page 2 of 2 For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form