Preview
CM-010
ATTORNEY OR PARTY WITHOUT A'ITORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Sunny SBN 326153
Lee, Hootan Atefyekta, SBN 31 1437
Robert S. Cox, SBN 290268 Julie M. VanderNoor Urner, SBN 220178
Shane T. Wate, SBN 302738 Thomas J. Sebourn, SBN 279272
James P. Garrett, SBN 256060
SUTTELL & HAMMER, APC
P.O. Box C-90006 ELECTRONICALLY FILED
Bellevue, WA 98009 SUPERIOR COURT OF CALIFORNIA
TELEPHONE NO.: (425) 455-8220/ (888) 788-8355 FAX No. (Optional): (425) 453-3239 COUNTY OF SAN BERNARDINO
E-MAILADDRESS: california@suttelllaw.com
SAN BERNARDINO DISTRICT
ATTORNEY FOR (Name): DISCOVER BANK
CA DFPI Debt Collector License No. 10604-99 5/24/2024 12:15 PM
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN BERNARDINO DEPUTY
By: Leilani Cazares,
STREET ADDRESS: 247 WEST THIRD STREET
MAILING ADDRESS:
CITY AND ZIP CODE: San Bernardino CA 92415-0210
BRANCH NAME: San Bernardino District Civil Division
CASE NAME:
DISCOVER BANK V. JUAN C VILLALPANDO
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBERzCIVSB2416854
( )
Unlimited (X) Limited Counter Joinder
[ ] [ ]
(Amount demanded (Amount demanded Filed with first appearance by defendant JUDGE:
exceeds $35,000) is $35,000 or less)
(Cal. Rules of Court, rule 3.402) DEPT:
Items 1-6 must be completed (see instructions on page 2).
1.Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
[ ]Auto (22) [
Breach of contract/warranty (06)
] (Cal. Rules of Court, rules 3.400-3.403)
[ Uninsured motorist (46)
] [ (X) Rule 3.740 collections (09)
] [ ]Antitrust/Trade Regulations (03)
Other PIIPDIWD (Personal InjurylProperty [ ( )] Other collections (09) [ ]
Construction Defect (10)
DamageNVrongful Death) Tort [ Insurance coverage (18)
] [ ]
Mass Tort (40)
[ ]Asbestos (O4) [
Other contract (37)
] [ ]
Securities Litigation (28)
[
Product liability (24)
]
Real Property [ ]
Environmental/Toxic Tort (30)
[
Medical malpractice (45)
] [
Eminent domain/inverse
] [ ]
Insurance Coverage Claims arising from the
[ ]
Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case
Non-Pl/PDIWD (Other) Tort [ ]Wrongful eviction (33) types (41)
[ ]
Business tort/unfair business practice (07) [
Other real property (26)
]
Enforcement of Judgment
[ ]Civi| rights (08) Unlawful Detainer [ Enforcement ofjudgment (20)
]
[ ]
Defamation (13) [
]Commercial (31) Miscellaneous Civil Complaint
[ ]
Fraud (16) [
]Residentia| (32) [ ]RICO (27)
[ ]
Intellectual Property (19) [ ]Drugs (38) [ Other complaint (not specified above) (42)
]
[ ]
Professional negligence (25) Judicial Review Miscellaneous Civil Petition
[ ]
Other non-Pl/PD/WD Tort (35) [ ]Assetforfeiture (05) [ ]
Partnership and corporate governance (21)
Employment [ ]
Petition re: arbitration award (1 1) [ ]
Other petition (not specified above) (43)
[ ]
Wrongful Termination (36) [ ]Writ of mandate (02)
[ ]
Other Employment (15) [ ]
Otherjudicial review (39)
2. This case [ ]
is [ X] is not complex under rule 3.400 ofthe California Rules of Court. If case is complex, mark the factors requiring
exceptional judicial management:
Large number of separately represented parties
a.[ ] d.[ Large number of witnesses
]
Extensive motion practice raising difficult or novel
b.[ ] e.[ Coordination and related actions pending in one or more
]
issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal court
c.[ ]Substantial amountof documentary evidence f.
[
]Substantial postjudgmentjudicial supervision
3. Remedies sought (check all that apply): a. [X] monetary b. [ ]
nonmonetary; declaratory or injunctive relief c. [ ] punitive
4. Number of causes on action (specify): 2
5. This case [ ]
is [ X] is not a class action suit.
6. If there are any known related cases, file and serve a notice of related cases. (You may use form CM-015.)
Date May 21, 2024
( )Sunny SBN 326153
Lee, ( XHootan Atefyekta, SBN 31 1437
( ) SBN 290268
Robert S. Cox, ( ) Thomas J. Sebourn, SBN
279272
( )Shane T. Wate, SBN 302738 ( )Julie M. VanderNoor Umer, SBN 2201 78
( )James P. Garrett, SBN 256060
‘ '
(TYPE OR PRINT NAME) (SIGNATURE L: PARTY 0F ATTo: E
NOTICE
o 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.
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. of the California Rules of Court, you must serve a copy ofthis cover sheet on all other parties to the
action or proceeding.
o 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
Judicial Council of California
Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740;
Cal. Standards ofJudiciaI Administration, std. 3.10
CM—010 [Rev. January 1, 2024) www. courts. ca. go v
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
To Plaintiffs and Others Filing First Papers. If paper (for example, a complaint) in a civil case, you must
you are filing a first
complete and file, along with you 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 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/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403)
DamageNVrongful Death Breach of RentaI/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 PIIPDIWD (Personal Injuryl Warranty (arising from provisionally complex
Property DamageNVrongful Death) Other Breach of Contract/Warranty case type listed above) (4 1)
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 Case Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other Pl/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 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 Pl/PDNVD domain, landlord/tenant, or Other Commercial Complaint
Non-PIIPDNVD (Other) Tort foreclosure) Case (non-tort/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 (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-Pl/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 1, 2024] CIVIL CASE COVER SHEET Page 2 of 2
Preview
CM-010 ATTORNEY OR PARTY WITHOUT A'ITORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Sunny SBN 326153 Lee, Hootan Atefyekta, SBN 31 1437 Robert S. Cox, SBN 290268 Julie M. VanderNoor Urner, SBN 220178 Shane T. Wate, SBN 302738 Thomas J. Sebourn, SBN 279272 James P. Garrett, SBN 256060 SUTTELL & HAMMER, APC P.O. Box C-90006 ELECTRONICALLY FILED Bellevue, WA 98009 SUPERIOR COURT OF CALIFORNIA TELEPHONE NO.: (425) 455-8220/ (888) 788-8355 FAX No. (Optional): (425) 453-3239 COUNTY OF SAN BERNARDINO E-MAILADDRESS: california@suttelllaw.com SAN BERNARDINO DISTRICT ATTORNEY FOR (Name): DISCOVER BANK CA DFPI Debt Collector License No. 10604-99 5/24/2024 12:15 PM SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN BERNARDINO DEPUTY By: Leilani Cazares, STREET ADDRESS: 247 WEST THIRD STREET MAILING ADDRESS: CITY AND ZIP CODE: San Bernardino CA 92415-0210 BRANCH NAME: San Bernardino District Civil Division CASE NAME: DISCOVER BANK V. JUAN C VILLALPANDO CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBERzCIVSB2416854 ( ) Unlimited (X) Limited Counter Joinder [ ] [ ] (Amount demanded (Amount demanded Filed with first appearance by defendant JUDGE: exceeds $35,000) is $35,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 must be completed (see instructions on page 2). 1.Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation [ ]Auto (22) [ Breach of contract/warranty (06) ] (Cal. Rules of Court, rules 3.400-3.403) [ Uninsured motorist (46) ] [ (X) Rule 3.740 collections (09) ] [ ]Antitrust/Trade Regulations (03) Other PIIPDIWD (Personal InjurylProperty [ ( )] Other collections (09) [ ] Construction Defect (10) DamageNVrongful Death) Tort [ Insurance coverage (18) ] [ ] Mass Tort (40) [ ]Asbestos (O4) [ Other contract (37) ] [ ] Securities Litigation (28) [ Product liability (24) ] Real Property [ ] Environmental/Toxic Tort (30) [ Medical malpractice (45) ] [ Eminent domain/inverse ] [ ] Insurance Coverage Claims arising from the [ ] Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case Non-Pl/PDIWD (Other) Tort [ ]Wrongful eviction (33) types (41) [ ] Business tort/unfair business practice (07) [ Other real property (26) ] Enforcement of Judgment [ ]Civi| rights (08) Unlawful Detainer [ Enforcement ofjudgment (20) ] [ ] Defamation (13) [ ]Commercial (31) Miscellaneous Civil Complaint [ ] Fraud (16) [ ]Residentia| (32) [ ]RICO (27) [ ] Intellectual Property (19) [ ]Drugs (38) [ Other complaint (not specified above) (42) ] [ ] Professional negligence (25) Judicial Review Miscellaneous Civil Petition [ ] Other non-Pl/PD/WD Tort (35) [ ]Assetforfeiture (05) [ ] Partnership and corporate governance (21) Employment [ ] Petition re: arbitration award (1 1) [ ] Other petition (not specified above) (43) [ ] Wrongful Termination (36) [ ]Writ of mandate (02) [ ] Other Employment (15) [ ] Otherjudicial review (39) 2. This case [ ] is [ X] is not complex under rule 3.400 ofthe California Rules of Court. If case is complex, mark the factors requiring exceptional judicial management: Large number of separately represented parties a.[ ] d.[ Large number of witnesses ] Extensive motion practice raising difficult or novel b.[ ] e.[ Coordination and related actions pending in one or more ] issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal court c.[ ]Substantial amountof documentary evidence f. [ ]Substantial postjudgmentjudicial supervision 3. Remedies sought (check all that apply): a. [X] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ] punitive 4. Number of causes on action (specify): 2 5. This case [ ] is [ X] is not a class action suit. 6. If there are any known related cases, file and serve a notice of related cases. (You may use form CM-015.) Date May 21, 2024 ( )Sunny SBN 326153 Lee, ( XHootan Atefyekta, SBN 31 1437 ( ) SBN 290268 Robert S. Cox, ( ) Thomas J. Sebourn, SBN 279272 ( )Shane T. Wate, SBN 302738 ( )Julie M. VanderNoor Umer, SBN 2201 78 ( )James P. Garrett, SBN 256060 ‘ ' (TYPE OR PRINT NAME) (SIGNATURE L: PARTY 0F ATTo: E NOTICE o 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. 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. of the California Rules of Court, you must serve a copy ofthis cover sheet on all other parties to the action or proceeding. o 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 Judicial Council of California Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Cal. Standards ofJudiciaI Administration, std. 3.10 CM—010 [Rev. January 1, 2024) www. courts. ca. go v INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If paper (for example, a complaint) in a civil case, you must you are filing a first complete and file, along with you 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 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/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) DamageNVrongful Death Breach of RentaI/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 PIIPDIWD (Personal Injuryl Warranty (arising from provisionally complex Property DamageNVrongful Death) Other Breach of Contract/Warranty case type listed above) (4 1) 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 Case Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other Pl/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 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 Pl/PDNVD domain, landlord/tenant, or Other Commercial Complaint Non-PIIPDNVD (Other) Tort foreclosure) Case (non-tort/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 (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-Pl/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 1, 2024] CIVIL CASE COVER SHEET Page 2 of 2