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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY
WILLIAM G. MALCOLM #129271 / NICOLAS MATAYRON #304097
MALCOLM ¢ CISNEROS, A Law Corporation
2112 Business Center Drive, Irvine, CA 92612
TELEPHONE NO.(949) 252-9400 FAX NO. (Optionay: (949) 252-1032
E-MAIL ADDRESS: nmatayron@mclaw.org
ATTORNEY FOR (Name): Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS; 1200 Aguajito Road
MAILING ADDRESS: 1200 Aguajito Road
CITY AND ZIP CODE Monterey, CA 93940
BRANCH NAME: Monterey Courthouse
CASE NAME:
SANTANDER BANK v. ROCCO M. BROWN, et al.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER,
Unlimited [_) Limited [J Counter [J Joinder
(Amount (Amount
demanded demanded is
Filed with first appearance by defendant JUDGE:
(Cal. Rules of Court, rule 3.402) DEPT.
exceeds $25,000) $25,000 or less)
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
[J Auto (22) [] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
[_] Uninsured motorist (46) [__] Rule 3.740 collections (09) [__] AntitrustTrade regulation (03)
Other PI/PD/WD (Personal Injury/Property [-] Other collections (09) [__] Construction defect (10)
Damage/Wrongful Death) Tort
[[] Insurance coverage (18) [J Mass tort (40)
[J Asbestos (04) [_] Other contract (37) [__] Securities litigation (28)
[J Product liability (24)
Real Property [__] Environmental/Toxic tort (30)
[__] Medical malpractice (45) [J] Eminent domain/inverse [J Insurance coverage claims arising from the
[__] Other Pv/PD/Wp (23) condemnation (14)
above listed provisionally complex case
types (41)
Non-PI/PD/WD (Other) Tort [] Wrongful eviction (33) Enforcement of Judgment
Business tort/unfair business practice (07) [-X] Other real property (26) [J Enforcement of judgment (20)
Civil rights (08) Unlawful Detainer
Miscellaneous Civil Complaint
Defamation (13) [J Commercial (31)
[] Rico (27)
Fraud (16) [_] Residential (32) [-] Other complaint (not specified above) (42)
Intellectual property (19) [J Drugs (38)
Miscellaneous Civil Petition
Professional negligence (25) Judicial Review
[__] Partnership and corporate governance (21)
[__] Other non-PI/PD/WD tort (35) [] 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 [__] is 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
issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal
c. [_] Substantial amount of documentary evidence court
f. {__] Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. [__] monetary nonmonetary; declaratory or injunctive relief c. [___] punitive
b.
4 Number of causes of action (specify). (1) REFORMATION OF INSTRUMENT; (2) DECLARATORY RELIEF
5. This case [__] is is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You mayjuse form CM-015.)
Date: June 27, 2023
Nicolas Matayron, Esq.
(TYPE OR PRINT NAME}
> \(G@NATURE 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.
Page 1 of 2
Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal, Rules of Court, rules 2.20, 3.220, 3.400-3.403, 3.740.
Judicial Council of California Call. Standards of Judicial Administration, std. 3.10
(CM-010 [Rev. September 1, 2021] 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
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 (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 PUPDIWD (Personal Injury! Warranty (arising from provisionally complex
Property Damage/Wrongful 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) (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 Judgment on Unpaid Taxes.
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PVPD/WD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall Condemnation (14)
Wrongful Eviction (33) RICO (27)
Intentional Bodily Injury/PD/WD Other Real Property (e.g., quiet title) (26) Other Complaint (not specified
(e.g., assault, vandalism) 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-tort/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
Judicial Review
(13) 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
ommissioner Appeals
(CM-010 [Rev, September 1, 2021] 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 WILLIAM G. MALCOLM #129271 / NICOLAS MATAYRON #304097 MALCOLM ¢ CISNEROS, A Law Corporation 2112 Business Center Drive, Irvine, CA 92612 TELEPHONE NO.(949) 252-9400 FAX NO. (Optionay: (949) 252-1032 E-MAIL ADDRESS: nmatayron@mclaw.org ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS; 1200 Aguajito Road MAILING ADDRESS: 1200 Aguajito Road CITY AND ZIP CODE Monterey, CA 93940 BRANCH NAME: Monterey Courthouse CASE NAME: SANTANDER BANK v. ROCCO M. BROWN, et al. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER, Unlimited [_) Limited [J Counter [J Joinder (Amount (Amount demanded demanded is Filed with first appearance by defendant JUDGE: (Cal. Rules of Court, rule 3.402) DEPT. exceeds $25,000) $25,000 or less) 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 [J Auto (22) [] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) [_] Uninsured motorist (46) [__] Rule 3.740 collections (09) [__] AntitrustTrade regulation (03) Other PI/PD/WD (Personal Injury/Property [-] Other collections (09) [__] Construction defect (10) Damage/Wrongful Death) Tort [[] Insurance coverage (18) [J Mass tort (40) [J Asbestos (04) [_] Other contract (37) [__] Securities litigation (28) [J Product liability (24) Real Property [__] Environmental/Toxic tort (30) [__] Medical malpractice (45) [J] Eminent domain/inverse [J Insurance coverage claims arising from the [__] Other Pv/PD/Wp (23) condemnation (14) above listed provisionally complex case types (41) Non-PI/PD/WD (Other) Tort [] Wrongful eviction (33) Enforcement of Judgment Business tort/unfair business practice (07) [-X] Other real property (26) [J Enforcement of judgment (20) Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint Defamation (13) [J Commercial (31) [] Rico (27) Fraud (16) [_] Residential (32) [-] Other complaint (not specified above) (42) Intellectual property (19) [J Drugs (38) Miscellaneous Civil Petition Professional negligence (25) Judicial Review [__] Partnership and corporate governance (21) [__] Other non-PI/PD/WD tort (35) [] 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 [__] is 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 issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal c. [_] Substantial amount of documentary evidence court f. {__] Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. [__] monetary nonmonetary; declaratory or injunctive relief c. [___] punitive b. 4 Number of causes of action (specify). (1) REFORMATION OF INSTRUMENT; (2) DECLARATORY RELIEF 5. This case [__] is is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You mayjuse form CM-015.) Date: June 27, 2023 Nicolas Matayron, Esq. (TYPE OR PRINT NAME} > \(G@NATURE 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. Page 1 of 2 Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal, Rules of Court, rules 2.20, 3.220, 3.400-3.403, 3.740. Judicial Council of California Call. Standards of Judicial Administration, std. 3.10 (CM-010 [Rev. September 1, 2021] 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 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 (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 PUPDIWD (Personal Injury! Warranty (arising from provisionally complex Property Damage/Wrongful 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) (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 Judgment on Unpaid Taxes. Malpractice Other Contract Dispute Other Enforcement of Judgment Other PVPD/WD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall Condemnation (14) Wrongful Eviction (33) RICO (27) Intentional Bodily Injury/PD/WD Other Real Property (e.g., quiet title) (26) Other Complaint (not specified (e.g., assault, vandalism) 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-tort/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 Judicial Review (13) 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 ommissioner Appeals (CM-010 [Rev, September 1, 2021] CIVIL CASE COVER SHEET Page 2 of 2