Preview
CM-010
ATrORNEY 0R PARTY MTHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Hunt & Henriques, LLP
Donald Sherrill #266038 Brian Langedyk #337250 | |
7017 Realm Drive, San José, CA 951 19
CA Debt Collection License No. 10136-99
TELEPHONE No: (800) 680-2426 FAX No.: (408) 362-2299 ELECTRONICALLY FILED
ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 West Third Street SAN BERNARDINO DISTRICT
MAILING ADDRESS:
CITY AND ZIP CODE: San Bernardino CA 9241 5-021 0 5/24/2024 2:50 PM
’
BRANCH NAME: San Bernardino District-Civil Division
By: Elizabeth Ramirez, DEPUTY
CASE NAME: Portfolio Recovery Associates, LLC v. SYLVIA LARA
CASE NUMBER
EC'VIL CASE cofiR SHEET Complex Case Designation
Unlimited
(Amount
demanded
Limited
(Amount
demanded is
D Counter
Filed with first
E
Jomder
appearance by defendant
.
JUDGE:
CIVSB2416912
exceeds $35,000) $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:
E
Auto Tort
E Auto (22) E
Contract
m Breach of contract/warranty (06)
Provisionally Complex Civil Litigation
E
(cal-RU'es 0f court, ru'eS 3-400'3-403)
Uninsured Motorist (46)
Other PI/PDNVD (Personal InjurylProperty E
E
Rule 3.740 collections (09)
Other °°lle°ti°ns (09) E
E]
Antitrust/Trade regulation (03)
conStrUdion defeCt (1 0)
DamageNVrongfuI Death) Tort
Asbestos (04) E Insurance coverage (18)
Other contrad (37) E Mass t0” (40)
Securities litigation (28)
E
E
PrOdUCt ”ability (24)
Medical ma'PraCtice (45)
Regaleperty
Eminentdomai'n/lnverse E Eggsrxz:ZtieIQSEEIEILtsggling from the
- . -
prov'smnany complex case
E
Other PI/PDNVD (23)
Non-Pl/PD/WD (Other) Tort E
E
condemnatignl(14)
wrongfu' ev'd'on (33)
Other real prepeny (26)
E
taybpivsegfitfd
Enforcement of Judgment
E
E
Business
Civil rights (08)
tort/unfair business practice (07)
E
Un'aVVfU' Detainer
D
Enforcement ofjudgment (20)
Miscellaneous Civil Complaint
i:
j
Defamation (13)
Fraud (16) E
E
Commercial
RESidemia' (32)
(31)
D RICO (27)
Other complaint (not specified above) (42)
E
E
Intellectual property (19)
PFOfESSional negligence (25)
Other non-Pl/PD/WD E
Judicial
DVUQS (33)
Review E
D
Miscellaneous Civil Petition
Partnership and corporate governance (21)
E
Employment
tort (35)
E
E
Asset forfeiture (05)
Petition re: arbitration award (11)
Other petition (not specified above) (43)
2.
E]
This case
Wrongful termination (36)
Other employment (15)
Ll is LX_I is not complex under
E Writ of
rule
mandate
Otherjudicial review (39)
(02)
3.400 of the California Rules of Court. If the case is complex, mark the
a.
b.
E
factors requiring exceptional judicial
D Large number of separately represented parties
Extensive motion practice raising difficult or novel
management:
d.
e.
E
E Large number ofwitnesses
Coordination with related actions pending in one or more courts
c. D issues that
Substantial
will
amount
be time—consuming to resolve
of documentary evidence f. E in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
3. Remedies sought (check
Number
allthatapp/y): am monetary b. E nonmonetary; declaratory or injunctive relief QEpunitive
4.
5A
6.
This case
If
of
there are any
E m
causes of action
is
known related
(specify):
is not
cases
1
a class action
file
suit.
and serve a notice of related case. (You may use-fo?" CM— 015)
Date: April 26 2024
fl?"
\jL/\/‘
Brian Langedyk #337250 b
(TYPE OR PRINT NAME) \(SIG'NfiURE 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.
lf this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy ofthis cover sheet on all other
parties to the action or proceeding. Page 1 0:2
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only.
Form Adopted f0{ Mandatory Use Rules of Court, rules 2.30, 3.220, 3.400—3403, 3.740;
Judicial CounCII of California
ClVIL CASE COVER SHEET Cal.
Cal. Standards of Judicial Administration, std. 3.10
CM-010 [Rev‘ January 1, 2024]
1559677001
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 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
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 iscomplex. 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. lf 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)—Persona| Injury/Propeny Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403)
DamageNVrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (ifthe Contract (not unlawful detainer Construction Defect (1 0)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist 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] Insurance Coverage Claims
Other PIIPDNVD (Personal lnjuryl Warranty (arising from provisionally complex
Property DamageNVrongful 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 Propedy Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal lnjury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (notprovisional/y 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 Tax
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PI/PD/WD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/lnverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PDNVD Wrongful Eviction (33) Other Complaint (not specified
(equ assault, vandalism) Other Real Property (e.g., quiet title) (28) above} (42)
Intentionai Infliction of Writ of Possession of Real Property Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non-
Negligent lnfliction of Quiet Title harassment)
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other PIIPDNVD domain, landlord/tenant, or Other Commercial Complaint
Non-Pl/PDNVD (Other) Tort foreclosure) Case (non-tort/non—complex)
Business Ton/Unfair Business Unlawful Detainer O(her Civil Complaint
Practice (07) Commercial (31) (non-ton/non—comp/ex)
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) (O8) drugs, check this item; othervw'se, 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 (1 9) Petition Re: Arbitration Award (1 1) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) EIder/Dependent Adult
Legal Malpractice Writ—Administrative Mandamus Abuse
Other Professional Malpractice Writ—Mandamus on Limited Court Election Contest
(not medical or legal) Case 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 Judicial Review (39) Other Civil Petition
Other Employment (1 5) Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
CM-O1O [Rev. January 2024] Page 2 of 2
1‘
CIVIL CASE COVER SHEET
1559677001
Preview
CM-010 ATrORNEY 0R PARTY MTHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Hunt & Henriques, LLP Donald Sherrill #266038 Brian Langedyk #337250 | | 7017 Realm Drive, San José, CA 951 19 CA Debt Collection License No. 10136-99 TELEPHONE No: (800) 680-2426 FAX No.: (408) 362-2299 ELECTRONICALLY FILED ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 West Third Street SAN BERNARDINO DISTRICT MAILING ADDRESS: CITY AND ZIP CODE: San Bernardino CA 9241 5-021 0 5/24/2024 2:50 PM ’ BRANCH NAME: San Bernardino District-Civil Division By: Elizabeth Ramirez, DEPUTY CASE NAME: Portfolio Recovery Associates, LLC v. SYLVIA LARA CASE NUMBER EC'VIL CASE cofiR SHEET Complex Case Designation Unlimited (Amount demanded Limited (Amount demanded is D Counter Filed with first E Jomder appearance by defendant . JUDGE: CIVSB2416912 exceeds $35,000) $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: E Auto Tort E Auto (22) E Contract m Breach of contract/warranty (06) Provisionally Complex Civil Litigation E (cal-RU'es 0f court, ru'eS 3-400'3-403) Uninsured Motorist (46) Other PI/PDNVD (Personal InjurylProperty E E Rule 3.740 collections (09) Other °°lle°ti°ns (09) E E] Antitrust/Trade regulation (03) conStrUdion defeCt (1 0) DamageNVrongfuI Death) Tort Asbestos (04) E Insurance coverage (18) Other contrad (37) E Mass t0” (40) Securities litigation (28) E E PrOdUCt ”ability (24) Medical ma'PraCtice (45) Regaleperty Eminentdomai'n/lnverse E Eggsrxz:ZtieIQSEEIEILtsggling from the - . - prov'smnany complex case E Other PI/PDNVD (23) Non-Pl/PD/WD (Other) Tort E E condemnatignl(14) wrongfu' ev'd'on (33) Other real prepeny (26) E taybpivsegfitfd Enforcement of Judgment E E Business Civil rights (08) tort/unfair business practice (07) E Un'aVVfU' Detainer D Enforcement ofjudgment (20) Miscellaneous Civil Complaint i: j Defamation (13) Fraud (16) E E Commercial RESidemia' (32) (31) D RICO (27) Other complaint (not specified above) (42) E E Intellectual property (19) PFOfESSional negligence (25) Other non-Pl/PD/WD E Judicial DVUQS (33) Review E D Miscellaneous Civil Petition Partnership and corporate governance (21) E Employment tort (35) E E Asset forfeiture (05) Petition re: arbitration award (11) Other petition (not specified above) (43) 2. E] This case Wrongful termination (36) Other employment (15) Ll is LX_I is not complex under E Writ of rule mandate Otherjudicial review (39) (02) 3.400 of the California Rules of Court. If the case is complex, mark the a. b. E factors requiring exceptional judicial D Large number of separately represented parties Extensive motion practice raising difficult or novel management: d. e. E E Large number ofwitnesses Coordination with related actions pending in one or more courts c. D issues that Substantial will amount be time—consuming to resolve of documentary evidence f. E in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal court 3. Remedies sought (check Number allthatapp/y): am monetary b. E nonmonetary; declaratory or injunctive relief QEpunitive 4. 5A 6. This case If of there are any E m causes of action is known related (specify): is not cases 1 a class action file suit. and serve a notice of related case. (You may use-fo?" CM— 015) Date: April 26 2024 fl?" \jL/\/‘ Brian Langedyk #337250 b (TYPE OR PRINT NAME) \(SIG'NfiURE 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. lf this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy ofthis cover sheet on all other parties to the action or proceeding. Page 1 0:2 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. Form Adopted f0{ Mandatory Use Rules of Court, rules 2.30, 3.220, 3.400—3403, 3.740; Judicial CounCII of California ClVIL CASE COVER SHEET Cal. Cal. Standards of Judicial Administration, std. 3.10 CM-010 [Rev‘ January 1, 2024] 1559677001 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 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 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 iscomplex. 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. lf 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)—Persona| Injury/Propeny Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403) DamageNVrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (ifthe Contract (not unlawful detainer Construction Defect (1 0) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist 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] Insurance Coverage Claims Other PIIPDNVD (Personal lnjuryl Warranty (arising from provisionally complex Property DamageNVrongful 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 Propedy Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal lnjury/ Other Promissory Note/Collections County) Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (notprovisional/y 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 Tax Malpractice Other Contract Dispute Other Enforcement of Judgment Other PI/PD/WD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/lnverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PDNVD Wrongful Eviction (33) Other Complaint (not specified (equ assault, vandalism) Other Real Property (e.g., quiet title) (28) above} (42) Intentionai Infliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non- Negligent lnfliction of Quiet Title harassment) Emotional Distress Other Real Property (not eminent Mechanics Lien Other PIIPDNVD domain, landlord/tenant, or Other Commercial Complaint Non-Pl/PDNVD (Other) Tort foreclosure) Case (non-tort/non—complex) Business Ton/Unfair Business Unlawful Detainer O(her Civil Complaint Practice (07) Commercial (31) (non-ton/non—comp/ex) 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) (O8) drugs, check this item; othervw'se, 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 (1 9) Petition Re: Arbitration Award (1 1) Workplace Violence Professional Negligence (25) Writ of Mandate (02) EIder/Dependent Adult Legal Malpractice Writ—Administrative Mandamus Abuse Other Professional Malpractice Writ—Mandamus on Limited Court Election Contest (not medical or legal) Case 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 Judicial Review (39) Other Civil Petition Other Employment (1 5) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CM-O1O [Rev. January 2024] Page 2 of 2 1‘ CIVIL CASE COVER SHEET 1559677001