Preview
Q \r a CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stare Bar number, and address): c EONLY
—Elyza P. Heraldez (SBN: 293395)
7349 Milliken Avenue, Ste. 1404
Rancho Cucamonga, CA 91730 F I L D
AUPEHIOR COURT % F CAUFORNIA
TELEPHONE No.: 909-942-9992 FAX NO‘: COUNTY 0F SAN BERNARDINO
ATTORNEY FOR (Name).- Plalntlff, Norma FrlaS
.
SAN nenNAnmNo 013mm
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F San Bemardino
STREET ADDRESS San Bernardino District - Civil Diviswn ?UN 2 {2 2fl23
MAILING ADDRESS: 247 West Third Street
r":
cmr AND ZIP CODE: San Bernardino, CA 92415-0210 ‘-
p l
I
l
CASEBrjfxt/Tg-NAME JRGGUEUNE Ms . Ev DEPUTY
Norma Firas V. Himnel USA Incorporated, et a1.
CIVIL CASE COVER SHEET Complex Case Designation
cg UM ER:
*
Unlimited
(Amount
demanded
[:3 Limited
(Amount
demanded is
E] c ounter
Filed with first
E
appearance by defendant
.
J om d er
JUDGE.'
>g a S.
I
L! O k/DZ
FAX 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).
. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
BY (Cal.Rules of Court, rules 3.400—3.403)
Breach of contracvwarranty (06)
Auto (22)
Uninsured motorist (46)
Other PI/PDNVD (Personal lnjury/Propeny
Rule 3.740 collections (09) E Antitrusthrade regulation (03)
DamageNVrongful Death) Tort
Asbestos (04)
DEEDS Other collections (09)
Insurance coverage
Other contract (37)
(1 8) D
E
Construction defect (10)
Mass ton (40)
Product liability (24) fl eal Property E
D
Securities litigation (28)
EnvironmentalfToxic tort (30)
E Medical malpraCtice (45)
Other PI/PD/WD (23)
Non-PI/PD/WD (Other) Tort
DD[]
Eminent domain/Inverse
condemnation (14)
Wrongful eviction (33)
Insurance coverage claims arising from the
above listed provisionally
types (41)
complex case
Business ton/unfair business practice (07) Other real pmperty (26) Enforcement of Judgment
Civil rights (08) C nlawful Detainer Enforcement of judgment (20)
Defamation (13) Commercial (31) Miscellaneous
DD Complaint
DDDDDDD Fraud (16)
Intellectual property (19) E Residential (32)
Drugs (38)
E Rico (27)
Civil
Other complaint (not specified above) (42)
Professional negligence (25) Judicial Review
Miscellaneous Civil Petition
Other non-Pl/PDNVD tort (35) Asset forfeiture (05)
Partnership and corporate governance (21)
Employment
Wrongful termination (36) E Petition re: arbitration award (1 1)
E Other petition (not specified above) (43)
E D
This case
Otheremployment(15)
not
E
complex under
Writ of manda‘e
Otherjudicialreview(39)
rule
(02)
3.400 of the California Rules of Court. the case
is is If is complex, mark the
factors requiring exceptional judicial management:
E
a.
E
Large number of separately represented parties d. E Large number of witnesses
b. Extensive motion practice raising difficult or novel
issues that be time-consuming
e. E Coordination with related actions pending in one or more courts
E
c. Substantial
will
amount of
to resolve
documentary evidence f. D in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
Remedies sought (check all that apply): a.- monetary b.- nonmonetary; declaratory or injunctive relief C. punitive
9P.“
Number of causes of action (specify): 9
6
This case
If there are any
D is
known
is not
related cases, file
a class action suit.
and serve a notice of related case. (You may use form CM—015.)
Date: 6/19/2023
Elyza Heraldez
(TYPE 0R PRINT NAME) GNATURE/OF PARTY 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 Coun, 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.
0 If this 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 parties to the action or proceeding.
0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only
age1 of2
Form Adopted Mandatory Use
f0!
Judicial Council of California
CIVIL CASE COVER SHEET Cal. Rules of
Cal.
Coun, rules 2.30. 3.220, 3.400—3.403, 3.740;
Standards of Judicial Adminis‘ration, std. 3.10
CM-O10 [Rev. July 1, 2007] www.couninfo.ca.gov
TNSTRUCTIONS ON HOW T0 COMPLETE THE COVER SHEET
ORTGINAL 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) ton
damages, (2) punitive damages,
recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
(3)
attachment. The case as a rule 3.740 collections case on this form means that it will be exempt from the general
identification of a
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. ln complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
<
u-
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
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
by
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.
m Auto Tort Contract
CASE TYPES AND EXAMPLES
Provisionally Complex Civil Litigation (Cal.
Auto (22)—-Persona| Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403)
DamageNVrongful Death Breach of RentaI/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (ifthe 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 ofAuto) Negligent Breach of Contractl Insurance Coverage Claims
Other PIIPDNVD (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 (O4) 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 (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Cer‘tification of Entry of
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 Case
Premises Liability (e.g., slip Eminent Domain/lnverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PDNVD Wrongful Eviction (33) Other Complaint (not specified
(e.g., assault, vandalism) above) (42)
Other Real Property (e.g., quiet title) (26)
Intentional Infliction of Writ of Possession of Real Property
Declaratory Relief Only
Emotional Distress Injunctive Relief Only (non-
Mortgage Foreclosure
Negligent Infliction of harassment)
Quiet Title
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other PIIPDNVD 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
(non-tort/non-comp/ex)
Practice (O7) Commercial (31)
Civil Rights (e.g., discrimination,
Miscellaneous Civil Petition
Residential (32)
false arrest) (not civil
Partnership and Corporate
Drugs (38) (if the case involves illegal
harassment) (08) Governance (21)
drugs, check this item; otherwise,
Defamation (e.g., slander, Other Petition (not specified
libel) report as Commercial or Residential)
(13) above) (43)
Judicial Review
Civil Harassment
Fraud (16) Asset Forfeiture (05)
Intellectual Property (19)
Workplace Violence
Petition Re: Arbitration Award (11)
Professional Negligence (25) Elder/Dependent Adult
Writ of Mandate (02)
Legal Malpractice Abuse
Writ—Administrative Mandamus
Election Contest
Other Professional Malpractice Writ—Mandamus on Limited Court
(not medical or legal)
Petition for Name Change
Case Matter
Other Non-Pl/PDNVD Tort (35) Petition for Relief From Late
Writ—Other Limited Court Case
Employment Claim
Review Other Civil Petition
Wrongful Termination (36)
Other Judicial Review (39)
Other Employment (15)
Review of Health Officer Order
Notice of AppeaI—Labor
Commissioner Appeals
CM-010 [Rev. July 1, 2007] Page 2 of 2
CIVIL CASE COVER SHEET
Preview
Q \r a CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stare Bar number, and address): c EONLY —Elyza P. Heraldez (SBN: 293395) 7349 Milliken Avenue, Ste. 1404 Rancho Cucamonga, CA 91730 F I L D AUPEHIOR COURT % F CAUFORNIA TELEPHONE No.: 909-942-9992 FAX NO‘: COUNTY 0F SAN BERNARDINO ATTORNEY FOR (Name).- Plalntlff, Norma FrlaS . SAN nenNAnmNo 013mm SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F San Bemardino STREET ADDRESS San Bernardino District - Civil Diviswn ?UN 2 {2 2fl23 MAILING ADDRESS: 247 West Third Street r": cmr AND ZIP CODE: San Bernardino, CA 92415-0210 ‘- p l I l CASEBrjfxt/Tg-NAME JRGGUEUNE Ms . Ev DEPUTY Norma Firas V. Himnel USA Incorporated, et a1. CIVIL CASE COVER SHEET Complex Case Designation cg UM ER: * Unlimited (Amount demanded [:3 Limited (Amount demanded is E] c ounter Filed with first E appearance by defendant . J om d er JUDGE.' >g a S. I L! O k/DZ FAX 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). . Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation BY (Cal.Rules of Court, rules 3.400—3.403) Breach of contracvwarranty (06) Auto (22) Uninsured motorist (46) Other PI/PDNVD (Personal lnjury/Propeny Rule 3.740 collections (09) E Antitrusthrade regulation (03) DamageNVrongful Death) Tort Asbestos (04) DEEDS Other collections (09) Insurance coverage Other contract (37) (1 8) D E Construction defect (10) Mass ton (40) Product liability (24) fl eal Property E D Securities litigation (28) EnvironmentalfToxic tort (30) E Medical malpraCtice (45) Other PI/PD/WD (23) Non-PI/PD/WD (Other) Tort DD[] Eminent domain/Inverse condemnation (14) Wrongful eviction (33) Insurance coverage claims arising from the above listed provisionally types (41) complex case Business ton/unfair business practice (07) Other real pmperty (26) Enforcement of Judgment Civil rights (08) C nlawful Detainer Enforcement of judgment (20) Defamation (13) Commercial (31) Miscellaneous DD Complaint DDDDDDD Fraud (16) Intellectual property (19) E Residential (32) Drugs (38) E Rico (27) Civil Other complaint (not specified above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non-Pl/PDNVD tort (35) Asset forfeiture (05) Partnership and corporate governance (21) Employment Wrongful termination (36) E Petition re: arbitration award (1 1) E Other petition (not specified above) (43) E D This case Otheremployment(15) not E complex under Writ of manda‘e Otherjudicialreview(39) rule (02) 3.400 of the California Rules of Court. the case is is If is complex, mark the factors requiring exceptional judicial management: E a. E Large number of separately represented parties d. E Large number of witnesses b. Extensive motion practice raising difficult or novel issues that be time-consuming e. E Coordination with related actions pending in one or more courts E c. Substantial will amount of to resolve documentary evidence f. D in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal court Remedies sought (check all that apply): a.- monetary b.- nonmonetary; declaratory or injunctive relief C. punitive 9P.“ Number of causes of action (specify): 9 6 This case If there are any D is known is not related cases, file a class action suit. and serve a notice of related case. (You may use form CM—015.) Date: 6/19/2023 Elyza Heraldez (TYPE 0R PRINT NAME) GNATURE/OF PARTY 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 Coun, 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. 0 If this 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 parties to the action or proceeding. 0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only age1 of2 Form Adopted Mandatory Use f0! Judicial Council of California CIVIL CASE COVER SHEET Cal. Rules of Cal. Coun, rules 2.30. 3.220, 3.400—3.403, 3.740; Standards of Judicial Adminis‘ration, std. 3.10 CM-O10 [Rev. July 1, 2007] www.couninfo.ca.gov TNSTRUCTIONS ON HOW T0 COMPLETE THE COVER SHEET ORTGINAL 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) ton damages, (2) punitive damages, recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of (3) attachment. The case as a rule 3.740 collections case on this form means that it will be exempt from the general identification of a 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. ln complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the < u- 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 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 by 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. m Auto Tort Contract CASE TYPES AND EXAMPLES Provisionally Complex Civil Litigation (Cal. Auto (22)—-Persona| Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) DamageNVrongful Death Breach of RentaI/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (ifthe 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 ofAuto) Negligent Breach of Contractl Insurance Coverage Claims Other PIIPDNVD (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 (O4) 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 (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Cer‘tification of Entry of 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 Case Premises Liability (e.g., slip Eminent Domain/lnverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PDNVD Wrongful Eviction (33) Other Complaint (not specified (e.g., assault, vandalism) above) (42) Other Real Property (e.g., quiet title) (26) Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Injunctive Relief Only (non- Mortgage Foreclosure Negligent Infliction of harassment) Quiet Title Emotional Distress Other Real Property (not eminent Mechanics Lien Other PIIPDNVD 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 (non-tort/non-comp/ex) Practice (O7) Commercial (31) Civil Rights (e.g., discrimination, Miscellaneous Civil Petition Residential (32) false arrest) (not civil Partnership and Corporate Drugs (38) (if the case involves illegal harassment) (08) Governance (21) drugs, check this item; otherwise, Defamation (e.g., slander, Other Petition (not specified libel) report as Commercial or Residential) (13) above) (43) Judicial Review Civil Harassment Fraud (16) Asset Forfeiture (05) Intellectual Property (19) Workplace Violence Petition Re: Arbitration Award (11) Professional Negligence (25) Elder/Dependent Adult Writ of Mandate (02) Legal Malpractice Abuse Writ—Administrative Mandamus Election Contest Other Professional Malpractice Writ—Mandamus on Limited Court (not medical or legal) Petition for Name Change Case Matter Other Non-Pl/PDNVD Tort (35) Petition for Relief From Late Writ—Other Limited Court Case Employment Claim Review Other Civil Petition Wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order Notice of AppeaI—Labor Commissioner Appeals CM-010 [Rev. July 1, 2007] Page 2 of 2 CIVIL CASE COVER SHEET