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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
David S. Webster (154301)/ Barbara L Miller (138384)
Wood, Smith, Henning & Berman LLP
1401 Willow Pass Road, Suite 700 Concord, CA 94520-7982
TELEPHONE NO.: (925) 222-3400 FAX NO.: (925) 356-8250
EMAIL ADDRESS: bmiller@wshblaw.com
ATTORNEY FOR (Name): Plaintiff Liberty Mutual Insurance Company, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
STREET ADDRESS: 400 County Center
MAILING ADDRESS: SAME
CITY AND ZIP CODE: Redwood City, CA 94063
BRANCH NAME:
CASE NAME: Liberty Mutual Insurance Company v. Oseguera, et al.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
Unlimited Limited Counter Joinder
(Amount (Amount JUDGE:
demanded demanded is Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402) DEPT.:
exceeds $35,000) $35,000 or less)
Items 1–6 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
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 PI/PD/WD (Personal Injury/Property Other collections (09) Construction defect (10)
Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40)
Asbestos (04) Other contract (37) Securities litigation (28)
Product liability (24) Real Property Environmental/Toxic tort (30)
Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the
Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case
Non-PI/PD/WD (Other) Tort types (41)
Wrongful eviction (33)
Business tort/unfair business practice (07) Enforcement of Judgment
Other real property (26)
Civil rights (08) Enforcement of judgment (20)
Unlawful Detainer
Defamation (13) Miscellaneous Civil Complaint
Commercial (31)
Fraud (16) Residential (32) RICO (27)
Intellectual property (19) Drugs (38) Other complaint (not specified above) (42)
Professional negligence (25) Judicial Review Miscellaneous Civil Petition
Other non-PI/PD/WD tort (35) Asset forfeiture (05) Partnership and corporate governance (21)
Employment Petition re: arbitration award (11) Other petition (not specified above) (43)
Wrongful termination (36) Writ of mandate (02)
Other employment (15) Other judicial review (39)
2. This case 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. Large number of separately represented parties d. Large number of witnesses
b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more
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
f. Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. monetary b. nonmonetary; declaratory or injunctive relief c. punitive
4. Number of causes of action (specify):
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 case. (You may use form CM-015.)
Date: 3/26/24
Barbara L. Miller
(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.
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 Cal. Rules of Court, rules 2.30, 3.220, 3.400–3.403, 3.740;
Judicial Council of California
CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10
CM-010 [Rev. January 1, 2024] www.courts.ca.gov
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 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 Rules 3.400–3.403)
Breach of Rental/Lease
Damage/Wrongful Death Antitrust/Trade Regulation (03)
Contract (not unlawful detainer Construction Defect (10)
Uninsured Motorist (46) (if the
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach–Seller Securities Litigation (28)
Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30)
arbitration, check this item
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Tort Other Breach of Contract/Warranty case type listed above) (41)
Asbestos (04) Collections (e.g., 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)
Wrongful Death Other Promissory Note/Collections Case Confession of Judgment (non-domestic
Product Liability (not asbestos or Insurance Coverage (not provisionally 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 Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment Case
Other PI/PD/WD (23) Real Property Miscellaneous Civil Complaint
Premises Liability (e.g., slip Eminent Domain/Inverse RICO (27)
and fall) Condemnation (14) Other Complaint (not specified above) (42)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Declaratory Relief Only
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Injunctive Relief Only (non
Intentional Infliction of Writ of Possession of Real Property harassment)
Mortgage Foreclosure Mechanics Lien
Emotional Distress
Negligent Infliction of Quiet Title Other Commercial Complaint
Emotional Distress Other Real Property (not eminent Case (non-tort/non-complex)
Other PI/PD/WD domain, landlord/tenant, or Other Civil Complaint
foreclosure) (non-tort/non-complex)
Non-PI/PD/WD (Other) Tort
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)
false arrest) (not civil Drugs (38) (if the case involves illegal Other Petition (not specified above) (43)
harassment) (08) drugs, check this item; otherwise, Civil Harassment
report as Commercial or Residential)
Defamation (e.g., slander, libel) (13) Workplace Violence
Judicial Review
Fraud (16) Elder/Dependent Adult Abuse
Intellectual Property (19) Asset Forfeiture (05)
Election Contest
Petition Re: Arbitration Award (11)
Professional Negligence (25) Petition for Name Change
Legal Malpractice Writ of Mandate (02) Petition for Relief From Late Claim
Other Professional Malpractice Writ–Administrative Mandamus Other Civil Petition
(not medical or legal) Writ–Mandamus on Limited Court
Other Non-PI/PD/WD Tort (35) Case Matter
Writ–Other Limited Court Case Review
Employment
Other Judicial Review (39)
Wrongful Termination (36)
Other Employment (15) Review of Health Officer Order
Notice of Appeal–Labor Commissioner
Appeals
CM-010 [Rev. January 1, 2024] CIVIL CASE COVER SHEET Page 2 of 2
32091232.1:10437-0414
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CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David S. Webster (154301)/ Barbara L Miller (138384) Wood, Smith, Henning & Berman LLP 1401 Willow Pass Road, Suite 700 Concord, CA 94520-7982 TELEPHONE NO.: (925) 222-3400 FAX NO.: (925) 356-8250 EMAIL ADDRESS: bmiller@wshblaw.com ATTORNEY FOR (Name): Plaintiff Liberty Mutual Insurance Company, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo STREET ADDRESS: 400 County Center MAILING ADDRESS: SAME CITY AND ZIP CODE: Redwood City, CA 94063 BRANCH NAME: CASE NAME: Liberty Mutual Insurance Company v. Oseguera, et al. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: Unlimited Limited Counter Joinder (Amount (Amount JUDGE: demanded demanded is Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) DEPT.: exceeds $35,000) $35,000 or less) Items 1–6 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 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 PI/PD/WD (Personal Injury/Property Other collections (09) Construction defect (10) Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) Asbestos (04) Other contract (37) Securities litigation (28) Product liability (24) Real Property Environmental/Toxic tort (30) Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case Non-PI/PD/WD (Other) Tort types (41) Wrongful eviction (33) Business tort/unfair business practice (07) Enforcement of Judgment Other real property (26) Civil rights (08) Enforcement of judgment (20) Unlawful Detainer Defamation (13) Miscellaneous Civil Complaint Commercial (31) Fraud (16) Residential (32) RICO (27) Intellectual property (19) Drugs (38) Other complaint (not specified above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non-PI/PD/WD tort (35) Asset forfeiture (05) Partnership and corporate governance (21) Employment Petition re: arbitration award (11) Other petition (not specified above) (43) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other judicial review (39) 2. This case 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. Large number of separately represented parties d. Large number of witnesses b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more 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 f. Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. monetary b. nonmonetary; declaratory or injunctive relief c. punitive 4. Number of causes of action (specify): 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 case. (You may use form CM-015.) Date: 3/26/24 Barbara L. Miller (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. 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 Cal. Rules of Court, rules 2.30, 3.220, 3.400–3.403, 3.740; Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10 CM-010 [Rev. January 1, 2024] www.courts.ca.gov 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 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 Rules 3.400–3.403) Breach of Rental/Lease Damage/Wrongful Death Antitrust/Trade Regulation (03) Contract (not unlawful detainer Construction Defect (10) Uninsured Motorist (46) (if the case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach–Seller Securities Litigation (28) Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) arbitration, check this item instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Tort Other Breach of Contract/Warranty case type listed above) (41) Asbestos (04) Collections (e.g., 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) Wrongful Death Other Promissory Note/Collections Case Confession of Judgment (non-domestic Product Liability (not asbestos or Insurance Coverage (not provisionally 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 Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Case Other PI/PD/WD (23) Real Property Miscellaneous Civil Complaint Premises Liability (e.g., slip Eminent Domain/Inverse RICO (27) and fall) Condemnation (14) Other Complaint (not specified above) (42) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Declaratory Relief Only (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Injunctive Relief Only (non Intentional Infliction of Writ of Possession of Real Property harassment) Mortgage Foreclosure Mechanics Lien Emotional Distress Negligent Infliction of Quiet Title Other Commercial Complaint Emotional Distress Other Real Property (not eminent Case (non-tort/non-complex) Other PI/PD/WD domain, landlord/tenant, or Other Civil Complaint foreclosure) (non-tort/non-complex) Non-PI/PD/WD (Other) Tort 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) false arrest) (not civil Drugs (38) (if the case involves illegal Other Petition (not specified above) (43) harassment) (08) drugs, check this item; otherwise, Civil Harassment report as Commercial or Residential) Defamation (e.g., slander, libel) (13) Workplace Violence Judicial Review Fraud (16) Elder/Dependent Adult Abuse Intellectual Property (19) Asset Forfeiture (05) Election Contest Petition Re: Arbitration Award (11) Professional Negligence (25) Petition for Name Change Legal Malpractice Writ of Mandate (02) Petition for Relief From Late Claim Other Professional Malpractice Writ–Administrative Mandamus Other Civil Petition (not medical or legal) Writ–Mandamus on Limited Court Other Non-PI/PD/WD Tort (35) Case Matter Writ–Other Limited Court Case Review Employment Other Judicial Review (39) Wrongful Termination (36) Other Employment (15) Review of Health Officer Order Notice of Appeal–Labor Commissioner Appeals CM-010 [Rev. January 1, 2024] CIVIL CASE COVER SHEET Page 2 of 2 32091232.1:10437-0414