Preview
V
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address):
. . FOR COURT USE ONLY
CM-o1o
Robert Scott Kennard, S B N 1 17017 . . .
John Gordon, S .B .N. 180053
NELSON & KENNARD File No. 22-01103—0
5011 Dudley Blvd, Bldg 250, Bay G, F
SUPERIOR COURTOFCALIFORNIA
I L E D
McClellan, CA 95652 '
,
P.O. Box 13807, Sacramento, CA 95853 ‘ CSOAJNNEEROSASRADN'NBOES'NSA'BR?&NFO
TELEPHONENO.: (916) 920—2295 FAXNO.(Opfiona/): (916) 920-0682 .
ATTORNEYFOR (Name): CAVALRY SPV I, LLC
SUPERIOR COURT OF CALIFORNIA. COUNTY OF SAN BERNARDINO APR 222022
STREET ADDRESS: 247 West Third St
MAILINGADDRESS: 247 West Third St
AH
CITYANDZIPCODE: San Bernardino, CA 92415—0210 BY
BRANCHNAME; SAN BERNARDINO DISTRICT — LIMITED CIVIL CASE , MARIAMA PERRYMA ,DEPUTY
~---'—-- v-- XVJ
CASE NAME:CAVALRY SPV I, LLC, v. SUSAN ESQUIVEL, Et a1.
CIVIL CASE COVER SHEET CfilvmgB
Limited
Complex Case Designation -
2 2 08 h 5 9
[l Unlimited D(] ]Counter ]Jomder
gAmougt
[ [ JUDGE:
(?momg d. ' ' '
eman e d eman e IS Flled wath appearance by defendant
fIrst
exceeds $25300) $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) [ )AntitrustlTrade regulation (03)
Other PIIPDMID (Personal InjuryIProperty [ ]
Other collections (09) [ ] Construction defect (10)
DamageNVrongful Death) Tort [ ] Insurance coverage (18) [ ] Mass tort (40)
]Other contract (37) Securities litigation (28)
[ ]Asbestos (04) [ [ l
Product liability (24) Real Property [ ] Environmental/Toxic tort (30)
[ ]
Medical malpractice (45) [ ]
Eminent domain/inverse [ ]
Insurance coverage claims arising from the
[ ]
condemnation (14) above
[] Other Pl/PD/WD (23)
Non-PIIPDNVD (Other) Tort [ ]Wrongful eviction (33) liSted provisionally complex case types (41)
Business tort/unfair business practice (07) [ ] Other real property (26)
Enforcement 0f Judgment
[ ]
Civil rights (08) Unlawful Detainer [] Enforcement ofjudgment (20)
[ ]
Defamation (13) [ ]Commercial (31) Miscellaneous Civil Complaint 2
[ ]
Fraud (16) [ ] Residential (32) [ ] RICO (27)
[ ]
Intellectual property (19) [ ] Drugs (38) [ ]
Other complaint (notspecified 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 (1 1) [ ]
Other petition (not specified above) (43)
]Wrongful termination (36) [
]Wn‘t of mandate (O2)
[
[ ] Other employment (15) [ ]Otherjudicial 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 be time-consuming to resolve
will 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
4. Number of causes of action (specify): TWO
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: March 16, 2022 /.
JOHN GORDON ’ SQ‘JQQJ
(TYPE OR PRINT NAME) ATURE 0F PLAINTIFF 0R ATTORNEY)
(Sig
NOTICE
- must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the
Plaintiff
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
Cal. Rules of Court, rules 2.30, 3.220, 3.400 — 3.403, 3.740;
Form Adoerd for Mandatory Use CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std 3.10
Judicial Council of California
www.courtinfo.ca.gov
CM-01O [Rev. September 1. 2021]
. i
. . CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. If you are example, a complaint) in a civil case, you must complete and file, along
filing a first paper (for
with your first paper, the Civil Case Cover Sheet contained on page will be used to compile statistics about the types and numbers of
1. This information
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.
To Parties in Rule 3.740 Collections Cases. A ”collections case" under rule 3.740 is defined as an action for recover 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 aIso 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
Auto (22) — Personal lnjury/Property Breach of ContractNVarranty (06) (Cal. Rules of Court Rules 3.400 — 3.403)
DamageNVrongfuI Death Breach of Rental/Lease
Antitrust/Trade Regulation (O3)
Uninsured Motorist (46) (if the Contract (not unlawful detainer
Construction Defect (1 O)
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 ofAuto) Negligent Breach of Contract/
Insurance Coverage Claims
Warranty
Other PIIPDNVD (Personal Injuryl Other Breach of Contract/Warranty
(arising from provisionally
Property DamageMIrongful Death) Complex case type listed above)
Collections (e.g., money owed, open
Tort (41)
book accounts) (09)
Asbestos (04) Collection Case-Seller Plaintiff Enforcement of Judgment
Asbestos Propeny 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) (1 8) 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/PDNVD (23) Eminent Domain/lnverse Other Enforcement of Judgment
Premises Liability (e‘g‘, slip Condemnation (14) Case
and fall)
Wrongful Eviction (33)
Intentional Bodily Injury/PDNVD Miscellaneous Civil Complaint
Other Real Property (e.g., quiet title) (26)
(e.g., assault, vandalism) Writ of Possession of Real Property
RICO (27)
Intentional lnfliction of Other Complaint (not specified
Mortgage Foreclosure
Emotional Distress Above) (42)
Quiet Title
Negligent lnfliction of Declaratory Relief Only
Other Real Property (not eminent
Emotional Distress Injunctive Relief On|y (non-
domain, landlord/tenant, or
Other P/PD/WD harassment)
foreclosure)
Mechanics Lien
Non-PIIPDNVD (Other) Tort Unlawful Detainer Other Commercial Complaint
Business Tort/Unfair Business Commercial (31) Case (non-tort/nomcomplex)
Practice (O7) 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) Miscellaneous Civil Petition
Report as Commercial or
Defamation (e.g., slander, libel) Partnership and Corporate
Residential)
(1 3) Governance (21)
Fraud (1 6) Judicial Review Other Petition (not specified above)
Property (19)
Intellectual Asset Forfeiture (05) (43)
Professional Negligence (25) Petition Re: Arbitration Award (1 1) Civil Harassment
Legal Malpractice Writ of Mandate (02) Workplace VioIence
Other Professional Malpractice Writ- Administrative Mandamus EIder/Dependent Adu|t
(not medical or legal) Writ-Mandamus on Limited Court Abuse
Other Non-PI/PD/WD Ton (35) Case Matter Election Contest
Writ—Other Limited Court Case Petition for Name Change
Employment Review Petition for Relief from Late
WrongfuI Termination (36) Other Judicial Review (39) Claim
Other Employment (1 5) Review of Health Officer Order Other Civil Petition
Notice of AppeaI-Labor
Commissioner Appeals
Page 2 of 2
CM—O10 [Rev. September 1. 2021] CIVIL CASE COVER SHEET
Preview
V ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): . . FOR COURT USE ONLY CM-o1o Robert Scott Kennard, S B N 1 17017 . . . John Gordon, S .B .N. 180053 NELSON & KENNARD File No. 22-01103—0 5011 Dudley Blvd, Bldg 250, Bay G, F SUPERIOR COURTOFCALIFORNIA I L E D McClellan, CA 95652 ' , P.O. Box 13807, Sacramento, CA 95853 ‘ CSOAJNNEEROSASRADN'NBOES'NSA'BR?&NFO TELEPHONENO.: (916) 920—2295 FAXNO.(Opfiona/): (916) 920-0682 . ATTORNEYFOR (Name): CAVALRY SPV I, LLC SUPERIOR COURT OF CALIFORNIA. COUNTY OF SAN BERNARDINO APR 222022 STREET ADDRESS: 247 West Third St MAILINGADDRESS: 247 West Third St AH CITYANDZIPCODE: San Bernardino, CA 92415—0210 BY BRANCHNAME; SAN BERNARDINO DISTRICT — LIMITED CIVIL CASE , MARIAMA PERRYMA ,DEPUTY ~---'—-- v-- XVJ CASE NAME:CAVALRY SPV I, LLC, v. SUSAN ESQUIVEL, Et a1. CIVIL CASE COVER SHEET CfilvmgB Limited Complex Case Designation - 2 2 08 h 5 9 [l Unlimited D(] ]Counter ]Jomder gAmougt [ [ JUDGE: (?momg d. ' ' ' eman e d eman e IS Flled wath appearance by defendant fIrst exceeds $25300) $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) [ )AntitrustlTrade regulation (03) Other PIIPDMID (Personal InjuryIProperty [ ] Other collections (09) [ ] Construction defect (10) DamageNVrongful Death) Tort [ ] Insurance coverage (18) [ ] Mass tort (40) ]Other contract (37) Securities litigation (28) [ ]Asbestos (04) [ [ l Product liability (24) Real Property [ ] Environmental/Toxic tort (30) [ ] Medical malpractice (45) [ ] Eminent domain/inverse [ ] Insurance coverage claims arising from the [ ] condemnation (14) above [] Other Pl/PD/WD (23) Non-PIIPDNVD (Other) Tort [ ]Wrongful eviction (33) liSted provisionally complex case types (41) Business tort/unfair business practice (07) [ ] Other real property (26) Enforcement 0f Judgment [ ] Civil rights (08) Unlawful Detainer [] Enforcement ofjudgment (20) [ ] Defamation (13) [ ]Commercial (31) Miscellaneous Civil Complaint 2 [ ] Fraud (16) [ ] Residential (32) [ ] RICO (27) [ ] Intellectual property (19) [ ] Drugs (38) [ ] Other complaint (notspecified 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 (1 1) [ ] Other petition (not specified above) (43) ]Wrongful termination (36) [ ]Wn‘t of mandate (O2) [ [ ] Other employment (15) [ ]Otherjudicial 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 be time-consuming to resolve will 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 4. Number of causes of action (specify): TWO 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: March 16, 2022 /. JOHN GORDON ’ SQ‘JQQJ (TYPE OR PRINT NAME) ATURE 0F PLAINTIFF 0R ATTORNEY) (Sig NOTICE - must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Plaintiff 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 Cal. Rules of Court, rules 2.30, 3.220, 3.400 — 3.403, 3.740; Form Adoerd for Mandatory Use CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std 3.10 Judicial Council of California www.courtinfo.ca.gov CM-01O [Rev. September 1. 2021] . i . . CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are example, a complaint) in a civil case, you must complete and file, along filing a first paper (for with your first paper, the Civil Case Cover Sheet contained on page will be used to compile statistics about the types and numbers of 1. This information 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. To Parties in Rule 3.740 Collections Cases. A ”collections case" under rule 3.740 is defined as an action for recover 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 aIso 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 Auto (22) — Personal lnjury/Property Breach of ContractNVarranty (06) (Cal. Rules of Court Rules 3.400 — 3.403) DamageNVrongfuI Death Breach of Rental/Lease Antitrust/Trade Regulation (O3) Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (1 O) 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 ofAuto) Negligent Breach of Contract/ Insurance Coverage Claims Warranty Other PIIPDNVD (Personal Injuryl Other Breach of Contract/Warranty (arising from provisionally Property DamageMIrongful Death) Complex case type listed above) Collections (e.g., money owed, open Tort (41) book accounts) (09) Asbestos (04) Collection Case-Seller Plaintiff Enforcement of Judgment Asbestos Propeny 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) (1 8) 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/PDNVD (23) Eminent Domain/lnverse Other Enforcement of Judgment Premises Liability (e‘g‘, slip Condemnation (14) Case and fall) Wrongful Eviction (33) Intentional Bodily Injury/PDNVD Miscellaneous Civil Complaint Other Real Property (e.g., quiet title) (26) (e.g., assault, vandalism) Writ of Possession of Real Property RICO (27) Intentional lnfliction of Other Complaint (not specified Mortgage Foreclosure Emotional Distress Above) (42) Quiet Title Negligent lnfliction of Declaratory Relief Only Other Real Property (not eminent Emotional Distress Injunctive Relief On|y (non- domain, landlord/tenant, or Other P/PD/WD harassment) foreclosure) Mechanics Lien Non-PIIPDNVD (Other) Tort Unlawful Detainer Other Commercial Complaint Business Tort/Unfair Business Commercial (31) Case (non-tort/nomcomplex) Practice (O7) 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) Miscellaneous Civil Petition Report as Commercial or Defamation (e.g., slander, libel) Partnership and Corporate Residential) (1 3) Governance (21) Fraud (1 6) Judicial Review Other Petition (not specified above) Property (19) Intellectual Asset Forfeiture (05) (43) Professional Negligence (25) Petition Re: Arbitration Award (1 1) Civil Harassment Legal Malpractice Writ of Mandate (02) Workplace VioIence Other Professional Malpractice Writ- Administrative Mandamus EIder/Dependent Adu|t (not medical or legal) Writ-Mandamus on Limited Court Abuse Other Non-PI/PD/WD Ton (35) Case Matter Election Contest Writ—Other Limited Court Case Petition for Name Change Employment Review Petition for Relief from Late WrongfuI Termination (36) Other Judicial Review (39) Claim Other Employment (1 5) Review of Health Officer Order Other Civil Petition Notice of AppeaI-Labor Commissioner Appeals Page 2 of 2 CM—O10 [Rev. September 1. 2021] CIVIL CASE COVER SHEET