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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT
USE ONLY
Darin K. Spiegel, Esquire (SBN 262160)
ROBERTS & SPIEGEL LLP
412 Marsh Street
San Luis Obispo, CA 93401
TELEPHONE NO.: (805) 542-9900 FAXNO. (805) 542-9949
emai aopress: darin@randsinjurylaw.com
ATTORNEY
FOR (Name): Plaintiff, Lydia Machuca
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Barbara
STREET ADDRESS: 312-C East Cook Street
MAILING ADDRESS:
CITY AND ZIP CODE: Santa Maria, CA 93454
BRANCH NAME: Cook Division
CASE NAME: Lydia Machuca v. Santa Maria Commerce Center
CA, LLC et al.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
KK) Unlimited Limited
(Amount (Amount EE) Counter (J Joinder
demanded demanded is Filed with first appearance by defendant JUDGE:
exceeds $35,000) $35,000 or less) {Cal. Rules of Court, rule 3.402) OEPT.:
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 Provisionaliy Complex Civil Litigation
dq Auto (22)
Uninsured motorist (46)
Other PPDIWD (Personal Injury/Property
Breach of contract/warranty (06)
Rule 3.740 collections (09)
Other collections (09)
(Cal. Rules of Court, rules 3.400-3.403)
Antitrust/Trade regulation (03)
Construction defect (10)
Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40)
Asbestos (04) Other contract (37) Securities litigation (28)
Product liability (24) Real Property Environmental/Toxic tort (30)
Medical maipractice (45) Eminent domain/inverse Insurance coverage claims arising from the
Other PUPD/WD (23) condemnation (14) above listed provisionally complex case
Wrongful eviction (33) types (41)
Non-PVPDWD (Other} Tort
Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment
Enforcement of judgment (20)
4
Civil rights (08) ul lawful Detainer
Defamation (13) Commercial (31) Miscellaneous Civil Complaint
Fraud (16) Residential (32) RICO (27)
Intellectual property (19) Drugs (38) Other complaint (not specified above) (42)
Professional negligence (25)
Judicial Review Miscellaneous Civil Petition
q
Other non-PI/PDIWD tort (35)
Asset forfeiture (05) Partnership and corporate governance (21)
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)
2. Thiscase [L] is GK) isnot complex under rule 3.400 of the California Rules of Court. if the case is complex, mark the
factors requiring exceptional judicial management:
a
$4
Large numberof separately represented parties Large number of witnesses
b. Extensive motion practice raising difficult or novel 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. [2] Substantial amount of documentary evidence court
Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. XJ monetary b. nonmonetary; declaratory or injunctive relief c. (_]) punitive
4. Number of causes of action ecify): One: Premises Liability
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 may form CM-015,)
Date: January 29, 2024
Darin
K, Spiegel Esq
(TYPE OR PRINT NAME) » oe
SpEFORE OF PRATY OR ATTOBNEYFOR 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
Fe
040 (Rev. domusty 12024)
mor Essential
fal
CIVIL CASE COVER SHEET Cal. Rules of Cour
LLORES
Cal. Stand:
Machuca, Lydia
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers.
f
complete and file, along with your first pi a er, th 2a
are fil a first paper (for example, a com, laint) in a civil case, you must
statistics about the
one box for the case
Case Cover Sheet contained
es and numbers of cases filed. You must complete items 1 thr
1
on rough8
is information will be used to compile
the sheet. In item 1, you must check
e that best describes the case. If the case fits both a general anda more specific type of caSe listed in item 1,
check the more speci one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completi ing the sheet, examples of the cases that belong under each ca: se 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 pa per filed in a civil case may subject a party,
its counsel, or both to sancti ions under rules 2.30 and 3.220 of the California Rules of Cou rt.
To Parties in Rule 3.740 Collections Cases. A "collections case” under rul le 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 inte: rest and attorney's fees, arising from a transaction
Property, services, or money was acquired on credit. A collections case doe: 'S Not include an action seeking in which
the following: (1) tort
damages,
attachment Crh
unitive dama: ges, (3) recovery of real property, (4) recovery of Personal property, or (: 5) a prejudgment
ie identification of a case as 4 rule 3.740 collections case on l writ of
is form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendat int files a responsive
case will be subject pleading. A rule 3.740 collections
to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases S onl ly, 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 Califomia Rules of Court, this must be indicated b
fi
completing the appropriate boxes in items 1 an id 2. Ifa laintiff designates a case as complex, the cover sheet must be served
complaint on all parties to the action. A defendant may le and serve no later than the time of its first with the
appearance a joinder in the
fhe case
laintiffs designation, a counter-designation that the case i: is not complex, or, if the plaintiff has made no designation, a designation that
is complex.
CASE TYPES AND EXAMPLES
Auto Tort Contract
Auto (22)-Personai Injury/Property Breach of ContraclWarrnty (06) Provisionally Complex Civil Litigation (Cal.
Damage/Wrongful Death Breach of Rental/Lease Rules of Court Rules 3.400-3.403)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Antitrust/Trade Regulation (03)
case involves an uninsured or wrongful evict Construction Defect (10)
motorist claim subject to ContractWarranty Breach—Seller Claims Involving Mass Tort (40)
arbitration, check this item Plaintiff (not fraud or negligence) Securities Litigation (28)
instead of Auto) Negligent Breach of Contract/ Environmental/Toxic Tort (30)
Warrant Insurance Coverage Claims
Other PUPDIWD (Personal Injury! Other Breach of Contract/Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Tort Collections (e.g., money owed, open case type listed above) (41)
Asbestos (04) ‘book accol ts) (09) Enforcement of Judgment
Asbestos Property Damage Collection Case-Seller Plaintiff Enforcementof Judgment (20)
Asbestos Personal Injury/
Wrot | Death
Other Promissory Note/Collections Case Abstract of Judgment (Out of County)
Insurance Coverage (not provisionally Confession of Judgment (non-domestic
Product Liability (not asbestos or complex) (18) relations)
toxic/environmental) (24) Auto Subrogation Sister State Judgment
Medical Malpractice (45) Other Coverage Administrative Agency Award
Medical Malpractice— Other Contract (37) (not unpaid taxes)
Physicians & Surgeons Contractual Fraud Petition/Certification of Entry of
Other Professional Health Care Other Contract Dispute Judgment on Unpaid Taxes
Mall ice
Real Property Other Enforcement of Judgment Case
Other PYPDWD (23) Eminent Domain/Inverse
Premises Liability (6.9... slip Condemnation (14)
Mise laneous Civil Compiaint
RICO (27)
and fail Wrongful Eviction (33)
Intentional Bodily injury/PD/WD- Other Real Property (e.g. quiet title) (26)
Other Complaint (not specified above) (42)
Declaratory Relief Only
(e.g., assault, vandalism)
Intentional Infiiction of
Writ of Possession of Real Property Injunctive Relief Only (non-
Emotional Distress Mortgage Foreclosure harassment)
Quiet Title
Negligent infliction of Other Real Property (not eminent
Mechanics Lien
Emotional Distress Other Commercial Complaint
Other PUPD/WD domain, landiord/tenant, or Case (non-tort/non-complex)
Non-PUPD/WD (Other) Tort
foreclosure, Other Civil Complaint
Unlawful Detainer {non-tort/inon-complex)
Business Tort/Unfair Business
Practice (07) Commercial (31) Miscellaneous Civil Petition
Residential (32)
Civil Rights (e.g., discrimination, Drugs (38) (if the case involves illegal
Partnership and Corporate
false arrest) (not civil Govemance (21
harassment) , check this item; otherwise, Other Petition (not specified above) (43)
(08)
Defamation (e.g. slander, libel) (13) report as Commercial or Residential) Civil Harassment
Fraud (16) Judicial Review Workplace Violence
Intellectual Property (19) Asset Forfeiture (05; Elder/Dependent Adult Abuse
Professional Negligence (25) Petition Re: Arbitration Award (11) Election Contest
Petition for Name Change
Legal Malpractice Writ of Mandate (02,
Writ-Administrative Mandamus. Petition for Relief from Late Claim
Other Professional Malpractice Other Civil Petition
(not medical or legal) Writ-Mandamus on Limited Court
Case Matter
Other Non-PI/PO/WD Tort (35)
Writ-Other Limited Court Case Review
Employment Other Judicial Review (39)
Wrongfut Termination (36) Review of Health Officer Order
Other Employment (15) Notice of Appeal-Labor Commissioner
Appeals:
CM-010 (Rev. January 1, 2024] Page 2of2
@ECEB’ CIVIL CASE COVER SHEET
ceb.com i Somme Machuca, Lydia
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CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Darin K. Spiegel, Esquire (SBN 262160) ROBERTS & SPIEGEL LLP 412 Marsh Street San Luis Obispo, CA 93401 TELEPHONE NO.: (805) 542-9900 FAXNO. (805) 542-9949 emai aopress: darin@randsinjurylaw.com ATTORNEY FOR (Name): Plaintiff, Lydia Machuca SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Barbara STREET ADDRESS: 312-C East Cook Street MAILING ADDRESS: CITY AND ZIP CODE: Santa Maria, CA 93454 BRANCH NAME: Cook Division CASE NAME: Lydia Machuca v. Santa Maria Commerce Center CA, LLC et al. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: KK) Unlimited Limited (Amount (Amount EE) Counter (J Joinder demanded demanded is Filed with first appearance by defendant JUDGE: exceeds $35,000) $35,000 or less) {Cal. Rules of Court, rule 3.402) OEPT.: 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 Provisionaliy Complex Civil Litigation dq Auto (22) Uninsured motorist (46) Other PPDIWD (Personal Injury/Property Breach of contract/warranty (06) Rule 3.740 collections (09) Other collections (09) (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (10) Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) Asbestos (04) Other contract (37) Securities litigation (28) Product liability (24) Real Property Environmental/Toxic tort (30) Medical maipractice (45) Eminent domain/inverse Insurance coverage claims arising from the Other PUPD/WD (23) condemnation (14) above listed provisionally complex case Wrongful eviction (33) types (41) Non-PVPDWD (Other} Tort Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment Enforcement of judgment (20) 4 Civil rights (08) ul lawful Detainer Defamation (13) Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) RICO (27) Intellectual property (19) Drugs (38) Other complaint (not specified above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition q Other non-PI/PDIWD tort (35) Asset forfeiture (05) Partnership and corporate governance (21) 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) 2. Thiscase [L] is GK) isnot complex under rule 3.400 of the California Rules of Court. if the case is complex, mark the factors requiring exceptional judicial management: a $4 Large numberof separately represented parties Large number of witnesses b. Extensive motion practice raising difficult or novel 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. [2] Substantial amount of documentary evidence court Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. XJ monetary b. nonmonetary; declaratory or injunctive relief c. (_]) punitive 4. Number of causes of action ecify): One: Premises Liability 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 may form CM-015,) Date: January 29, 2024 Darin K, Spiegel Esq (TYPE OR PRINT NAME) » oe SpEFORE OF PRATY OR ATTOBNEYFOR 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 Fe 040 (Rev. domusty 12024) mor Essential fal CIVIL CASE COVER SHEET Cal. Rules of Cour LLORES Cal. Stand: Machuca, Lydia CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. f complete and file, along with your first pi a er, th 2a are fil a first paper (for example, a com, laint) in a civil case, you must statistics about the one box for the case Case Cover Sheet contained es and numbers of cases filed. You must complete items 1 thr 1 on rough8 is information will be used to compile the sheet. In item 1, you must check e that best describes the case. If the case fits both a general anda more specific type of caSe listed in item 1, check the more speci one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completi ing the sheet, examples of the cases that belong under each ca: se 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 pa per filed in a civil case may subject a party, its counsel, or both to sancti ions under rules 2.30 and 3.220 of the California Rules of Cou rt. To Parties in Rule 3.740 Collections Cases. A "collections case” under rul le 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 inte: rest and attorney's fees, arising from a transaction Property, services, or money was acquired on credit. A collections case doe: 'S Not include an action seeking in which the following: (1) tort damages, attachment Crh unitive dama: ges, (3) recovery of real property, (4) recovery of Personal property, or (: 5) a prejudgment ie identification of a case as 4 rule 3.740 collections case on l writ of is form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendat int files a responsive case will be subject pleading. A rule 3.740 collections to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases S onl ly, 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 Califomia Rules of Court, this must be indicated b fi completing the appropriate boxes in items 1 an id 2. Ifa laintiff designates a case as complex, the cover sheet must be served complaint on all parties to the action. A defendant may le and serve no later than the time of its first with the appearance a joinder in the fhe case laintiffs designation, a counter-designation that the case i: is not complex, or, if the plaintiff has made no designation, a designation that is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Auto (22)-Personai Injury/Property Breach of ContraclWarrnty (06) Provisionally Complex Civil Litigation (Cal. Damage/Wrongful Death Breach of Rental/Lease Rules of Court Rules 3.400-3.403) Uninsured Motorist (46) (if the Contract (not unlawful detainer Antitrust/Trade Regulation (03) case involves an uninsured or wrongful evict Construction Defect (10) motorist claim subject to ContractWarranty Breach—Seller Claims Involving Mass Tort (40) arbitration, check this item Plaintiff (not fraud or negligence) Securities Litigation (28) instead of Auto) Negligent Breach of Contract/ Environmental/Toxic Tort (30) Warrant Insurance Coverage Claims Other PUPDIWD (Personal Injury! Other Breach of Contract/Warranty (arising from provisionally complex Property Damage/Wrongful Death) Tort Collections (e.g., money owed, open case type listed above) (41) Asbestos (04) ‘book accol ts) (09) Enforcement of Judgment Asbestos Property Damage Collection Case-Seller Plaintiff Enforcementof Judgment (20) Asbestos Personal Injury/ Wrot | Death Other Promissory Note/Collections Case Abstract of Judgment (Out of County) Insurance Coverage (not provisionally Confession of Judgment (non-domestic Product Liability (not asbestos or complex) (18) relations) toxic/environmental) (24) Auto Subrogation Sister State Judgment Medical Malpractice (45) Other Coverage Administrative Agency Award Medical Malpractice— Other Contract (37) (not unpaid taxes) Physicians & Surgeons Contractual Fraud Petition/Certification of Entry of Other Professional Health Care Other Contract Dispute Judgment on Unpaid Taxes Mall ice Real Property Other Enforcement of Judgment Case Other PYPDWD (23) Eminent Domain/Inverse Premises Liability (6.9... slip Condemnation (14) Mise laneous Civil Compiaint RICO (27) and fail Wrongful Eviction (33) Intentional Bodily injury/PD/WD- Other Real Property (e.g. quiet title) (26) Other Complaint (not specified above) (42) Declaratory Relief Only (e.g., assault, vandalism) Intentional Infiiction of Writ of Possession of Real Property Injunctive Relief Only (non- Emotional Distress Mortgage Foreclosure harassment) Quiet Title Negligent infliction of Other Real Property (not eminent Mechanics Lien Emotional Distress Other Commercial Complaint Other PUPD/WD domain, landiord/tenant, or Case (non-tort/non-complex) Non-PUPD/WD (Other) Tort foreclosure, Other Civil Complaint Unlawful Detainer {non-tort/inon-complex) Business Tort/Unfair Business Practice (07) Commercial (31) Miscellaneous Civil Petition Residential (32) Civil Rights (e.g., discrimination, Drugs (38) (if the case involves illegal Partnership and Corporate false arrest) (not civil Govemance (21 harassment) , check this item; otherwise, Other Petition (not specified above) (43) (08) Defamation (e.g. slander, libel) (13) report as Commercial or Residential) Civil Harassment Fraud (16) Judicial Review Workplace Violence Intellectual Property (19) Asset Forfeiture (05; Elder/Dependent Adult Abuse Professional Negligence (25) Petition Re: Arbitration Award (11) Election Contest Petition for Name Change Legal Malpractice Writ of Mandate (02, Writ-Administrative Mandamus. Petition for Relief from Late Claim Other Professional Malpractice Other Civil Petition (not medical or legal) Writ-Mandamus on Limited Court Case Matter Other Non-PI/PO/WD Tort (35) Writ-Other Limited Court Case Review Employment Other Judicial Review (39) Wrongfut Termination (36) Review of Health Officer Order Other Employment (15) Notice of Appeal-Labor Commissioner Appeals: CM-010 (Rev. January 1, 2024] Page 2of2 @ECEB’ CIVIL CASE COVER SHEET ceb.com i Somme Machuca, Lydia