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CM-010
*TP131777*
ATTORNEY OR PARTY WITHOUT ATTORNEY: (Name and Address) FOR COURT USE ONLY
BRYANT BURNSTAD, SBN 297286
RESURGENCE LEGAL GROUP, PC
10805 Holder Street, Suite 167 Electronically Filed
Cypress, CA 90630
(T) 877/440-0860 (F) 714/226-0024 2/13/2024 9:29 AM
EMAIL: CAAttorney@ResurgenceLegal.com Superior Court of California
Attorney for Plaintiff County of Stanislaus
File TP131777
Clerk of the Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS By: Raquel Enriquez, Deputy
CITY TOWERS BUILDING
MODESTO CENTRAL JUDICIAL DISTRICT
801 10TH STREET, 4TH FLOOR
MODESTO, CA 95354
CASE NAME:
ACCELERATED PORTFOLIO INC v. MICHAEL PARREIRA
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: CV-24-001133
9 Unlimited : Limited 9 Counter 9 Joinder
(Amount (Amount Filed with first appearance by defendant JUDGE:
demanded demanded is (Cal. Rules of Court, rule 3.402)
exceeds $35,000.00) $35,000.00 or DEPT:
less)
Items 1 - 6 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
9 Auto (22) 9 Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
9 Uninsured motorist (46) : Rule 3.740 collections (09) 9 Antitrust / Trade regulation (03)
Other PI/PD/WD (Personal Injury, Property 9 Collections (09) 9 Construction defect (10)
Damage/Wrongful Death) Tort 9 Insurance coverage (18) 9 Mass tort (40)
9 Asbestos (04) 9 Other contract (37) 9 Securities litigation (28)
9 Product Liability (24) Real Property 9 Environmental / Toxic tort (30)
9 Medical Malpractice (45) 9 Eminent domain / Inverse condemnation (14) 9 Insurance coverage claims arising from
9 Other PI/PD/WD (23) 9 Wrongful eviction (33) the
Non-PI/PD/WD (Other) Tort 9 Other real property (26) above-listed provisionally complex case
9 Business tort/unfair business practice (07) Unlawful Detainer types (41)
9 Civil Rights (08) 9 Commercial (31) Enforcement of Judgment
9 Defamation (13) 9 Residential (32) 9 Enforcement of Judgment (20)
9 Fraud (16) 9 Drugs (38) Miscellaneous Civil Complaint
9 Intellectual property (19) Judicial Review 9 RICO (27)
9 Professional negligence (25) 9 Asset Forfeiture (05) 9 Other complaint (not specified above) (42)
9 Other non-PI/PD/WD tort (35) 9 Petition re: arbitration award (11) Miscellaneous Civil Petition
Employment 9 Writ of mandate (02) 9 Partnership and corporate governance (21)
9 Wrongful termination (36) 9 Other judicial review (39) 9 Other petition (not specified above) (43)
9 Other employment (15)
2. This case 9 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. 9 Large number of separately represented parties. d. 9 Large number of witnesses.
b. 9 Extensive motion practice raising difficult or novel e. 9 Coordination with related actions pending in one or
issues that will be time-consuming to resolve in other counties, states or countries, or in a federal court
c. 9 Substantial amount of documentary evidence f. 9 Substantial post-judgment judicial supervision
3. Remedies sought (check all that apply): a. : monetary b. 9 non-monetary; declaratory or injunctive relief c. 9 punitive
4. Number of causes of action (specify): 3
5. This case 9 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 use form CM-015).
DATE: January 31, 2024
: BRYANT BURNSTAD, SBN 297286 <
(SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
NOTICE
• Plaintiff must file this cover sheet with the first paper filed in the action proceeding (except small claims cases filed under the
Probate, Family or Welfare and Institutions Code). (Cal. Rule 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 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, rules2.30, 3.220, 3.400-3.403, 3.740
Judicial Council of California Cal. Standards of Judicial Administration, std 3.10
CM-010 [Rev. January 1, 2024] www.courtinfo.ca.gov
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing 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 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 $35,000, 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 the 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 that 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
Auto (22) - Personal Injury/Property Breach of Contract/Warranty (06) (Cal. Rules of Court Rules 1800 - 1812)
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/Warranty Insurance Coverage Claims
Other Breach of Warranty (arising from provisionally
Other PI/PD/WD (Personal Injury/ Collections (e.g., money owed, open complex case type listed above)
Property Damage/Wrongful Death) book accounts) (09) (41)
Tort Collection Case - Plaintiff Seller
Asbestos (04) Other Promissory Note/Collections Enforcement of Judgment
Asbestos Property Damage Case Enforcement of Judgment (20)
Asbestos Personal Injury/ Insurance Coverage (not provisionally Abstract of Judgment (Out of
Wrongful Death complex) (18) County)
Product Liability (not asbestos or Auto Subrogation Confession of Judgment (non-
toxic/environmental) (24) Other Coverage domestic relations)
Medical Malpractice (45) Other Contract (37) Sister State Judgment
Medical Malpractice - Contractual Fraud Administrative Agency Award
Physicians & Surgeons Other Contract Dispute (not unpaid taxes)
Other Professional Health Care Petition/Certification of Entry of
Malpractice Real Property Judgment on Unpaid Taxes
Other PI/PD/PW (23) Eminent Domain /Inverse Other Enforcement of Judgment
Premises Liability (e.g., slip Condemnation (14) Case
and fall) Wrongful Eviction (33)
Intentional Bodily Injury/PD/WD Other Real Property (e.g., quiet title) (26) Miscellaneous Civil Complaint
(e.g., assault, vandalism) Writ of Possession of Real Property RICO (27)
Intentional Infliction of Mortgage Foreclosure Other Complaint (not specified
Emotional Distress Quiet Title above) (42)
Negligent Infliction of Other Real Property (not eminent Declaratory Relief Only
Emotional Distress domain, landlord/tenant or Injunctive Relief Only (non-
Other PI/PD/WD foreclosure) harassment)
Mechanic's Lien
Non-PI/PD/WD (Other) Tort Unlawful Detainer Other Commercial Complaint
Business Tort/Unfair Business Commercial (31) Case (non-tort/non-complex)
Practice (07) Residential (32) Other Civil Complaint
Civil Rights (e.g., discrimination, Drugs (38) (if the case involves illegal (non-tort/non-complex)
false arrest) (not civil drugs, check this item; otherwise,
harassment) (08) report as Commercial or Miscellaneous Civil Petition
Defamation (e.g., slander, libel) Residential) Partnership and Corporate
(13) Governance (21)
Fraud (16) Judicial Review Other Petition (not specified above)
Intellectual Property (19) Asset Forfeiture (05) (43)
Professional Negligence (25) Petition Re: Arbitration Award (11) Civil Harassment
Legal Malpractice Writ of Mandate (02) Workplace Violence
Other Professional Malpractice Writ - Administrative Mandamus Elder/Dependent Adult
(not medical or legal) Writ - Mandamus of Limited Court Abuse
Other Non-PI/PD/WD Tort (35) Case Matter Election Contest
Writ - Other Limited Court Case Petition for Name Change
Employment Review Petition for Relief from Late
Wrongful Termination (36) Other Judicial Review (39) Claim
Other Employment (15) Review of Health Officer Order Other Civil Petition
Notice of Appeal - Labor
Commissioner Appeals
CM-010 [Rev. January 1, 2024] CIVIL CASE COVER SHEET Page 2 of 2
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CM-010 *TP131777* ATTORNEY OR PARTY WITHOUT ATTORNEY: (Name and Address) FOR COURT USE ONLY BRYANT BURNSTAD, SBN 297286 RESURGENCE LEGAL GROUP, PC 10805 Holder Street, Suite 167 Electronically Filed Cypress, CA 90630 (T) 877/440-0860 (F) 714/226-0024 2/13/2024 9:29 AM EMAIL: CAAttorney@ResurgenceLegal.com Superior Court of California Attorney for Plaintiff County of Stanislaus File TP131777 Clerk of the Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS By: Raquel Enriquez, Deputy CITY TOWERS BUILDING MODESTO CENTRAL JUDICIAL DISTRICT 801 10TH STREET, 4TH FLOOR MODESTO, CA 95354 CASE NAME: ACCELERATED PORTFOLIO INC v. MICHAEL PARREIRA CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: CV-24-001133 9 Unlimited : Limited 9 Counter 9 Joinder (Amount (Amount Filed with first appearance by defendant JUDGE: demanded demanded is (Cal. Rules of Court, rule 3.402) exceeds $35,000.00) $35,000.00 or DEPT: less) Items 1 - 6 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 9 Auto (22) 9 Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) 9 Uninsured motorist (46) : Rule 3.740 collections (09) 9 Antitrust / Trade regulation (03) Other PI/PD/WD (Personal Injury, Property 9 Collections (09) 9 Construction defect (10) Damage/Wrongful Death) Tort 9 Insurance coverage (18) 9 Mass tort (40) 9 Asbestos (04) 9 Other contract (37) 9 Securities litigation (28) 9 Product Liability (24) Real Property 9 Environmental / Toxic tort (30) 9 Medical Malpractice (45) 9 Eminent domain / Inverse condemnation (14) 9 Insurance coverage claims arising from 9 Other PI/PD/WD (23) 9 Wrongful eviction (33) the Non-PI/PD/WD (Other) Tort 9 Other real property (26) above-listed provisionally complex case 9 Business tort/unfair business practice (07) Unlawful Detainer types (41) 9 Civil Rights (08) 9 Commercial (31) Enforcement of Judgment 9 Defamation (13) 9 Residential (32) 9 Enforcement of Judgment (20) 9 Fraud (16) 9 Drugs (38) Miscellaneous Civil Complaint 9 Intellectual property (19) Judicial Review 9 RICO (27) 9 Professional negligence (25) 9 Asset Forfeiture (05) 9 Other complaint (not specified above) (42) 9 Other non-PI/PD/WD tort (35) 9 Petition re: arbitration award (11) Miscellaneous Civil Petition Employment 9 Writ of mandate (02) 9 Partnership and corporate governance (21) 9 Wrongful termination (36) 9 Other judicial review (39) 9 Other petition (not specified above) (43) 9 Other employment (15) 2. This case 9 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. 9 Large number of separately represented parties. d. 9 Large number of witnesses. b. 9 Extensive motion practice raising difficult or novel e. 9 Coordination with related actions pending in one or issues that will be time-consuming to resolve in other counties, states or countries, or in a federal court c. 9 Substantial amount of documentary evidence f. 9 Substantial post-judgment judicial supervision 3. Remedies sought (check all that apply): a. : monetary b. 9 non-monetary; declaratory or injunctive relief c. 9 punitive 4. Number of causes of action (specify): 3 5. This case 9 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 use form CM-015). DATE: January 31, 2024 : BRYANT BURNSTAD, SBN 297286 < (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) NOTICE • Plaintiff must file this cover sheet with the first paper filed in the action proceeding (except small claims cases filed under the Probate, Family or Welfare and Institutions Code). (Cal. Rule 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 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, rules2.30, 3.220, 3.400-3.403, 3.740 Judicial Council of California Cal. Standards of Judicial Administration, std 3.10 CM-010 [Rev. January 1, 2024] www.courtinfo.ca.gov INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing 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 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 $35,000, 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 the 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 that 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 Auto (22) - Personal Injury/Property Breach of Contract/Warranty (06) (Cal. Rules of Court Rules 1800 - 1812) 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/Warranty Insurance Coverage Claims Other Breach of Warranty (arising from provisionally Other PI/PD/WD (Personal Injury/ Collections (e.g., money owed, open complex case type listed above) Property Damage/Wrongful Death) book accounts) (09) (41) Tort Collection Case - Plaintiff Seller Asbestos (04) Other Promissory Note/Collections Enforcement of Judgment Asbestos Property Damage Case Enforcement of Judgment (20) Asbestos Personal Injury/ Insurance Coverage (not provisionally Abstract of Judgment (Out of Wrongful Death complex) (18) County) Product Liability (not asbestos or Auto Subrogation Confession of Judgment (non- toxic/environmental) (24) Other Coverage domestic relations) Medical Malpractice (45) Other Contract (37) Sister State Judgment Medical Malpractice - Contractual Fraud Administrative Agency Award Physicians & Surgeons Other Contract Dispute (not unpaid taxes) Other Professional Health Care Petition/Certification of Entry of Malpractice Real Property Judgment on Unpaid Taxes Other PI/PD/PW (23) Eminent Domain /Inverse Other Enforcement of Judgment Premises Liability (e.g., slip Condemnation (14) Case and fall) Wrongful Eviction (33) Intentional Bodily Injury/PD/WD Other Real Property (e.g., quiet title) (26) Miscellaneous Civil Complaint (e.g., assault, vandalism) Writ of Possession of Real Property RICO (27) Intentional Infliction of Mortgage Foreclosure Other Complaint (not specified Emotional Distress Quiet Title above) (42) Negligent Infliction of Other Real Property (not eminent Declaratory Relief Only Emotional Distress domain, landlord/tenant or Injunctive Relief Only (non- Other PI/PD/WD foreclosure) harassment) Mechanic's Lien Non-PI/PD/WD (Other) Tort Unlawful Detainer Other Commercial Complaint Business Tort/Unfair Business Commercial (31) Case (non-tort/non-complex) Practice (07) Residential (32) Other Civil Complaint Civil Rights (e.g., discrimination, Drugs (38) (if the case involves illegal (non-tort/non-complex) false arrest) (not civil drugs, check this item; otherwise, harassment) (08) report as Commercial or Miscellaneous Civil Petition Defamation (e.g., slander, libel) Residential) Partnership and Corporate (13) Governance (21) Fraud (16) Judicial Review Other Petition (not specified above) Intellectual Property (19) Asset Forfeiture (05) (43) Professional Negligence (25) Petition Re: Arbitration Award (11) Civil Harassment Legal Malpractice Writ of Mandate (02) Workplace Violence Other Professional Malpractice Writ - Administrative Mandamus Elder/Dependent Adult (not medical or legal) Writ - Mandamus of Limited Court Abuse Other Non-PI/PD/WD Tort (35) Case Matter Election Contest Writ - Other Limited Court Case Petition for Name Change Employment Review Petition for Relief from Late Wrongful Termination (36) Other Judicial Review (39) Claim Other Employment (15) Review of Health Officer Order Other Civil Petition Notice of Appeal - Labor Commissioner Appeals CM-010 [Rev. January 1, 2024] CIVIL CASE COVER SHEET Page 2 of 2