Preview
m
k .
x .z’
. .
CM-01 0
3 "‘FORQCOUHT‘USE ONLY
—
' '
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Slate Ba! number, and address}:
Daniel B. Burbott SBN: 279759
MOORE BREWER WOLFE JONES TYLER & NORTH
41 80 La Jolla Village Drive, Suite 540, La Jolla, CA 92037 r
TELEPHONE NO.:(858) 626-2880 . FAX NO.:(858) 210-6656
r:
é H~ IL P
J
ATTORNEY FOR (Name):Central State Credit Union
SUPERIOR counT 0F CALIFORNIA. COUNTY 0F STANISLAUS
STREET ADDRESS: 800 11th Street
MAILING ADDRESS: 800 11th Street
cm AND zIP CODE: Modesto, 95354
BRANCH NAME: Modesto Main Courthouse
CASE NAME:
CENTRAL STATE CREDIT UNION v. xxxxxx xxxx, et a1.
CASE NUMBER:
CIVIL CASE COVER SHEET Complex Case Designation
E] unhm'ted
(Amount
. .
X .
L'mned
(Amount
.
D Counter E Joinder
JUDGE: o p
90
demanded
exceeds $25,000)
demanded is
$25,000 or less)
Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402) DEPT:
Items 1—6 below must be completed (see Instructions on page 2).
i 2"
1. Check one box below for the case type that best describes this case:
Complex
Auto Ton
Auto (22) E
Contract
Breach of contract/warramy (06)
Provlslonally
(Cal.
E]
Rules of Court, rules 3.400—3.403)
Civil Litigation
Uninsured motorist (46)
Other PI/PD/wo (Personal Inlury/propeny
Damage/Wrongiul Death) Tort
E
E
Rule 3.740 collections (09)
Otherconections (09) D
E]
Antitrust/Trade regulation (03)
Consiruction detect (10)
Mass
ASDeStOS (04)
Product liability (24)
E Insurance coverage (1a)
omer contract (37) D
E
tort (40)
Securities Iiligation (28)
Environmentalfl'oxicion (30)
E Medical malpractice (45)
Real propeny
Eminent domain/lnverse
condemnafion
D Insurance coverage claims arising from the
D
Other PI/PD/WD (23)
Non-PI/PD/wo (Other) Tort E
E WVOHQ'U' eviC‘iO“ (33)
(14) above
‘ypes (M)
Enforcement O'JUdgment
listed provisionally complex case
E Business torl/unfair business practice (o7)
E
Other
Un'aMul Detainer
real pmpeny (26)
E Enforcement of judgment (20)
D
E
CM,
Defamation (13)
rights (08)
E CommerCia' (31) Miscellaneous CivilComplaint
E
E
E
Fraud (16)
Intellectual property (19) E Residential (32)
D'UQ$(38)
Rico (27)
Othercomplaim (notspeci/ied above)(42)
E Professional negligence (25)
omer “On‘PVPD/WD t0" (35) D
JUd'C'a' ReV'eW
Asset forfenure (05)
Miscellaneous Civil Petition
Partnership and corporate governance (21)
Employment
Wrongful (ermanaxion (36) E wm
Pemio” '63 arbi‘rafion
manda1e
award (11)
E Other petition (notspec/fied above) (43)
2.
E E Other employment (15)
This case ‘Is
is not complex under
E
oi
omer judicial
rule
(02)
review (39)
3.400 of the California Rules of Court. lf the case is complex, mark the
factors requiring exceptional judicial management:
E
D
a.
b.
Large number of separately represented parties
Extensive motion practice raising difficult or novel
d.
e.
E
E Large number of witnesses
Coordination with related actions pending in one or more courts
be time-consuming
D
c.
issues that
Substantial
wiII
amount of documentary evidence
to resolve
f. D in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
Remedies sought (check a/I thatapp/y): a.- monetary 6E nonmonetary; declaratory or injunctive relief c. Dpunitive
Number 0f CBUSGS 0f aCfiO" (SDGCW)3 Breach of Agreement (Auto Deficiency), Account Stated, Money Lent
swipes»
This case
if there are any
E is
known
is
related cases,
not
3:
a class action
file
suit.
and serve a notice of related case. (You may use form CM-015.)
Date: July 23, 2018
Daniel B flurbon }
(WPE on PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
. Plaintiff must file this cover sheetwith 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.
0 File this cover sheet addition to any cover sheet required
in by local court ruie.
o If this case is complex under
3.400 et seq. of the California Rules of Court. you must serve a copy of this cover sheet on all
rule
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
89 e1 oi 2
Form Adopted Mandatory Use
ior
Judicial Council oi Caiiiornia
CIVIL CASE COVER SHEET Cal. Rules oi Coun. rules 2.30. 3.220. 3400—3403.
Cal. Standards oi Judicial Administration, std. 3.10
3.740:
_
GM-Oio [Rev.July 1, 2007] www.cauninlacagov
Westlaw Doc 8: Form Builder-
: ./
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and O‘hers Filing First Papers. H you are filing a first paper (for example, a complaint) in a civii case, you must
complete and file, along with your first paper, the Civil Case Cover Sheetcontained 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 (3) recovery oi real property, (4) recovery oi personal property, or (5) a prejudgment writ of
damages,
attachment. The a case as a rule 3.740 collections case on this form means that it will be exempt from the general
Identification of
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 Sheer to designate whether the
case iscomplex. lf 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 tile 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 Litigation (Cal.
Auto (22)—Personal lnjury/Property Breach of ConlractANarranty (06) Rules of Court Rules 3400—3403)
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 Conlract/Warranty Breach—Seller Securities Litigation (28)
arbitration. check this item fraud or negligence)
Plaintiff (not Environmental/Toxic Ton (30)
instead ofAuto) Negligent Breach of Contract/ Insurance Coverage Claims
Warranty (arising from provisionally complex
Other PllPD/WD (Personal lniury/
Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed ab0ve) (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 lnjury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Insurance Coverage (not provisionally domestic relations)
Product Liability (not asbestos or
complex) (18) Sister StaleJudgment
toxic/environmental) (24)
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Medical Malpractice— Other Coverage (not unpaid taxes)
Petition/Cenification of Entry of
Physicians & Surgeons Other Contract (37)
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other Pl/PD/WD (23) Real Property
Premises Liability (e.g.. slip Eminent Domain/lnverse Miscellaneous Civil Complaint
and fall) Condemnation (14)
RICO (27)
intentional Bodily lnjury/PD/WD Wrongful Eviction (33) Other Complaint (not specified
above) (42)
(e.g.. assault, vandalism) Other Real Property (e.g., quiet title) (26)
Intentional Infliction of
Declaratory Relief Only
Writ of Possession of Real Property
lnjunctive Relief Only (non-
Emotional Distress Mortgage Foreclosure
harassment)
Negligent lnfliction of Quiet Title
Emotional Distress Mechanics Lien
Other Real Propeny (not eminent
Other Pl/PD/WD Other Commercial Complaint
domain, landlord/tenant, or
Non-Pl/PDNVD (Other) Tort Case (non-tort/non-comp/ex)
foreclosure)
Other Civil Complaint
Business Tort/Unfair Business Unlawful Detainer
(non-tort/non-complex)
Practice (O7) Commercial (31)
Miscellaneous Civil Petition
Civil Rights (e.g., discrimination, Residential (32)
Pannership and Corporate
false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21)
harassment) (08) drugs, check this item; otherwise, Other Petition (not specified
Defamation (e.g., slander, libel) report as Commercial or Residential)
above) (43)
(13) Judicial Review Civil Harassment
Fraud (16) Asset Forfeiture (05) Workplace Violence
IntellectualProperly (19) Petition Re: Arbitration Award (1 1)
Elder/Dependent Adult
Professional Negligence (25) Writ of Mandate (02) Abuse
Legal Malpractice Writ—Administrative Mandamus Election Contest
Other Professional Malpractice Writ-Mandamus on Limited Court
Petition for Name Change
(not medical or legal) Case Matter Petition for Relief From Late
Other Non-Pl/PD/WD Ton (35) Writ—Other Limited Court Case Claim
Employment Fieview Other Civil Petition
Wrongful Termination (36)
Other Judicial Review (39)
Other Employment (1 5) Review of Health Officer Order
Notice of Appeal—Labor
Commissioner Appeals
CM-OIO (Rev. July 1. 2007] Page 2 of 2
CIVIL CASE COVER SHEET
Preview
m k . x .z’ . . CM-01 0 3 "‘FORQCOUHT‘USE ONLY — ' ' ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Slate Ba! number, and address}: Daniel B. Burbott SBN: 279759 MOORE BREWER WOLFE JONES TYLER & NORTH 41 80 La Jolla Village Drive, Suite 540, La Jolla, CA 92037 r TELEPHONE NO.:(858) 626-2880 . FAX NO.:(858) 210-6656 r: é H~ IL P J ATTORNEY FOR (Name):Central State Credit Union SUPERIOR counT 0F CALIFORNIA. COUNTY 0F STANISLAUS STREET ADDRESS: 800 11th Street MAILING ADDRESS: 800 11th Street cm AND zIP CODE: Modesto, 95354 BRANCH NAME: Modesto Main Courthouse CASE NAME: CENTRAL STATE CREDIT UNION v. xxxxxx xxxx, et a1. CASE NUMBER: CIVIL CASE COVER SHEET Complex Case Designation E] unhm'ted (Amount . . X . L'mned (Amount . D Counter E Joinder JUDGE: o p 90 demanded exceeds $25,000) demanded is $25,000 or less) Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) DEPT: Items 1—6 below must be completed (see Instructions on page 2). i 2" 1. Check one box below for the case type that best describes this case: Complex Auto Ton Auto (22) E Contract Breach of contract/warramy (06) Provlslonally (Cal. E] Rules of Court, rules 3.400—3.403) Civil Litigation Uninsured motorist (46) Other PI/PD/wo (Personal Inlury/propeny Damage/Wrongiul Death) Tort E E Rule 3.740 collections (09) Otherconections (09) D E] Antitrust/Trade regulation (03) Consiruction detect (10) Mass ASDeStOS (04) Product liability (24) E Insurance coverage (1a) omer contract (37) D E tort (40) Securities Iiligation (28) Environmentalfl'oxicion (30) E Medical malpractice (45) Real propeny Eminent domain/lnverse condemnafion D Insurance coverage claims arising from the D Other PI/PD/WD (23) Non-PI/PD/wo (Other) Tort E E WVOHQ'U' eviC‘iO“ (33) (14) above ‘ypes (M) Enforcement O'JUdgment listed provisionally complex case E Business torl/unfair business practice (o7) E Other Un'aMul Detainer real pmpeny (26) E Enforcement of judgment (20) D E CM, Defamation (13) rights (08) E CommerCia' (31) Miscellaneous CivilComplaint E E E Fraud (16) Intellectual property (19) E Residential (32) D'UQ$(38) Rico (27) Othercomplaim (notspeci/ied above)(42) E Professional negligence (25) omer “On‘PVPD/WD t0" (35) D JUd'C'a' ReV'eW Asset forfenure (05) Miscellaneous Civil Petition Partnership and corporate governance (21) Employment Wrongful (ermanaxion (36) E wm Pemio” '63 arbi‘rafion manda1e award (11) E Other petition (notspec/fied above) (43) 2. E E Other employment (15) This case ‘Is is not complex under E oi omer judicial rule (02) review (39) 3.400 of the California Rules of Court. lf the case is complex, mark the factors requiring exceptional judicial management: E D a. b. Large number of separately represented parties Extensive motion practice raising difficult or novel d. e. E E Large number of witnesses Coordination with related actions pending in one or more courts be time-consuming D c. issues that Substantial wiII amount of documentary evidence to resolve f. D in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal court Remedies sought (check a/I thatapp/y): a.- monetary 6E nonmonetary; declaratory or injunctive relief c. Dpunitive Number 0f CBUSGS 0f aCfiO" (SDGCW)3 Breach of Agreement (Auto Deficiency), Account Stated, Money Lent swipes» This case if there are any E is known is related cases, not 3: a class action file suit. and serve a notice of related case. (You may use form CM-015.) Date: July 23, 2018 Daniel B flurbon } (WPE on PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE . Plaintiff must file this cover sheetwith 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. 0 File this cover sheet addition to any cover sheet required in by local court ruie. o If this case is complex under 3.400 et seq. of the California Rules of Court. you must serve a copy of this cover sheet on all rule 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 89 e1 oi 2 Form Adopted Mandatory Use ior Judicial Council oi Caiiiornia CIVIL CASE COVER SHEET Cal. Rules oi Coun. rules 2.30. 3.220. 3400—3403. Cal. Standards oi Judicial Administration, std. 3.10 3.740: _ GM-Oio [Rev.July 1, 2007] www.cauninlacagov Westlaw Doc 8: Form Builder- : ./ CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and O‘hers Filing First Papers. H you are filing a first paper (for example, a complaint) in a civii case, you must complete and file, along with your first paper, the Civil Case Cover Sheetcontained 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 (3) recovery oi real property, (4) recovery oi personal property, or (5) a prejudgment writ of damages, attachment. The a case as a rule 3.740 collections case on this form means that it will be exempt from the general Identification of 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 Sheer to designate whether the case iscomplex. lf 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 tile 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 Litigation (Cal. Auto (22)—Personal lnjury/Property Breach of ConlractANarranty (06) Rules of Court Rules 3400—3403) 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 Conlract/Warranty Breach—Seller Securities Litigation (28) arbitration. check this item fraud or negligence) Plaintiff (not Environmental/Toxic Ton (30) instead ofAuto) Negligent Breach of Contract/ Insurance Coverage Claims Warranty (arising from provisionally complex Other PllPD/WD (Personal lniury/ Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed ab0ve) (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 lnjury/ Other Promissory Note/Collections County) Wrongful Death Case Confession of Judgment (non- Insurance Coverage (not provisionally domestic relations) Product Liability (not asbestos or complex) (18) Sister StaleJudgment toxic/environmental) (24) Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice— Other Coverage (not unpaid taxes) Petition/Cenification of Entry of Physicians & Surgeons Other Contract (37) Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other Pl/PD/WD (23) Real Property Premises Liability (e.g.. slip Eminent Domain/lnverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) intentional Bodily lnjury/PD/WD Wrongful Eviction (33) Other Complaint (not specified above) (42) (e.g.. assault, vandalism) Other Real Property (e.g., quiet title) (26) Intentional Infliction of Declaratory Relief Only Writ of Possession of Real Property lnjunctive Relief Only (non- Emotional Distress Mortgage Foreclosure harassment) Negligent lnfliction of Quiet Title Emotional Distress Mechanics Lien Other Real Propeny (not eminent Other Pl/PD/WD Other Commercial Complaint domain, landlord/tenant, or Non-Pl/PDNVD (Other) Tort Case (non-tort/non-comp/ex) foreclosure) Other Civil Complaint Business Tort/Unfair Business Unlawful Detainer (non-tort/non-complex) Practice (O7) Commercial (31) Miscellaneous Civil Petition Civil Rights (e.g., discrimination, Residential (32) Pannership and Corporate false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21) harassment) (08) drugs, check this item; otherwise, Other Petition (not specified Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43) (13) Judicial Review Civil Harassment Fraud (16) Asset Forfeiture (05) Workplace Violence IntellectualProperly (19) Petition Re: Arbitration Award (1 1) Elder/Dependent Adult Professional Negligence (25) Writ of Mandate (02) Abuse Legal Malpractice Writ—Administrative Mandamus Election Contest Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change (not medical or legal) Case Matter Petition for Relief From Late Other Non-Pl/PD/WD Ton (35) Writ—Other Limited Court Case Claim Employment Fieview Other Civil Petition Wrongful Termination (36) Other Judicial Review (39) Other Employment (1 5) Review of Health Officer Order Notice of Appeal—Labor Commissioner Appeals CM-OIO (Rev. July 1. 2007] Page 2 of 2 CIVIL CASE COVER SHEET