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ATTORNEY CR PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address)?
. . FOR COURT USE ONLY
CM-010
Hunt & Henriques, LLP
Donald Sherrill #266038 Brian Langedyk #337250
| |
7017 Realm Drive, San José, CA 951 19
CA Debt Collection License No. 10136-99 3
TELEPHONE No: (800) 680-2426 FAX N0: (408) 362-2299
ATTORNEY FOR (Name): Plaintiff
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 West Third Street
MAILING ADDRESS: '
CITY AND ZIP CODE: San Bernardino CA 9241 5-021 o )7 ‘
By -“‘ ”Vi;
BRANCH NAME: San Bernardino District-Civil Division 'LZ
ABRIANIQA :iilvi'iuxéjf"; i '
CASE NAME: CAPITAL ONE, N.A. v. ANTONIO SIORDIA, |||
CIVIL CASE COVER SHEET
E Unlimited
(Amount
m Limited
(Amount
D Complex Case Designation
Counter E .
Jounder
C
E)
s
u 38;-
uB
n fl
E; a a 3 ii a 8
appearance by defendant JUDGE?
demanded demanded is Filed with first
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
E Auto (22) a
Contract
[E
Breach of contract/warranty (06)
Provisionally Complex Civil Litigation
D
(cal-RUleS 0f Court: 'Ules 3-400'3-403)
Uninsured Motorist (46)
Other PI/PD/wn (Personal Injury/Property E
E
Rule 3.740 collections (09)
O‘her °°"eCti°"S (09) D
E
Antitrust/Trade regulation (03)
C°”s"“°“°" defeCt (1°)
DamageNVrongful Death) Tort
Asbestos (o4) D |nsurance coverage (18)
Other contract (37) E Mass tort (40)
Securities litigation (28)
E Medical malPTaCtice (45)
Emmy Eminent domain/lnverse
E ~ - -
pmv's'maw °°mplex case
E
Other PI/PD/WD (23)
Non-PI/PD/wo (Other) Tort
Business tort/unfair business practice (07)
E
E
condemnatign.(14)
Wr°”9f“' e‘“°"°” (33)
Other real prOpeny (26)
E
@2222?“
Enforcement ofJudgment
Enforcement ofjudgment (20)
l:
E
E
Civil rights (08)
Defamation (13) E
Unlawful Detainer
E Commercial (31)
Miscellaneous
E
1::1 Rico (27)
Civil Complaint
D
E
Fraud (16)
Intellectual property (19) D ReSidentia'
Drugs (38)
(37-)
E
Other complaint (not specified above) (42)
Miscellaneous Civil Petition
l:
Professional negligence (25)
Other non-PI/PD/WD tort (35)
E
Judicial
D Asset
Review
forfeiture (o5) E Partnership and corporate governance (21)
omer petition (not specified above) (43)
Employment
D E Wrongful termination (36)
Other employment (15)
E
E
Petition re: arbitration
Writ of mandate
Otherjudicial review (39)
(02)
award (11)
2. This case is is not complex under rule 3.400 ofthe California Rules of Court. Ifthe case is complex, mark the
E
factors requiring exceptional judicial
E
a.
b.
Large number of separately represented parties
Extensive motion practice raising difficult or novel
management:
d.
e.
E
D Large number ofwitnesses
Coordination with related actions pending in one or more courts
E
c.
issues that
Substantial
will
amount
be time-consuming to resolve
of documentary evidence D in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
m
f.
3. Remedies sought (check all that apply): a. monetary b. E nonmonetary; declaratory or injunctive relief 0:] punitive
4.
5‘
6 If
E m
Numberofcauses ofaction
This case
there are any
is
known
(specify):
is not
related cases, file
1
a class action suit.
and serve a notice of related case. (You may use form -0 5)
Date: May 25, 2023
Brian Langedyk #337250 ’
(TYPE 0R PRINT NAME) (SIGNATukeorFARTY 0R ATTORNEY FOR PARTY)
NOTICE
o 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.
o File this cover sheet in addition to any cover sheet required by local court rule.
o Ifthis case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy ofthis cover sheet on all other
panies to the action or proceeding. Page1 ot2
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 Adop1ed for Mandatory Use Cal Rules of Court, rules 2.30, 3.220, 3400—3403, 3 740;
Judlcxal Council ofCalufornia CIVIL CASE COVER SHEET Cal. Standards ofJudicialAdministration, 5m. 3.10
CM»010 [Rev September 1‘ 2021]
1519892001
. '
‘
I
CM-010
INSTRUCTIONS O‘N HOWTO 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. This information will be used to compile
statistics about the types and numbers of cases filed. You must c
omplete 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, exam ples 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 sh
eet with the first paper filed in a civil case may subject a
its counsel, or both to sanctions under rules 2.30
party,
and 3.220 of the Califor nia 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, exclus ive 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, 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 onl
y, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is com plex under rule 3.400 of
the California Rules of Court, this must be indicated
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case by
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-designa tion that
the case is not complex, or, if the plaintiff has made no designation, a
the case is complex.
designation that
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 Rule 3.400-3.403)
DamagelWrongful 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 ContracWVarranty 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
Other PIIPDIWD (Personal lnjury/ 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 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) (1 8) Sister State Judgment
Medical Malpractice (45) Auto Subrogation
Medical Malpractice—
Administrative Agency Award
Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Other Professional Health Care
Contractual Fraud Judgment on Unpaid Tax
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PIIPDIWD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/lnverse Miscellaneous Civil Complaint
and fall)
Condemnation (14) RICO (27)
Intentional Bodily lnjury/PDNVD Wrongful Eviction (33) Other Complaint (not specified
(e.g., 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 lnfliction of
Quiet Title harassment)
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other Pl/PDNVD
domain, Iandlord/tenant, or Other Commercial Complaint
Non-Pl/PDNVD (Other) Tort
foreclosure) Case (non—tort/non-comp/ex}
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 (O5) Civil Harassment
Intellectual Property (1 9)
Petition Re: Arbitration Award (11) 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-PI/PDNVD 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-O1O [Rev July 1. 2007]
CIVIL CASE COVER SHEET Page 2 of 2
1519892001
Preview
ATTORNEY CR PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address)? . . FOR COURT USE ONLY CM-010 Hunt & Henriques, LLP Donald Sherrill #266038 Brian Langedyk #337250 | | 7017 Realm Drive, San José, CA 951 19 CA Debt Collection License No. 10136-99 3 TELEPHONE No: (800) 680-2426 FAX N0: (408) 362-2299 ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 West Third Street MAILING ADDRESS: ' CITY AND ZIP CODE: San Bernardino CA 9241 5-021 o )7 ‘ By -“‘ ”Vi; BRANCH NAME: San Bernardino District-Civil Division 'LZ ABRIANIQA :iilvi'iuxéjf"; i ' CASE NAME: CAPITAL ONE, N.A. v. ANTONIO SIORDIA, ||| CIVIL CASE COVER SHEET E Unlimited (Amount m Limited (Amount D Complex Case Designation Counter E . Jounder C E) s u 38;- uB n fl E; a a 3 ii a 8 appearance by defendant JUDGE? demanded demanded is Filed with first 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 E Auto (22) a Contract [E Breach of contract/warranty (06) Provisionally Complex Civil Litigation D (cal-RUleS 0f Court: 'Ules 3-400'3-403) Uninsured Motorist (46) Other PI/PD/wn (Personal Injury/Property E E Rule 3.740 collections (09) O‘her °°"eCti°"S (09) D E Antitrust/Trade regulation (03) C°”s"“°“°" defeCt (1°) DamageNVrongful Death) Tort Asbestos (o4) D |nsurance coverage (18) Other contract (37) E Mass tort (40) Securities litigation (28) E Medical malPTaCtice (45) Emmy Eminent domain/lnverse E ~ - - pmv's'maw °°mplex case E Other PI/PD/WD (23) Non-PI/PD/wo (Other) Tort Business tort/unfair business practice (07) E E condemnatign.(14) Wr°”9f“' e‘“°"°” (33) Other real prOpeny (26) E @2222?“ Enforcement ofJudgment Enforcement ofjudgment (20) l: E E Civil rights (08) Defamation (13) E Unlawful Detainer E Commercial (31) Miscellaneous E 1::1 Rico (27) Civil Complaint D E Fraud (16) Intellectual property (19) D ReSidentia' Drugs (38) (37-) E Other complaint (not specified above) (42) Miscellaneous Civil Petition l: Professional negligence (25) Other non-PI/PD/WD tort (35) E Judicial D Asset Review forfeiture (o5) E Partnership and corporate governance (21) omer petition (not specified above) (43) Employment D E Wrongful termination (36) Other employment (15) E E Petition re: arbitration Writ of mandate Otherjudicial review (39) (02) award (11) 2. This case is is not complex under rule 3.400 ofthe California Rules of Court. Ifthe case is complex, mark the E factors requiring exceptional judicial E a. b. Large number of separately represented parties Extensive motion practice raising difficult or novel management: d. e. E D Large number ofwitnesses Coordination with related actions pending in one or more courts E c. issues that Substantial will amount be time-consuming to resolve of documentary evidence D in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal court m f. 3. Remedies sought (check all that apply): a. monetary b. E nonmonetary; declaratory or injunctive relief 0:] punitive 4. 5‘ 6 If E m Numberofcauses ofaction This case there are any is known (specify): is not related cases, file 1 a class action suit. and serve a notice of related case. (You may use form -0 5) Date: May 25, 2023 Brian Langedyk #337250 ’ (TYPE 0R PRINT NAME) (SIGNATukeorFARTY 0R ATTORNEY FOR PARTY) NOTICE o 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. o File this cover sheet in addition to any cover sheet required by local court rule. o Ifthis case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy ofthis cover sheet on all other panies to the action or proceeding. Page1 ot2 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 Adop1ed for Mandatory Use Cal Rules of Court, rules 2.30, 3.220, 3400—3403, 3 740; Judlcxal Council ofCalufornia CIVIL CASE COVER SHEET Cal. Standards ofJudicialAdministration, 5m. 3.10 CM»010 [Rev September 1‘ 2021] 1519892001 . ' ‘ I CM-010 INSTRUCTIONS O‘N HOWTO 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. This information will be used to compile statistics about the types and numbers of cases filed. You must c omplete 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, exam ples 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 sh eet with the first paper filed in a civil case may subject a its counsel, or both to sanctions under rules 2.30 party, and 3.220 of the Califor nia 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, exclus ive 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, 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 onl y, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is com plex under rule 3.400 of the California Rules of Court, this must be indicated completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case by 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-designa tion that the case is not complex, or, if the plaintiff has made no designation, a the case is complex. designation that 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 Rule 3.400-3.403) DamagelWrongful 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 ContracWVarranty 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 Other PIIPDIWD (Personal lnjury/ 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 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) (1 8) Sister State Judgment Medical Malpractice (45) Auto Subrogation Medical Malpractice— Administrative Agency Award Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax Malpractice Other Contract Dispute Other Enforcement of Judgment Other PIIPDIWD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/lnverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily lnjury/PDNVD Wrongful Eviction (33) Other Complaint (not specified (e.g., 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 lnfliction of Quiet Title harassment) Emotional Distress Other Real Property (not eminent Mechanics Lien Other Pl/PDNVD domain, Iandlord/tenant, or Other Commercial Complaint Non-Pl/PDNVD (Other) Tort foreclosure) Case (non—tort/non-comp/ex} 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 (O5) Civil Harassment Intellectual Property (1 9) Petition Re: Arbitration Award (11) 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-PI/PDNVD 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-O1O [Rev July 1. 2007] CIVIL CASE COVER SHEET Page 2 of 2 1519892001