Preview
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONL Y
Hunt & Henriques, LLP
Donald Sherrill #266038 Alexander Balzer Carr #338024
| |
7017 Realm Drive. San José, CA 95119
CA Debt Collection License No. 10136-99 Electronically Filed
TELEPHONE No: (800) 680-2426 FAx No.; (408) 362-2299
ATTORNEY FOR (Name); Plaintiff
2/23/2024 8:58 AM
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF STANISLAUS Superior Court of California
STREET ADDRESS: 801 10th Street 4th Floor County of Stanislaus
MAILING ADDRESS: Clerk of the Court
CITY AND ZIP CODE: Modesto CA 95354
BRANCH NAME: Modesto City Towers
By: Dora Perez, Deputy
CASE NAME: Portfolio Recovery Associates, LLC v. ARELI GARCIA
CIVIL CASE COVER SHEET Complex Case Designation
CASE NUMBER:
E Unlimited
(Amount
Limited
(Amount
E Counter [I]Joinder
CV-24-001465
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
[:1 Auto (22) I:
Breach of contract/warranty (06)
m
(Cal. Rules Of Court, rules 3-400-3-403)
l:l
Cl
,
Uninsured Motorist (46)
Other PllPDlWD (Personal Injury/Property
DamageNVrongfuI Death) Tort
D
:1
Rule 3.740 collections (09)
Other Collections (09)
Insurance coverage (18)
[:1
:1
Mass to" (40)
Antitrust/Trade regulation (03)
0°"St'"°tl°" defec' (1°)
Asbestos (04) |:] Other contract (37) :I
Securities litigation (28)
Product liability (24)
|:| MEdical malpractice (45) Rel:allProperty
-E1rninentdomainllnverse IIEr1?:rraj'3rli'cne'ecrc1>tva<-::'a-§)e(lzl:3::..:i(r)i)sing from the
Cl
-
pr°"'s'°"a"y °°mplex case
- -
' '
Other PIIPDNVD (23)
Non-PIIPDIWD (Other) Tort '2
condemnation.(14)
Wrongful ev1ction (33)
fy%::e(fls1'fd
Enforcement of Judgment
I: Business tort/unfair business practice (07) |:]
Other real property (26)
:1
Enforcement ofjudgment (20)
I: Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint
CZ] «Defamation (13) l:l
Commercial (31) [3
Rice (27)
l:l l:l C!
,_ ,_
Fraud (16) Residential (32) Other complaint (not specified above) (42)
Cl Intellectual property (19) El
Drugs (33) Miscellaneous Civil Petition
Cl Professional negligence (25) Judicial Review Partnership and corporate governance (21)
:I Other non-Pl/PDAND tort (35) |:| Asset forfeiture (05) El
Other petition (not specified above) (43)
Employment '3
'Petition re: arbitration award (11)
Wrongful termination (36) Cl
Writ of mandate (02)
Cl Other employment (15) I:
Otherjudicial review (39)
2. This case I: is (X!
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. El Large number of separately represented parties d. CI
Large number of witnesses
b. I:I Extensive motion practice raising difficult or novel e. |:| Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. |:| Substantial amount of documentary evidence f. I:
Substantial postjudgmentjudicial supervision
3. Remedies sought (check all that apply): a. III
monetary b. [:1
nonmonetary; declaratory or injunctive relief c.|:l punitive
4. Number of causes of action (specify): 1
5. This case 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 may use form CM015)
Date: February 5, 2024
Alexander Balzer Carr #338024 >
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY 0R 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. Page 1 of 2
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 (or 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]
1547485.001
CM-O1O
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
timefor-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 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. -
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 Rule 3.4003403) .-
Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (1 O)
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 ofAuto) Negligent Breach of Contract! Insurance Coverage Claims
Other PIIPDMID (Personal Injury! Warranty (arising from provisionally complex
Property Damage/Wrongful 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-
Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations)
toxic/environmental) (24) complex) (18) 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 Pl/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/PDNVD Wrongful Eviction (33) Other Complaint (not specified
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42)
Intentional lnfliction 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/PDNVD domain, landlord/tenant, or Other Commercial Complaint
Non-PIIPDNVD (Other) Ton foreclosure) Case (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) 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-Pl/PD/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-O1O [Rev. January 1, 2024] of
CIVIL CASE COVER SHEET Page 2 2
1547485001
Preview
CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONL Y Hunt & Henriques, LLP Donald Sherrill #266038 Alexander Balzer Carr #338024 | | 7017 Realm Drive. San José, CA 95119 CA Debt Collection License No. 10136-99 Electronically Filed TELEPHONE No: (800) 680-2426 FAx No.; (408) 362-2299 ATTORNEY FOR (Name); Plaintiff 2/23/2024 8:58 AM SUPERIOR COURT 0F CALIFORNIA, COUNTY OF STANISLAUS Superior Court of California STREET ADDRESS: 801 10th Street 4th Floor County of Stanislaus MAILING ADDRESS: Clerk of the Court CITY AND ZIP CODE: Modesto CA 95354 BRANCH NAME: Modesto City Towers By: Dora Perez, Deputy CASE NAME: Portfolio Recovery Associates, LLC v. ARELI GARCIA CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: E Unlimited (Amount Limited (Amount E Counter [I]Joinder CV-24-001465 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 [:1 Auto (22) I: Breach of contract/warranty (06) m (Cal. Rules Of Court, rules 3-400-3-403) l:l Cl , Uninsured Motorist (46) Other PllPDlWD (Personal Injury/Property DamageNVrongfuI Death) Tort D :1 Rule 3.740 collections (09) Other Collections (09) Insurance coverage (18) [:1 :1 Mass to" (40) Antitrust/Trade regulation (03) 0°"St'"°tl°" defec' (1°) Asbestos (04) |:] Other contract (37) :I Securities litigation (28) Product liability (24) |:| MEdical malpractice (45) Rel:allProperty -E1rninentdomainllnverse IIEr1?:rraj'3rli'cne'ecrc1>tva<-::'a-§)e(lzl:3::..:i(r)i)sing from the Cl - pr°"'s'°"a"y °°mplex case - - ' ' Other PIIPDNVD (23) Non-PIIPDIWD (Other) Tort '2 condemnation.(14) Wrongful ev1ction (33) fy%::e(fls1'fd Enforcement of Judgment I: Business tort/unfair business practice (07) |:] Other real property (26) :1 Enforcement ofjudgment (20) I: Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint CZ] «Defamation (13) l:l Commercial (31) [3 Rice (27) l:l l:l C! ,_ ,_ Fraud (16) Residential (32) Other complaint (not specified above) (42) Cl Intellectual property (19) El Drugs (33) Miscellaneous Civil Petition Cl Professional negligence (25) Judicial Review Partnership and corporate governance (21) :I Other non-Pl/PDAND tort (35) |:| Asset forfeiture (05) El Other petition (not specified above) (43) Employment '3 'Petition re: arbitration award (11) Wrongful termination (36) Cl Writ of mandate (02) Cl Other employment (15) I: Otherjudicial review (39) 2. This case I: is (X! 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. El Large number of separately represented parties d. CI Large number of witnesses b. I:I Extensive motion practice raising difficult or novel e. |:| Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. |:| Substantial amount of documentary evidence f. I: Substantial postjudgmentjudicial supervision 3. Remedies sought (check all that apply): a. III monetary b. [:1 nonmonetary; declaratory or injunctive relief c.|:l punitive 4. Number of causes of action (specify): 1 5. This case 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 may use form CM015) Date: February 5, 2024 Alexander Balzer Carr #338024 > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY 0R 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. Page 1 of 2 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 (or 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] 1547485.001 CM-O1O 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 timefor-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 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. - 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 Rule 3.4003403) .- Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (1 O) 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 ofAuto) Negligent Breach of Contract! Insurance Coverage Claims Other PIIPDMID (Personal Injury! Warranty (arising from provisionally complex Property Damage/Wrongful 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- Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations) toxic/environmental) (24) complex) (18) 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 Pl/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/PDNVD Wrongful Eviction (33) Other Complaint (not specified (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional lnfliction 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/PDNVD domain, landlord/tenant, or Other Commercial Complaint Non-PIIPDNVD (Other) Ton foreclosure) Case (non-tort/non-complex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) 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-Pl/PD/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-O1O [Rev. January 1, 2024] of CIVIL CASE COVER SHEET Page 2 2 1547485001