Preview
CM-010
AWORNEY 0R PARTY WITHOUT ATrORNEv (Name, State Bar numoen and address)'- FOR COURT USE ONL Y
Hunt & Henriques, LLP
Donald Sherrill #266038 Brian Langedyk #337250
Electronically Filed
| |
7017 Realm Drive, San José, CA 95119
CA Debt Collection License No. 10136-99 2/23/2024 8:00 AM
TELEPHONE No: (800) 680-2426 FAX No.: (408) 362-2299 Superior Court of California
ATrORNEY FOR (Name).- Plaintiff
County of Stanislaus
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
STREET ADDRESS: 801 10th Street 4(h Floor
Clerk of the Court
MAILING ADDRESS: By: Crystal Lam, Deputy
CITY AND ZIP CODE: Modesto CA 95354
BRANCH NAME: Modesto City Towers
CASE NAME: Portfolio Recovery Associates, LLC V. VERONICA CANTU
CIVIL CASE COVER SHEET
E E
CASE NUMBER:
CV-24-001450
E Unlimited
(Amount
Limited
(Amount
Complex Case Designation
Counter
.
Jomder
demanded demanded is Filed with first appearance by defendant JUDGE:
exceeds $35,000) $35,000 or less) (Cal. Rules of Court. rule 3.402) DEPT:
Items 16 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 Provisionally Complex Civil Litigation
D
D
Auto (22) E
Breach of contract/warranty (06)
m
(Cal. Rules of Court, rules 3.400-3.403)
E
DDUUUD
Uninsured Motorist (45) Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Construction defect (10)
Other Pl/PDAND (Personal Injury/Property
Damage/Wrongful Death)
Asbestos (04)
Tort E
Other 0°"ecli0'15 (09)
Insurance
E coverage (18)
Other contract (37)
Mass tort (40)
Securities litigation (28)
Product liability (24) Real Property Environmental/Toxic tort (30)
Medical malpractice (45) Insurance coverage claims arising from the
Eminent domain/Inverse
CI Other Pl/PDNVD (23) condemnation (14)
above listed provisionally complex case
types (41)
E
Non-PIIPDNVD (Other) Tort
E Business tort/unfair business practice (07)
Civil rights (08)
E
Wrongful eviction (33)
Other real pmpeny (26)
Unlawful Detainer
Enforcement of Judgment
Enforcement ofjudgment (20)
E Defamation (13) Commercial (31)
Miscellaneous Civil Complaint
RICO (27)
'
Fraud (16) D
Residential (32)
D Intellectual property (19) E
Drugs (38)
Other complaint (not specified above) (42)
Miscellaneous Civil Petition
E Professional negligence (25)
Other non-PI/PDNVD tort (35)
Judicial Review
j
Asset forfeiture (05) D Partnership and corporate governance (21)
Other petition (not specified above) (43)
Employment
CI Wrongful termination (36)
Other employment (15)
E
Petition re: arbitration award (11)
E
Writ of mandate (02)
Other judicial review (39)
2. This case I is
I m
is not complex
factors requiring exceptional judicial management:
under rule 3.400 of the California Rules of Court. If the case is complex, mark the
a. E Large number of separately represented parties Large number of witnesses
b. D Extensive motion practice raising difficult or novel
issues that will be timeconsuming to resolve
d.
e. E Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
c. D Substantial amount of documentary evidence f. E Substantial postjudgmentjudicial supervision
3. Remedies sought (check all that apply): a.
4. Number of causes of action (specify): 1
m
monetary b. E nonmonetary; declaratory or injunctive relief OE
punitive
5. This case ls m
is not a class action suit.
6. lf there are any known related cases, file and serve a notice of related case. (You may use
Date: February 5, 2024
mM-Ofi)
Brian Langedyk #337250
(TYPE OR FRlNT NAME)
' i
(SIGNKTURE 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.
a File this cover sheet in addition to any cover sheet required by local court rule.
c 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. Page 1 of 2
o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. '
Form Adopted for Mandatory Use
Judicial Council of California CIVIL CASE COVER SHEET Cal. Rules of Court. rules 2.30, 3.220, 34003403, 3.740;
Cal. Standards of Judicial Administration, std. 3.10
CM<010 [Rev January 1, 2024]
1547258001
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
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 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 _a|| 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.
CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Civil Litigation (Cal.
Auto (22)Persona| Injury/Property Breach of ContracWVarranty (06) Rules of Court Rule 3.400-3403)
DamageNVrongful 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 BreachSeller Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract! Insurance Coverage Claims
Other PI/PDMID (Personal Injury] Warranty (arising from provisionally complex
Property DamageMtrongful Death) Other Breach of Contract/Warranty case type listed above) (41)
Tort Collections (e.g., money owed, open Enforcement of Judgment
Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection CaseSeller Plaintiff Abstract of Judgment (Out of
Asbestos Personal lnjury/ Other Promissory Note/Collections County)
_ _
Wrongful Death Case _
Confession of Judgment (non-
"'f"'P'rodfiEf 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/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PI/PDNVD (23) Real Property Case
Premises Liability (e.g,, slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified
(e.g.. assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42)
Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non-
Negligent Infliction of Quiet Title harassment)
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other Pl/PD/WD domain, landlord/tenant, or Other Commercial Complaint
Non-PIIPDNVD (Other) Tort foreclosure) Case (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (O7) Commercial (31) (non-tort/non-complex)
Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate
harassment) (08) drugs, check this item; otherwise, Governance (21)
Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified
(13) Judicial Review above) (43)
Fraud (16) Asset Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult
Legal Malpractice WritAdministrative Mandamus Abuse
Other Professional Malpractice WritMandamus on Limited Court Election Contest
(not medical or legal) Case Matter Petition for Name Change
Other Non-PllPD/WD Tort (35) WritOther Limited Court Case Petition for' Relief from Late
"
Employment Review Claim
Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition
Other Employment (15) Review of Health Officer Order
Notice of AppealLabor
Commissioner Appeals
CM-D10 [Rev. January 1, 2024] of 2
CIVIL CASE COVER SHEET Page 2
1547258001
Preview
CM-010 AWORNEY 0R PARTY WITHOUT ATrORNEv (Name, State Bar numoen and address)'- FOR COURT USE ONL Y Hunt & Henriques, LLP Donald Sherrill #266038 Brian Langedyk #337250 Electronically Filed | | 7017 Realm Drive, San José, CA 95119 CA Debt Collection License No. 10136-99 2/23/2024 8:00 AM TELEPHONE No: (800) 680-2426 FAX No.: (408) 362-2299 Superior Court of California ATrORNEY FOR (Name).- Plaintiff County of Stanislaus SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS STREET ADDRESS: 801 10th Street 4(h Floor Clerk of the Court MAILING ADDRESS: By: Crystal Lam, Deputy CITY AND ZIP CODE: Modesto CA 95354 BRANCH NAME: Modesto City Towers CASE NAME: Portfolio Recovery Associates, LLC V. VERONICA CANTU CIVIL CASE COVER SHEET E E CASE NUMBER: CV-24-001450 E Unlimited (Amount Limited (Amount Complex Case Designation Counter . Jomder demanded demanded is Filed with first appearance by defendant JUDGE: exceeds $35,000) $35,000 or less) (Cal. Rules of Court. rule 3.402) DEPT: Items 16 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 Provisionally Complex Civil Litigation D D Auto (22) E Breach of contract/warranty (06) m (Cal. Rules of Court, rules 3.400-3.403) E DDUUUD Uninsured Motorist (45) Rule 3.740 collections (09) Antitrust/Trade regulation (03) Construction defect (10) Other Pl/PDAND (Personal Injury/Property Damage/Wrongful Death) Asbestos (04) Tort E Other 0°"ecli0'15 (09) Insurance E coverage (18) Other contract (37) Mass tort (40) Securities litigation (28) Product liability (24) Real Property Environmental/Toxic tort (30) Medical malpractice (45) Insurance coverage claims arising from the Eminent domain/Inverse CI Other Pl/PDNVD (23) condemnation (14) above listed provisionally complex case types (41) E Non-PIIPDNVD (Other) Tort E Business tort/unfair business practice (07) Civil rights (08) E Wrongful eviction (33) Other real pmpeny (26) Unlawful Detainer Enforcement of Judgment Enforcement ofjudgment (20) E Defamation (13) Commercial (31) Miscellaneous Civil Complaint RICO (27) ' Fraud (16) D Residential (32) D Intellectual property (19) E Drugs (38) Other complaint (not specified above) (42) Miscellaneous Civil Petition E Professional negligence (25) Other non-PI/PDNVD tort (35) Judicial Review j Asset forfeiture (05) D Partnership and corporate governance (21) Other petition (not specified above) (43) Employment CI Wrongful termination (36) Other employment (15) E Petition re: arbitration award (11) E Writ of mandate (02) Other judicial review (39) 2. This case I is I m is not complex factors requiring exceptional judicial management: under rule 3.400 of the California Rules of Court. If the case is complex, mark the a. E Large number of separately represented parties Large number of witnesses b. D Extensive motion practice raising difficult or novel issues that will be timeconsuming to resolve d. e. E Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court c. D Substantial amount of documentary evidence f. E Substantial postjudgmentjudicial supervision 3. Remedies sought (check all that apply): a. 4. Number of causes of action (specify): 1 m monetary b. E nonmonetary; declaratory or injunctive relief OE punitive 5. This case ls m is not a class action suit. 6. lf there are any known related cases, file and serve a notice of related case. (You may use Date: February 5, 2024 mM-Ofi) Brian Langedyk #337250 (TYPE OR FRlNT NAME) ' i (SIGNKTURE 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. a File this cover sheet in addition to any cover sheet required by local court rule. c 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. Page 1 of 2 o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. ' Form Adopted for Mandatory Use Judicial Council of California CIVIL CASE COVER SHEET Cal. Rules of Court. rules 2.30, 3.220, 34003403, 3.740; Cal. Standards of Judicial Administration, std. 3.10 CM<010 [Rev January 1, 2024] 1547258001 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 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 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 _a|| 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. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto (22)Persona| Injury/Property Breach of ContracWVarranty (06) Rules of Court Rule 3.400-3403) DamageNVrongful 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 BreachSeller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract! Insurance Coverage Claims Other PI/PDMID (Personal Injury] Warranty (arising from provisionally complex Property DamageMtrongful Death) Other Breach of Contract/Warranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection CaseSeller Plaintiff Abstract of Judgment (Out of Asbestos Personal lnjury/ Other Promissory Note/Collections County) _ _ Wrongful Death Case _ Confession of Judgment (non- "'f"'P'rodfiEf 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/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax Malpractice Other Contract Dispute Other Enforcement of Judgment Other PI/PDNVD (23) Real Property Case Premises Liability (e.g,, slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified (e.g.. assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non- Negligent Infliction of Quiet Title harassment) Emotional Distress Other Real Property (not eminent Mechanics Lien Other Pl/PD/WD domain, landlord/tenant, or Other Commercial Complaint Non-PIIPDNVD (Other) Tort foreclosure) Case (non-tort/non-complex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (O7) Commercial (31) (non-tort/non-complex) Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate harassment) (08) drugs, check this item; otherwise, Governance (21) Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified (13) Judicial Review above) (43) Fraud (16) Asset Forfeiture (05) Civil Harassment Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult Legal Malpractice WritAdministrative Mandamus Abuse Other Professional Malpractice WritMandamus on Limited Court Election Contest (not medical or legal) Case Matter Petition for Name Change Other Non-PllPD/WD Tort (35) WritOther Limited Court Case Petition for' Relief from Late " Employment Review Claim Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition Other Employment (15) Review of Health Officer Order Notice of AppealLabor Commissioner Appeals CM-D10 [Rev. January 1, 2024] of 2 CIVIL CASE COVER SHEET Page 2 1547258001