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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
ROBERT K. HANNA, State Bar No.: 341970 / JUNQIAO XIAO, State Bar No.: 341670 / HYO JIN
JULIA JUNG, State Bar No.: 316090 / MICHAEL D. KAHN, State Bar No.: 236898 / LAMONT
FREEMAN, State Bar No.: 349862 Electronically Filed
Midland Credit Management, Inc. 4/25/2024 10:10 AM
350 CAMINO DE LA REINA, SUITE 100 Superior Court of California
SAN DIEGO, CA 92108 County of Stanislaus
California Debt Collection License #10644-99
TELEPHONE NO.: (866) 300-8750 FAX NO.: (858) 309-1588 Clerk of the Court
E-MAIL ADDRESS: CaliforniaLegal@MCMCG.COM By: Dora Perez, Deputy
ATTORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
STREET ADDRESS: 801 10TH STREET
MAILING ADDRESS: 801 10TH STREET
CITY AND ZIP CODE: MODESTO, CA 95354
BRANCH NAME: MODESTO COURTHOUSE - CIVIL DIVISION
CASE NAME: MIDLAND CREDIT MANAGEMENT, INC. vs. LORI THOMAS
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: CV-24-003192
â–¡ ~ Limited Case
Unlimited Case
(Amount demanded (Amount demanded
â–¡ Counter
â–¡
Joinder
Filed with first appearance by defendant JUDGE:
exceeds $35,000) is $35,000 or less) (Cal. Rules of Court, rule 3.402)
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
â–¡ Uninsured motorist (46)
Auto (22)
â–¡ Rule 3.740 collections (09)
Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
â–¡ ~ â–¡ Construction
Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property
â–¡ Insurance coverage (18)
Other collections (09) â–¡ Mass tort (40)defect (10)
Damage/Wrongful Death) Tort
â–¡ Other contract (37) â–¡ Securities litigation (28)
â–¡ Product liability (24)
Asbestos (04)
â–¡ â–¡ Environmental/Toxic tort (30)
â–¡ Medical Real Property â–¡ Insurance
â–¡ Other PI/PD/WD
malpractice (45)
â–¡ above listedcoverage
â–¡ (23) B Eminent domain/Inverse condemnation (14)
Wrongful eviction (33)
types (41)
claims arising from the
provisionally complex case
Non-PI/PD/WD (Other) Tort
â–¡ Other real property (26)
Enforcement of Judgment
â–¡ Civil
Business tort/unfair business practice (07) Unlawful Detainer
â–¡ Enforcement of judgment (20)
â–¡ Defamation
rights (08)
â–¡ Residential (32)
Commercial (31)
Miscellaneous Civil Complaint
â–¡ Fraud (16) (13) â–¡ Drugs (38) â–¡ Other
RICO (27)
â–¡ Intellectual property (19) â–¡ â–¡ complaint (not specified above) (42)
â–¡ Professional negligence (25) Judicial Review Miscellaneous Civil Petition
â–¡ Other non-PI/PD/WD tort (35) â–¡ Petition
Asset forfeiture (05)
â–¡ Other
Partnership and corporate governance (21)
â–¡ â–¡ Writ of mandate
re: arbitration award (11)
â–¡ petition (not specified above) (43)
Employment
â–¡ Other judicial review
(02)
R Wrongful termination (36)
Other employment (15)
â–¡ (39)
2. This case LJ 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:
B
a.
b.
Large number of separately represented parties
Extensive motion practice raising difficult or novel
issues that will be time-consuming to resolve
d.
e. B Large number of witnesses
Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
c.
â–¡ Substantial amount of documentary evidence f.
â–¡ Substantial post judgment judicial supervision
3. Remedies sought (check all that apply): a.
4. Number of causes of action (specify): 1
monetary b.
â–¡ non monetary; declaratory or injunctive relief c.
â–¡ punitive
5. This case
â–¡ 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 19, 2024
ROBERT K. HANNA /
MICHAEL D. KAHN /
LAMONT FREEMAN
a JUNQIAO XIAO
HYO JIN JULIA JUNG
(TYPE OR PRINT NAME)
â–º Junq iao Xiao,. Es,q.
(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.
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]
CA_0100G File No.: 24-71763 SCP
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 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 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 wrongful eviction) Claims Involving Mass Tort (40)
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/ 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 book case type listed above) (41)
Damage/Wrongful Death)
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 Unlawful Detainer Mechanics Lien
Non-PI/PD/WD (Other) Tort Commercial (31) Other Commercial Complaint
Business Tort/Unfair Business Residential (32) Case (non-tort/non-complex)
Practice (07) Drugs (38) (if the case involves illegal Other Civil Complaint
Civil Rights (e.g., discrimination, drugs, check this item; otherwise, report (non-tort/non-complex)
false arrest) (not civil as Commercial or Residential) Miscellaneous Civil Petition
harassment) (08) Judicial Review Partnership and Corporate
Defamation (e.g., slander, libel) Asset Forfeiture (05) Governance (21)
(13) Petition Re: Arbitration Award (11) Other Petition (not specified above)
Fraud (16) Writ of Mandate (02) (43)
Intellectual Property (19) Writ—Administrative Mandamus Civil Harassment
Professional Negligence (25) Writ—Mandamus on Limited Court Workplace Violence
Legal Malpractice Case Matter Elder/Dependent Adult
Other Professional Malpractice Writ—Other Limited Court Case Abuse
(non medical or legal) Review Election Contest
Other Non-PI/PD/WD Tort (35) Other Judicial Review (39) Petition for Name Change
Employment Review of Health Officer Order Petition for Relief from Late
Wrongful Termination (36) Notice of Appeal—Labor Claim
Other Employment (15) Commissioner Appeals Other Civil Petition
CM-010 [Rev. January 1, 2024] Page 2 of 2
CIVIL CASE COVER SHEET
CA_0100G File No.: 24-71763 SCP
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CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ROBERT K. HANNA, State Bar No.: 341970 / JUNQIAO XIAO, State Bar No.: 341670 / HYO JIN JULIA JUNG, State Bar No.: 316090 / MICHAEL D. KAHN, State Bar No.: 236898 / LAMONT FREEMAN, State Bar No.: 349862 Electronically Filed Midland Credit Management, Inc. 4/25/2024 10:10 AM 350 CAMINO DE LA REINA, SUITE 100 Superior Court of California SAN DIEGO, CA 92108 County of Stanislaus California Debt Collection License #10644-99 TELEPHONE NO.: (866) 300-8750 FAX NO.: (858) 309-1588 Clerk of the Court E-MAIL ADDRESS: CaliforniaLegal@MCMCG.COM By: Dora Perez, Deputy ATTORNEY FOR (Name): MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS STREET ADDRESS: 801 10TH STREET MAILING ADDRESS: 801 10TH STREET CITY AND ZIP CODE: MODESTO, CA 95354 BRANCH NAME: MODESTO COURTHOUSE - CIVIL DIVISION CASE NAME: MIDLAND CREDIT MANAGEMENT, INC. vs. LORI THOMAS CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: CV-24-003192 □ ~ Limited Case Unlimited Case (Amount demanded (Amount demanded □ Counter □ Joinder Filed with first appearance by defendant JUDGE: exceeds $35,000) is $35,000 or less) (Cal. Rules of Court, rule 3.402) 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 □ Uninsured motorist (46) Auto (22) □ Rule 3.740 collections (09) Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) □ ~ □ Construction Antitrust/Trade regulation (03) Other PI/PD/WD (Personal Injury/Property □ Insurance coverage (18) Other collections (09) □ Mass tort (40)defect (10) Damage/Wrongful Death) Tort □ Other contract (37) □ Securities litigation (28) □ Product liability (24) Asbestos (04) □ □ Environmental/Toxic tort (30) □ Medical Real Property □ Insurance □ Other PI/PD/WD malpractice (45) □ above listedcoverage □ (23) B Eminent domain/Inverse condemnation (14) Wrongful eviction (33) types (41) claims arising from the provisionally complex case Non-PI/PD/WD (Other) Tort □ Other real property (26) Enforcement of Judgment □ Civil Business tort/unfair business practice (07) Unlawful Detainer □ Enforcement of judgment (20) □ Defamation rights (08) □ Residential (32) Commercial (31) Miscellaneous Civil Complaint □ Fraud (16) (13) □ Drugs (38) □ Other RICO (27) □ Intellectual property (19) □ □ complaint (not specified above) (42) □ Professional negligence (25) Judicial Review Miscellaneous Civil Petition □ Other non-PI/PD/WD tort (35) □ Petition Asset forfeiture (05) □ Other Partnership and corporate governance (21) □ □ Writ of mandate re: arbitration award (11) □ petition (not specified above) (43) Employment □ Other judicial review (02) R Wrongful termination (36) Other employment (15) □ (39) 2. This case LJ 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: B a. b. Large number of separately represented parties Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve d. e. B Large number of witnesses Coordination with related actions pending in one or more courts 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. 4. Number of causes of action (specify): 1 monetary b. □ non monetary; declaratory or injunctive relief c. □ punitive 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 19, 2024 ROBERT K. HANNA / MICHAEL D. KAHN / LAMONT FREEMAN a JUNQIAO XIAO HYO JIN JULIA JUNG (TYPE OR PRINT NAME) ► Junq iao Xiao,. Es,q. (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. 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] CA_0100G File No.: 24-71763 SCP 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 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 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 wrongful eviction) Claims Involving Mass Tort (40) 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/ 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 book case type listed above) (41) Damage/Wrongful Death) 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 Unlawful Detainer Mechanics Lien Non-PI/PD/WD (Other) Tort Commercial (31) Other Commercial Complaint Business Tort/Unfair Business Residential (32) Case (non-tort/non-complex) Practice (07) Drugs (38) (if the case involves illegal Other Civil Complaint Civil Rights (e.g., discrimination, drugs, check this item; otherwise, report (non-tort/non-complex) false arrest) (not civil as Commercial or Residential) Miscellaneous Civil Petition harassment) (08) Judicial Review Partnership and Corporate Defamation (e.g., slander, libel) Asset Forfeiture (05) Governance (21) (13) Petition Re: Arbitration Award (11) Other Petition (not specified above) Fraud (16) Writ of Mandate (02) (43) Intellectual Property (19) Writ—Administrative Mandamus Civil Harassment Professional Negligence (25) Writ—Mandamus on Limited Court Workplace Violence Legal Malpractice Case Matter Elder/Dependent Adult Other Professional Malpractice Writ—Other Limited Court Case Abuse (non medical or legal) Review Election Contest Other Non-PI/PD/WD Tort (35) Other Judicial Review (39) Petition for Name Change Employment Review of Health Officer Order Petition for Relief from Late Wrongful Termination (36) Notice of Appeal—Labor Claim Other Employment (15) Commissioner Appeals Other Civil Petition CM-010 [Rev. January 1, 2024] Page 2 of 2 CIVIL CASE COVER SHEET CA_0100G File No.: 24-71763 SCP