Preview
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Sunny Lee, SBN 326153 Hootan Atefyekta, SBN 311437
Robert S. Cox, SBN 290268 Julie M. VanderNoor Urner, SBN 220178
Shane T. Wate, SBN 302738 Thomas J. Sebourn, SBN 279272 Electronically Filed
James P. Garrett, SBN 256060 4/30/2024 8:00 AM
SUTTELL & HAMMER, APC Superior Court of California
P.O. Box C-90006
Bellevue, WA 98009
County of Stanislaus
TELEPHONE NO.: (425) 455-8220/ (888) 788-8355 FAX NO. (Optional): (425) 453-3239 Clerk of the Court
E-MAIL ADDRESS: california@suttelllaw.com By: Natalie Rudel, Deputy
ATTORNEY FOR (Name): DISCOVER BANK
CA DFPI Debt Collector License No. 10604-99
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
STREET ADDRESS: 801 10th Street, 4th Fl
MAILING ADDRESS:
CITY AND ZIP CODE: Modesto CA 95354
BRANCH NAME: City Towers Courthouse
CASE NAME:
DISCOVER BANK v. DANIEL A WENDALL
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
( ) Unlimited (X) Limited
CV-24-003292
[ ] Counter [ ] Joinder
(Amount demanded (Amount demanded 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 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 Regulations (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
Non-PI/PD/WD (Other) Tort [ ] Wrongful eviction (33) 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 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 and 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 court
c. [ ] Substantial amount of documentary evidence f. [ ] Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. [X] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ] punitive
4. Number of causes on action (specify): 2
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 cases. (You may use form CM-015.)
April 25, 2024
Dated ___________________________________
( X) Sunny Lee, SBN 326153 ( ) Hootan Atefyekta, SBN 311437
( ) Robert S. Cox, SBN 290268 ( ) Thomas J. Sebourn, SBN 279272
( ) Shane T. Wate, SBN 302738 ( ) Julie M. VanderNoor Urner, SBN 220178
( ) James P. Garrett, SBN 256060 SignHere__
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OF 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 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.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 you 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
Preview
CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Sunny Lee, SBN 326153 Hootan Atefyekta, SBN 311437 Robert S. Cox, SBN 290268 Julie M. VanderNoor Urner, SBN 220178 Shane T. Wate, SBN 302738 Thomas J. Sebourn, SBN 279272 Electronically Filed James P. Garrett, SBN 256060 4/30/2024 8:00 AM SUTTELL & HAMMER, APC Superior Court of California P.O. Box C-90006 Bellevue, WA 98009 County of Stanislaus TELEPHONE NO.: (425) 455-8220/ (888) 788-8355 FAX NO. (Optional): (425) 453-3239 Clerk of the Court E-MAIL ADDRESS: california@suttelllaw.com By: Natalie Rudel, Deputy ATTORNEY FOR (Name): DISCOVER BANK CA DFPI Debt Collector License No. 10604-99 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS STREET ADDRESS: 801 10th Street, 4th Fl MAILING ADDRESS: CITY AND ZIP CODE: Modesto CA 95354 BRANCH NAME: City Towers Courthouse CASE NAME: DISCOVER BANK v. DANIEL A WENDALL CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: ( ) Unlimited (X) Limited CV-24-003292 [ ] Counter [ ] Joinder (Amount demanded (Amount demanded 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 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 Regulations (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 Non-PI/PD/WD (Other) Tort [ ] Wrongful eviction (33) 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 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 and 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 court c. [ ] Substantial amount of documentary evidence f. [ ] Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. [X] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ] punitive 4. Number of causes on action (specify): 2 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 cases. (You may use form CM-015.) April 25, 2024 Dated ___________________________________ ( X) Sunny Lee, SBN 326153 ( ) Hootan Atefyekta, SBN 311437 ( ) Robert S. Cox, SBN 290268 ( ) Thomas J. Sebourn, SBN 279272 ( ) Shane T. Wate, SBN 302738 ( ) Julie M. VanderNoor Urner, SBN 220178 ( ) James P. Garrett, SBN 256060 SignHere__ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OF 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 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.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 you 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