Preview
Electronically Filed Superior Court of CA County of Contra Costa 4/13/2023 2:03 PM By: T. Jacobsen-Rios, Deputy
CM-010
“ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, State Bar number, and address): FOR COURT USE ONLY i
Dante Miranda (SBN: 235884)
Burns & Miranda .
2815 Mitchell Drive, Suite 104
Walnut Creek, CA 94598
reveptions No: (925) 429-4507 ——_caxwo. (optionay:(925) 429-4508
emai aopress: dante @ burnsmiranda.com a
ATTORNEY FoR (Name): Guadalupe A. Espino-Solorzano, et al., Plaintiffs
SUPERIOR COURT OF CALIFORNIA, county oF Contra Costa
street aopress: 725 Court Street
MAILING ADDRESS: .
CITY AND ZIP? CODE: Martinez, CA 94553
BRANCH! NAME:
CASE NAME: Espino-Solorzano, et al. v. Garcia, et al.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: C23-00851
Ra (Amount | CI (Amout [_]} Counter (J Joinder
demanded demanded is Filed with first appearance by defendant TUDGE:
exceeds $25,000 $25,000 orless) | —_ (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 contract/warranty (06) Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03)
. Other collections (09) Construction defect (10)
one PUPD/WD (Personal Injury/Property Insurance coverage (18) Mass tort (40)
amage/Wrongful Death) Tort shim ¢tramth
Asbestos (04) Other contract (37) Securities litigation (28)
Product liability (24) Real Property pevironmental Toxic ° rt(80) isina f h
Medical malpractice (45) CJ Eminent domain/inverse nsurance A proviele claims arising from the
Other PU/PD/WD (23) condemnation (14} yee (a1) provisionally complex case
Non-PU/PDIWD (Other) Tort
Business tort/unfair business practice (07)
i Other realy sropert
properly
28) Co
Enfor Entores t of° Judgment
gmen
Civil rights (08) Unlawful Detainer nforcement of judgment (20)
Defamation (13) Commercial (31) Miscellaneous Civil Complaint
Fraud (16) Residential (32) rl RIGO (27)
intellectual property (19) Drugs (38) Other complaint (not specified above) (42)
Professional negligence (25) Judicial Review Miscellaneous Civil Petition
Other non-PHPDIWD tort (35) Asset forfeiture (05) bt Partnership and corporate governance (21)
Employment Potition re: arbitration award (11) Other petition (not specified above) (43)
mt Wrongful termination (36) Writ of mandate (02)
Other employment (15) Other judicial review (39)
2. Thiscase [J is EX] 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. 4 Large number of witnesses
bd. Extensive motion practice raising difficult or novel —e. Coordination with related actions pending in one or more
issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal
: . court
c. [9 Substantial amount of documentary evidence f. (2) Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): _a. (XJ monetary b. L_J nonmonetary; declaratory or injunctive relief c. (J punitive
4. Number of causes of action (specify); One
5. This case LF is eh is not a class action suit,
6. If there are any Known related cases, file and serve a notice of relate se. (You fray use-form CM:
Date: April 13, 2023 a ) (
Dante Miranda. C 2”. “
(TYPE OF PRINT NAME} Wt IGNATURE OF PARTY OR ATTORNEY FOR PARTY)
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.
e 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.
e 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
. Cal, Rules of Court, rules 2.30, 3.220, 3. 400-33.403, 3.740; ;
musical Counel o Calor ot BOCES Essential CIVIL CASE COVER SHEET Cat. Standards of Juatcial Administration,
std. 3.10
ceb.com+ Forms ESPINO-SOL OR7ANG. et. al.
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. Fis 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. [f 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 frorn a transaction in which
property, services, or money was acquired on credit. A collections case does not include an action seeking the following: Cy) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ o
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 Provisionall y Complex Civil
ivil Litigation
Litigati (Cal.
Auto Damage/Wrongful
(22)~Personal injury/Property
Death
Be eo ot rae eyairanty (08) RulesAntitrust/Trade
of Court RulesRegulation
3.400-3.403)
. (03
:
Uninsured : (46) (if the
Motorist Contract (not unlawfule detainer ntitrusTradeDefect
Construction Regulation
(10)
(03)
case involves
‘ ‘
an uninsured
j
or wrongful eviction)
Contract/Warranty Breach—Seller
;
Claims involving Mass Tort (40)
motorist claim
arbitration, subject
check to
this item inti (not fraud or negligence)
Plaintiff ; Securities
: Litigation . (28)
° Negligent Breach of Contract/ Environmental/Toxic Tort (30)
instead of Auto) Warranty Insurance Coverage Claims
Other Pi/PD/WD (Personal Injury/ Other Breach of Contract/Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Collections (e.g., money owed, open case lype listed above) (41)
Tort book accounts) (09) Enforcement of Judgment
Asbestos (04) Collection Case—Seller Plaintiff Enforcement of Judgment (20)
Asbestos Property Damage Other Promissory Note/Collections Abstract of Judgment (Out of
Asbestos Personal Injury/ Case County)
Wrongful Death insurance Coverage (not provisionally Confession of Judgment (non-
Product Liability (not asbestos or complex) (18) domestic relations)
toxic/envirenmental) (24) Auto Subrogation Sister State Judgment
Medical Malpractice (45) Other Coverage Administrative Agency Award
Medical Malpractice— Other Contract (37) (not unpaid taxes)
Physicians & Surgeons Contractual Fraud Petition/Gertification of Entry of
Other Professional Health Care Other Contract Dispute Judgment on Unpaid Taxes
Malpractice Real Propert Other Enforcement of Judgment
Other PI/PDWD (23) . Eminent Domain/inverse . Case — .
Premises Liability (e.g., slip Condemnation (14) Miscellaneous Civil Complaint
andfall) Wrongful Eviction (33) RICO (27) oe
Intentional Bodily Injury/PDAWD Other Real Property (e.g., quiet title) (26) Other Complaint (not specified
{e.g., assault, vandalism) Writ of Possession of Real Property above) (42)
Intentional Infliction of Mortgage Foreclosure Declaratory Relief Only
Emotional Distress Quict Title injunctive Retief Only (non-
Negligent infliction of Other Real Property (not eminent harassment)
Emotional Distress domain, landlord/tenant, or Mechanics Lien
Other Pl/PD/WD foreclosure ) Other Commercial Complaint
Non-PI/PD/WD (Other) Tort Unlawful Detainer otha ae, Bom torvnon-complex)
Business Tor/Unfair Business Commercial (31) “ ve ino ain lex)
Practice (07)
Civil Rights (¢.g., discrimination,
Residential (32)
Drugs (38) (if the case involves illegal Miscellaneousaon oatte
Civil Petition
false arrest) (not civil drugs, check this item; otherwise, Partnership and Corporate
harassment) (08) report as Commercial or Residential) Governance (21)
Defamation (e.g., slander, libel) aoe . Other Petition (nat specified
(13) Judicial Review above) (43)
Fraud (16) Assat Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (11) Workglace Violence
Professional Negligence (25) Writ of Mandate (02) | Elder/Dependent Adult
Legal Malpractice Writ-Administrative Mandamus Abuse
. Writ-Mandamus on Limited Court Election Contest
Other Professional Malpractice Case Matter ne
(not medical or legal)
Other Non-P/PD/WD Tort (35)
Writ-Other
Review
Limited Court Case Sotto toe Notes
Chaim
we
Employment Other Judicial Review (39) Other Civil Petition
Wrongful Termination (36) Roview of Health Officer Order
Other Employment (15) Notice of Appeai-Labor
Commissioner Appeals
CM-010 (Rev, September 1, 2021] BECEB Essential CIVIL CASE COVER SHEET Page 2 of2
ceb.com.? Forms: ESPINO-SOLORZANO, et. al.
Preview
Electronically Filed Superior Court of CA County of Contra Costa 4/13/2023 2:03 PM By: T. Jacobsen-Rios, Deputy CM-010 “ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, State Bar number, and address): FOR COURT USE ONLY i Dante Miranda (SBN: 235884) Burns & Miranda . 2815 Mitchell Drive, Suite 104 Walnut Creek, CA 94598 reveptions No: (925) 429-4507 ——_caxwo. (optionay:(925) 429-4508 emai aopress: dante @ burnsmiranda.com a ATTORNEY FoR (Name): Guadalupe A. Espino-Solorzano, et al., Plaintiffs SUPERIOR COURT OF CALIFORNIA, county oF Contra Costa street aopress: 725 Court Street MAILING ADDRESS: . CITY AND ZIP? CODE: Martinez, CA 94553 BRANCH! NAME: CASE NAME: Espino-Solorzano, et al. v. Garcia, et al. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: C23-00851 Ra (Amount | CI (Amout [_]} Counter (J Joinder demanded demanded is Filed with first appearance by defendant TUDGE: exceeds $25,000 $25,000 orless) | —_ (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 contract/warranty (06) Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03) . Other collections (09) Construction defect (10) one PUPD/WD (Personal Injury/Property Insurance coverage (18) Mass tort (40) amage/Wrongful Death) Tort shim ¢tramth Asbestos (04) Other contract (37) Securities litigation (28) Product liability (24) Real Property pevironmental Toxic ° rt(80) isina f h Medical malpractice (45) CJ Eminent domain/inverse nsurance A proviele claims arising from the Other PU/PD/WD (23) condemnation (14} yee (a1) provisionally complex case Non-PU/PDIWD (Other) Tort Business tort/unfair business practice (07) i Other realy sropert properly 28) Co Enfor Entores t of° Judgment gmen Civil rights (08) Unlawful Detainer nforcement of judgment (20) Defamation (13) Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) rl RIGO (27) intellectual property (19) Drugs (38) Other complaint (not specified above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non-PHPDIWD tort (35) Asset forfeiture (05) bt Partnership and corporate governance (21) Employment Potition re: arbitration award (11) Other petition (not specified above) (43) mt Wrongful termination (36) Writ of mandate (02) Other employment (15) Other judicial review (39) 2. Thiscase [J is EX] 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. 4 Large number of witnesses bd. Extensive motion practice raising difficult or novel —e. Coordination with related actions pending in one or more issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal : . court c. [9 Substantial amount of documentary evidence f. (2) Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): _a. (XJ monetary b. L_J nonmonetary; declaratory or injunctive relief c. (J punitive 4. Number of causes of action (specify); One 5. This case LF is eh is not a class action suit, 6. If there are any Known related cases, file and serve a notice of relate se. (You fray use-form CM: Date: April 13, 2023 a ) ( Dante Miranda. C 2”. “ (TYPE OF PRINT NAME} Wt IGNATURE OF PARTY OR ATTORNEY FOR PARTY) 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. e 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. e 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 . Cal, Rules of Court, rules 2.30, 3.220, 3. 400-33.403, 3.740; ; musical Counel o Calor ot BOCES Essential CIVIL CASE COVER SHEET Cat. Standards of Juatcial Administration, std. 3.10 ceb.com+ Forms ESPINO-SOL OR7ANG. et. al. 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. Fis 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. [f 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 frorn a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: Cy) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ o 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 Provisionall y Complex Civil ivil Litigation Litigati (Cal. Auto Damage/Wrongful (22)~Personal injury/Property Death Be eo ot rae eyairanty (08) RulesAntitrust/Trade of Court RulesRegulation 3.400-3.403) . (03 : Uninsured : (46) (if the Motorist Contract (not unlawfule detainer ntitrusTradeDefect Construction Regulation (10) (03) case involves ‘ ‘ an uninsured j or wrongful eviction) Contract/Warranty Breach—Seller ; Claims involving Mass Tort (40) motorist claim arbitration, subject check to this item inti (not fraud or negligence) Plaintiff ; Securities : Litigation . (28) ° Negligent Breach of Contract/ Environmental/Toxic Tort (30) instead of Auto) Warranty Insurance Coverage Claims Other Pi/PD/WD (Personal Injury/ Other Breach of Contract/Warranty (arising from provisionally complex Property Damage/Wrongful Death) Collections (e.g., money owed, open case lype listed above) (41) Tort book accounts) (09) Enforcement of Judgment Asbestos (04) Collection Case—Seller Plaintiff Enforcement of Judgment (20) Asbestos Property Damage Other Promissory Note/Collections Abstract of Judgment (Out of Asbestos Personal Injury/ Case County) Wrongful Death insurance Coverage (not provisionally Confession of Judgment (non- Product Liability (not asbestos or complex) (18) domestic relations) toxic/envirenmental) (24) Auto Subrogation Sister State Judgment Medical Malpractice (45) Other Coverage Administrative Agency Award Medical Malpractice— Other Contract (37) (not unpaid taxes) Physicians & Surgeons Contractual Fraud Petition/Gertification of Entry of Other Professional Health Care Other Contract Dispute Judgment on Unpaid Taxes Malpractice Real Propert Other Enforcement of Judgment Other PI/PDWD (23) . Eminent Domain/inverse . Case — . Premises Liability (e.g., slip Condemnation (14) Miscellaneous Civil Complaint andfall) Wrongful Eviction (33) RICO (27) oe Intentional Bodily Injury/PDAWD Other Real Property (e.g., quiet title) (26) Other Complaint (not specified {e.g., assault, vandalism) Writ of Possession of Real Property above) (42) Intentional Infliction of Mortgage Foreclosure Declaratory Relief Only Emotional Distress Quict Title injunctive Retief Only (non- Negligent infliction of Other Real Property (not eminent harassment) Emotional Distress domain, landlord/tenant, or Mechanics Lien Other Pl/PD/WD foreclosure ) Other Commercial Complaint Non-PI/PD/WD (Other) Tort Unlawful Detainer otha ae, Bom torvnon-complex) Business Tor/Unfair Business Commercial (31) “ ve ino ain lex) Practice (07) Civil Rights (¢.g., discrimination, Residential (32) Drugs (38) (if the case involves illegal Miscellaneousaon oatte Civil Petition false arrest) (not civil drugs, check this item; otherwise, Partnership and Corporate harassment) (08) report as Commercial or Residential) Governance (21) Defamation (e.g., slander, libel) aoe . Other Petition (nat specified (13) Judicial Review above) (43) Fraud (16) Assat Forfeiture (05) Civil Harassment Intellectual Property (19) Petition Re: Arbitration Award (11) Workglace Violence Professional Negligence (25) Writ of Mandate (02) | Elder/Dependent Adult Legal Malpractice Writ-Administrative Mandamus Abuse . Writ-Mandamus on Limited Court Election Contest Other Professional Malpractice Case Matter ne (not medical or legal) Other Non-P/PD/WD Tort (35) Writ-Other Review Limited Court Case Sotto toe Notes Chaim we Employment Other Judicial Review (39) Other Civil Petition Wrongful Termination (36) Roview of Health Officer Order Other Employment (15) Notice of Appeai-Labor Commissioner Appeals CM-010 (Rev, September 1, 2021] BECEB Essential CIVIL CASE COVER SHEET Page 2 of2 ceb.com.? Forms: ESPINO-SOLORZANO, et. al.