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CM-010
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
A. Barry Cappello(SBN 037835), Leila J. Noel(114307),David L. Cousineau(SBN 298801)
G. Michael Brelje(SBN 269476), Richard Lloyd(SBN 332101) ELECTRONICALLY FILED
CAPPELLO & NOEL, LLP, 831 State St., Santa Barbara, CA 93101 Superior Court of California
TELEPHONE NO, (805) 564-2444 FAX NO. (Optional) County of Santa Barbara
(805) 965-5950
ATTORNEY FOR (Name): Plaintiff, START INC.
Darrel E. Parker, Executive Officer
3/9/2023 5:45 PM
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA By: Narzralli Baksh , Deputy
‘STREET ADDRESS: 1100 Anacapa Street
MAILING ADDRESS: 1100 Anacapa Street
CITY AND ZIP CODE: Santa Barbara, 93101
BRANCH NAME: Anacapa Division
CASE NAME:
START INC., v. NATIONAL FIRE&MARINE INS. CO., BROWN&BROWN INS., & DOES 1-100
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
23CV00965
Unlimited [-) Limited [J counter [J soinder
(Amount (Amount
Filed with first appearance by defendant JUDGE:
demanded demanded is
(Cal. Rules of Court, rule 3.402) DEPT.
exceeds $25,000) $25,000)
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) Co Breach of contractwarranty (06) (Cal. Rules of Court, rules 3,400-3,403)
[__] Uninsured motorist (46) Co Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Other PUPD/WD (Personal Injury/Property Co Other collections (09) Construction defect (10)
Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40)
[] Asbestos (04) Securities litigation (28)
[__] Product liability (24) CJ Other contract (37) Environmental/Toxic tort (30)
Real Property
[] Medical malpractice (45) [J Eminent domain/inverse Insurance coverage claims arising from the
[] Other PI/PDWD (23) condemnation (14) above listed provisionally complex case
types (41)
Non-PVPD/WD (Other) Tort [) Wrongful eviction (33) Enforcement of Judgment
Business tort/unfair business practice (07) [_] Other real property (26) [] Enforcement of judgment (20)
Civil rights (08) Unlawful Detainer
Miscellaneous Civil Complaint
Defamation (13) [] Commercial (31) [J Rico (27)
Fraud (16) [] Residential (32) [1 Other complaint (not specified above) (42)
Intellectual property (19) [] Drugs (38)
Miscellaneous Civil Petition
Professional negligence (25) Judicial Review
[__] Partnership and corporate governance (21)
Other non-PI/PD/WD tort (35) [J Asset forfeiture (05)
Employment [] Petition re: arbitration award (11) [_] Other petition (not specified above) (43)
[_] Wrongful termination (36) [] writ of mandate (02)
[__] Other employment (15) [__] Other judicial review (39)
This case [x ] is [1 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. [5] 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
c. [5¢] Substantial amount of documentary evidence court
f. [-] Substantial postjudgment judicial supervision
3. Remedies sought (check
aif that apply): a. (X_] monetary b. [__] nonmonetary; declaratory or injunctive relief c. [X_] punitive
4 Number of causes of action (specify): THREE
5. This case [__] is [64 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: March9, 2023
Leila J. Noel
(TYPE OR PRINT NAME!
> /s/ LeilaJ. Noel
(SIGNATURE 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.
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.
jo 1 of 2
Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740;
Judicial Council of California Cal, Standards of Judicial Administration, std. 3.10,
CM-010 [Rev. July 1, 2007] www.courts.ca.gov
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
;ompleting 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 Provisionally Complex Ci igation (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 Antitrust/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/PDIWD (Personal Injury/ Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Other Breach of Contract/Warranty case lype 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 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
Other Contract Dispute Judgment on Unpaid Taxes
Malpractice Other Enforcement of Judgment
Other P/PD/WD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse
Condemnation (14) Miscellaneous Civil Complaint
and fall) RICO (27)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42)
Intentional Infliction 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, landlord/tenant, or Other Commercial Complaint
Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tor/non-complex)
Business Tort/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 Partnership 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 (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
(not medical or legal) Case Matter Petition for Name Change
Other Non-PI/PD/WD Tort (35) Writ-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 Appeals
CM-010 [Rev. July 1, 2007] CIVIL CASE COVER SHEET Page 2 of 2
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CM-010 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY A. Barry Cappello(SBN 037835), Leila J. Noel(114307),David L. Cousineau(SBN 298801) G. Michael Brelje(SBN 269476), Richard Lloyd(SBN 332101) ELECTRONICALLY FILED CAPPELLO & NOEL, LLP, 831 State St., Santa Barbara, CA 93101 Superior Court of California TELEPHONE NO, (805) 564-2444 FAX NO. (Optional) County of Santa Barbara (805) 965-5950 ATTORNEY FOR (Name): Plaintiff, START INC. Darrel E. Parker, Executive Officer 3/9/2023 5:45 PM SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA By: Narzralli Baksh , Deputy ‘STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: 1100 Anacapa Street CITY AND ZIP CODE: Santa Barbara, 93101 BRANCH NAME: Anacapa Division CASE NAME: START INC., v. NATIONAL FIRE&MARINE INS. CO., BROWN&BROWN INS., & DOES 1-100 CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: 23CV00965 Unlimited [-) Limited [J counter [J soinder (Amount (Amount Filed with first appearance by defendant JUDGE: demanded demanded is (Cal. Rules of Court, rule 3.402) DEPT. exceeds $25,000) $25,000) 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) Co Breach of contractwarranty (06) (Cal. Rules of Court, rules 3,400-3,403) [__] Uninsured motorist (46) Co Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other PUPD/WD (Personal Injury/Property Co Other collections (09) Construction defect (10) Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) [] Asbestos (04) Securities litigation (28) [__] Product liability (24) CJ Other contract (37) Environmental/Toxic tort (30) Real Property [] Medical malpractice (45) [J Eminent domain/inverse Insurance coverage claims arising from the [] Other PI/PDWD (23) condemnation (14) above listed provisionally complex case types (41) Non-PVPD/WD (Other) Tort [) Wrongful eviction (33) Enforcement of Judgment Business tort/unfair business practice (07) [_] Other real property (26) [] Enforcement of judgment (20) Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint Defamation (13) [] Commercial (31) [J Rico (27) Fraud (16) [] Residential (32) [1 Other complaint (not specified above) (42) Intellectual property (19) [] Drugs (38) Miscellaneous Civil Petition Professional negligence (25) Judicial Review [__] Partnership and corporate governance (21) Other non-PI/PD/WD tort (35) [J Asset forfeiture (05) Employment [] Petition re: arbitration award (11) [_] Other petition (not specified above) (43) [_] Wrongful termination (36) [] writ of mandate (02) [__] Other employment (15) [__] Other judicial review (39) This case [x ] is [1 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. [5] 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 c. [5¢] Substantial amount of documentary evidence court f. [-] Substantial postjudgment judicial supervision 3. Remedies sought (check aif that apply): a. (X_] monetary b. [__] nonmonetary; declaratory or injunctive relief c. [X_] punitive 4 Number of causes of action (specify): THREE 5. This case [__] is [64 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: March9, 2023 Leila J. Noel (TYPE OR PRINT NAME! > /s/ LeilaJ. Noel (SIGNATURE 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. 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. jo 1 of 2 Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Judicial Council of California Cal, Standards of Judicial Administration, std. 3.10, CM-010 [Rev. July 1, 2007] www.courts.ca.gov 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 ;ompleting 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 Provisionally Complex Ci igation (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 Antitrust/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/PDIWD (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case lype 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 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 Other Contract Dispute Judgment on Unpaid Taxes Malpractice Other Enforcement of Judgment Other P/PD/WD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/Inverse Condemnation (14) Miscellaneous Civil Complaint and fall) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional Infliction 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, landlord/tenant, or Other Commercial Complaint Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tor/non-complex) Business Tort/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 Partnership 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 (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 (not medical or legal) Case Matter Petition for Name Change Other Non-PI/PD/WD Tort (35) Writ-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 Appeals CM-010 [Rev. July 1, 2007] 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 Cleart form