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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
PATENAUDE & FELIX, A.P.C.
Raymond A. Patenaude (128855) / Stephanie J. Boone (160182) / Laura M. D'Anna (266113)
Nathalia A. Aguirre (337628) / Dinari J. Lee (314542) / Abril Saglio-Ruiz (299586)
9619 Chesapeake Drive, Suite 300, San Diego, CA 92123
California DFPI Debt Collector License #10678-99 Electronically Filed
TELEPHONE NO.:(858) 244-7600 FAX NO.: (858) 836-0318 4/19/2024 8:00 AM
EMAIL ADDRESS: SD.Legal@Pandf.us Superior Court of California
ATTORNEY FOR (Name): PLAINTIFF
County of Stanislaus
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
Clerk of the Court
STREET ADDRESS: 801 10TH STREET, 4TH FLOOR
MAILING ADDRESS: 801 10TH STREET, 4TH FLOOR
By: Dora Perez, Deputy
CITY AND ZIP CODE: MODESTO CA 95354
BRANCH NAME: MODESTO DIVISION
CASE NAME: TD BANK USA, N.A. vs. TATIANA P GALLON,
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
Unlimited Limited Counter Joinder CV-24-003042
(Amount (Amount
demanded demanded is Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402) JUDGE:
exceeds $35,000) $35,000 or less)
DEPT.:
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) Environmental/Toxic tort (30)
Real Property
Medical malpractice (45) Insurance coverage claims arising from the
Eminent domain/Inverse
Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case
Non-PI/PD/WD (Other) Tort Wrongful eviction (33) types (41)
Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment
Civil rights (08) Unlawful Detainer Enforcement of judgment (20)
Defamation (13) Commercial (31) Miscellaneous Civil Complaint
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 Other petition (not specified above) (43)
Petition re: arbitration award (11)
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 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. Substantial post-judgment judicial supervision
3. Remedies sought (check all that apply): a. monetary b. non-monetary; declaratory or injunctive relief c. punitive
4. Number of causes of action (specify): ONE
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: April 01, 2024
[ X ] NATHALIA A. AGUIRRE [ ] DINARI J. LEE
[ ] ABRIL SAGLIO-RUIZ
â–º
(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
CA_01 EFile Civil Case Cover P&F File No. 24-11831
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
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 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 Collection Cases. A "collection 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 rule 3.740 collections case on this form means that it will be exempt form 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)
Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (If the Contract (not unlawful detainer or Construction Defect (10)
case involves an uninsured motorist claim wrongful eviction) Claims Involving Mass Tort (40)
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/ Warranty Insurance Coverage Claims
Other Breach of Contract/Warranty (arising from provisionally complex
Other PI/PD/WD (Personal Injury/ Property
Collections (e.g., money owed, open case type listed above) (41)
Damage/Wrongful Death)
book accounts) (09)
Tort Enforcement of Judgment
Collection Case—Seller Plaintiff
Asbestos (04) Enforcement of Judgment (20)
Other Promissory Note/Collections
Asbestos Property Damage Abstract of Judgment ( Out of
Case
Asbestos Personal Injury/ County)
Insurance Coverage (not provisionally
Wrongful Death Confession of Judgment (non-
complex) (18)
Product Liability (not asbestos or domestic relations)
Auto Subrogation
toxic/environmental) (24) Sister State Judgment
Other Coverage
Medical Malpractice (45) Administrative Agency Award
Other Contract (37)
Medical Malpractice— (not unpaid taxes)
Contractual Fraud
Physicians & Surgeons Petition/Certification of Entry of
Other Contract Dispute
Other Professional Health Care Judgment on Unpaid Taxes
Malpractice Real Property Other Enforcement of Judgment
Other PI/PD/WD (23) Eminent Domain/Inverse Case
Premises Liability (e.g., slip Condemnation (14)
and fall) Wrongful Eviction (33) Miscellaneous Civil Complaint
Intentional Bodily Injury/PD/WD Other Real Property (e.g., quite title) (26) RICO (27)
(e.g., assault, vandalism) Writ of Possession of Real Property Other Complaint (not specified
Intentional Infliction of Mortgage Foreclosure above) (42)
Emotional Distress Quite Title Declaratory Relief Only
Negligent Infliction of Other Real Property (not eminent Injunctive Relief Only (non-
Emotional Distress domain, landlord/tenant, or foreclosure) harassment)
Other PI/PD/WD Mechanics Lien
Unlawful Detainer Other Commercial Complaint
Non-PI/PD/WD (Other) Tort Commercial (31) Case (non-tort/non-complex)
Business Tort/Unfair Business Residential (32) Other Civil Complaint
Practice (07) Drugs (38) (if the case involves illegal drugs, (non-tort/non-complex)
Civil Rights (e.g., discrimination, check this item; otherwise,
false arrest) (not civil report as Commercial or Residential) Miscellaneous Civil Petition
harassment) (08) Partnership and Corporate
Judicial Review Governance (21)
Defamation (e.g., slander, libel) Asset Forfeiture (05)
(13) Other Petition (not specified
Petition Re: Arbitration Award (11) above) (43)
Fraud (16) Writ of Mandate (02)
Intellectual Property (19) Civil Harassment
Writ—Administrative Mandamus Workplace Violence
Professional Negligence (25) Writ—Mandamus on Limited Court
Legal Malpractice Elder/Dependent Adult
Case Matter Abuse
Other Professional Malpractice Writ—Other Limited Court Case
(not medical or legal) Election Contest
Review Petition for Name Change
Other Non-PI/PD/WD Tort (35) Other Judicial Review (39) Petition for Relief from Late
Employment Review of Health Officer Order Claim
Wrongful Termination (36) Notice of Appeal—Labor Other Civil Petition
Other Employment (15) Commissioner Appeals
CM-010 [Rev. January 1, 2024] Page 2 of 2
CIVIL CASE COVER SHEET
CA_01 EFile Civil Case Cover P&F File No. 24-11831
Preview
CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY PATENAUDE & FELIX, A.P.C. Raymond A. Patenaude (128855) / Stephanie J. Boone (160182) / Laura M. D'Anna (266113) Nathalia A. Aguirre (337628) / Dinari J. Lee (314542) / Abril Saglio-Ruiz (299586) 9619 Chesapeake Drive, Suite 300, San Diego, CA 92123 California DFPI Debt Collector License #10678-99 Electronically Filed TELEPHONE NO.:(858) 244-7600 FAX NO.: (858) 836-0318 4/19/2024 8:00 AM EMAIL ADDRESS: SD.Legal@Pandf.us Superior Court of California ATTORNEY FOR (Name): PLAINTIFF County of Stanislaus SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS Clerk of the Court STREET ADDRESS: 801 10TH STREET, 4TH FLOOR MAILING ADDRESS: 801 10TH STREET, 4TH FLOOR By: Dora Perez, Deputy CITY AND ZIP CODE: MODESTO CA 95354 BRANCH NAME: MODESTO DIVISION CASE NAME: TD BANK USA, N.A. vs. TATIANA P GALLON, CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: Unlimited Limited Counter Joinder CV-24-003042 (Amount (Amount demanded demanded is Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) JUDGE: exceeds $35,000) $35,000 or less) DEPT.: 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) Environmental/Toxic tort (30) Real Property Medical malpractice (45) Insurance coverage claims arising from the Eminent domain/Inverse Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case Non-PI/PD/WD (Other) Tort Wrongful eviction (33) types (41) Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment Civil rights (08) Unlawful Detainer Enforcement of judgment (20) Defamation (13) Commercial (31) Miscellaneous Civil Complaint 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 Other petition (not specified above) (43) Petition re: arbitration award (11) 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 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. Substantial post-judgment judicial supervision 3. Remedies sought (check all that apply): a. monetary b. non-monetary; declaratory or injunctive relief c. punitive 4. Number of causes of action (specify): ONE 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: April 01, 2024 [ X ] NATHALIA A. AGUIRRE [ ] DINARI J. LEE [ ] ABRIL SAGLIO-RUIZ ► (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 CA_01 EFile Civil Case Cover P&F File No. 24-11831 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 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 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 Collection Cases. A "collection 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 rule 3.740 collections case on this form means that it will be exempt form 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) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (If the Contract (not unlawful detainer or Construction Defect (10) case involves an uninsured motorist claim wrongful eviction) Claims Involving Mass Tort (40) 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/ Warranty Insurance Coverage Claims Other Breach of Contract/Warranty (arising from provisionally complex Other PI/PD/WD (Personal Injury/ Property Collections (e.g., money owed, open case type listed above) (41) Damage/Wrongful Death) book accounts) (09) Tort Enforcement of Judgment Collection Case—Seller Plaintiff Asbestos (04) Enforcement of Judgment (20) Other Promissory Note/Collections Asbestos Property Damage Abstract of Judgment ( Out of Case Asbestos Personal Injury/ County) Insurance Coverage (not provisionally Wrongful Death Confession of Judgment (non- complex) (18) Product Liability (not asbestos or domestic relations) Auto Subrogation toxic/environmental) (24) Sister State Judgment Other Coverage Medical Malpractice (45) Administrative Agency Award Other Contract (37) Medical Malpractice— (not unpaid taxes) Contractual Fraud Physicians & Surgeons Petition/Certification of Entry of Other Contract Dispute Other Professional Health Care Judgment on Unpaid Taxes Malpractice Real Property Other Enforcement of Judgment Other PI/PD/WD (23) Eminent Domain/Inverse Case Premises Liability (e.g., slip Condemnation (14) and fall) Wrongful Eviction (33) Miscellaneous Civil Complaint Intentional Bodily Injury/PD/WD Other Real Property (e.g., quite title) (26) RICO (27) (e.g., assault, vandalism) Writ of Possession of Real Property Other Complaint (not specified Intentional Infliction of Mortgage Foreclosure above) (42) Emotional Distress Quite Title Declaratory Relief Only Negligent Infliction of Other Real Property (not eminent Injunctive Relief Only (non- Emotional Distress domain, landlord/tenant, or foreclosure) harassment) Other PI/PD/WD Mechanics Lien Unlawful Detainer Other Commercial Complaint Non-PI/PD/WD (Other) Tort Commercial (31) Case (non-tort/non-complex) Business Tort/Unfair Business Residential (32) Other Civil Complaint Practice (07) Drugs (38) (if the case involves illegal drugs, (non-tort/non-complex) Civil Rights (e.g., discrimination, check this item; otherwise, false arrest) (not civil report as Commercial or Residential) Miscellaneous Civil Petition harassment) (08) Partnership and Corporate Judicial Review Governance (21) Defamation (e.g., slander, libel) Asset Forfeiture (05) (13) Other Petition (not specified Petition Re: Arbitration Award (11) above) (43) Fraud (16) Writ of Mandate (02) Intellectual Property (19) Civil Harassment Writ—Administrative Mandamus Workplace Violence Professional Negligence (25) Writ—Mandamus on Limited Court Legal Malpractice Elder/Dependent Adult Case Matter Abuse Other Professional Malpractice Writ—Other Limited Court Case (not medical or legal) Election Contest Review Petition for Name Change Other Non-PI/PD/WD Tort (35) Other Judicial Review (39) Petition for Relief from Late Employment Review of Health Officer Order Claim Wrongful Termination (36) Notice of Appeal—Labor Other Civil Petition Other Employment (15) Commissioner Appeals CM-010 [Rev. January 1, 2024] Page 2 of 2 CIVIL CASE COVER SHEET CA_01 EFile Civil Case Cover P&F File No. 24-11831