Preview
CM-010
ATTORNEY 0R PARTY WITHOUT ATrORNEY (Name, State Bar number, and address): FOR COURT use ONLY
Hunt & Henriques, LLP
Donald Sherrill #266038 Brian Langedyk #337250
l |
7017 Realm Drive, San José, CA 95119 ELECTRONICALLY FILED
CA Debt Collection License No. 101 36—99 SUPERIOR COURT OF CALIFORNIA
TELEPHONE No: (800) 680-2426 FAX N0.: (408) 362—2299 COUNTY OF SAN BERNARDINO
ATTORNEY FOR (Name); Plaintiff SAN BERNARDINO DISTRICT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 West Third Street
5/24/2024 2:45 PM
MAILING ADDRESS:
CITY AND ZIP CODE: San Bernardino CA 92415-0210
By: Isabel Torres, DEPUTY
BRANCH NAME: San Bernardino District-Civil Division
CASE NAME: Portfolio Recovery Associates, LLC v. JORGE SANCHEZ
CIVIL CASE COVER SHEET CASE NUMBER:
Unlimited
(Amount
- Limited
(Amount
E Complex Case Designation
Counter E .
Jonnder
CIVSB2416905
JUDGE?
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 2).
1. Check one box below for the case type that best describes this case:
E
Auto Tort
E Auto (22) D
Contract
[E
Breach of contract/warranty (06)
Provisionally Complex Civil Litigation
E
(Cal-RU'es 0f Court. TU'es 3-400'3-403)
Uninsured Motorist (46)
Other PI/PD/wo (Personal Injury/Propeny E
E
Rule 3.740 collections (09)
Other 0°"edi°"s (09) E
E
Antitrust/Trade regulation (03)
C°”5””°“°” defect (1°)
Damage/Wrongful Death) Tort
Asbestos (04) E Insurance coverage (18)
Other contract (37) E
E
Mass tort (40)
Securities litigation (28)
E
E
Product ”ability (24)
Medical malpractice <45) E
Real Property
Eminent domainunverse D EnVil'OhmentaI/TOXiC
mgT;;g°;g;ggg§;yg;qg;gg
tort (30)
3;";
me
D
Other PI/PD/WD (23)
Non-PI/PD/wo (Other) Tort E
E
condemnatign'(14)
W'°"9f”' eV'°"°" (33)
Other real pmpeny (26)
types (41)
Enforcement ofJudgment
E
E
Business
Civil rights (08)
tort/unfair business practice (07)
D
Unlawful Detainer
‘
E
Enforcement ofjudgment
Miscellaneous Civil Complaint
(20)
E
E
Defamation (13)
Fraud (16) E
E
Commercial
ReSidemia' (32)
Dmgs
(31)
E Rlco (27)
Other complaint (not specified above) (42)
E
E
ImelleCtual PFOPerty (19)
PFOfeSSional negligence (25)
D
Judicial Review
<33)
E
Miscellaneous
E
Civil Petition
Partnership and corporate governance (21)
D
Employment
Other non-PI/PDNVD tort (35)
E
E
Asset forfeiture (o5)
Petition re: arbitration award (1 1)
Other petition (not specified above) (43)
2. This case
Wrongfu| termination (36)
Other employment
E is
(1 5)
is not complex under
D Writ of
rule
mandate
Other judicial review (39)
(02)
3.400 of the California Rules of Court. If the case is complex, mark the
management:
factors requiring exceptional judicial
a.
b.
E
D Large number of separately represented parties
Extensive motion practice raising difficult or novel
d.
e.
E
E Large number of witnesses
Coordination with related actions pending in one or more courts
c. E issues that
Substantial
will be time-consuming to resolve
amount ofdocumentary evidence f. E in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
Remedies sought (check
Number ofcauses
all that apply): a. m monetary b. E nonmonetary; declaratory or injunctive relief c. E punitive
05.0195»
‘
This case
If there are any
E is
known
ofaction (specify):
is
related cases, file
not
1
a class action suit.
and serve a notice of related case. (You may use form CM—015)
Date: April 26, 2024
Brian Langedyk #337250 >
(TYPE 0R PRINT NAME) (WTURE 0F pARTv 0R AWORNEY FOR PARTY)
NOTICE
o 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 File this cover sheet in addition to any cover sheet required by local court rule.
o lfthis case is complex under rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy of this cover sheet on all other
parties to the action or proceeding. Page 1 ofz
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 for Mandatory Use Rules of Court, rules 2,30, 3.220, 3400—3403, 3.740,
Judicial Council of California
CIVIL CASE COVER SHEET Cali
Cal. Standards of Judicial Administration, std. 3'10
CM-010 [Rev. January 1, 2024]
1559467001
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 wiII 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 fi|e 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 rulqs, 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)—Persona| InjurylProperty Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403)
DamageNVrongful Death Breach of Rental/Lease Antitrusthrade Regulafion (03)
Uninsured Motorist (46) (ifthe 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 Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) Environmentalffoxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PIIPDNVD (Personal lnjuryl Warranty (arising from provisionally complex
Property DamageIWrongful 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 Propeny 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) (1 8) 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 PIIPDNVD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse 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.gV, quiet title) (26) above) (42)
Intentional 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-PIIPDNVD (Other) Tort foreclosure) Case (non-tort/non-comp/ex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (O7) Commercial (31) (non-tort/non-comp/ex)
Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (ifthe case involves illegal Partnership and Corporate
harassment) (08) drugs, check this item; otherwise, Governance (21)
Defamation (e.g‘, slander, libel) repon‘ as Commercial or Residential) Other Petition (not specified
(13) Judicial Review above) (43)
Fraud (16) Assex Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (1 1) Workplace Violence
Professional Negligence (25) Writ 0f Mandate (02) EIder/Dependent Adult
Legal Malpractice Writ—Administrafive Mandamus Abuse
Other Professional Malpractice Writ—Mandamus on Limited Court Elecxion 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 Relieffrom 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 AppeaI—Labor
Commissioner Appeals
CM-O10 [Rev. January 2024] Page 2 of 2
1,
CIVIL CASE COVER SHEET
1559467001
Preview
CM-010 ATTORNEY 0R PARTY WITHOUT ATrORNEY (Name, State Bar number, and address): FOR COURT use ONLY Hunt & Henriques, LLP Donald Sherrill #266038 Brian Langedyk #337250 l | 7017 Realm Drive, San José, CA 95119 ELECTRONICALLY FILED CA Debt Collection License No. 101 36—99 SUPERIOR COURT OF CALIFORNIA TELEPHONE No: (800) 680-2426 FAX N0.: (408) 362—2299 COUNTY OF SAN BERNARDINO ATTORNEY FOR (Name); Plaintiff SAN BERNARDINO DISTRICT SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 West Third Street 5/24/2024 2:45 PM MAILING ADDRESS: CITY AND ZIP CODE: San Bernardino CA 92415-0210 By: Isabel Torres, DEPUTY BRANCH NAME: San Bernardino District-Civil Division CASE NAME: Portfolio Recovery Associates, LLC v. JORGE SANCHEZ CIVIL CASE COVER SHEET CASE NUMBER: Unlimited (Amount - Limited (Amount E Complex Case Designation Counter E . Jonnder CIVSB2416905 JUDGE? 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 2). 1. Check one box below for the case type that best describes this case: E Auto Tort E Auto (22) D Contract [E Breach of contract/warranty (06) Provisionally Complex Civil Litigation E (Cal-RU'es 0f Court. TU'es 3-400'3-403) Uninsured Motorist (46) Other PI/PD/wo (Personal Injury/Propeny E E Rule 3.740 collections (09) Other 0°"edi°"s (09) E E Antitrust/Trade regulation (03) C°”5””°“°” defect (1°) Damage/Wrongful Death) Tort Asbestos (04) E Insurance coverage (18) Other contract (37) E E Mass tort (40) Securities litigation (28) E E Product ”ability (24) Medical malpractice <45) E Real Property Eminent domainunverse D EnVil'OhmentaI/TOXiC mgT;;g°;g;ggg§;yg;qg;gg tort (30) 3;"; me D Other PI/PD/WD (23) Non-PI/PD/wo (Other) Tort E E condemnatign'(14) W'°"9f”' eV'°"°" (33) Other real pmpeny (26) types (41) Enforcement ofJudgment E E Business Civil rights (08) tort/unfair business practice (07) D Unlawful Detainer ‘ E Enforcement ofjudgment Miscellaneous Civil Complaint (20) E E Defamation (13) Fraud (16) E E Commercial ReSidemia' (32) Dmgs (31) E Rlco (27) Other complaint (not specified above) (42) E E ImelleCtual PFOPerty (19) PFOfeSSional negligence (25) D Judicial Review <33) E Miscellaneous E Civil Petition Partnership and corporate governance (21) D Employment Other non-PI/PDNVD tort (35) E E Asset forfeiture (o5) Petition re: arbitration award (1 1) Other petition (not specified above) (43) 2. This case Wrongfu| termination (36) Other employment E is (1 5) is not complex under D Writ of rule mandate Other judicial review (39) (02) 3.400 of the California Rules of Court. If the case is complex, mark the management: factors requiring exceptional judicial a. b. E D Large number of separately represented parties Extensive motion practice raising difficult or novel d. e. E E Large number of witnesses Coordination with related actions pending in one or more courts c. E issues that Substantial will be time-consuming to resolve amount ofdocumentary evidence f. E in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal court Remedies sought (check Number ofcauses all that apply): a. m monetary b. E nonmonetary; declaratory or injunctive relief c. E punitive 05.0195» ‘ This case If there are any E is known ofaction (specify): is related cases, file not 1 a class action suit. and serve a notice of related case. (You may use form CM—015) Date: April 26, 2024 Brian Langedyk #337250 > (TYPE 0R PRINT NAME) (WTURE 0F pARTv 0R AWORNEY FOR PARTY) NOTICE o 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 File this cover sheet in addition to any cover sheet required by local court rule. o lfthis case is complex under rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. Page 1 ofz 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 for Mandatory Use Rules of Court, rules 2,30, 3.220, 3400—3403, 3.740, Judicial Council of California CIVIL CASE COVER SHEET Cali Cal. Standards of Judicial Administration, std. 3'10 CM-010 [Rev. January 1, 2024] 1559467001 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 wiII 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 fi|e 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 rulqs, 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)—Persona| InjurylProperty Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403) DamageNVrongful Death Breach of Rental/Lease Antitrusthrade Regulafion (03) Uninsured Motorist (46) (ifthe 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 Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmentalffoxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other PIIPDNVD (Personal lnjuryl Warranty (arising from provisionally complex Property DamageIWrongful 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 Propeny 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) (1 8) 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 PIIPDNVD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/Inverse 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.gV, quiet title) (26) above) (42) Intentional 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-PIIPDNVD (Other) Tort foreclosure) Case (non-tort/non-comp/ex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (O7) Commercial (31) (non-tort/non-comp/ex) Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition false arrest) (not civil Drugs (38) (ifthe case involves illegal Partnership and Corporate harassment) (08) drugs, check this item; otherwise, Governance (21) Defamation (e.g‘, slander, libel) repon‘ as Commercial or Residential) Other Petition (not specified (13) Judicial Review above) (43) Fraud (16) Assex Forfeiture (05) Civil Harassment Intellectual Property (19) Petition Re: Arbitration Award (1 1) Workplace Violence Professional Negligence (25) Writ 0f Mandate (02) EIder/Dependent Adult Legal Malpractice Writ—Administrafive Mandamus Abuse Other Professional Malpractice Writ—Mandamus on Limited Court Elecxion 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 Relieffrom 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 AppeaI—Labor Commissioner Appeals CM-O10 [Rev. January 2024] Page 2 of 2 1, CIVIL CASE COVER SHEET 1559467001