Preview
CII-010
ATTORNEY OR PARTY WITHOUT ATTORNEY /Name, State Bar number, anal address/;
Gregoly O'onnell (SBN 263221) FOR COURT USE ONLY
10 Villanova Drive, Oakland, CA 94611
TELEPHDNE No.: 510-846-0928 FAX Not r
EMAIL ADDREss: oconnel!.gregoryogmail.corn
ATToRNEY FQR /Name/'orberto Sotelo
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
sTREETADDREss: 1215 Truxtun Avenue
MAILING ADDREss: Civil Division
cITY AND glP coDF= Bakersfield 93301
BRANGH NAME. Metropolitan Division Justice Building
CASE
NAME.'oibelto
Sotelo v. Efrain Tofres; David Torres; Yesenia Torres; and Does 1 to 10 inclusive
CIVIL CASE COVER SHEET
~x Unlimited
(Amount
~ Limited
(Amount
~ Contplex Case Designation
Counter
Filed with first appearance by defendant JUDGE:
~ Joinder
CASE NUMBER:
BCV-24-100731
demanded demanded is
exceeds $35,000) (Cal. Rules of Court, rule 3.402)
$ 35,000 or less) DEPT.:
Items 1-5 belo must be corn /eted seeinstructions on 8 e 2.
1. Check one box below for the case type that best describes this case'.
~
Auto Tort
~x Auto (22) ~
Contract
~ Breach of contract/warranty (06)
~
Provisionally Complex Civil Litigation
(Cai. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46)
Other Pi/PD/WD (Personal Injury/Property
~ Rule 3.740 collections (09)
Other collections (0g) ~
~
Antitrust/Trade regulafiion (03)
Construction defect (10)
~
~
Damage/Wrongful Death) Tort
Asbestos (04)
~
~
Mass tort (40)
Securities litigation (28)
~ Product liability (24)
Medical malpractice (45)
~
Real Property
Eminent domain/Inverse ~ Environmental/Toxic tort (30)
Insurance coverage claims ansing from the
~
Other PIIPDIWD (23)
Non-Pl/PD/WD (Other) Tort ~
~
condemnation (14)
Wrongful eviction (33)
~
above listed provisionally complex case
types (41)
Enforcement of Judgment
~
~
Business toft/unfair business practice (07)
Civil rights (08)
Other real property (26)
~
Unlawful Detainer
~
Enforcement of judgment (20)
Miscellaneous Civil Complaint
~
~
Defamation (13)
Fraud(16) ~
Commercial (31)
~
Residential (32)
~ RICO (27)
Other complaint (not speciTied above) (42)
~
~
Intellectual property (19)
Professional negligence (25)
~
Drugs (38)
Judicial Review
~Miscellaneous Civil Petition
~
Other non-Pl/PD/WD tort (35)
Employment ~
~
Asset forfeiture (05)
Petition re: arbitration award (11} ~ Partnership and corporate governance (21)
Other petition (not specified above) (43)
2.
~ ~ Wrongful termination (36)
Other employment (15)
This case is
~ Writ of mandate (02)
Other judicial review (39)
~x is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
a
b.
~
factors requiring exceptional judicial management
~ Large numberof separately represented patties
Extensive motion practice raising difticuit or novel
"'
e. Coordination ~
arge num er o wi nesses
with related actions Pending in one or more
courts in other counbes, states, or countries, or in a federal
~ issues that will be time-consuming to resolve
~~
COUIt
c. Substantial amount of documentary ev~d~nce
3. Remedies sought (checks/i that apply): a ~x monetary b.
f Substantial postjudgment judicial supervision
nonmonetary; declaratory or injunctive relief c. punitive ~
~
4. Number of causes of action (specify): Three- Motor Vehicle Negligence; General Negligence; Negligent Entrustment
5. This case 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 CM-015)
Date: March 27, 2024
Gregory O'onnell
E 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. Paged of2
Ferro Adapted far Mandatory Use CaL Rules of CaurL rules 2.30, 3.220, 3.400-3.403, 3.740;
Judicial Coundl of Callfamia CIVIL CASE COVER SHEET cal. standards of Judldsl Adntinlsuation, std. 3.10
cu@10IRev. Janusry 1,2024l trralrr. courts.aa.gas
INSTRUCTIONS ON HOW TO COIIPLETE THE COVER SHEET Cli/I410
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
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 Provisionally Complex Civil Litigation (Cal.
Auto (22)-Personal injuiy/Property Rules of Court Rules 3.400-3.403)
Damage/Wrongful Death Breach of Rental/Lease
Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the Conb act (not unlawful detainer
Construction Defect (10)
caseinvolves an uninsured Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach-Seller 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 Pl/PD/WD (Personal Injuiy/ (aria'ng from provisionally complex
Property Damage/Wrongful Death) Tort Other Breach of Contract/Warranty
case type /isied 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 Inj uryl Collection Case-Seller Plaintiff
Abstract of Judgment (Out of County)
Wrongful Death Othel Promissory Note/Collecfions Case Confession of Judgment (nondomestic
Product Liability (not asbestos or insurance Coverage (not provisionally relations)
toxic/environmental) (24} Sister State Judgment
Medical Malpractice (45) Auto Subrogabon Administrative Agency Award
Medical Malpractice— Other Coverage
(not unpaid taxes)
Physicians 8 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/PDlWD (23) Real Property Miscellaneous Civil Complaint
Premises Liability (e.g., slip Eminent Domain/Inverse RICO (27)
and fall) Condemnation (14) Other Complaint (not speeified ebove) {42}
Intentional Bodily Injury/PD/WD Declaratory Relief Only
(e,g., assault, vandalism) Other Real Pro party {e.g., quiet title) (26)
Injunctive Relief Only (non-
Intentional Infliction of Writ of Possession of Real Property harassment)
Emotional Distress Mortgage Foreclosure Mechanics Lien
Negligent Infiichon of Other Commercial Complaint
Emotional Distress Other Real Property (not eminent Case (non-tort/non-complex)
Other Pl/PD/WD domain, /and/oni/tenant, or
Other Civil Complaint
Non-PI/PD/WD (Other) Tort (non-torVnon-comp/ex)
Business Tort/Unfair Business Miscellaneous Civil Petition
Practice (07) Commercial (31) Partnership and Corporate
Civil Rights (eg., discrimination, Residential (32)
Governance (21)
false arrest) (not civi7 Drugs (38) (if the case involves illegal Other Petition (not specified above) (43)
harassment) (08) drugs, check thisitem; otherwise, Civil Harassment
Defamation (e.g., slander, libel) (13} repod as Commercial or Residential) Workplace Violence
Fraud (16) Judicial Review
Elder/Dependent Adult Abuse
Intellectual Property (19) Asset Forfeiture (05) Election Contest
Professional Negligence (25) Petition Re: Arbitration Award (11)
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
(iiot medical or legal) Writ-Mandamus on Limited Court
Other Non-Pl/PD/WD Tort (35) Case Matter
Employment Writ-Other Limited Court Case Review
Other Judicial Review (39)
Other Employment (1 5} Review of Health Officer Order
Notice of Appeal-Labor Commissioner
CM4$ 0 IRev. January 1,. 2024] Page 2 a12
CIVIL CASE COVER SHEET
Preview
CII-010 ATTORNEY OR PARTY WITHOUT ATTORNEY /Name, State Bar number, anal address/; Gregoly O'onnell (SBN 263221) FOR COURT USE ONLY 10 Villanova Drive, Oakland, CA 94611 TELEPHDNE No.: 510-846-0928 FAX Not r EMAIL ADDREss: oconnel!.gregoryogmail.corn ATToRNEY FQR /Name/'orberto Sotelo SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN sTREETADDREss: 1215 Truxtun Avenue MAILING ADDREss: Civil Division cITY AND glP coDF= Bakersfield 93301 BRANGH NAME. Metropolitan Division Justice Building CASE NAME.'oibelto Sotelo v. Efrain Tofres; David Torres; Yesenia Torres; and Does 1 to 10 inclusive CIVIL CASE COVER SHEET ~x Unlimited (Amount ~ Limited (Amount ~ Contplex Case Designation Counter Filed with first appearance by defendant JUDGE: ~ Joinder CASE NUMBER: BCV-24-100731 demanded demanded is exceeds $35,000) (Cal. Rules of Court, rule 3.402) $ 35,000 or less) DEPT.: Items 1-5 belo must be corn /eted seeinstructions on 8 e 2. 1. Check one box below for the case type that best describes this case'. ~ Auto Tort ~x Auto (22) ~ Contract ~ Breach of contract/warranty (06) ~ Provisionally Complex Civil Litigation (Cai. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Other Pi/PD/WD (Personal Injury/Property ~ Rule 3.740 collections (09) Other collections (0g) ~ ~ Antitrust/Trade regulafiion (03) Construction defect (10) ~ ~ Damage/Wrongful Death) Tort Asbestos (04) ~ ~ Mass tort (40) Securities litigation (28) ~ Product liability (24) Medical malpractice (45) ~ Real Property Eminent domain/Inverse ~ Environmental/Toxic tort (30) Insurance coverage claims ansing from the ~ Other PIIPDIWD (23) Non-Pl/PD/WD (Other) Tort ~ ~ condemnation (14) Wrongful eviction (33) ~ above listed provisionally complex case types (41) Enforcement of Judgment ~ ~ Business toft/unfair business practice (07) Civil rights (08) Other real property (26) ~ Unlawful Detainer ~ Enforcement of judgment (20) Miscellaneous Civil Complaint ~ ~ Defamation (13) Fraud(16) ~ Commercial (31) ~ Residential (32) ~ RICO (27) Other complaint (not speciTied above) (42) ~ ~ Intellectual property (19) Professional negligence (25) ~ Drugs (38) Judicial Review ~Miscellaneous Civil Petition ~ Other non-Pl/PD/WD tort (35) Employment ~ ~ Asset forfeiture (05) Petition re: arbitration award (11} ~ Partnership and corporate governance (21) Other petition (not specified above) (43) 2. ~ ~ Wrongful termination (36) Other employment (15) This case is ~ Writ of mandate (02) Other judicial review (39) ~x is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the a b. ~ factors requiring exceptional judicial management ~ Large numberof separately represented patties Extensive motion practice raising difticuit or novel "' e. Coordination ~ arge num er o wi nesses with related actions Pending in one or more courts in other counbes, states, or countries, or in a federal ~ issues that will be time-consuming to resolve ~~ COUIt c. Substantial amount of documentary ev~d~nce 3. Remedies sought (checks/i that apply): a ~x monetary b. f Substantial postjudgment judicial supervision nonmonetary; declaratory or injunctive relief c. punitive ~ ~ 4. Number of causes of action (specify): Three- Motor Vehicle Negligence; General Negligence; Negligent Entrustment 5. This case 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 CM-015) Date: March 27, 2024 Gregory O'onnell E 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. Paged of2 Ferro Adapted far Mandatory Use CaL Rules of CaurL rules 2.30, 3.220, 3.400-3.403, 3.740; Judicial Coundl of Callfamia CIVIL CASE COVER SHEET cal. standards of Judldsl Adntinlsuation, std. 3.10 cu@10IRev. Janusry 1,2024l trralrr. courts.aa.gas INSTRUCTIONS ON HOW TO COIIPLETE THE COVER SHEET Cli/I410 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 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 Provisionally Complex Civil Litigation (Cal. Auto (22)-Personal injuiy/Property Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (if the Conb act (not unlawful detainer Construction Defect (10) caseinvolves an uninsured Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach-Seller 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 Pl/PD/WD (Personal Injuiy/ (aria'ng from provisionally complex Property Damage/Wrongful Death) Tort Other Breach of Contract/Warranty case type /isied 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 Inj uryl Collection Case-Seller Plaintiff Abstract of Judgment (Out of County) Wrongful Death Othel Promissory Note/Collecfions Case Confession of Judgment (nondomestic Product Liability (not asbestos or insurance Coverage (not provisionally relations) toxic/environmental) (24} Sister State Judgment Medical Malpractice (45) Auto Subrogabon Administrative Agency Award Medical Malpractice— Other Coverage (not unpaid taxes) Physicians 8 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/PDlWD (23) Real Property Miscellaneous Civil Complaint Premises Liability (e.g., slip Eminent Domain/Inverse RICO (27) and fall) Condemnation (14) Other Complaint (not speeified ebove) {42} Intentional Bodily Injury/PD/WD Declaratory Relief Only (e,g., assault, vandalism) Other Real Pro party {e.g., quiet title) (26) Injunctive Relief Only (non- Intentional Infliction of Writ of Possession of Real Property harassment) Emotional Distress Mortgage Foreclosure Mechanics Lien Negligent Infiichon of Other Commercial Complaint Emotional Distress Other Real Property (not eminent Case (non-tort/non-complex) Other Pl/PD/WD domain, /and/oni/tenant, or Other Civil Complaint Non-PI/PD/WD (Other) Tort (non-torVnon-comp/ex) Business Tort/Unfair Business Miscellaneous Civil Petition Practice (07) Commercial (31) Partnership and Corporate Civil Rights (eg., discrimination, Residential (32) Governance (21) false arrest) (not civi7 Drugs (38) (if the case involves illegal Other Petition (not specified above) (43) harassment) (08) drugs, check thisitem; otherwise, Civil Harassment Defamation (e.g., slander, libel) (13} repod as Commercial or Residential) Workplace Violence Fraud (16) Judicial Review Elder/Dependent Adult Abuse Intellectual Property (19) Asset Forfeiture (05) Election Contest Professional Negligence (25) Petition Re: Arbitration Award (11) 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 (iiot medical or legal) Writ-Mandamus on Limited Court Other Non-Pl/PD/WD Tort (35) Case Matter Employment Writ-Other Limited Court Case Review Other Judicial Review (39) Other Employment (1 5} Review of Health Officer Order Notice of Appeal-Labor Commissioner CM4$ 0 IRev. January 1,. 2024] Page 2 a12 CIVIL CASE COVER SHEET