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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address):
FOR COURT USE ONLY
Brian Miles SBN: 191136
Miles Westbrook & Deal LLP
3390 Ml Diablo Blvd Suite 220, Lafayette, Ca 94549
TELEPHONE NO.: 925-938-4500 FAX NO.: 925-938-7007 ELECTRONICALLY
EMAILADDRESS: brian@rnileswestbrook.com
ATTORNEY FoR (Name): The National Collection Agency, Inc. FILED
Superior Court of California,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco
STREEr ADDRESS: 400 McAllister Street
MAILING ADDRESS: 400 McAllister Street 04/24/2024
CITY AND ZIP CODE: San Francisco, 94102-4515 Clerk of the Court
BY: AUSTIN LAM
BRANCH NAME: Civic Center Courthouse
Deputy Clerk
CASE NAME: National v McNamara, et al.
CGC-24-614167
CASE NUMBER:
CIVIL CASE COVER SHEET Complex Case Designation
D Unlimited DD Limited ~ Counter ~ Joinder
(Amount (Amount
Filed with first appearance by defendant JUDGE:
demanded demanded is
(Cal. Rules of Court, rule 3.402) DEPT.:
exceeds $35,000) $35,000 or less)
Items 1-6 below must be comn/eted lsee instructions on oaae 2J.
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
CJ Aulo(22) D Breach of contract/warranty (06) {Cal. Rules of Court, rules 3.400-3.403)
CJ Uninsured motorist (46) [:=1 Antitrust/Trade regulation (03)
DD Rule 3.740 collections (09)
Other PI/PD/WD (Personal Injury/Property
D Other collections (09) D Construction defect (10)
Damage/Wrongful Death) Tort D Mass (ort (40)
D Insurance coverage (18)
D Asbestos (04)
D Other contract (37) D Securities litigation (28)
D Product liability (24)
Real Property D Environmental/Toxic tort (30)
D Medical malpractice (45) D aboveInsurance coverage claims arising from the
D condemnation
Eminent domain/Inverse
listed provisionally complex case
D Other PI/PD/WD (23) (14)
types (41)
Non-Pl/PD/WD (Other) Tort D Wrongful eviction (33) Enforcement of Judgment
D Business tort/unfair business practice (07) D Other real property (26) CJ Enforcement of judgment (20)
Unlawful Detainer
D Civil rights (08) Miscellaneous Civil Complaint
D Defamation (13) D Commercial (31)
LJ RIC0(27)
D Fraud (16) D Residential (32) CJ O(her complain( (not specified above) (42)
D lnlelleclual property (19) CJ Drugs(38) Miscellaneous Civil Petition
Judicial Review
D Professional negligence (25) D Partnership and corporate governance (21)
D Other non-Pl/PD/WO tort (35) D Asset forfeiture (05)
Employment D Petition re: arbitration award (11) D Other petition (not specified above) (43)
D Wrongful termination (36) D Writ of mandate (02)
D Other employment (15) D Other judicial review (39)
2. This case CJ is I x I 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. D Large number of separately represented parties d. D Large number of witnesses
b. ~ Extensive motion practice raising difficult or novel
e. D Coordination with related actions pending in one or more
courts in other counties, states, or countries, or in a federal
issues that will be time-consuming to resolve
court
c. D Substantial amount of documentary evidence D Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. DD monetary b. D non monetary; declaratory or injunctive relief c. D punitive
4. Number of causes of action (specify):One
5. This case D is [X] is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case.
Date: April 17, 2024 â–º
Brian Miles
(TYPE OR PRINT NAME)
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 3AOO 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 otz
Form Adopted for Mandatory Use Cal. Rules of Court. rules 2.30, 3,220, 3.400-3.403, 3.740;
Judicial CoLmcil of Calfomia
CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std, 3.10
CM·010 fRev. January 1, 2024] \'Nlw.courls.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: (I) 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)
Damage/Wrongful Death Breach of Rental/Lease AntitrusUTrade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect {1 O)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist cf aim 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/WO (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 provisfonafly 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 Pl/PD/WO (23) Real Property Miscellaneous Civil Complaint
Premises Liability (e.g., slip Eminent Domain/Inverse RICO (27)
and fall) Condemnation (14)
Other Complalnt (not specified above) (42)
Intentional Bodily Injury/PD/WO 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
harassmenl)
Emotional Distress Mortgage Foreclosure Mechanics Lien
Negligent Infliction of Quiet Tltle
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
Non-PI/PD/WD (Other) Tort foreclosure) (non-tort/non-complex)
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; otheJWise, Civil Harassment
Defamation (e.g., slander, libel) (13) report 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 Clvil Petition
(not medical or legal) Writ-Mandamus on Limited Court
other Non-PI/PD/WD Tort (35) Case Matter
Employment Writ-Other Limited Court Case Review
Wrongful Termination (36) Other Judicial Review (39)
other Employment (15) Review of Health Officer Order
Notice of Appeal-Labor Commissioner
CM-010 !Rev. January 1, 2024] Page2of2
CIVIL CASE COVER SHEET
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CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY Brian Miles SBN: 191136 Miles Westbrook & Deal LLP 3390 Ml Diablo Blvd Suite 220, Lafayette, Ca 94549 TELEPHONE NO.: 925-938-4500 FAX NO.: 925-938-7007 ELECTRONICALLY EMAILADDRESS: brian@rnileswestbrook.com ATTORNEY FoR (Name): The National Collection Agency, Inc. FILED Superior Court of California, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco STREEr ADDRESS: 400 McAllister Street MAILING ADDRESS: 400 McAllister Street 04/24/2024 CITY AND ZIP CODE: San Francisco, 94102-4515 Clerk of the Court BY: AUSTIN LAM BRANCH NAME: Civic Center Courthouse Deputy Clerk CASE NAME: National v McNamara, et al. CGC-24-614167 CASE NUMBER: CIVIL CASE COVER SHEET Complex Case Designation D Unlimited DD Limited ~ Counter ~ Joinder (Amount (Amount Filed with first appearance by defendant JUDGE: demanded demanded is (Cal. Rules of Court, rule 3.402) DEPT.: exceeds $35,000) $35,000 or less) Items 1-6 below must be comn/eted lsee instructions on oaae 2J. 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation CJ Aulo(22) D Breach of contract/warranty (06) {Cal. Rules of Court, rules 3.400-3.403) CJ Uninsured motorist (46) [:=1 Antitrust/Trade regulation (03) DD Rule 3.740 collections (09) Other PI/PD/WD (Personal Injury/Property D Other collections (09) D Construction defect (10) Damage/Wrongful Death) Tort D Mass (ort (40) D Insurance coverage (18) D Asbestos (04) D Other contract (37) D Securities litigation (28) D Product liability (24) Real Property D Environmental/Toxic tort (30) D Medical malpractice (45) D aboveInsurance coverage claims arising from the D condemnation Eminent domain/Inverse listed provisionally complex case D Other PI/PD/WD (23) (14) types (41) Non-Pl/PD/WD (Other) Tort D Wrongful eviction (33) Enforcement of Judgment D Business tort/unfair business practice (07) D Other real property (26) CJ Enforcement of judgment (20) Unlawful Detainer D Civil rights (08) Miscellaneous Civil Complaint D Defamation (13) D Commercial (31) LJ RIC0(27) D Fraud (16) D Residential (32) CJ O(her complain( (not specified above) (42) D lnlelleclual property (19) CJ Drugs(38) Miscellaneous Civil Petition Judicial Review D Professional negligence (25) D Partnership and corporate governance (21) D Other non-Pl/PD/WO tort (35) D Asset forfeiture (05) Employment D Petition re: arbitration award (11) D Other petition (not specified above) (43) D Wrongful termination (36) D Writ of mandate (02) D Other employment (15) D Other judicial review (39) 2. This case CJ is I x I 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. D Large number of separately represented parties d. D Large number of witnesses b. ~ Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal issues that will be time-consuming to resolve court c. D Substantial amount of documentary evidence D Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. DD monetary b. D non monetary; declaratory or injunctive relief c. D punitive 4. Number of causes of action (specify):One 5. This case D is [X] is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. Date: April 17, 2024 ► Brian Miles (TYPE OR PRINT NAME) 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 3AOO 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 otz Form Adopted for Mandatory Use Cal. Rules of Court. rules 2.30, 3,220, 3.400-3.403, 3.740; Judicial CoLmcil of Calfomia CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std, 3.10 CM·010 fRev. January 1, 2024] \'Nlw.courls.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: (I) 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) Damage/Wrongful Death Breach of Rental/Lease AntitrusUTrade Regulation (03) Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect {1 O) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist cf aim 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/WO (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 provisfonafly 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 Pl/PD/WO (23) Real Property Miscellaneous Civil Complaint Premises Liability (e.g., slip Eminent Domain/Inverse RICO (27) and fall) Condemnation (14) Other Complalnt (not specified above) (42) Intentional Bodily Injury/PD/WO 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 harassmenl) Emotional Distress Mortgage Foreclosure Mechanics Lien Negligent Infliction of Quiet Tltle 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 Non-PI/PD/WD (Other) Tort foreclosure) (non-tort/non-complex) 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; otheJWise, Civil Harassment Defamation (e.g., slander, libel) (13) report 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 Clvil Petition (not medical or legal) Writ-Mandamus on Limited Court other Non-PI/PD/WD Tort (35) Case Matter Employment Writ-Other Limited Court Case Review Wrongful Termination (36) Other Judicial Review (39) other Employment (15) Review of Health Officer Order Notice of Appeal-Labor Commissioner CM-010 !Rev. January 1, 2024] Page2of2 CIVIL CASE COVER SHEET Wesilaw Doc &Form Builder