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‘
ATTORNEY 0R PARTY WITHOUT A‘ITORNEY (Name Slate Bar number, and address).
Hunt & Henriques LLP
o'v-o FOR COURT USE ONLY
CM-01 0
Donald Sherrill #266038 Alexander Balzer Carr#338024
| |
7017 Realm Drive, San José, CA 951 19
CA Debt Collection License No. 10136-99
FAX No; (408) 362—2299
F g
SUPER")? CCU RT
LE p
TELEPHONE No: (800) 680-2426
ATTORNEY FOR (Name): Plaintiff
C OUNgggf ‘
fifi‘flpgggquflqulgTO
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 West Third Street
MAILING ADDRESS:
MAR I 7 2023
CITY AND ZIP CODE: San Bernardino CA 92415-0210
BRANCH NAME: San Bernardino District—Civil Division
By
CASE NAME: CAPITAL ONE, N.A. v. JOSHUA H PINEDA
K UE MENESEgpmV
CIVIL CASE COVER SHEET
E Unlimited
(Amount
LImIted
(Amount
D Complex Case Designation
counter E Joinder
CASE6W‘
JUDGE?
SB 2 3o 5. a s
demanded demanded is Filed with first appearance by defendant
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1—6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
E
Auto Tort
Auto (22) E
Contract
m Breach of contract/warranty (06)
Provisionally Complex Civil Litigation
E
(Cal-Rifles 0f Court, "Ules 3-400'3-403)
[j Uninsured Motorist (46)
Other PI/PD/WD (Personal Injury/Property E
E
Rule 3.740 collections (09)
Other 6°”eCt‘°“$ (09) E
E
AHtitrUSUTrade TGQUIafion (03)
C°"$"“°”°” defe“ (1°)
DamageNVrongful Death) Tort
Asbestos (o4) E Insurance coverage (18)
Other contract (37) E M855 tort (40)
Securities litigation (28)
E gadgfap'I/rgglmstgesfw)
E Property
Egfleemndafiirgfiaflgverse
E above listed provisionally complex case
E
Non-PIIPDNVD (Other) Tort E
E Other real
.
wrongfu' eV'Ct'O” (33)
pmpeny
.
(26)
E
types (41)
Enforcement of Judgment
D
D
Business
Civil rights (08)
tort/unfair business practice (O7)
E
Unlawful Detainer
E
Enforcement ofjudgment (20)
Miscellaneous Civil Complaint
E
Cl
Defamation (13)
Fraud (16) E
E
Commercial
ReSidential (32)
(31)
E Rico (27)
Other complaint (not specified above) (42)
E
E
Intellectual property (19)
PTOfeSSional negligence (25)
E
Judicial
Drugs <38)
Review E
Miscellaneous
E
Civil Petition
Partnership and corporate governance (21)
E
Other non-Pl/PDNVD
Employment
tort (35)
E
E
Asset forfeiture (o5)
Petition re: arbitration award (11)
Other petition (notspecified above) (43)
2. This case
Wrongful termination (36)
Other employment (15)
E is is not complex under
D Writ of
rule
mandate
Other judicial review (39)
(02)
3.400 ofthe California Rules of Court. Ifthe case is complex, mark the
a.
b.
E
factors requiring exceptional judicial
E Large number of separately represented parties
Extensive motion practice raising difficult or novel
management:
d.
e.
E
E Large number ofwitnesses
Coordination with related actions pending in one or more courts
c. E issues that
Substantial
will be time—consuming
amount ofdocumentary evidence
to resolve
D in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
m
f.
Remedies sought (check all that apply): a. monetary b. E nonmonetary; declaratory or injunctive relief GE punitive
9.019s»
Number
This case
If
of
there are any
E m
causes of action
is
known related
(specify):
is not
cases
1
a class action suit
file and serve a notice of related case. (You may use form CM——015)
Date: March 3 2023
Alexander Balzer Carr #338024 }
(TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY FOR PARTY)
NOTICE
o must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
Plaintiff
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.
o File this cover sheet in addition to any cover sheet required by local court rule.
c lfthis case is complex under rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy of this cover sheet on all other
parties to the action or proceeding. page1 ofz
o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only.
Form Ado ted Mandate Use Cal. Rules of Court, rules 2.30, 3.220, 3.400—3.403, 3.740;
for
JudiciaIpCouncil of Califo;¥1ia
CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10
CM-O10 [Rev. September 1, 2021]
1509054001
‘
. ‘
INSTRUCTIONS ON
s
I v
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 ina 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 wi|| 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 com
plex, 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 lnjury/Property Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403)
DamageNVrongful Death Breach of Rental/Lease Antitrust/I‘rade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving Mass Ton (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 PIIPDNVD (Personal lnjuryl Warranty (arising from provisionally complex
Property DamageNVrongful 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 NotelCollections County)
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/Cenification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PIIPDNVD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/lnverse Miscellaneous Civil Complaint
and fall)
Condemnation RICO
(14) (27)
Intentional Bodily Injury/PDNVD Wrongful Eviction (33) Other Complaint (not specified
(e.gl, assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42)
Intentional lnfliction of Writ of Possession of Real Property Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non-
Negligent Infliction of Quiet Title harassment)
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other PI/PD/WD domain, Iandlord/tenant, or Other Commercial Complaint
Non-PIIPDNVD (Other) Tort foreclosure) Case (non—tort/non-complex)
Business Tofi/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) Commercial (31) (non-tort/non-complex)
Civil Rights (e.g., discrimination,
Residential (32) Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (if the case involves illegal Pannership and Corporate
harassment) (08) drugs, check this item; otherwise, Governance (21)
Defamation (e.g., slander, libel) 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 (1 1) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) EIder/Dependent Adult
Legal Malpractice Writ—Administrative Mandamus Abuse
Other Professional Malpractice Writ—Mandamus on Limited Court Election Contest
(not medical or legal) Case Matter Petition for Name Change
Other Non-Pl/PD/WD Tort (35) Writ—Other Limited Coun Case Petition for Relief from Late
Employment Review Claim
Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition
Other Employment (1 5) Review of Health Officer Order
Notice of Appeal—Labor
Commissioner Appeals
CM-010 [Rev July 1, 2007]
CIVIL CASE COVER SHEET Page 2 of 2
1509054001
Preview
‘ ATTORNEY 0R PARTY WITHOUT A‘ITORNEY (Name Slate Bar number, and address). Hunt & Henriques LLP o'v-o FOR COURT USE ONLY CM-01 0 Donald Sherrill #266038 Alexander Balzer Carr#338024 | | 7017 Realm Drive, San José, CA 951 19 CA Debt Collection License No. 10136-99 FAX No; (408) 362—2299 F g SUPER")? CCU RT LE p TELEPHONE No: (800) 680-2426 ATTORNEY FOR (Name): Plaintiff C OUNgggf ‘ fifi‘flpgggquflqulgTO SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 West Third Street MAILING ADDRESS: MAR I 7 2023 CITY AND ZIP CODE: San Bernardino CA 92415-0210 BRANCH NAME: San Bernardino District—Civil Division By CASE NAME: CAPITAL ONE, N.A. v. JOSHUA H PINEDA K UE MENESEgpmV CIVIL CASE COVER SHEET E Unlimited (Amount LImIted (Amount D Complex Case Designation counter E Joinder CASE6W‘ JUDGE? SB 2 3o 5. a s demanded demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1—6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: E Auto Tort Auto (22) E Contract m Breach of contract/warranty (06) Provisionally Complex Civil Litigation E (Cal-Rifles 0f Court, "Ules 3-400'3-403) [j Uninsured Motorist (46) Other PI/PD/WD (Personal Injury/Property E E Rule 3.740 collections (09) Other 6°”eCt‘°“$ (09) E E AHtitrUSUTrade TGQUIafion (03) C°"$"“°”°” defe“ (1°) DamageNVrongful Death) Tort Asbestos (o4) E Insurance coverage (18) Other contract (37) E M855 tort (40) Securities litigation (28) E gadgfap'I/rgglmstgesfw) E Property Egfleemndafiirgfiaflgverse E above listed provisionally complex case E Non-PIIPDNVD (Other) Tort E E Other real . wrongfu' eV'Ct'O” (33) pmpeny . (26) E types (41) Enforcement of Judgment D D Business Civil rights (08) tort/unfair business practice (O7) E Unlawful Detainer E Enforcement ofjudgment (20) Miscellaneous Civil Complaint E Cl Defamation (13) Fraud (16) E E Commercial ReSidential (32) (31) E Rico (27) Other complaint (not specified above) (42) E E Intellectual property (19) PTOfeSSional negligence (25) E Judicial Drugs <38) Review E Miscellaneous E Civil Petition Partnership and corporate governance (21) E Other non-Pl/PDNVD Employment tort (35) E E Asset forfeiture (o5) Petition re: arbitration award (11) Other petition (notspecified above) (43) 2. This case Wrongful termination (36) Other employment (15) E is is not complex under D Writ of rule mandate Other judicial review (39) (02) 3.400 ofthe California Rules of Court. Ifthe case is complex, mark the a. b. E factors requiring exceptional judicial E Large number of separately represented parties Extensive motion practice raising difficult or novel management: d. e. E E Large number ofwitnesses Coordination with related actions pending in one or more courts c. E issues that Substantial will be time—consuming amount ofdocumentary evidence to resolve D in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal court m f. Remedies sought (check all that apply): a. monetary b. E nonmonetary; declaratory or injunctive relief GE punitive 9.019s» Number This case If of there are any E m causes of action is known related (specify): is not cases 1 a class action suit file and serve a notice of related case. (You may use form CM——015) Date: March 3 2023 Alexander Balzer Carr #338024 } (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY FOR PARTY) NOTICE o must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed Plaintiff 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. o File this cover sheet in addition to any cover sheet required by local court rule. c lfthis case is complex under rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. page1 ofz o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. Form Ado ted Mandate Use Cal. Rules of Court, rules 2.30, 3.220, 3.400—3.403, 3.740; for JudiciaIpCouncil of Califo;¥1ia CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10 CM-O10 [Rev. September 1, 2021] 1509054001 ‘ . ‘ INSTRUCTIONS ON s I v 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 ina 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 wi|| 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 com plex, 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 lnjury/Property Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403) DamageNVrongful Death Breach of Rental/Lease Antitrust/I‘rade Regulation (03) Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Ton (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 PIIPDNVD (Personal lnjuryl Warranty (arising from provisionally complex Property DamageNVrongful 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 NotelCollections County) 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/Cenification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax Malpractice Other Contract Dispute Other Enforcement of Judgment Other PIIPDNVD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/lnverse Miscellaneous Civil Complaint and fall) Condemnation RICO (14) (27) Intentional Bodily Injury/PDNVD Wrongful Eviction (33) Other Complaint (not specified (e.gl, assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional lnfliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non- Negligent Infliction of Quiet Title harassment) Emotional Distress Other Real Property (not eminent Mechanics Lien Other PI/PD/WD domain, Iandlord/tenant, or Other Commercial Complaint Non-PIIPDNVD (Other) Tort foreclosure) Case (non—tort/non-complex) Business Tofi/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) Commercial (31) (non-tort/non-complex) Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition false arrest) (not civil Drugs (38) (if the case involves illegal Pannership and Corporate harassment) (08) drugs, check this item; otherwise, Governance (21) Defamation (e.g., slander, libel) 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 (1 1) Workplace Violence Professional Negligence (25) Writ of Mandate (02) EIder/Dependent Adult Legal Malpractice Writ—Administrative Mandamus Abuse Other Professional Malpractice Writ—Mandamus on Limited Court Election Contest (not medical or legal) Case Matter Petition for Name Change Other Non-Pl/PD/WD Tort (35) Writ—Other Limited Coun Case Petition for Relief from Late Employment Review Claim Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition Other Employment (1 5) Review of Health Officer Order Notice of Appeal—Labor Commissioner Appeals CM-010 [Rev July 1, 2007] CIVIL CASE COVER SHEET Page 2 of 2 1509054001