Preview
. .
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stare Bar number, CM-01 0
and address):
Hunt & Henriques, LLP FOR COURT use ONLY
Donald Sherrill #266038 Alexander Balzer Carr #338024
| |
7017 Realm Drive, San José, CA 95119
CA Debt Collection License No. 10136-99
TELEPHONE No: (800) 680-2426
FAX N0; (408) 362-2299
F g L E D
ATTORNEY FOR (Name): Plaintiff
SUPEZWCR (?Qi JRT CALIFORNIA
O.“-
CO! NW mi 5-2,.\M :Lzy’mmgmmo
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 West Third Street
MAILING ADDRESS: JUN 15 2023
CITY AND ZIP CODE: San Bernardino CA 92415-0210
BRANCH NAME: San Bernardino District-Civil Division
BY X152!
CASE NAME: TD BANK USA, N.A. v. MAYRA DAMERY Z/t‘;
.....
AEJfI‘AfiyV/i PUD} ?ICIULL. DE? (‘1‘!
CIVIL CASE COVER SHEET
Unlimited
(Amount
L Limited
(Amount
Complex Case Designation
Counter Joinder
CASE
CNWRSB 23 1 3 7 5 7
demanded demanded is Filed with first appearance by defendant JUDGE
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1—6 below must be completed (see instructions
onflge 2L
. 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/warramy (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured Motorist (46) _X_ Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Other Pl/PD/WD (Personal lnjurylProperty Other collections (09) Construction defect (1 0)
DamageIWrongful Death) Tort Insurance coverage (18) Mass tort (40)
Asbestos (04) Other contract (37) Securities litigation (28)
Product liability (24) Environmental/Toxic
Real Property tort (30)
Medical malpractice (45) Insurance coverage claims arising from the
Eminem domain/lnverse
Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case
types (41)
Non-PI/PDIWD (Other) Tort Wrongful eviction (33)
Enforcement of Judgment
Business tort/unfair business practice (07) Other real property (26)
Enforcement of judgment (20)
Civil righfis (08) Unlawful Detainer
Miscellaneous Civil Complaint
Defamation (1 3) Commercial (31)
RICO (27)
Fraud (16) Residential (32)
Other complaint (not specified above) (42)
Intellectual property (19) Drugs (38)
Miscellaneous Civil Petition
Professional negligence (25)
Judicial Review Partnership and corporate governance
Other non-PI/PDNVD tort (35) (21)
Asset forfeiture (05) Other petition (not specified above) (43)
Employment Petition re: arbitration award (1 1)
Wrongful termination (36) Writ of mandate (02)
Other employment (1 5) Otherjudicial review (39)
This case |__I is is not complex under rule 3.400 of the California Rules of Court‘ Ifthe case
factors requiring exceptional judicial is complex, mark the
management:
a. Large number of separately represented parties
d. Large number of witnesses
b. Ex‘ensive motion practice raising difficult or novel
e. Coordination with related actions pending in one or
more courts
_‘ issues that will be time-consuming to resolve in other counties, states, or countries, or
in a federal court
c. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision
Remedies sought (check al/ that apply): a. x monetary b‘ nonmonetary; declaratory or injuncfive relief c. punitive
Number of causes of action (specify): 1
9.0199»
This case is X is not a class action suit.
there are any known
W
If related cases file and serve a notice of related case (You
may use form CM—-015)
D.ate June7, 2023
Alexander Balzer Carr #338024
p
(TYPE 0R PRINT NAME)
(SIGNATURE OF PARTY 0R ATTORNEY FOR PARTY)
o
NOTICE
Plaintiff must file this cover sheet with the
first paper filed in the action or proceed
ing (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and
Institutions Code). (Cal. Rules of Court, rule
in sanctions. 3.220.) Failure to file may result
o Fi|e this cover sheet in addition to any cover sheet required by local Court rule.
o 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.
o Unless this is a collections Page 1 of 2
case under rule 3.740 or a complex case, this cover sheet shall be used
Form Adorned for Manda‘ory Use
for statistical purposes only.
Judicial Council of California
CM-O1O [Rem September
CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400—3.403,
3.740;
1, 2021] Cal. Standards of Judicial Administration,
std‘ 3.10
1520451 «001
. I
I
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
V
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 Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
in
owed in sum
stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
a
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 complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated
is
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 Provisionally Complex Civil thigation (Cal.
Auto (22)—Persona| Injury/Propeny Breach of Contract/Warranty (06) Rules of Court Rule 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 (1 O)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to ContractNVarranty 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 PIIPDMID (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 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 Administrative Agency Award
Medical Malpractice— Other Coverage (no! unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Cenification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax
Malpractice Other Contrac’t Dispute Other Enforcement of Judgment
Other PI/PD/WD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) 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 lnjunctive 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-PIIPDIWD (Other) Tort foreclosure) Case (non-torl/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 (05) Civil Harassment
Intellectual Property (1 9) Petition Re: Arbitration Award (1 1) Workplace Violence
Professional Negligence (25) Writ of Mandate EIder/Dependent Adult
(02)
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 Ton (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 AppeaI—Labor
Commissioner Appeals
CM—010 {Rev. September 1, 2021]]
CIVIL CASE COVER SHEET Page 2 of 2
1520451 .001
Preview
. . ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stare Bar number, CM-01 0 and address): Hunt & Henriques, LLP FOR COURT use ONLY Donald Sherrill #266038 Alexander Balzer Carr #338024 | | 7017 Realm Drive, San José, CA 95119 CA Debt Collection License No. 10136-99 TELEPHONE No: (800) 680-2426 FAX N0; (408) 362-2299 F g L E D ATTORNEY FOR (Name): Plaintiff SUPEZWCR (?Qi JRT CALIFORNIA O.“- CO! NW mi 5-2,.\M :Lzy’mmgmmo SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 West Third Street MAILING ADDRESS: JUN 15 2023 CITY AND ZIP CODE: San Bernardino CA 92415-0210 BRANCH NAME: San Bernardino District-Civil Division BY X152! CASE NAME: TD BANK USA, N.A. v. MAYRA DAMERY Z/t‘; ..... AEJfI‘AfiyV/i PUD} ?ICIULL. DE? (‘1‘! CIVIL CASE COVER SHEET Unlimited (Amount L Limited (Amount Complex Case Designation Counter Joinder CASE CNWRSB 23 1 3 7 5 7 demanded demanded is Filed with first appearance by defendant JUDGE exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1—6 below must be completed (see instructions onflge 2L . 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/warramy (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured Motorist (46) _X_ Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other Pl/PD/WD (Personal lnjurylProperty Other collections (09) Construction defect (1 0) DamageIWrongful Death) Tort Insurance coverage (18) Mass tort (40) Asbestos (04) Other contract (37) Securities litigation (28) Product liability (24) Environmental/Toxic Real Property tort (30) Medical malpractice (45) Insurance coverage claims arising from the Eminem domain/lnverse Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case types (41) Non-PI/PDIWD (Other) Tort Wrongful eviction (33) Enforcement of Judgment Business tort/unfair business practice (07) Other real property (26) Enforcement of judgment (20) Civil righfis (08) Unlawful Detainer Miscellaneous Civil Complaint Defamation (1 3) Commercial (31) RICO (27) Fraud (16) Residential (32) Other complaint (not specified above) (42) Intellectual property (19) Drugs (38) Miscellaneous Civil Petition Professional negligence (25) Judicial Review Partnership and corporate governance Other non-PI/PDNVD tort (35) (21) Asset forfeiture (05) Other petition (not specified above) (43) Employment Petition re: arbitration award (1 1) Wrongful termination (36) Writ of mandate (02) Other employment (1 5) Otherjudicial review (39) This case |__I is is not complex under rule 3.400 of the California Rules of Court‘ Ifthe case factors requiring exceptional judicial is complex, mark the management: a. Large number of separately represented parties d. Large number of witnesses b. Ex‘ensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts _‘ issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision Remedies sought (check al/ that apply): a. x monetary b‘ nonmonetary; declaratory or injuncfive relief c. punitive Number of causes of action (specify): 1 9.0199» This case is X is not a class action suit. there are any known W If related cases file and serve a notice of related case (You may use form CM—-015) D.ate June7, 2023 Alexander Balzer Carr #338024 p (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY 0R ATTORNEY FOR PARTY) o NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceed ing (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule in sanctions. 3.220.) Failure to file may result o Fi|e this cover sheet in addition to any cover sheet required by local Court rule. o 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. o Unless this is a collections Page 1 of 2 case under rule 3.740 or a complex case, this cover sheet shall be used Form Adorned for Manda‘ory Use for statistical purposes only. Judicial Council of California CM-O1O [Rem September CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400—3.403, 3.740; 1, 2021] Cal. Standards of Judicial Administration, std‘ 3.10 1520451 «001 . I I INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET V 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 Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money in owed in sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in a 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 complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated is 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 Provisionally Complex Civil thigation (Cal. Auto (22)—Persona| Injury/Propeny Breach of Contract/Warranty (06) Rules of Court Rule 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 (1 O) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to ContractNVarranty 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 PIIPDMID (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 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 Administrative Agency Award Medical Malpractice— Other Coverage (no! unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Cenification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax Malpractice Other Contrac’t Dispute Other Enforcement of Judgment Other PI/PD/WD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) 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 lnjunctive 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-PIIPDIWD (Other) Tort foreclosure) Case (non-torl/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 (05) Civil Harassment Intellectual Property (1 9) Petition Re: Arbitration Award (1 1) Workplace Violence Professional Negligence (25) Writ of Mandate EIder/Dependent Adult (02) 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 Ton (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 AppeaI—Labor Commissioner Appeals CM—010 {Rev. September 1, 2021]] CIVIL CASE COVER SHEET Page 2 of 2 1520451 .001