Preview
CM-010
ATTORNEY OR PARTY IMTHOUT ATTORNEY (A(erne, Stets Sar names, and address).
FOR COURT USE ONLY
W. Russell Fields, Esq. SBbh 166058
Law Offices of W. Russell Fields
2630 1 Street, Sacramento, CA 95816 Electronically Filed
TELEPHONE Non (916) 646-6100 FAxno.: (916) 646 8769 2/13/2024 11:19 AM
EMAILADDREss russ@russftejdslaw.corn Superior Court of California
ATTORNEY FOR (Name) LiSandrO PereZ and Martha GarCia County of Stanislaus
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS Clerk of the Court
STREET AooREsa 801 10th Street, 4th Floor By: Crystal Lam, Deputy
MAiuNG AooREss 801 10th Street, 4th Floor
clTY AND zIP coDE: Modesto, 95354
ERANOH NAME City Towers Courthouse (Civil)
CASE NAME: PEREZ/GARCIA v. RUVALCABA, ct aL
~ CIVIL CASE COVER SHEET
Unlimited
(Amount
Limited
(Amount
~ ~ Counter ~
Complex Case Designation
Filed with tirst appearance by defendant JUDGE:
Joinder
CV-24-001213
demanded demanded is
(Cal. Rules of Court, rule 3.402) oepr
ppp) $ 35 ppp ) I
Items 1-6 below must be corno/eted (see instructions on Dace 2).
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
~ Auto (22)
Uninsured motorist (46) ~
~
Breach of contract/warranty (06)
Rule 3.740 collections (09) ~
(Cal. Rules of Court, rules 3.460-3.403)
Antitrust/Trade regulation (03)
Other pl/pD/WD (personal Injury/property
~
Damage/Wrongful Death) Tort
Asbestos (04)
~
Other collections (09)
Insurance coverage (18)
Other contract (37)
~
~
Construction defect (10)
Masstort(40)
Securities litigation (28)
Product liability (24) Environmental/Toxic tort (30)
~ Medical malpractice (45)
~
Real Property
Eminent domain/Inverse
Insurance coverage claims arising from the
above listed provisionally complex case
Other Pl/PD/WD (23)
Non-Pl/PD/WD (Other) Tort ~
~
condemnation (14)
Wrongful eviction (33)
types (41 )
Enforcement of Judgment
~ Business tort/unfair business practice (07)
Civil rights (08)
~
Other real property (26)
Unlawful Detainer
Enforcement of judgment (20)
Miscellaneous Civil Complaint
~
~
Defamation (13)
Fraud (16)
Intellectual property (19)
~
~
Commercial
Residential
(31)
(32)
Drugs(38)
RICO (27)
Other complaint (not specined above) (42)
Miscellaneous Civil Petition
~ Professional negligence (25)
Other non-PI/PD/WD tort (35) ~
~
Judicial Review
Asset forfeiture (05)
~ Partnership and corporate governance (21)
~
Employment
~ Wrongful termination (36) ~
~
petition re: arbitration award (11)
Writ of mandate (02)
Other judimal review (39)
Other petition (notspecirfsd above) (43)
2. This case ~
Other employment (15)
is ~X is not complex under rule 3.400 ofthe California Rules ofCourt. Ifthe case is complex, markthe
~
a.
b.
~
factors requiring exceptional judicial management:
~ Large number of separately represented parties
Extensive motion practice raising difficult or novel
d
e. ~
Large number of witnesses
Coordination with related actions pending in one or more
courts in other counties, states, or countries, or in a federal
c. ~ issues that will be time-consuming to resolve
Substantial amount of documentary evidence
3. Remedies sought (check 8//t/Iat app/y)(a. ~
monetary b.
I
court
~~
Substantial postjudgment judimai supervision
nonmonetary; declaratory or injunctive relief c. punitive ~
5. This case ~
4 Number of causes of action (specify): I
is ~X is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (you yus form C -0/5)
Date: 2/13/24
W. Russell Fields, Esq.
(TYPE OR PRINT NAME) (SIGNATURE 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.
, lf 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 I of 2
Cal. Rules of Court, rules 2 30, 3.220, 3 400-3.403, 3 T40,
Form Adopted for Mandatory Use
CIVIL CASE COVER SHEET 0 I.Standards fJ deal Ad im tton std.310
I
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 3A00 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 3.406-3.403)
Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (I/ihe Contract (no/ unlawful detainer Construction Defect (10)
case involves an uninsured cr 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 neg//genes) Environmental/Toxic Tort (30)
/nslead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other Pl/PD/WD (Personal Injury/ Warranty (aris/ng from provisionally complex
Property Damage/Wrongful Death) Tort Other Breach of Contract/Warranty case type listed above) (41)
Asbestos (04) Collections (e.gu money owed, open Enforcement of Judgment
Asbestos Property Damage book accounts) (09) Enforcement of Judgment (20)
Asbestos Personal Injury/ Collection Case-Seller Plaintiff Abstract of Judgment (Out of County)
Other Promissory Note/Collections Case Confession of Judgment (non-domes//c
Product Liability (nor asbestos or Insurance Coverage /ncr prov/s/cne//y relations)
tox/c/env/rcnmenta/) (24) comp/ex) (18) Sister State Judgment
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Medical Malpractice- Other Coverage (no/ 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 Case
Other Pl/P 0/WD (23) Real Property Miscellaneous Civil Complaint
Premises Liability (e.g., slip Eminent Domain/Inverse RICO (27)
and fall) Condemnation (14) Other Complaint (no/spec/bed above) (42)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Declaratory Relief Only
Other Real Property (e.gu quiet title) (26) Injunctive Relief Only (non-
Writ of Possession of Real Property harassment)
Emotional Distress Mortgage Foreclosure Mechanics Lien
Quiet Title Other Commercial Complaint
Negligent Infliction of
Emotional Distress Other Real Property (not eminent Case (non-toriynon-complex)
Other Pl/PD/WD domain, /anrircrd//enent, or Other Civil Complaint
Non-Pl/PD/WD (Other) Tort foreclosure) (non-/or/)non-complex)
Business Tort/Unfair Business Unlawful Detainer Miscellaneous Civil Petition
Practice (07) Commercial (31) Partnership and Corporate
Civil Rights (e.g., discrimination,
Residential (32) Governance (21)
Drugs (38) ()/the case involvesillegal Other Petition (nor spec/ried above) (43)
drugs, check this item; otherwise, Civil Harassment
Defamation (e.g., slander, libel) (13) report as Commerc/a/ or Res/dent/a/) Workplace Violence
Judicial Review Elder/Dependent Adult Abuse
Intellectual Property (19) Asset Forfeiture (05) Election Contest
Petition Re: Arbitration Award (11) Petition for Name Change
Wnt of Mandate (02) Petition for Relief From Late Claim
Other Professional Malpractice Writ-Administrative Mandamus Other Civil Petition
Writ— Mandamus on Limited Court
Other Non-Pl/PD/WD Tort (35)
Writ-Other Limited Court Case Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-Labor Commissioner
ennea la
Page 2 af 2
CM.C10 laau. January 1, 2C2ai CIVIL CASE COVER SHEET
Weg(ew ))x & Form Bsildep
Preview
CM-010 ATTORNEY OR PARTY IMTHOUT ATTORNEY (A(erne, Stets Sar names, and address). FOR COURT USE ONLY W. Russell Fields, Esq. SBbh 166058 Law Offices of W. Russell Fields 2630 1 Street, Sacramento, CA 95816 Electronically Filed TELEPHONE Non (916) 646-6100 FAxno.: (916) 646 8769 2/13/2024 11:19 AM EMAILADDREss russ@russftejdslaw.corn Superior Court of California ATTORNEY FOR (Name) LiSandrO PereZ and Martha GarCia County of Stanislaus SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS Clerk of the Court STREET AooREsa 801 10th Street, 4th Floor By: Crystal Lam, Deputy MAiuNG AooREss 801 10th Street, 4th Floor clTY AND zIP coDE: Modesto, 95354 ERANOH NAME City Towers Courthouse (Civil) CASE NAME: PEREZ/GARCIA v. RUVALCABA, ct aL ~ CIVIL CASE COVER SHEET Unlimited (Amount Limited (Amount ~ ~ Counter ~ Complex Case Designation Filed with tirst appearance by defendant JUDGE: Joinder CV-24-001213 demanded demanded is (Cal. Rules of Court, rule 3.402) oepr ppp) $ 35 ppp ) I Items 1-6 below must be corno/eted (see instructions on Dace 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation ~ Auto (22) Uninsured motorist (46) ~ ~ Breach of contract/warranty (06) Rule 3.740 collections (09) ~ (Cal. Rules of Court, rules 3.460-3.403) Antitrust/Trade regulation (03) Other pl/pD/WD (personal Injury/property ~ Damage/Wrongful Death) Tort Asbestos (04) ~ Other collections (09) Insurance coverage (18) Other contract (37) ~ ~ Construction defect (10) Masstort(40) Securities litigation (28) Product liability (24) Environmental/Toxic tort (30) ~ Medical malpractice (45) ~ Real Property Eminent domain/Inverse Insurance coverage claims arising from the above listed provisionally complex case Other Pl/PD/WD (23) Non-Pl/PD/WD (Other) Tort ~ ~ condemnation (14) Wrongful eviction (33) types (41 ) Enforcement of Judgment ~ Business tort/unfair business practice (07) Civil rights (08) ~ Other real property (26) Unlawful Detainer Enforcement of judgment (20) Miscellaneous Civil Complaint ~ ~ Defamation (13) Fraud (16) Intellectual property (19) ~ ~ Commercial Residential (31) (32) Drugs(38) RICO (27) Other complaint (not specined above) (42) Miscellaneous Civil Petition ~ Professional negligence (25) Other non-PI/PD/WD tort (35) ~ ~ Judicial Review Asset forfeiture (05) ~ Partnership and corporate governance (21) ~ Employment ~ Wrongful termination (36) ~ ~ petition re: arbitration award (11) Writ of mandate (02) Other judimal review (39) Other petition (notspecirfsd above) (43) 2. This case ~ Other employment (15) is ~X is not complex under rule 3.400 ofthe California Rules ofCourt. Ifthe case is complex, markthe ~ a. b. ~ factors requiring exceptional judicial management: ~ Large number of separately represented parties Extensive motion practice raising difficult or novel d e. ~ Large number of witnesses Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal c. ~ issues that will be time-consuming to resolve Substantial amount of documentary evidence 3. Remedies sought (check 8//t/Iat app/y)(a. ~ monetary b. I court ~~ Substantial postjudgment judimai supervision nonmonetary; declaratory or injunctive relief c. punitive ~ 5. This case ~ 4 Number of causes of action (specify): I is ~X is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (you yus form C -0/5) Date: 2/13/24 W. Russell Fields, Esq. (TYPE OR PRINT NAME) (SIGNATURE 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. , lf 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 I of 2 Cal. Rules of Court, rules 2 30, 3.220, 3 400-3.403, 3 T40, Form Adopted for Mandatory Use CIVIL CASE COVER SHEET 0 I.Standards fJ deal Ad im tton std.310 I 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 3A00 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 3.406-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (I/ihe Contract (no/ unlawful detainer Construction Defect (10) case involves an uninsured cr 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 neg//genes) Environmental/Toxic Tort (30) /nslead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other Pl/PD/WD (Personal Injury/ Warranty (aris/ng from provisionally complex Property Damage/Wrongful Death) Tort Other Breach of Contract/Warranty case type listed above) (41) Asbestos (04) Collections (e.gu money owed, open Enforcement of Judgment Asbestos Property Damage book accounts) (09) Enforcement of Judgment (20) Asbestos Personal Injury/ Collection Case-Seller Plaintiff Abstract of Judgment (Out of County) Other Promissory Note/Collections Case Confession of Judgment (non-domes//c Product Liability (nor asbestos or Insurance Coverage /ncr prov/s/cne//y relations) tox/c/env/rcnmenta/) (24) comp/ex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice- Other Coverage (no/ 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 Case Other Pl/P 0/WD (23) Real Property Miscellaneous Civil Complaint Premises Liability (e.g., slip Eminent Domain/Inverse RICO (27) and fall) Condemnation (14) Other Complaint (no/spec/bed above) (42) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Declaratory Relief Only Other Real Property (e.gu quiet title) (26) Injunctive Relief Only (non- Writ of Possession of Real Property harassment) Emotional Distress Mortgage Foreclosure Mechanics Lien Quiet Title Other Commercial Complaint Negligent Infliction of Emotional Distress Other Real Property (not eminent Case (non-toriynon-complex) Other Pl/PD/WD domain, /anrircrd//enent, or Other Civil Complaint Non-Pl/PD/WD (Other) Tort foreclosure) (non-/or/)non-complex) Business Tort/Unfair Business Unlawful Detainer Miscellaneous Civil Petition Practice (07) Commercial (31) Partnership and Corporate Civil Rights (e.g., discrimination, Residential (32) Governance (21) Drugs (38) ()/the case involvesillegal Other Petition (nor spec/ried above) (43) drugs, check this item; otherwise, Civil Harassment Defamation (e.g., slander, libel) (13) report as Commerc/a/ or Res/dent/a/) Workplace Violence Judicial Review Elder/Dependent Adult Abuse Intellectual Property (19) Asset Forfeiture (05) Election Contest Petition Re: Arbitration Award (11) Petition for Name Change Wnt of Mandate (02) Petition for Relief From Late Claim Other Professional Malpractice Writ-Administrative Mandamus Other Civil Petition Writ— Mandamus on Limited Court Other Non-Pl/PD/WD Tort (35) Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner ennea la Page 2 af 2 CM.C10 laau. January 1, 2C2ai CIVIL CASE COVER SHEET Weg(ew ))x & Form Bsildep