Preview
CM-010
AWORNEY 0R PARTY WHHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Hunt & Henriques, LLP
Donald Sherrill #266038 |Alexander Balzer Carr #338024
|
7017 Realm Drive, San José, CA 95119
CA Debt Collection License No. 101 36-99
TELEPHONE No: (800) 680-2426 FAX No.: (408) 362-2299
ELECTRONICALLY FILED
ATTORNEY FOR (Name).- Plaintiff
SUPERIOR COURT OF CALIFORNIA
SUPERIOR-COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 West Third Street SAN BERNARDINO DISTRICT
MAILING ADDRESS:
CITY AND ZIP CODE: San Bernardino CA 92415-0210 5/24/2024 2:42 PM
BRANCH NAME: San Bernardino District-Civil Division
CASE NAME: Portfolio Recovery Associates, LLC v. SETH LONG By: Ilisha Siggers, DEPUTY
ECIV'L CASE cogR SHEET Complex Case Designation
CASE NUMBER:
CIVSB2416911
Unlimited
(Amount
demanded
III Limited
(Amount
demanded is
E Counter
Filed with first
E
appearance by defendant
Jounder
.
JUDGE:
exceeds $35,000) $35,000 or less) (Cal. RuIes 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) E
Contract
m Breach of contracflwan-anty (06)
Provisionally Complex Civil Litigation
E
(cal.Rules Of court, rules 3.400'3.403)
Uninsured Motorist (46)
Other PI/PDIWD (Personal Injury/Property E
E
Rule 3.740 collections (09)
Other °°"e°ti°ns (09) D
E
AnmrUSt/Tl'ade TEQUIatiOH (03)
C°”““‘°“°" defect (1°)
Damage/Wrongful Death) Tort
Asbestos (o4) E Insurance coverage
Other contract (37)
(1 8)
E Mass ‘0“ (4°)
Securities litigation (28)
D
U
Promo: liab|imy (24)
Medica ma PfaCtice (45)
Refiproperw
Eminentdomain/lnverse E ~
IErIZYJIrraOrTOHeIIeCZtVaeli-LIS::l;?r:s(3aei)sing
- - -
pmv's'mm'y °°mplex case
from the
D
Other PI/PD/WD (23)
Non-PllPD/WD (Other) Tort D
E
condemnati9n_(14)
wrongfu' ev'cmn (33)
Other real pmpeny (26)
E
tayzgegfitfd
Enforcement of Judgment
E
D
Business tort/unfair
Civil rights (08)
business practice (07)
E
Unlawful Detainer
E
Enforcement ofjudgment (20)
Miscellaneous Civil Complaint
E
D
Defamation (13)
Fraud (16) E
D
Commercial
ReSidemia' (32)
(31)
E Rico (27)
Other complaint (not specified above) (42)
D
[:3
Intellectual property (19)
Professional negligence (25)
E
Judicial
Drugs (38)
Review E
Miscellaneous
E
Civil Petition
Partnership and corporate governance (21)
Employment
Other non-PI/PDNVD ton (35)
D
E
Asset forfeiture (05)
Petition re: arbitration award (1 1)
Other petition (not specified above) (43)
2. This case
Wrongful termination (36)
Other employment
E m is
(1 5)
is not complex under
E Writ of
rule
mandate
Otherjudicial review (39)
(02)
3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial
a.
b.
D
D Large number of separately represented parties
Extensive motion practice raising difficult or novel
management:
d.
e.
E
E Large number of witnesses
Coordination with related actions pending in one or more courts
c. D issues that
Substantial
will be time-consuming to resolve
amount of documentary evidence f. E in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
Remedies sought (check
Number of causes
a/I that apply): a. m monetary b. m nonmonetary; declaratory or injunctive relief cm punitive
<=>va
.
This case
lf there are any
E m of action (specify):
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)
Date: April 11, 2024
Alexander Balzer Carr #338024
(TYPE 0R PRINT NAME)
’ O (SIGNATURE 0F PARTY 0R ATTORNEY FOR PARTY)
NOTICE
- 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 Coun, 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.
- Ifthis 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 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.
F Ad u u: M d n Use R “ Iesomo “ n. '” res 2.30, 3220, 3.400—3.403, 3.740;
°33dsci§pciun%fi.o?35«22€ia CIVIL CASE COVER SHEET Cal.
CaIA S(andards of Judicial Administration. sld‘ 3.10
CM-01O [Rev‘ January 1, 2024]
1553993001
CM-010
INSTRUCTIONS ON HOW T0 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. ln 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 sahctions 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 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
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| Injury/Propeny Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403)
DamageNVrongful 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 wrongfui eviction) Claims Involving Mass Ton (40)
moton’st 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 PIIPDMID (Personal Injury! Warranty (arising from provisionally complex
Property DamageNVrongful 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) (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/Certiflcation 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 (1 4) 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 lnfliction 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 PI/PDNVD domain, landlord/tenant, or Other Commercial Complaint
Non-PIIPDIWD (Other) Tort foreclosure) Case (non-tort/non-complex)
Business Tort/Unfair Business UnlawfulDetainer 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; othem/ise, 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-PI/PDNVD 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—o1o [Rev. January 2024] Page 2 of 2
1,
CIVIL CASE COVER SHEET
1553993001