Preview
QA M
22566367
“Seth
W. Wiener, CSBN 203747moun: FOR COURT
USE OMY
Law Offices of Seth W. Wiener
609 Kariya Court ~ . . i
sao eeoneno: 925,487,5607
TELEPHONE NO: . . FAX NO.: 925.828.8648
. . FILED
ATTORNEY FOR (Wame): Plaintiff Andrew Ho ALAMEDA COUNTY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA .
stmeet aponess: 1225 Fallon Street IAUG OF 202u
MAILING ADDRESS: ~ "
cry anp zip cove: Oakland, CA 94612 GER. THE SUPERIOR GOUT
arancu nae: Rene C. Davidson Courthouse gall
CASE NAME: “f
Ho v. V5 Systems, Inc.
CIVIL CASE COVER SHEET Complex Case Designation CASE NEN
Unlimited
(Amount
{_] Limited
(Amount LJ
P
Counter LJ
3Joinder Dee
2G20069 95 o
demanded demanded is Filed with first appearance by defendant °
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).
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 contractiwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) L_] Rule 3.740 collections (09) L_] Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property L_] Other collections (09) C_] Construction defect (10)
Damage/Wrongful Death) Tort [_] insurance coverage (18) [_] Mass tort (40)
Asbestos (04) L_] other contract (37) L_] Securities litigation (28)
Product liability (24) Real Property [__] Environmental/Toxic tort (30)
Medical malpractice (45) [_]} Eminent domain/Inverse Insurance coverage claims arising from the
L_] other PYPD/AWD (23) condemnation (14) above listed provisionally complex case
Non-PI/PDIWD (Other) Tort [__] wrongful eviction (33) ‘'ypes (41)
C_] Business torvunfair business practice (07) [__] other real property (26) Enforcement of Judgment
L_] Civil rights (08) Uniawful Detalner C_] Enforcement of judgment (20)
(__] Defamation (13) Commercial (31) Miscellaneous Civil Complaint
[__] Fraud (16) [__] residential (32) [_] rico (27)
[_] intellectual property (19) LJ Drugs (38) L_] other complaint (not specified above) (42)
[__] Professional negligence (25) Judicial Review Miscellaneous Clvit Petition
L_} other non-PuPDAND tort (35) [__] Asset forfeiture (05) Partnership and corporate govemance (21)
Employment L_] Petition re: arbitration award (11) [J other petition (not spectfied above) (43)
Wrongful termination (36) CL] Writ of mandate (02)
[__] Other employment (15) [__] Other judicial review (39)
2. Thiscase |_] is 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.L_] Large number of separately represented parties d.L_] 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.L_] Substantial amount of documentary evidence f. L_] Substantial postjudgment judicial supervision
3. Remedies sought (check ail that apply): alv] monetary b.[v¥] nonmonetary; declaratory or injunctive relief —c. [v } punitive
4. Number of causes of action (specify): Eight (8)
5. Thiscase [_]is isnot 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: August 7, 2020
Seth W. Wiener > SSa\ Ve
eg Ag polis
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
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 ot ora
Form Adopted for
| Mandatory ise CIVIL C. ASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.490-3.403, 3.740;
Cal. Standards of Judicial Administration, std. 3.10
CM-010 [Rev, July 1, 2007] www.courtinfo.ca.gov
A
Wy
M-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET c
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 an file, along with your first paper, the Civil Case Cover Shéet 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 Califomia 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 Breach of Rental/Lease Antitrus/Trade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach-Seller Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41)
Tort Collections (e.g., money owed, open Enforcement of Judgment
Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case—Seller Plaintiff Abatfact of Judgment (Out of
Asbestos Personal Injury/ Other Promissory Note/Collections un
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations)
toxic/environmental) (24) complex) (18) Sister State Judgment
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Medical Malpractice— Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Real Property Case
Other PI/PD/WD (23)
Premises Liability (e.g., slip Eminent Domain/tnverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified
(e.g., assault, vandalism) above) (42)
Other Real Property (e.g., quiet title) (26)
Intentional Infliction of Declaratory Relief Only
Writ of Possession of Real Property
Emotional Distress Injunctive Relief Only (non-
Mortgage Foreclosure
Negligent infliction of harassment)
Quiet Title Mechanics Lien
Emotional Distress Other Rea! Property (not eminent
Other PI/PD/WD Other Commercial Complaint
domain, landiordftenant, or
Case (non-tort/non-complex)
Non-PUPDIWD (Other) Tort foreclosure) :
Other Clvil Complaint
Business Tort/Unfair Business Unlawful Detalner (non-tort/non-complex)
Practice (07) Commercial (31)
Miscellaneous Civil Petition
im
Civil Rights (e.g., discrimination, Residential (32) ; Partnership and Corporate
false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21)
harassment) (08) ; drugs, check this item; otherwise, Other Petition (not specified
Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43)
13 Judicial Review Civil Harassment
Fraud (16) Asset Forfeiture (05) Workplace Violence
Intellectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent Adult
Professional Negligence (25) Writ of Mandate (02) Abuse
Legal Malpractice Writ-Administrative Mandamus Election Contest
Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change
{not medical or legal) Case Matter iti i ite
Other Non-PI/PD/WD Tort (35) Writ-Other Limited Court Case Potten Relief From La
Employment a Review Other Civil Petition
Wrongful Termination (36) Other Judicial Review (39)
Other Employment (15) Review of Health Officer Order
Notice of Appeat-Labor
Commissioner Appeals
CM-010 [Rev. July 1, 2007] Page
2 of 2
CIVIL CASE COVER SHEET
Preview
QA M 22566367 “Seth W. Wiener, CSBN 203747moun: FOR COURT USE OMY Law Offices of Seth W. Wiener 609 Kariya Court ~ . . i sao eeoneno: 925,487,5607 TELEPHONE NO: . . FAX NO.: 925.828.8648 . . FILED ATTORNEY FOR (Wame): Plaintiff Andrew Ho ALAMEDA COUNTY SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA . stmeet aponess: 1225 Fallon Street IAUG OF 202u MAILING ADDRESS: ~ " cry anp zip cove: Oakland, CA 94612 GER. THE SUPERIOR GOUT arancu nae: Rene C. Davidson Courthouse gall CASE NAME: “f Ho v. V5 Systems, Inc. CIVIL CASE COVER SHEET Complex Case Designation CASE NEN Unlimited (Amount {_] Limited (Amount LJ P Counter LJ 3Joinder Dee 2G20069 95 o demanded demanded is Filed with first appearance by defendant ° 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). 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 contractiwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) L_] Rule 3.740 collections (09) L_] Antitrust/Trade regulation (03) Other PI/PD/WD (Personal Injury/Property L_] Other collections (09) C_] Construction defect (10) Damage/Wrongful Death) Tort [_] insurance coverage (18) [_] Mass tort (40) Asbestos (04) L_] other contract (37) L_] Securities litigation (28) Product liability (24) Real Property [__] Environmental/Toxic tort (30) Medical malpractice (45) [_]} Eminent domain/Inverse Insurance coverage claims arising from the L_] other PYPD/AWD (23) condemnation (14) above listed provisionally complex case Non-PI/PDIWD (Other) Tort [__] wrongful eviction (33) ‘'ypes (41) C_] Business torvunfair business practice (07) [__] other real property (26) Enforcement of Judgment L_] Civil rights (08) Uniawful Detalner C_] Enforcement of judgment (20) (__] Defamation (13) Commercial (31) Miscellaneous Civil Complaint [__] Fraud (16) [__] residential (32) [_] rico (27) [_] intellectual property (19) LJ Drugs (38) L_] other complaint (not specified above) (42) [__] Professional negligence (25) Judicial Review Miscellaneous Clvit Petition L_} other non-PuPDAND tort (35) [__] Asset forfeiture (05) Partnership and corporate govemance (21) Employment L_] Petition re: arbitration award (11) [J other petition (not spectfied above) (43) Wrongful termination (36) CL] Writ of mandate (02) [__] Other employment (15) [__] Other judicial review (39) 2. Thiscase |_] is 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.L_] Large number of separately represented parties d.L_] 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.L_] Substantial amount of documentary evidence f. L_] Substantial postjudgment judicial supervision 3. Remedies sought (check ail that apply): alv] monetary b.[v¥] nonmonetary; declaratory or injunctive relief —c. [v } punitive 4. Number of causes of action (specify): Eight (8) 5. Thiscase [_]is isnot 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: August 7, 2020 Seth W. Wiener > SSa\ Ve eg Ag polis (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE 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 ot ora Form Adopted for | Mandatory ise CIVIL C. ASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.490-3.403, 3.740; Cal. Standards of Judicial Administration, std. 3.10 CM-010 [Rev, July 1, 2007] www.courtinfo.ca.gov A Wy M-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET c 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 an file, along with your first paper, the Civil Case Cover Shéet 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 Califomia 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 Breach of Rental/Lease Antitrus/Trade Regulation (03) Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach-Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case—Seller Plaintiff Abatfact of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections un Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations) toxic/environmental) (24) complex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice— Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Real Property Case Other PI/PD/WD (23) Premises Liability (e.g., slip Eminent Domain/tnverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified (e.g., assault, vandalism) above) (42) Other Real Property (e.g., quiet title) (26) Intentional Infliction of Declaratory Relief Only Writ of Possession of Real Property Emotional Distress Injunctive Relief Only (non- Mortgage Foreclosure Negligent infliction of harassment) Quiet Title Mechanics Lien Emotional Distress Other Rea! Property (not eminent Other PI/PD/WD Other Commercial Complaint domain, landiordftenant, or Case (non-tort/non-complex) Non-PUPDIWD (Other) Tort foreclosure) : Other Clvil Complaint Business Tort/Unfair Business Unlawful Detalner (non-tort/non-complex) Practice (07) Commercial (31) Miscellaneous Civil Petition im Civil Rights (e.g., discrimination, Residential (32) ; Partnership and Corporate false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21) harassment) (08) ; drugs, check this item; otherwise, Other Petition (not specified Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43) 13 Judicial Review Civil Harassment Fraud (16) Asset Forfeiture (05) Workplace Violence Intellectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent Adult Professional Negligence (25) Writ of Mandate (02) Abuse Legal Malpractice Writ-Administrative Mandamus Election Contest Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change {not medical or legal) Case Matter iti i ite Other Non-PI/PD/WD Tort (35) Writ-Other Limited Court Case Potten Relief From La Employment a Review Other Civil Petition Wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order Notice of Appeat-Labor Commissioner Appeals CM-010 [Rev. July 1, 2007] Page 2 of 2 CIVIL CASE COVER SHEET