Preview
CM-O1 0
ATrORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address): FOR COURT USE ONLY
Hunt & Henriques, LLP
Donald Sherrill #266038 Brian Langedyk #337250 | |
ELECTRONICALLY FILED
7017 Realm Drive, San José. CA 951 19 SUPERIOR COURT OF CALIFORNIA
CA Debt Collection License No. 101 36-99 COUNTY OF SAN BERNARDINO
TELEPHONE No: (800) 680-2426 FAx N0; (408) 362-2299
SAN BERNARDINO DISTRICT
ATTORNEY FOR (Name): Plaintiff
5/24/2024 3:03 PM
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN BERNARDINO
STREET ADDRESS: 247 West Third Street
By: Fabiola Moreno, DEPUTY
MAILING ADDRESS:
CITY AND ZIP CODE: San Bernardino CA 92415-0210
BRANCH NAME: San Bernardino District-Civil Division
CASE NAME: Portfolio Recovery Associates, LLC v. BOBBY RAMOS
EC'V'L CASE COER SHEET Complex Case Designation CASE NUMBER: CIVSB2416878
Unlimited
(Amount
demanded
Limited
(Amount
demanded is
E Counter
Filed with first
Jomder E
appearance by defendant
.
F
JUDGE:
exceeds $35,000) $35,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1—6 below must be completed (see instmctions on page 2).
1. Check one box below for the case type that best describes this case:
E
Auto Tort
D Auto (22) E
Contract
m Breach of contract/warranty (06)
Provisionally Complex Civil Litigation
(Cai-
i:
RUIeS 0f Court: "1'95 3-400-3-403)
Uninsured Momrist (46)
Other PIIPDNVD (Personal lnjurylProperty E
E
Rule 3.740 couections (09)
Other colledions (09) j
E
Antitrust/Trade regulation (03)
conStrUCtion defeCt (1o)
DamageNVrongfuI Death) Tort
Asbesms (04) E Insurance coverage (18)
Other contract (37) E Mass t0” (4°)
Securities litigation (28)
E
Product
‘
liability (24)
‘
Real Property
[3 .
Eg'::;tn:2$:'a¢';ve'se
.
E lEnVironmentaWOXiclti:5(:o_)s_
nSUranCe Covera e C a] n In f rOm the
E
xatfillgg'zis‘zzsz
Non-Pl/PD/WD (Other) Tort E
E wrongfm
Other
eViCtion (33)
pmperty (26)
E
:ybpogsgatsd
Enforcement of Judgment
E
real
Business ton/unfair business practice (07) Enforcement ofjudgment (20)
E
E
Civil rights (08)
Defamation (13) E
Unlawful Detainer
E Commercial (31) E
Miscellaneous
D RICO
Civil
(27)
Complaint
D
E
Fraud (16)
Intellectual property (19) E ReSidemia' (32)
Drugs (38)
E
Other complaint (not specified above) (42)
Miscellaneous Civil Petition
E PFOfeSSional negligence (25)
Other non-Pl/PDNVD tort (35) E
Judicial
E
Review
Asset forfeiture (05) E Partnership and corporate governance (21)
Other petition (not specified above) (43)
Employment
E E Wrongful termination (36)
Other employment (15)
E
D
Petition re: arbitration
Writ of mandate
Other judicial review (39)
(02)
award (11)
2. This case is is not complex under rule 3.400 of the California Rules of Court. Ifthe case is complex. mark the
E
factors requiring exceptional judicial
E
a.
b.
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
E
c‘
issues that
Substantial
will
amount
be time—consuming
of
to resolve
documentary evidence f. E in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
3. Remedies sought (check
Number of causes
all that apply): a. monetary b. E nonmonetary; declaratory or injunctive relief C.E punitive
4.
5.
6. If
E m
This case
there are any known
of action (specify):
is is not
related cases, file
1
a class action suit.
and serve a notice of related case. (You may orm CM-015)
Date: April 26, 2024
Brian Langedyk #337250 b \
(TYPE 0R PRINT NAME) \MATURE 0F PARTY 0R ATTORNEY FOR PARTY)
NOTICE
o Plaintiff must cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
file this
under the Probate Code, Family Code, orWelfare 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 If this 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 rufe 3.740 or a complex case, this cover sheet shall be used for statistical purposes only.
Rules of Coun, rules 2.30, 3.220, 3400—3403, 3.740;
FOSTdfézifipéeoigglkgfgfiigzflgse CIVIL CASE COVER SHEET Cal.
Cal. Standards of Judicial Administration, std. 3.10
CM-O10 [Rev. January 1, 2024]
1565603001
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‘ lf the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. |f 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 wi|| 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)—Persona| Injury/Propeny Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403)
Damage/Wrongful 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) EnvironmentaI/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract] Insurance Coverage Claims
Other PIIPDNVD (Personal Injury/ Warranty (arising from provisionally complex
Property DamageNVrongful Death) Other Breach of Contractharranty 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) (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.g., 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 Infliction 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 (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 in volves 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
Judicial Review above) (43)
Asset Forfeiture (O5) 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/PDNVD 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 AppeaI—Labor
Commissioner Appeals
CM~010 [Rev. January 2024] Page 2 of 2
1,
CIVIL CASE COVER SHEET
1565603001
Preview
CM-O1 0 ATrORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address): FOR COURT USE ONLY Hunt & Henriques, LLP Donald Sherrill #266038 Brian Langedyk #337250 | | ELECTRONICALLY FILED 7017 Realm Drive, San José. CA 951 19 SUPERIOR COURT OF CALIFORNIA CA Debt Collection License No. 101 36-99 COUNTY OF SAN BERNARDINO TELEPHONE No: (800) 680-2426 FAx N0; (408) 362-2299 SAN BERNARDINO DISTRICT ATTORNEY FOR (Name): Plaintiff 5/24/2024 3:03 PM SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN BERNARDINO STREET ADDRESS: 247 West Third Street By: Fabiola Moreno, DEPUTY MAILING ADDRESS: CITY AND ZIP CODE: San Bernardino CA 92415-0210 BRANCH NAME: San Bernardino District-Civil Division CASE NAME: Portfolio Recovery Associates, LLC v. BOBBY RAMOS EC'V'L CASE COER SHEET Complex Case Designation CASE NUMBER: CIVSB2416878 Unlimited (Amount demanded Limited (Amount demanded is E Counter Filed with first Jomder E appearance by defendant . F JUDGE: exceeds $35,000) $35,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1—6 below must be completed (see instmctions on page 2). 1. Check one box below for the case type that best describes this case: E Auto Tort D Auto (22) E Contract m Breach of contract/warranty (06) Provisionally Complex Civil Litigation (Cai- i: RUIeS 0f Court: "1'95 3-400-3-403) Uninsured Momrist (46) Other PIIPDNVD (Personal lnjurylProperty E E Rule 3.740 couections (09) Other colledions (09) j E Antitrust/Trade regulation (03) conStrUCtion defeCt (1o) DamageNVrongfuI Death) Tort Asbesms (04) E Insurance coverage (18) Other contract (37) E Mass t0” (4°) Securities litigation (28) E Product ‘ liability (24) ‘ Real Property [3 . Eg'::;tn:2$:'a¢';ve'se . E lEnVironmentaWOXiclti:5(:o_)s_ nSUranCe Covera e C a] n In f rOm the E xatfillgg'zis‘zzsz Non-Pl/PD/WD (Other) Tort E E wrongfm Other eViCtion (33) pmperty (26) E :ybpogsgatsd Enforcement of Judgment E real Business ton/unfair business practice (07) Enforcement ofjudgment (20) E E Civil rights (08) Defamation (13) E Unlawful Detainer E Commercial (31) E Miscellaneous D RICO Civil (27) Complaint D E Fraud (16) Intellectual property (19) E ReSidemia' (32) Drugs (38) E Other complaint (not specified above) (42) Miscellaneous Civil Petition E PFOfeSSional negligence (25) Other non-Pl/PDNVD tort (35) E Judicial E Review Asset forfeiture (05) E Partnership and corporate governance (21) Other petition (not specified above) (43) Employment E E Wrongful termination (36) Other employment (15) E D Petition re: arbitration Writ of mandate Other judicial review (39) (02) award (11) 2. This case is is not complex under rule 3.400 of the California Rules of Court. Ifthe case is complex. mark the E factors requiring exceptional judicial E a. b. 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 E c‘ issues that Substantial will amount be time—consuming of to resolve documentary evidence f. E in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal court 3. Remedies sought (check Number of causes all that apply): a. monetary b. E nonmonetary; declaratory or injunctive relief C.E punitive 4. 5. 6. If E m This case there are any known of action (specify): is is not related cases, file 1 a class action suit. and serve a notice of related case. (You may orm CM-015) Date: April 26, 2024 Brian Langedyk #337250 b \ (TYPE 0R PRINT NAME) \MATURE 0F PARTY 0R ATTORNEY FOR PARTY) NOTICE o Plaintiff must cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed file this under the Probate Code, Family Code, orWelfare 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 If this 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 rufe 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. Rules of Coun, rules 2.30, 3.220, 3400—3403, 3.740; FOSTdfézifipéeoigglkgfgfiigzflgse CIVIL CASE COVER SHEET Cal. Cal. Standards of Judicial Administration, std. 3.10 CM-O10 [Rev. January 1, 2024] 1565603001 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‘ lf the case fits both a general and a more specific type of case listed in item 1, check the more specific one. |f 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 wi|| 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)—Persona| Injury/Propeny Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403) Damage/Wrongful 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) EnvironmentaI/Toxic Tort (30) instead of Auto) Negligent Breach of Contract] Insurance Coverage Claims Other PIIPDNVD (Personal Injury/ Warranty (arising from provisionally complex Property DamageNVrongful Death) Other Breach of Contractharranty 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) (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.g., 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 Infliction 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 (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 in volves 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 Judicial Review above) (43) Asset Forfeiture (O5) 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/PDNVD 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 AppeaI—Labor Commissioner Appeals CM~010 [Rev. January 2024] Page 2 of 2 1, CIVIL CASE COVER SHEET 1565603001