Preview
CM-010
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Hunt & Henriques, LLP
Donald Sherrill #266038 VWlliam Bliss #341046 | |
7017 Realm Drive, San José, CA 951 19
CA Debt Collection License No. 10136-99 ELECTRONICALLY FILED
TELEPHONE No: (800) 680-2426
SUPERIOR COURT OF CALIFORNIA
FAX No.: (408) 362-2299
COUNTY OF SAN BERNARDINO
ATrORNEY FOR (Name): Plaintiff
SAN BERNARDINO DISTRICT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 West Third Street 5/24/2024 2:23 PM
MAILING ADDRESS:
CITY AND ZIP CODE: San Bérnardino CA 92415-0210 By: Ronaldo Gurrola, DEPUTY
BRANCH NAME: San Bernardino District-Civil Division
CASE NAME: JPMorgan Chase Bank, N.A. v. MATTHEW T DUARTE
CIVIL CASE COVER SHEET CASE NUMBER:
D Unlimited
(Amount
Limited
(Amount
E Complex Case Designation
Counter E Joinder
JUDGE:
CIVSB2416901
demanded demanded is Filed with first appearance by defendant
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 2L
1. Check one box below for the case type that best describes this case:
E
Auto Tort
E Auto(22)
Uninsured Motorist (46)
Contract
Breach of contract/warranty (06)
Rule 3.740 collections (09)
Provisionally Complex Civil Litigation
(Cal.Rules of Court, rules 3.400-3.403)
Antitrust/Trade regulation (03)
UUDBU Other collections (09) Construction defect (10)
Other PIIPD/WD (Personal lnjury/Property
Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40)
EDDDDD
Other contract (37) Securities litigation (28)
Asbestos (O4)
Product EnvironmentaI/Toxic tort (30)
liability (24) Real Property
Insurance coverage claims arising from the
E Medical malpractice (45)
OtherPI/PDNVD(23)
D
Eminent domain/Inverse
condemnation (14)
above
types (41)
listed provisionally complex case
Non-PIIPDNVD (Other) Tort
Business torL/unfair business practice (O7) E Wrongful eviction (33)
Other real property (26)
Enforcement of Judgment
Enforcement of judgment (20)
Civil rights (08)
Defamation (13) E
Unlawful Detainer
E Commercial (31)
Miscellaneous
RICO
Civil
(27)
Complaint
DUDEEUU Fraud (16)
Intellectual property (19)
Professional negligence (25)
D
Judicial
Residential (32)
Drugs (38)
Review
Other complaint (not specified above) (42)
Miscellaneous Civil Petition
Partnership and corporate governance (21)
Other non-PI/PDNVD tort (35) Asset forfeiture (05) Other petition (not specified above) (43)
E
Employment
Wrongful termination (36)
Other employment
E
E
Petition re: arbitration
Writ of mandate (02)
award (1 1)
2. This case E is
(1 5)
is not complex under
Otherjudicial review (39)
rule 3.400 ofthe California Rules of Court. lfthe case is complex, mark the
a
b.
E
factors requiring exceptional judicial
E Large number of separately represented parties
Extensive motion practice raising difficult or novel
management:
d.
e.
E Large number ofwitnesses
Coordination with related actions pending in one or more courts
c. E issues that
Substantial
wi||
amount
be time-consuming
of documentary evidence
to resolve
E in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
m
f.
Remedies sought (check
Number
al/ that apply): a. monetary b. E nonmonetary; declaratory or injunctive relief cg punitive
@9195»
.
This case
If there are any
of
E m
causes of action (speciM:
is
known
is
related cases, file
not
1
a class action suit.
and serve a notice of related case. (You may use form CM—015)
I’
Date: April 23, 2024
\Mlliam Bliss #341046 }
(TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY FOR PARTY)
NOTICE
a must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
Plaintiff
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.
o cover sheet in addition to any cover sheet required by local court rule.
File this
o If 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
this
padies to the action or proceeding. Page1 on
o 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 Mandatory Use Rules of Coun. rules 2.30. 3.220, 3400-3403, 3.740;
for
Judicial Council of California
CIVIL CASE COVER SHEET Cal.
Cal. Standards of Judicial Administrafion, std. 3.10
CM-010 [Rev. January 1, 2024]
1568967001
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. lf 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 Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
in
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 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. 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)—Persona| InjurylPropeny Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403)
Damage/Wrongful Death Breach of RenlaI/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)
moton'st claim subject to Contract/Warranty Breach—Seller Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) EnvironmentallToxic Tort (30)
instead of Auto) Negligent Breach of Contract! Insurance Coverage Claims
Other Pl/PDNVD (Personal Injuryl Warranty (arising from provisionally complex
Property Damageerongful 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 (axes)
Physicians 8. Surgeons Other Contract (37) Petition/Cenification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PI/PDNVD (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
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42)
'
Intentional Infliction of Writ of Possession of Real Propeny Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non-
Negligent lnfliction of Quiet Title harassment)
Emotional Distress Other Real Property (no! eminent Mechanics Lien
Other Pl/PD/WD domain, Iand/ord/tenant, or Other Commercial Complaint
Non-PIIPDNVD (Other) Tort foreclosure) Case (non—tort/non-comp/ex)
Business Torl/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
faIse arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate
harassment) (08) drugs, check this item; othen/vise, 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
Property (19)
Intellectual Petition Re: Arbitration Award (11) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) EIder/Dependent Adult
Legal Malpractice Writ-Administrative Mandamus Abuse
Other Professional Malpractice Wril—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
CMI010 (Rev. January 1, 2024] Page 2 of 2
CIVIL CASE COVER SHEET
1568967001
Preview
CM-010 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Hunt & Henriques, LLP Donald Sherrill #266038 VWlliam Bliss #341046 | | 7017 Realm Drive, San José, CA 951 19 CA Debt Collection License No. 10136-99 ELECTRONICALLY FILED TELEPHONE No: (800) 680-2426 SUPERIOR COURT OF CALIFORNIA FAX No.: (408) 362-2299 COUNTY OF SAN BERNARDINO ATrORNEY FOR (Name): Plaintiff SAN BERNARDINO DISTRICT SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 West Third Street 5/24/2024 2:23 PM MAILING ADDRESS: CITY AND ZIP CODE: San Bérnardino CA 92415-0210 By: Ronaldo Gurrola, DEPUTY BRANCH NAME: San Bernardino District-Civil Division CASE NAME: JPMorgan Chase Bank, N.A. v. MATTHEW T DUARTE CIVIL CASE COVER SHEET CASE NUMBER: D Unlimited (Amount Limited (Amount E Complex Case Designation Counter E Joinder JUDGE: CIVSB2416901 demanded demanded is Filed with first appearance by defendant 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 2L 1. Check one box below for the case type that best describes this case: E Auto Tort E Auto(22) Uninsured Motorist (46) Contract Breach of contract/warranty (06) Rule 3.740 collections (09) Provisionally Complex Civil Litigation (Cal.Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) UUDBU Other collections (09) Construction defect (10) Other PIIPD/WD (Personal lnjury/Property Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) EDDDDD Other contract (37) Securities litigation (28) Asbestos (O4) Product EnvironmentaI/Toxic tort (30) liability (24) Real Property Insurance coverage claims arising from the E Medical malpractice (45) OtherPI/PDNVD(23) D Eminent domain/Inverse condemnation (14) above types (41) listed provisionally complex case Non-PIIPDNVD (Other) Tort Business torL/unfair business practice (O7) E Wrongful eviction (33) Other real property (26) Enforcement of Judgment Enforcement of judgment (20) Civil rights (08) Defamation (13) E Unlawful Detainer E Commercial (31) Miscellaneous RICO Civil (27) Complaint DUDEEUU Fraud (16) Intellectual property (19) Professional negligence (25) D Judicial Residential (32) Drugs (38) Review Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other non-PI/PDNVD tort (35) Asset forfeiture (05) Other petition (not specified above) (43) E Employment Wrongful termination (36) Other employment E E Petition re: arbitration Writ of mandate (02) award (1 1) 2. This case E is (1 5) is not complex under Otherjudicial review (39) rule 3.400 ofthe California Rules of Court. lfthe case is complex, mark the a b. E factors requiring exceptional judicial E Large number of separately represented parties Extensive motion practice raising difficult or novel management: d. e. E Large number ofwitnesses Coordination with related actions pending in one or more courts c. E issues that Substantial wi|| amount be time-consuming of documentary evidence to resolve E in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal court m f. Remedies sought (check Number al/ that apply): a. monetary b. E nonmonetary; declaratory or injunctive relief cg punitive @9195» . This case If there are any of E m causes of action (speciM: is known is related cases, file not 1 a class action suit. and serve a notice of related case. (You may use form CM—015) I’ Date: April 23, 2024 \Mlliam Bliss #341046 } (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY FOR PARTY) NOTICE a must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed Plaintiff 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. o cover sheet in addition to any cover sheet required by local court rule. File this o If 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 this padies to the action or proceeding. Page1 on o 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 Mandatory Use Rules of Coun. rules 2.30. 3.220, 3400-3403, 3.740; for Judicial Council of California CIVIL CASE COVER SHEET Cal. Cal. Standards of Judicial Administrafion, std. 3.10 CM-010 [Rev. January 1, 2024] 1568967001 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. lf 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 Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money in 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 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. 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)—Persona| InjurylPropeny Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403) Damage/Wrongful Death Breach of RenlaI/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) moton'st claim subject to Contract/Warranty Breach—Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) EnvironmentallToxic Tort (30) instead of Auto) Negligent Breach of Contract! Insurance Coverage Claims Other Pl/PDNVD (Personal Injuryl Warranty (arising from provisionally complex Property Damageerongful 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 (axes) Physicians 8. Surgeons Other Contract (37) Petition/Cenification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax Malpractice Other Contract Dispute Other Enforcement of Judgment Other PI/PDNVD (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 (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) ' Intentional Infliction of Writ of Possession of Real Propeny Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non- Negligent lnfliction of Quiet Title harassment) Emotional Distress Other Real Property (no! eminent Mechanics Lien Other Pl/PD/WD domain, Iand/ord/tenant, or Other Commercial Complaint Non-PIIPDNVD (Other) Tort foreclosure) Case (non—tort/non-comp/ex) Business Torl/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 faIse arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate harassment) (08) drugs, check this item; othen/vise, 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 Property (19) Intellectual Petition Re: Arbitration Award (11) Workplace Violence Professional Negligence (25) Writ of Mandate (02) EIder/Dependent Adult Legal Malpractice Writ-Administrative Mandamus Abuse Other Professional Malpractice Wril—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 CMI010 (Rev. January 1, 2024] Page 2 of 2 CIVIL CASE COVER SHEET 1568967001