Preview
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
JANET L. BROWN CA# 208602 / DOUGLAS S. WALLACE CA# 331705 / ERIC A. WHITAKER CA# 208391
ZWICKER & ASSOCIATES, P.C., A Law Firm Engaged in Debt Collection
1220 CONCORD AVENUE, SUITE 220
Electronically Filed
CONCORD, CA 94520 4/25/2024 9:21 AM
TELEPHONE NO.: (925)689-7070 FAX NO.: (925)689-7077
Superior Court of California
E-MAIL ADDRESS: ZACNLITIGATION@ZWICKERPC.COM
County of Stanislaus
ATTORNEY FOR (Name): AMERICAN EXPRESS NATIONAL BANK AS ATTORNEY IN FACT FOR Clerk of the Court
NBSF II 2021
SUPERIOR TRUST
COURT OF CALIFORNIA, COUNTY OF STANISLAUS By: Natalie Rudel, Deputy
STREET ADDRESS: 801 10TH STREET,4TH FLOOR
MAILING ADDRESS: 801 10TH STREET,4TH FLOOR
CITY AND ZIP CODE: MODESTO, CA 95354
BRANCH NAME: STANISLAUS
CASE NAME:
AMERICAN EXPRESS NATIONAL BANK AS ATTORNEY IN FACT FOR NBSF II 2021 TRUST v
EVANS POWERSPORTS, LLC and RONALD EVANS, and DOES 1-10, inclusive
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: CV-24-003185
Unlimited X Limited Counter Joinder
(Amount (Amount JUDGE:
demanded demanded is Filed with first appearance by defendant (Cal. Rules of
DEPT:
exceeds $35,000) $35,000 or less) 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 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) Real Property Environmental/Toxic tort (30)
Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the
Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case types
Non-PI/PD/WD (Other) Tort Wrongful eviction (33) (41)
Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment
Unlawful Detainer Enforcement of judgment (20)
Civil rights (08)
Commercial (31) Miscellaneous Civil Complaint
Defamation (13)
Residential (32) RICO (27)
Fraud (16)
Drugs (38) Other complaint (not specified above) (42)
Intellectual property (19)
Judicial Review Miscellaneous Civil Petition
Professional negligence (25)
Asset forfeiture (05) Partnership and corporate governance (21)
Other non-PI/PD/WD tort (35)
Petition re: arbitration award (11) Other petition (not specified above) (43)
Employment
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 in
issues that will be time-consuming to resolve other counties, states, or countries, or in a federal court
c. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. monetary b. nonmonetary; 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: 04/10/24
[ ] JANET L. BROWN #208602 [ ] ERIC A. WHITAKER #208391
X
[ ] DOUGLAS S. WALLACE #331705 Douglas Wallace
(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.courtinfo.ca.gov
261742030640
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. 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 Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach–Seller Plaintiff Securities Litigation (28)
arbitration, check this item (not fraud or negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41)
Tort Collections (e.g., money owed, open Enforcement of Judgment
Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case–Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal Injury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provisionally domestic 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
Other PI/PD/WD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified above)
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) (42)
Intentional Infliction of Emotional Writ of Possession of Real Property Declaratory Relief Only
Distress Mortgage Foreclosure Injunctive Relief Only (non-
Negligent Infliction of Quiet Title harassment)
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other PI/PD/WD domain, landlord/tenant, or Other Commercial Complaint
Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) Commercial (31) (non-tort/non-complex)
Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate
harassment) (08) drugs, check this item; otherwise, Governance (21)
Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified
(13) Judicial Review above) (43)
Fraud (16) Asset Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult
Legal Malpractice Writ–Administrative Mandamus Abuse
Other Professional Malpractice Writ–Mandamus on Limited Court Case Election Contest
(not medical or legal) Matter Petition for Name Change
Other Non-PI/PD/WD Tort (35) Writ–Other Limited Court Case Petition for Relief From Late
Employment Review Claim
Wrongful Termination (36) Other Other Judicial Review (39) Other Civil Petition
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
261742030640
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CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY JANET L. BROWN CA# 208602 / DOUGLAS S. WALLACE CA# 331705 / ERIC A. WHITAKER CA# 208391 ZWICKER & ASSOCIATES, P.C., A Law Firm Engaged in Debt Collection 1220 CONCORD AVENUE, SUITE 220 Electronically Filed CONCORD, CA 94520 4/25/2024 9:21 AM TELEPHONE NO.: (925)689-7070 FAX NO.: (925)689-7077 Superior Court of California E-MAIL ADDRESS: ZACNLITIGATION@ZWICKERPC.COM County of Stanislaus ATTORNEY FOR (Name): AMERICAN EXPRESS NATIONAL BANK AS ATTORNEY IN FACT FOR Clerk of the Court NBSF II 2021 SUPERIOR TRUST COURT OF CALIFORNIA, COUNTY OF STANISLAUS By: Natalie Rudel, Deputy STREET ADDRESS: 801 10TH STREET,4TH FLOOR MAILING ADDRESS: 801 10TH STREET,4TH FLOOR CITY AND ZIP CODE: MODESTO, CA 95354 BRANCH NAME: STANISLAUS CASE NAME: AMERICAN EXPRESS NATIONAL BANK AS ATTORNEY IN FACT FOR NBSF II 2021 TRUST v EVANS POWERSPORTS, LLC and RONALD EVANS, and DOES 1-10, inclusive CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: CV-24-003185 Unlimited X Limited Counter Joinder (Amount (Amount JUDGE: demanded demanded is Filed with first appearance by defendant (Cal. Rules of DEPT: exceeds $35,000) $35,000 or less) 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 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) Real Property Environmental/Toxic tort (30) Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case types Non-PI/PD/WD (Other) Tort Wrongful eviction (33) (41) Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment Unlawful Detainer Enforcement of judgment (20) Civil rights (08) Commercial (31) Miscellaneous Civil Complaint Defamation (13) Residential (32) RICO (27) Fraud (16) Drugs (38) Other complaint (not specified above) (42) Intellectual property (19) Judicial Review Miscellaneous Civil Petition Professional negligence (25) Asset forfeiture (05) Partnership and corporate governance (21) Other non-PI/PD/WD tort (35) Petition re: arbitration award (11) Other petition (not specified above) (43) Employment 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 in issues that will be time-consuming to resolve other counties, states, or countries, or in a federal court c. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. monetary b. nonmonetary; 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: 04/10/24 [ ] JANET L. BROWN #208602 [ ] ERIC A. WHITAKER #208391 X [ ] DOUGLAS S. WALLACE #331705 Douglas Wallace (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.courtinfo.ca.gov 261742030640 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. 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 Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach–Seller Plaintiff Securities Litigation (28) arbitration, check this item (not fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case–Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County) Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provisionally domestic 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 Other PI/PD/WD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified above) (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) (42) Intentional Infliction of Emotional Writ of Possession of Real Property Declaratory Relief Only Distress Mortgage Foreclosure Injunctive Relief Only (non- Negligent Infliction of Quiet Title harassment) Emotional Distress Other Real Property (not eminent Mechanics Lien Other PI/PD/WD domain, landlord/tenant, or Other Commercial Complaint Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tort/non-complex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) Commercial (31) (non-tort/non-complex) Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate harassment) (08) drugs, check this item; otherwise, Governance (21) Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified (13) Judicial Review above) (43) Fraud (16) Asset Forfeiture (05) Civil Harassment Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult Legal Malpractice Writ–Administrative Mandamus Abuse Other Professional Malpractice Writ–Mandamus on Limited Court Case Election Contest (not medical or legal) Matter Petition for Name Change Other Non-PI/PD/WD Tort (35) Writ–Other Limited Court Case Petition for Relief From Late Employment Review Claim Wrongful Termination (36) Other Other Judicial Review (39) Other Civil Petition 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 261742030640