Preview
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sfafe 8ar number and address): FOR COURT USE ONLY
Christopher Mandarich SB220693 Teona Pipia SB 343337 Martin Weingarten SB 201906 Sarkis Karayan SB
316926
MANDARICH LAW GROUP, LLP P.O. Box 109032, Chicago, IL 60610
877.285.4918 818.888.1260
Electronically Filed
E-MAIL ADDRESS: 4/22/2024 8:00 AM
ATTORNEY FOR (Mame): LVNV Funding LLC Superior Court of California
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
County of Stanislaus
STANISLAUS
STREET ADDRESS: 801 10TH STREET, 4TH FLOOR, Clerk of the Court
MAILING ADDRESS: By: Donna Benz, Deputy
CITY AND ZIP CODE: MODESTO CA 95354
BRANCH NAME: MODESTO CENTRAL
CASE NAME:
LVNV Funding LLC v. Paula Forgey, an individual; and DOES 1-10 inclusive.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
CV-24-003075
[ _] Unlimited [ X _] Limited [_] Counter [__] Joinder
mount d moun dis Filed with first appearance by defendant | jupce:
(Cal. Rules of Court, rule 3.402) DEPT: F
exceeds $35,000) $35,000 or less)
ftems 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 PI/PD/WD (Personal Injury/Property — [_] Other collections (09) [|__| Construction defect (10)
Damage/Wrongtul 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) Cd Eminent domain/Inverse [| aera voverage eee arising rom the
[| Other PI/PDAWD (23) condemnation (14) a vee provisionally complex case
wg YPeEs
Non-Pl/PD/WD (Other) Tort |__| Wrongful eviction (33) Enforcement of Judgment
[___] Business tort/unfair business practice (07) [|__| Other real property (26) [___] Enforcement of judgment (20)
[__] Civil rights (08) Unlawtul Detainer Miscellaneous Civil Complaint
[| Defamation (13) L | moet ay [| RICO (27)
esidentia
[___] Fraud (16) D 38 [___] Other complaint (not specified above) (42)
[__] Intellectual property (19) [_] bass (38) Miscellaneous Civil Petition
Professional negligence (25) .
: Partnership and corporate governance (21)
[__] Other non-PI/PDWD tort (35) |__| Asset forfeiture (05) : -
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)
Thiscase |__| is [ x | isnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
N
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
c. |__| Substantial amount of documentary evidence court
f. [{ | Substantial postjudgment judicial supervision
3 Remedies sought (check ail that apply):a.| x _| monetary b.[ | nonmonetary; declaratory or injunctive relief c. [| punitive
4. Number of causes of action (specify): 2
5. Thiscase |] is [ x | isnot aclass action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-075.)
Date: April 14, 2024 » rT
T 7
Teona Pipia, Esq.
(TYPE OR PRINT NAME} v Ta OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
e 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.
e 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.
e 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
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 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 Provisionally Complex Civil Litigation (Cal.
Breach of ContractMWarranty (06)
Auto (22)—Personal Injury/Property Rules of Court Rules 3.400—3.403)
Breach of Rental/Lease Antitrust/Trade Regulation (03)
Damage/Wrongful Death
Uninsured Motorist (46) (if fhe Contract (not unlawful defainer Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
ContractWWarranty Breach—Seller Securities Litigation (28)
motorist claim subject fo
Plaintiff (nof fraud or negligence) Environmental/Toxic Tort (30)
arbitration, check this item
instead of Aufo) Negligent Breach of Contract/ Insurance Coverage Claims
Warranty (arising from provisionally complex
Other PI/PD/WD (Personal Injury/
Property Damage/Wrongful Death) Other Breach of ContractAWVarranty case type lisfed above) (41)
Tort Collections (€.g., money owed, open Enforcement of Judgment
book accounts) (09) Enforcement of Judgment (20)
Asbestos (04)
Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal Injury/ Other Promissory Note/Collections County)
Case
Wrongful Death Confession of Judgment (non-
Insurance Coverage (not provisionally domestic relations)
Product Liability (nof asbesfos or
foxic/environmental) (24) complex) (18) Sister State Judgment
Auto Subrogation
Medical Malpractice (45) Administrative Agency Award
Other Coverage (not unpaid faxes)
Medical Malpractice—
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Contractual Fraud
Other Professional Health Care Judgment on Unpaid Taxes
Other Contract Dispute Other Enforcement of Judgment
Malpractice
Other PI/PDAWD (23) Real Property Case
Eminent Domain/Inverse
Premises Liability (€.g., slip Miscellaneous Civil Complaint
Condemnation (14) RICO (27)
and fall)
Intentional Bodily Injury/PDAVD Wrongful Eviction (33) Other Complaint (nof specified
Other Real Property (e.g., quiet title) (26)
(e.g., assault, vandalism) above) (42)
Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non-
Negligent Infliction of
Quiet Title harassmen?{
Other Real Property (nof eminent
Emotional Distress Mechanics Lien
Other PI/PDAVD domain, landiord/Aenant, or Other Commercial Complaint
foreclosure)
Non-PI/PD/WD (Other) Tort Case (non-fort/non-complex)
Unlawful Detainer
Business Tort/Unfair Business Other Civil Complaint
Practice (07) Commercial (31) (non-fort/non-complex)
Residential (32)
Civil Rights (€.g., discrimination, Miscellaneous Civil Petition
Drugs (38) (if fhe case invoives ilfegai
false arrest) (not civil Partnership and Corporate
harassmeng (08) drugs, check this item; otherwise, Governance (21)
Defamation (e.g., slander, libel) report as Commercial or Residentia) Other Petition (nof specified
Judicial Review
(13) above) (43)
Fraud (16) Asset Forfeiture (05)
Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence
Writ of Mandate (02)
Professional Negligence (25) Elder/Dependent Adult
Legal Malpractice Writ—Administrative Mandamus
Abuse
Other Professional Malpractice Writ-Mandamus on Limited Court Election Contest
Case Matter
(not medica! or lega) Petition for Name Change
Other Non-PI/PDAWD Tort (35) Writ—Other Limited Court Case
Petition for Relief From Late
Employment Review Claim
Other Judicial Review (39)
Wrongful Termination (36) Other Civil Petition
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
Preview
CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sfafe 8ar number and address): FOR COURT USE ONLY Christopher Mandarich SB220693 Teona Pipia SB 343337 Martin Weingarten SB 201906 Sarkis Karayan SB 316926 MANDARICH LAW GROUP, LLP P.O. Box 109032, Chicago, IL 60610 877.285.4918 818.888.1260 Electronically Filed E-MAIL ADDRESS: 4/22/2024 8:00 AM ATTORNEY FOR (Mame): LVNV Funding LLC Superior Court of California SUPERIOR COURT OF CALIFORNIA, COUNTY OF County of Stanislaus STANISLAUS STREET ADDRESS: 801 10TH STREET, 4TH FLOOR, Clerk of the Court MAILING ADDRESS: By: Donna Benz, Deputy CITY AND ZIP CODE: MODESTO CA 95354 BRANCH NAME: MODESTO CENTRAL CASE NAME: LVNV Funding LLC v. Paula Forgey, an individual; and DOES 1-10 inclusive. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: CV-24-003075 [ _] Unlimited [ X _] Limited [_] Counter [__] Joinder mount d moun dis Filed with first appearance by defendant | jupce: (Cal. Rules of Court, rule 3.402) DEPT: F exceeds $35,000) $35,000 or less) ftems 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 PI/PD/WD (Personal Injury/Property — [_] Other collections (09) [|__| Construction defect (10) Damage/Wrongtul 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) Cd Eminent domain/Inverse [| aera voverage eee arising rom the [| Other PI/PDAWD (23) condemnation (14) a vee provisionally complex case wg YPeEs Non-Pl/PD/WD (Other) Tort |__| Wrongful eviction (33) Enforcement of Judgment [___] Business tort/unfair business practice (07) [|__| Other real property (26) [___] Enforcement of judgment (20) [__] Civil rights (08) Unlawtul Detainer Miscellaneous Civil Complaint [| Defamation (13) L | moet ay [| RICO (27) esidentia [___] Fraud (16) D 38 [___] Other complaint (not specified above) (42) [__] Intellectual property (19) [_] bass (38) Miscellaneous Civil Petition Professional negligence (25) . : Partnership and corporate governance (21) [__] Other non-PI/PDWD tort (35) |__| Asset forfeiture (05) : - 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) Thiscase |__| is [ x | isnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the N 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 c. |__| Substantial amount of documentary evidence court f. [{ | Substantial postjudgment judicial supervision 3 Remedies sought (check ail that apply):a.| x _| monetary b.[ | nonmonetary; declaratory or injunctive relief c. [| punitive 4. Number of causes of action (specify): 2 5. Thiscase |] is [ x | isnot aclass action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-075.) Date: April 14, 2024 » rT T 7 Teona Pipia, Esq. (TYPE OR PRINT NAME} v Ta OF PARTY OR ATTORNEY FOR PARTY) NOTICE e 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. e 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. e 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 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 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 Provisionally Complex Civil Litigation (Cal. Breach of ContractMWarranty (06) Auto (22)—Personal Injury/Property Rules of Court Rules 3.400—3.403) Breach of Rental/Lease Antitrust/Trade Regulation (03) Damage/Wrongful Death Uninsured Motorist (46) (if fhe Contract (not unlawful defainer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) ContractWWarranty Breach—Seller Securities Litigation (28) motorist claim subject fo Plaintiff (nof fraud or negligence) Environmental/Toxic Tort (30) arbitration, check this item instead of Aufo) Negligent Breach of Contract/ Insurance Coverage Claims Warranty (arising from provisionally complex Other PI/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Other Breach of ContractAWVarranty case type lisfed above) (41) Tort Collections (€.g., money owed, open Enforcement of Judgment book accounts) (09) Enforcement of Judgment (20) Asbestos (04) Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County) Case Wrongful Death Confession of Judgment (non- Insurance Coverage (not provisionally domestic relations) Product Liability (nof asbesfos or foxic/environmental) (24) complex) (18) Sister State Judgment Auto Subrogation Medical Malpractice (45) Administrative Agency Award Other Coverage (not unpaid faxes) Medical Malpractice— Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of Contractual Fraud Other Professional Health Care Judgment on Unpaid Taxes Other Contract Dispute Other Enforcement of Judgment Malpractice Other PI/PDAWD (23) Real Property Case Eminent Domain/Inverse Premises Liability (€.g., slip Miscellaneous Civil Complaint Condemnation (14) RICO (27) and fall) Intentional Bodily Injury/PDAVD Wrongful Eviction (33) Other Complaint (nof specified Other Real Property (e.g., quiet title) (26) (e.g., assault, vandalism) above) (42) Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non- Negligent Infliction of Quiet Title harassmen?{ Other Real Property (nof eminent Emotional Distress Mechanics Lien Other PI/PDAVD domain, landiord/Aenant, or Other Commercial Complaint foreclosure) Non-PI/PD/WD (Other) Tort Case (non-fort/non-complex) Unlawful Detainer Business Tort/Unfair Business Other Civil Complaint Practice (07) Commercial (31) (non-fort/non-complex) Residential (32) Civil Rights (€.g., discrimination, Miscellaneous Civil Petition Drugs (38) (if fhe case invoives ilfegai false arrest) (not civil Partnership and Corporate harassmeng (08) drugs, check this item; otherwise, Governance (21) Defamation (e.g., slander, libel) report as Commercial or Residentia) Other Petition (nof specified Judicial Review (13) above) (43) Fraud (16) Asset Forfeiture (05) Civil Harassment Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence Writ of Mandate (02) Professional Negligence (25) Elder/Dependent Adult Legal Malpractice Writ—Administrative Mandamus Abuse Other Professional Malpractice Writ-Mandamus on Limited Court Election Contest Case Matter (not medica! or lega) Petition for Name Change Other Non-PI/PDAWD Tort (35) Writ—Other Limited Court Case Petition for Relief From Late Employment Review Claim Other Judicial Review (39) Wrongful Termination (36) Other Civil Petition 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