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1601007 CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
imberlee Tsai (SBN # 227426) Brianna Elmassian (SBN# 329673)
Btella Park (SBN# 310445) Spencer Penuela (SBN# 324544)
(nna Karkoon (SBN# 295797) Ann Doan (SBN# 297543) ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
(Gurstel Law Firm, P.C. COUNTY OF SAN BERNARDINO}
(Gurstel Law Firm P.C.'s California Debt Collection License: 10361-99. SAN BERNARDINO DISTRICT
320 East Raintree Drive, Scottsdale, AZ 85260
5/24/2024 3:22 PM
TELEPHONE NO.: (877) 344-4002 FAX NO. (Optional): (877) 750-6335
E-MAIL ADDRESS: info@gurstel.com
ATTORNEY FOR (Name): Unifund CCR, LLC By: Fabiola Moreno, DEPUTY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS:247 West Third Street
MAILING ADDRESS:
CITY AND ZIP CODE:San Bernardino, CA 92415-0210
BRANCH NAME:San Bernardino
“ASE NAME: Unifund CCR, LLC vs. Alena M Escutia
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
JUDGE:
C Unlimited Limited O CounterO Joinder
Filed with first appearance by defendant DEPT: CIVSB2416928
(Amount demanded (Amount demanded is $35,000}
exceeds $35,000) or less) (Cal. Rules of Court, rule 3.402)
Tlems 1-6 below must be completed (see instructions on page 2)
Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
TI Auto (22) I Breach of contractiwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
1D Uninsured motorist (46) '@ Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Other PYPD/WD (Personal Injury/Property 1 Other collections (09 Construction defect (10)
Damage/Wrongful Death) Tort I Insurance coverage (18) Mass tort (40)
1 Asbestos (04) OI Other contract (37) Securities litigation (28)
1 Product liability (24) Real Property Environmental/Toxic tort (30)
1 Medical malpractice (45) 1 Eminent domain/Inverse Insurance coverage claims arising from the above
1D Other PUPD/WD (23) condemnation (14) listed provisionally complex case
Non-PYPD/WD (Other) Tort 1 Wrongful eviction (33) types (41)
Business tort/unfair business practice (07) I Other real property (26) Enforcement of Judgment
Civil rights (08) Unlawful Detainer © Enforcement of judgment (20)
Defamation (13) 1D Commercial (31) Miscellaneous Civil Complaint
Fraud (16 1 Residential (32) 1 RICO (27)
Intellectual property (19) 1D Drugs (38) © Other complaint (not specified above) (42)
Professional negligence (25) Judicial Review Miscellaneous Civil Petition
Other non-PI/PDIWD tort (35) 1 Asset forfeiture (05) Cl Partnership and corporate govemance (21)
Employment 1 Petition re: arbitration award (11) 11 Other petition (not specified above) (43)
1 Wrongful termination (36) 1 Writ of mandate (02)
1 Other employment (15) OI Other judicial review (39)
2. This case C1 is ll is not complex under rule 3.400 of the California Rules of Court. if the case is complex, mark the
factors requiring exceptional judicial management:
a. Large numberof separately represented parties d. Gl Large number of witnesses
b.C Extensive motion practice raising difficult or novel e.(1 Coordination with related actions pending in one or more courts in
issues that will be time-consuming to resolve other counties, states, or countries, or in a federal court.
cc. Substantial amount of documentary evidence £0 Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. ll monetary b. ()_nonmonetary; declaratory or injunctive relief ©. punitive
4. Number of causes of action (specify): Two
5. This case 0 is @ is nota class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
Fraserspo a
Date: May 16 2024
Kimberlee Tsai / Brianna Elmassian / Stella Pat
Karkoon / Ann Doar
(TYPE OR PRINT NAME) (SIGNATURE 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.
If his 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
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
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 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 ajoinder in the
plaintiffs 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 Ci igation (Cal.
Auto (22}Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403)
Damage/Wrongful Death Breach of Rental/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)
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 PI/PD/WD (Personal Injury/ Warran (arising from provisionally complex
Property Damage/Wrongful 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 taxes)
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PI/PD/WD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PDWD 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 PI/PD/WD. domain, landlord/tenant, or Other Commercial Complaint
Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tor/non-complex)
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 involves illegal Partnership and Corporate
harassment) (08) drugs, check this item; otherwise, 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 (19) Petition Re: Arbitration Award (11) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) Elder/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 (15) Review of Health Officer Order
Notice of Appeal—Labor
Commissioner Appeals
CM-010 (Rev. January 1, 2024] CIVIL CASE COVER SHEET Page
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Preview
1601007 CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY imberlee Tsai (SBN # 227426) Brianna Elmassian (SBN# 329673) Btella Park (SBN# 310445) Spencer Penuela (SBN# 324544) (nna Karkoon (SBN# 295797) Ann Doan (SBN# 297543) ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA (Gurstel Law Firm, P.C. COUNTY OF SAN BERNARDINO} (Gurstel Law Firm P.C.'s California Debt Collection License: 10361-99. SAN BERNARDINO DISTRICT 320 East Raintree Drive, Scottsdale, AZ 85260 5/24/2024 3:22 PM TELEPHONE NO.: (877) 344-4002 FAX NO. (Optional): (877) 750-6335 E-MAIL ADDRESS: info@gurstel.com ATTORNEY FOR (Name): Unifund CCR, LLC By: Fabiola Moreno, DEPUTY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS:247 West Third Street MAILING ADDRESS: CITY AND ZIP CODE:San Bernardino, CA 92415-0210 BRANCH NAME:San Bernardino “ASE NAME: Unifund CCR, LLC vs. Alena M Escutia CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: JUDGE: C Unlimited Limited O CounterO Joinder Filed with first appearance by defendant DEPT: CIVSB2416928 (Amount demanded (Amount demanded is $35,000} exceeds $35,000) or less) (Cal. Rules of Court, rule 3.402) Tlems 1-6 below must be completed (see instructions on page 2) Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation TI Auto (22) I Breach of contractiwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) 1D Uninsured motorist (46) '@ Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other PYPD/WD (Personal Injury/Property 1 Other collections (09 Construction defect (10) Damage/Wrongful Death) Tort I Insurance coverage (18) Mass tort (40) 1 Asbestos (04) OI Other contract (37) Securities litigation (28) 1 Product liability (24) Real Property Environmental/Toxic tort (30) 1 Medical malpractice (45) 1 Eminent domain/Inverse Insurance coverage claims arising from the above 1D Other PUPD/WD (23) condemnation (14) listed provisionally complex case Non-PYPD/WD (Other) Tort 1 Wrongful eviction (33) types (41) Business tort/unfair business practice (07) I Other real property (26) Enforcement of Judgment Civil rights (08) Unlawful Detainer © Enforcement of judgment (20) Defamation (13) 1D Commercial (31) Miscellaneous Civil Complaint Fraud (16 1 Residential (32) 1 RICO (27) Intellectual property (19) 1D Drugs (38) © Other complaint (not specified above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non-PI/PDIWD tort (35) 1 Asset forfeiture (05) Cl Partnership and corporate govemance (21) Employment 1 Petition re: arbitration award (11) 11 Other petition (not specified above) (43) 1 Wrongful termination (36) 1 Writ of mandate (02) 1 Other employment (15) OI Other judicial review (39) 2. This case C1 is ll is not complex under rule 3.400 of the California Rules of Court. if the case is complex, mark the factors requiring exceptional judicial management: a. Large numberof separately represented parties d. Gl Large number of witnesses b.C Extensive motion practice raising difficult or novel e.(1 Coordination with related actions pending in one or more courts in issues that will be time-consuming to resolve other counties, states, or countries, or in a federal court. cc. Substantial amount of documentary evidence £0 Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. ll monetary b. ()_nonmonetary; declaratory or injunctive relief ©. punitive 4. Number of causes of action (specify): Two 5. This case 0 is @ is nota class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Fraserspo a Date: May 16 2024 Kimberlee Tsai / Brianna Elmassian / Stella Pat Karkoon / Ann Doar (TYPE OR PRINT NAME) (SIGNATURE 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. If his 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 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 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 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 ajoinder in the plaintiffs 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 Ci igation (Cal. Auto (22}Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/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) 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 PI/PD/WD (Personal Injury/ Warran (arising from provisionally complex Property Damage/Wrongful 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 taxes) Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other PI/PD/WD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PDWD 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 PI/PD/WD. domain, landlord/tenant, or Other Commercial Complaint Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tor/non-complex) 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 involves illegal Partnership and Corporate harassment) (08) drugs, check this item; otherwise, 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 (19) Petition Re: Arbitration Award (11) Workplace Violence Professional Negligence (25) Writ of Mandate (02) Elder/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 (15) Review of Health Officer Order Notice of Appeal—Labor Commissioner Appeals CM-010 (Rev. January 1, 2024] CIVIL CASE COVER SHEET Page 2 of 2