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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Robert Scott Kennard, SBN 117017
Fanny Wan, SBN 277606 Electronically Filed
NELSON & KENNARD File No. 24-05649-0 4/19/2024 11:49 AM
5011 Dudley Blvd, Bldg 250, Bay G,
Superior Court of California
McClellan, CA 95652-1020
P.O. Box 13807, Sacramento, CA 95853
County of Stanislaus
TELEPHONE NO.: (916) 920-2295 FAX NO. (Optional) : (916) 920-0682
Clerk of the Court
E-MAIL ADDRESS: nk-efile@nelson-kennard.com
By: Crystal Lam, Deputy
ATTORNEY FOR (Name): BANK OF AMERICA, N.A.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
STREET ADDRESS: 801 - 10th St., 4th Floor
MAILING ADDRESS: 801 - 10th St., 4th Floor
CITY AND ZIP CODE: Modesto, CA 95353
BRANCH NAME: MODESTO COURTHOUSE - LIMITED CIVIL CASE
CASE NAME: BANK OF AMERICA, N.A., v. JONATHAN RATHEY MOEUN,
Et al.
CIVIL CASE COVER SHEET CASE NUMBER:
CV-24-003063
Complex Case Designation
[ ] Unlimited [ X ] Limited [ ] Counter [ ] Joinder
(Amount (Amount JUDGE:
demanded demanded is Filed with first appearance by defendant
exceeds $35,000) $35,000 or less) DEPT:
(Cal. Rules of Court, rule 3.402)
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) [ X ] Rule 3.740 collections (09) [ ] Antitrust/Trade regulation (03)
Other Pl/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 Pl/PD/WD (23) condemnation (14) above
Non-PI/PD/WD (Other) Tort [ ] Wrongful eviction (33) listed provisionally complex case 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 [ ] 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 [ 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. [ ] 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-disposition judicial supervision
3. Remedies sought (check all that apply): a. [ X ] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ] punitive
4. Number of causes of action (specify): ONE
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: April 1, 2024
Fanny Wan
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
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 CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400 – 3.403, 3.740;
Judicial Council of California Cal. Standards of Judicial Administration, std 3.10
CM-010 [Rev. January 1, 2024] www.courtinfo.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. You do not need to submit a cover sheet with amended papers.
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
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CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Robert Scott Kennard, SBN 117017 Fanny Wan, SBN 277606 Electronically Filed NELSON & KENNARD File No. 24-05649-0 4/19/2024 11:49 AM 5011 Dudley Blvd, Bldg 250, Bay G, Superior Court of California McClellan, CA 95652-1020 P.O. Box 13807, Sacramento, CA 95853 County of Stanislaus TELEPHONE NO.: (916) 920-2295 FAX NO. (Optional) : (916) 920-0682 Clerk of the Court E-MAIL ADDRESS: nk-efile@nelson-kennard.com By: Crystal Lam, Deputy ATTORNEY FOR (Name): BANK OF AMERICA, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS STREET ADDRESS: 801 - 10th St., 4th Floor MAILING ADDRESS: 801 - 10th St., 4th Floor CITY AND ZIP CODE: Modesto, CA 95353 BRANCH NAME: MODESTO COURTHOUSE - LIMITED CIVIL CASE CASE NAME: BANK OF AMERICA, N.A., v. JONATHAN RATHEY MOEUN, Et al. CIVIL CASE COVER SHEET CASE NUMBER: CV-24-003063 Complex Case Designation [ ] Unlimited [ X ] Limited [ ] Counter [ ] Joinder (Amount (Amount JUDGE: demanded demanded is Filed with first appearance by defendant exceeds $35,000) $35,000 or less) DEPT: (Cal. Rules of Court, rule 3.402) 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) [ X ] Rule 3.740 collections (09) [ ] Antitrust/Trade regulation (03) Other Pl/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 Pl/PD/WD (23) condemnation (14) above Non-PI/PD/WD (Other) Tort [ ] Wrongful eviction (33) listed provisionally complex case 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 [ ] 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 [ 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. [ ] 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-disposition judicial supervision 3. Remedies sought (check all that apply): a. [ X ] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ] punitive 4. Number of causes of action (specify): ONE 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: April 1, 2024 Fanny Wan (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) 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 CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400 – 3.403, 3.740; Judicial Council of California Cal. Standards of Judicial Administration, std 3.10 CM-010 [Rev. January 1, 2024] www.courtinfo.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. You do not need to submit a cover sheet with amended papers. 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