Preview
El
ectroni
cal
lyFi
led Superi
orCourtofCA CountyofContra Costa 3/6/2024 12:59 PM By:K.Ji
nkerson,Deputy
Cigl-010
ATTORNEY OR PARTY WITHOUT ATTORNEY fName, State Bat numoet, a daddmss) FOR COURT USE ONLY
Roger L. Sisneros, Esq. SBN 146303
SISNEROS GRAZIANI LLP
850 Montgomery Street, Suite 300
San Prancisco, CA 94133
TELEPHONE 4 1 5 3 67 367 9
NO
— FAHND. 415-367-3725
—
EMAILADDREss roger8 sg 1 Iplaw. corn
ATTORNEYFOR/Name) Plaintif f
SUPERIORCOURTOF CALIFORNIA,COUNTY OF CONTRA COSTA
sTREETADDREss 725 Court Street
MAILING ADDRESS
DITYANDzIPcoDE'artinez, CA 94553
SRANCH NAME
cASE NAME: 0 'hee v. Era f t, et a 1 .
CIVIL CASE COVER SHEET Complex Case Designation
~ Unlimited
(Amount
D
(Amount
Limited
~
Counter Joinder ~
CASE NUMBER
JUDGE
C24-00600
demanded demanded is Filed with first appearance by defendant
exceeds $ 35,000) $ 35,000 or less) (Cai, Rules of Court, rule 3 402) DEPT
Items 1-6 be/ow 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
Auto (22) Breach of contract/warranty (06) Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Other collections (09) Construction defect (10)
Other Pl/PD/WD (Personal Injury/Property Insurance coverage (18) Mass tort (40)
Damage/Wrongful Death) Tort u d (37)
Other contract Securities litigation (28)
D
Asbestos (04) Environmental/Toxic tort (30)
Product liabihty (24)
Medical malpractice (45)
Other Pl/PD/WD (23)
~
Real Property
Eminent domain/Inverse
condemnation (14)
Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Wrongful evtction (33)
Non-Pl/PD/WD (Other) Tort
Enforcement of Judgment
Busmess tort/unfair business practice (07)
Civil rights (08)
Other real property (26)
Unlawful Detainer ~ Enforcement of judgment (20)
Miscellaneous Civil Complaint
Defamation (13) Commercial (31)
Fraud (16) Residential (32) RICO (27)
Intellectual property (19) LJ Drugs (38) Other complaint (no/ specified above) (42)
Professional negligence (25) Miscellaneous Civil Petition
Judicial Review
Other non-Pl/PD/WD tort (35)
Employment
Wrongful termmation (36)
Asset forfeiture (05)
Petition re: arbitration award (11)
Wnt of mandate (02)
8 Partnership and corporate governance (21)
Other petition (no/ specified above) (43)
Other employment (15) Other judiual review (39)
2. This case ts ~ 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.
b.
~
Large number of separately represented parties
~
Extensivemotionpracticeraisingdifficultornovef
d.
e.
~
Large number of witnesses
~
Coordinationwithrelatedactions pendinginoneormore
issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal
~
~~
COUrt
c. Substantial amount of documentary evidence Substantial postjudgment judicial supervision
3. Remedies sought (check a// that app/y): a.
4. Numberofcausesofaction (specify): 2
[Q monetary b.
f.
nonmonetary; declaratory or injunctwe rehef
(Motor Vehicle; General Negligence)
c ~ punitive
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 c s . You may use form CM-015.)
Date: March 6, 2024
Rnrymr 7, Si snerns. Rsrr
(TYPE OR PRINT NAME) ISIGNATURE 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.
~ 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 I of 2
Fottn Adopted for Mandatory Use Cal Rules of Court, rules 2 30, 3 220, 3400-3 403, 3 740.
Jud oat counol ofcanfomia ~CEEr Essential CIVIL CASE COVER SHEET Cal Slandatds of Judio al Administration, sid 3 10
CM)010 [Res January 1. 2024) www coons ca gou
ceb.corn HFomm O'hea, Richard
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 descnbes 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 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
Breach of Contract/Warranty (06) Provisionally Complex Civil Litigation (Cal.
Auto (22)-Personal Iniury/Property
Breach of Rental/Lease Rules of Court Rules 34400-3.403)
Damage/Wrongful Death Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (/f the Contract (not unlawful detainer
or wmngfu/ ev/et/on) Construction Defect (10}
case involves an uninsured Claims Involving Mass Tort (40)
motorist c/a/m sub/eci io ContractNVarranty Breach-Seller
Plaintiff (not fraud or neg/rgence) Secunties Litigation (28)
arbitration, check this 1/em Env/ronmental/Tox1c Tort (30)
instead of Auto) Negligent Breach of Contract/
Warranty Insurance Coverage Claims
Other Pl/PD/WD (Personal injury/ Other Breach of Contract/Warranty (ar/s/ng from prov/s/ona//y complex
Property Damage/Wrongful Death) Tort Collections (e g, money owed, open case type listed above) (41)
Asbestos (04) book accounts) (09) Enforcement of Judgment
Asbestos Property Damage Collection Case— Seller Plamtiff Enforcement of Judgment (20)
Asbestos Personal Iniury/ Other Promissory Note/Collections Case Abstract of Judgment (Out of County)
Wrongful Death Insurance Coverage (not prows/ona//y Confession of Judgment (non-domestic
Product L1ab1hty (noi asbestos or complex) (18) re/a/iona)
tox/c/env/ronmen/a/) (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
Malpractice Real Property Other Enforcement of Judgment Case
Other Pl/PD/WD (23) Eminent Dorna1n/Inverse Miscellaneous Civil Complaint
Premises Liability (e.g, slip Condemnation (14) RICO (27)
and fall) Wrongful Eviction (33) Other Compia/nt (noi specified above) (42)
Intentional Buddy Injury/PD/WD Other Real property (e g, qu1et title) (26) Declaratory Relief Only
(e.g., assault, vandalism) Writ of Possession of Real Property Inlunctwe Rehef Only(non-
Intentional Infhction of Mortgage Foreclosure harassment)
Emotional Distress Ou1et Title Mechanics Lien
Negligent Infliction of Other Real Property (not eminent Other Commercial Complaint
Emotional Distress domain, landlord/tenant, or
Other Pl/PDNI/D Case (non-/ortynon-comp/ex)
foreclosure) Other Civil Complamt
Non-Pl/PD/WD (Other) Tort Unlawful Detainer (non-iort/non-comp/ex)
Business Tort/Unfair Busmess Commermal (31) Miscellaneous Civil Petition
Practice (07) Resident1ai (32) Partnership and Corporate
Civil Rights (e.g, d1scnm1nat1on,
Drugs (38) //f the case mvo/ves ///ega/ Governance (21)
false arrest) (not c/v/i drugs, check this item, otherw/se, Other Petition (noi specified above) (43)
harassment) (08)
Defamat/on (e g., slander, libel) (13) report as Commerc/a/ or Res/dent/a/) Civil Harassment
Judicial Review Workplace Violence
Fraud (16) Eider/Dependent Adult Abuse
Intellectual Property (1 9) Asset Forfeiture (05)
Petition Re. Arbitration Award (11) Election Contest
Professional Negligence (25) Petition for Name Change
Legal Malpractice Writ of Mandate (02)
Writ-Adm/nistratwe Mandamus Petition for Rehef from Late Claim
Other Professional Malpractice Writ— Mandamus on Limited Court Other Civil Pet1t/on
(no/ medical or legal) Case Matter
Other Non-PI/PDJNID Tort (35) Writ-Other Limited Court Case Review
Employment Other Judicial Review (39)
Wrongful Termination (36) Review of Health Officer Order
Other Employment (15) Notice of Appeal-Labor Commissioner
Appeals
CM-010 [Rev January 1, 2024} Page 2 of 2
CIVIL CASE COVER SHEET
W CEB'ssanthil
ceb.corn PBForms. O'hea, Richard
Preview
El ectroni cal lyFi led Superi orCourtofCA CountyofContra Costa 3/6/2024 12:59 PM By:K.Ji nkerson,Deputy Cigl-010 ATTORNEY OR PARTY WITHOUT ATTORNEY fName, State Bat numoet, a daddmss) FOR COURT USE ONLY Roger L. Sisneros, Esq. SBN 146303 SISNEROS GRAZIANI LLP 850 Montgomery Street, Suite 300 San Prancisco, CA 94133 TELEPHONE 4 1 5 3 67 367 9 NO — FAHND. 415-367-3725 — EMAILADDREss roger8 sg 1 Iplaw. corn ATTORNEYFOR/Name) Plaintif f SUPERIORCOURTOF CALIFORNIA,COUNTY OF CONTRA COSTA sTREETADDREss 725 Court Street MAILING ADDRESS DITYANDzIPcoDE'artinez, CA 94553 SRANCH NAME cASE NAME: 0 'hee v. Era f t, et a 1 . CIVIL CASE COVER SHEET Complex Case Designation ~ Unlimited (Amount D (Amount Limited ~ Counter Joinder ~ CASE NUMBER JUDGE C24-00600 demanded demanded is Filed with first appearance by defendant exceeds $ 35,000) $ 35,000 or less) (Cai, Rules of Court, rule 3 402) DEPT Items 1-6 be/ow 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 Auto (22) Breach of contract/warranty (06) Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other collections (09) Construction defect (10) Other Pl/PD/WD (Personal Injury/Property Insurance coverage (18) Mass tort (40) Damage/Wrongful Death) Tort u d (37) Other contract Securities litigation (28) D Asbestos (04) Environmental/Toxic tort (30) Product liabihty (24) Medical malpractice (45) Other Pl/PD/WD (23) ~ Real Property Eminent domain/Inverse condemnation (14) Insurance coverage claims arising from the above listed provisionally complex case types (41) Wrongful evtction (33) Non-Pl/PD/WD (Other) Tort Enforcement of Judgment Busmess tort/unfair business practice (07) Civil rights (08) Other real property (26) Unlawful Detainer ~ Enforcement of judgment (20) Miscellaneous Civil Complaint Defamation (13) Commercial (31) Fraud (16) Residential (32) RICO (27) Intellectual property (19) LJ Drugs (38) Other complaint (no/ specified above) (42) Professional negligence (25) Miscellaneous Civil Petition Judicial Review Other non-Pl/PD/WD tort (35) Employment Wrongful termmation (36) Asset forfeiture (05) Petition re: arbitration award (11) Wnt of mandate (02) 8 Partnership and corporate governance (21) Other petition (no/ specified above) (43) Other employment (15) Other judiual review (39) 2. This case ts ~ 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. b. ~ Large number of separately represented parties ~ Extensivemotionpracticeraisingdifficultornovef d. e. ~ Large number of witnesses ~ Coordinationwithrelatedactions pendinginoneormore issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal ~ ~~ COUrt c. Substantial amount of documentary evidence Substantial postjudgment judicial supervision 3. Remedies sought (check a// that app/y): a. 4. Numberofcausesofaction (specify): 2 [Q monetary b. f. nonmonetary; declaratory or injunctwe rehef (Motor Vehicle; General Negligence) c ~ punitive 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 c s . You may use form CM-015.) Date: March 6, 2024 Rnrymr 7, Si snerns. Rsrr (TYPE OR PRINT NAME) ISIGNATURE 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. ~ 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 I of 2 Fottn Adopted for Mandatory Use Cal Rules of Court, rules 2 30, 3 220, 3400-3 403, 3 740. Jud oat counol ofcanfomia ~CEEr Essential CIVIL CASE COVER SHEET Cal Slandatds of Judio al Administration, sid 3 10 CM)010 [Res January 1. 2024) www coons ca gou ceb.corn HFomm O'hea, Richard 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 descnbes 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 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 Breach of Contract/Warranty (06) Provisionally Complex Civil Litigation (Cal. Auto (22)-Personal Iniury/Property Breach of Rental/Lease Rules of Court Rules 34400-3.403) Damage/Wrongful Death Antitrust/Trade Regulation (03) Uninsured Motorist (46) (/f the Contract (not unlawful detainer or wmngfu/ ev/et/on) Construction Defect (10} case involves an uninsured Claims Involving Mass Tort (40) motorist c/a/m sub/eci io ContractNVarranty Breach-Seller Plaintiff (not fraud or neg/rgence) Secunties Litigation (28) arbitration, check this 1/em Env/ronmental/Tox1c Tort (30) instead of Auto) Negligent Breach of Contract/ Warranty Insurance Coverage Claims Other Pl/PD/WD (Personal injury/ Other Breach of Contract/Warranty (ar/s/ng from prov/s/ona//y complex Property Damage/Wrongful Death) Tort Collections (e g, money owed, open case type listed above) (41) Asbestos (04) book accounts) (09) Enforcement of Judgment Asbestos Property Damage Collection Case— Seller Plamtiff Enforcement of Judgment (20) Asbestos Personal Iniury/ Other Promissory Note/Collections Case Abstract of Judgment (Out of County) Wrongful Death Insurance Coverage (not prows/ona//y Confession of Judgment (non-domestic Product L1ab1hty (noi asbestos or complex) (18) re/a/iona) tox/c/env/ronmen/a/) (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 Malpractice Real Property Other Enforcement of Judgment Case Other Pl/PD/WD (23) Eminent Dorna1n/Inverse Miscellaneous Civil Complaint Premises Liability (e.g, slip Condemnation (14) RICO (27) and fall) Wrongful Eviction (33) Other Compia/nt (noi specified above) (42) Intentional Buddy Injury/PD/WD Other Real property (e g, qu1et title) (26) Declaratory Relief Only (e.g., assault, vandalism) Writ of Possession of Real Property Inlunctwe Rehef Only(non- Intentional Infhction of Mortgage Foreclosure harassment) Emotional Distress Ou1et Title Mechanics Lien Negligent Infliction of Other Real Property (not eminent Other Commercial Complaint Emotional Distress domain, landlord/tenant, or Other Pl/PDNI/D Case (non-/ortynon-comp/ex) foreclosure) Other Civil Complamt Non-Pl/PD/WD (Other) Tort Unlawful Detainer (non-iort/non-comp/ex) Business Tort/Unfair Busmess Commermal (31) Miscellaneous Civil Petition Practice (07) Resident1ai (32) Partnership and Corporate Civil Rights (e.g, d1scnm1nat1on, Drugs (38) //f the case mvo/ves ///ega/ Governance (21) false arrest) (not c/v/i drugs, check this item, otherw/se, Other Petition (noi specified above) (43) harassment) (08) Defamat/on (e g., slander, libel) (13) report as Commerc/a/ or Res/dent/a/) Civil Harassment Judicial Review Workplace Violence Fraud (16) Eider/Dependent Adult Abuse Intellectual Property (1 9) Asset Forfeiture (05) Petition Re. Arbitration Award (11) Election Contest Professional Negligence (25) Petition for Name Change Legal Malpractice Writ of Mandate (02) Writ-Adm/nistratwe Mandamus Petition for Rehef from Late Claim Other Professional Malpractice Writ— Mandamus on Limited Court Other Civil Pet1t/on (no/ medical or legal) Case Matter Other Non-PI/PDJNID Tort (35) Writ-Other Limited Court Case Review Employment Other Judicial Review (39) Wrongful Termination (36) Review of Health Officer Order Other Employment (15) Notice of Appeal-Labor Commissioner Appeals CM-010 [Rev January 1, 2024} Page 2 of 2 CIVIL CASE COVER SHEET W CEB'ssanthil ceb.corn PBForms. O'hea, Richard