Preview
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
ROBERT K. HANNA, State Bar N0.: 341970 / JUNQIAO XIAO, State Bar N0.: 341670 / HYO JIN
JULIA JUNG, State Bar N0.: 316090 / MICHAEL D. KAHN, State Bar N0.: 236898 / LAMONT
FREEMAN, State Bar N0.: 349862 ELECTRONICALLY FILED
MIDLAND CREDIT MANAGEMENT, INC SUPERIOR COURT OF CALIFORN A
350 CAMINO DE LA REINA, SUITE 100 COUNTY OF SAN BERNARDINO
SAN DIEGO, CA 92108 SAN BERNARDINO DISTRICT
California Debt Collection License #10644-99
TELEPHONE N0.: (866) 300-8750 FAX N0.: (858) 309-1588
5/28/2024 12:00 AM
E-MAIL ADDRESS: CaliforniaLegal@MCMCG.COM
ATI'ORNEY FOR(Name): MIDLAND CREDIT MANAGEMENT, INC.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
By: Connie Cortes, DEPUTY
STREET ADDRESS: 247 WEST THIRD STREET
MAILING ADDRESS: 247 WEST THIRD STREET
CITY AND ZIP CODE: SAN BERNARDINO, CA 924150210
BRANCH NAME: SAN BERNARDINO DISTRICT CIVIL DIVISION
CASE NAME: MIDLAND CREDIT MANAGEMENT, INC. vs. MIGUEL FRAUSTO
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBERiCIVSB241 6977
D Unlimited Case
(Amount demanded
X Limited Case
(Amount demanded
D Counter D Joinder
JUDGE:
Filed with first appearance by defendant
exceeds $35,000) is $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:
Auto Tort Contract Provisionally Complex Civil Litigation
D Auto (22) Breach of contract/warranty (06) Eel. Rules of Court, rules 3.400-3.403)
D Uninsured motorist (46) X Rule 3.740 collections (09)
Anti‘FUSVTrade regu'atbn (03>
Other Pl/PDIWD (Personal lnjurylProperty D Other collections (09) D CO”Str”Cti°n defeCt (1O)
DamageNVrongful Death) Tort
D Insurance coverage (18) D Mass ton (40)
ASbGStOS- (054-)
D Other contract (37) D Securities litigation (28)
D PFOdIUCt "ab'l'ty (2'4)
Real Property D Environmental/Toxictort (30)
D Med'cal malpraCt'Ce (45)
Eminent domain/lnverse condemnation (14) D Insurance coverage Claims ariSinQ from the
D other PI/PD/WD (23) Wrongful eviction (33) tayioevseéfitfd
provnsnonally complex case
Non-PIIPDIWD (Other) Tort
Business tort/unfair business practice (O7)
D Other real property (26)
Enforcement Of JUdgment
Unlawful Detainer Enforcement ofjudgment (20)
D I _ I
CIVII rights (08) Commercial (31) .
Miscellaneous
.
CIVII
.
Complaint
.
D Defamanon
_
(13) D Residential (32)
D RICO (27)
D FraUd (16) D DruQs (38)
D Other complaint (notspecified above) (42)
D Intellecmal pmpeny (19) JUdiCia' ReView Miscellaneous Civil Petition
D Pr°f955i0nal negligence (25) D Asset forfeiture (05)
Partnership and corporate governance (21)
D Other non-PVPD/WD tort (35) D Petition re: arbitration award (11)
D Other petition (not specified above) (43)
Employment D Writof mandate (02)
Wrongful termination (36)
D Other judicial review (39)
D Other employment (15)
2- This case
judicial
D E
management:
is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional
a. Large number of separately represented parties d. Large number of witnesses
b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c.
DSubstantial amount of documentary evidence f.
D Substantial postjudgmentjudicial supervision
3.
4.
Remedies sought (check all that apply): a.
Number of causes
monetary
of action (specify): 1
X b. D non monetary; declaratory or injunctive relief c. D punitive
5. This case is is not a 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.)
Date: May 24, 2024
ROBERT HANNA/ K. JUNQIAO XIAO
MICHAEL KAHN/ D. HYO JIN JULIA JUNG
LAMONT FREEMAN > Junqian Rina, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR A'I'I'ORNEY 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 this 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 panties to the
-
action or proceeding.
-
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet wi|| be used for statistical purposes only.
Form Adopted for Mandatory Use
Judicial Council of California CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740;
Cal. Standards ofJudicial Administration, std. 3.10
CM-O10 [Rev. January 1, 2024]
CA_0100G File N0.: 23-23879 SCP
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 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 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/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 or Construction Defect (10)
case involves an uninsured motorist wrongful eviction) Claims Involving Mass Tort (40)
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/ Warranty Insurance Coverage Claims
Other Breach of Contract/Warranty (arisingfrom provisionally complex
Other PIIPDIWD (Personal Injuryl Property
Collections (e.g., money owed, open book case type listed above) (41)
DamageIWrongful Death)
accounts) (09)
Tort Enforcement of Judgment
Collection Case—Seller Plaintiff
Asbestos (O4) Enforcement of Judgment (20)
Other Promissory Note/Collections
Asbestos Property Damage Abstract of Judgment ( Out of
Case
Asbestos Personal Injury/ County)
Insurance Coverage (not provisionally
Wrongful Death Confession of Judgment (non-
complex) (1 8)
Product Liability (not asbestos or domestic relations)
Auto Subrogation
toxic/environmental) (24)
Other Coverage
Sister State Judgment
Medical Malpractice (45) Administrative Agency Award
Other Contract (37)
Medical Malpractice— (not unpaid taxes)
Contractual Fraud
Physicians & Surgeons Petition/Certification of Entry of
Other Contract Dispute
Other Professional Health Care Judgment on Unpaid Taxes
Malpractice Real Property Other Enforcement of Judgment
Other PI/PDNVD (23) Eminent Domain/Inverse Case
Premises Liability (e.g., slip Condemnation (14)
and fall) Wrongful Eviction (33) Miscellaneous Civil Complaint
Intentional Bodily Injury/PDNVD Other Real Property (e.g., quite title) (26) RICO (27)
(e.g., assault, vandalism) Writ of Possession of Real Property Other Complaint (not specified
Intentional Infliction of Mortgage Foreclosure above) (42)
Emotional Distress Quite Title Declaratory Relief Only
Negligent Infliction of Other Real Property (not eminent Injunctive Relief Only (non-
Emotional Distress domain, landlord/tenant, or foreclosure) harassment)
Other PI/PDNVD Unlawful Detainer Mechanics Lien
Non-PIIPDNVD (Other) Tort Commercial (31) Other Commercial Complaint
Business Tort/Unfair Business Residential (32) Case (non-tort/non-complex)
Practice (07) Drugs (38) (if the case involves illegal Other Civil Complaint
Civil Rights (e.g., discrimination, drugs, check this item; otherwise, report (non-tort/non-complex)
false arrest) (not civil as Commercial or Residential) Miscellaneous Civil Petition
harassment) (08) Judicial Review Partnership and Corporate
Defamation (e.g., slander, libel) Asset Forfeiture (05) Governance (21)
Petition Re: Arbitration Award (11)
Other Petition (not specified above)
(13)
Fraud (16) Writ of Mandate (02) (43)
Civil Harassment
Property (19)
Intellectual Writ—Administrative Mandamus
Professional Negligence (25) Writ—Mandamus on Limited Court Workplace Violence
Legal Malpractice Case Matter EIder/Dependent Adult
Other Professional Malpractice Writ—Other Limited Court Case Abuse
Review Election Contest
(non medical or legal)
Other Non-Pl/PD/WD Tort (35) Other Judicial Review (39) Petition for Name Change
Review of Health Officer Order Petition for Relieffrom Late
Employment
Wrongful Termination (36) Appeal—Labor
Notice of Claim
Other Employment (1 5) Commissioner Appeals Other Civil Petition
CM-O10 [Rev. January 2024] Page 2 of 2
1,
CIVIL CASE COVER SHEET
CA_0100G File No.: 23-23879 SCP
Preview
CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ROBERT K. HANNA, State Bar N0.: 341970 / JUNQIAO XIAO, State Bar N0.: 341670 / HYO JIN JULIA JUNG, State Bar N0.: 316090 / MICHAEL D. KAHN, State Bar N0.: 236898 / LAMONT FREEMAN, State Bar N0.: 349862 ELECTRONICALLY FILED MIDLAND CREDIT MANAGEMENT, INC SUPERIOR COURT OF CALIFORN A 350 CAMINO DE LA REINA, SUITE 100 COUNTY OF SAN BERNARDINO SAN DIEGO, CA 92108 SAN BERNARDINO DISTRICT California Debt Collection License #10644-99 TELEPHONE N0.: (866) 300-8750 FAX N0.: (858) 309-1588 5/28/2024 12:00 AM E-MAIL ADDRESS: CaliforniaLegal@MCMCG.COM ATI'ORNEY FOR(Name): MIDLAND CREDIT MANAGEMENT, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO By: Connie Cortes, DEPUTY STREET ADDRESS: 247 WEST THIRD STREET MAILING ADDRESS: 247 WEST THIRD STREET CITY AND ZIP CODE: SAN BERNARDINO, CA 924150210 BRANCH NAME: SAN BERNARDINO DISTRICT CIVIL DIVISION CASE NAME: MIDLAND CREDIT MANAGEMENT, INC. vs. MIGUEL FRAUSTO CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBERiCIVSB241 6977 D Unlimited Case (Amount demanded X Limited Case (Amount demanded D Counter D Joinder JUDGE: Filed with first appearance by defendant exceeds $35,000) is $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: Auto Tort Contract Provisionally Complex Civil Litigation D Auto (22) Breach of contract/warranty (06) Eel. Rules of Court, rules 3.400-3.403) D Uninsured motorist (46) X Rule 3.740 collections (09) Anti‘FUSVTrade regu'atbn (03> Other Pl/PDIWD (Personal lnjurylProperty D Other collections (09) D CO”Str”Cti°n defeCt (1O) DamageNVrongful Death) Tort D Insurance coverage (18) D Mass ton (40) ASbGStOS- (054-) D Other contract (37) D Securities litigation (28) D PFOdIUCt "ab'l'ty (2'4) Real Property D Environmental/Toxictort (30) D Med'cal malpraCt'Ce (45) Eminent domain/lnverse condemnation (14) D Insurance coverage Claims ariSinQ from the D other PI/PD/WD (23) Wrongful eviction (33) tayioevseéfitfd provnsnonally complex case Non-PIIPDIWD (Other) Tort Business tort/unfair business practice (O7) D Other real property (26) Enforcement Of JUdgment Unlawful Detainer Enforcement ofjudgment (20) D I _ I CIVII rights (08) Commercial (31) . Miscellaneous . CIVII . Complaint . D Defamanon _ (13) D Residential (32) D RICO (27) D FraUd (16) D DruQs (38) D Other complaint (notspecified above) (42) D Intellecmal pmpeny (19) JUdiCia' ReView Miscellaneous Civil Petition D Pr°f955i0nal negligence (25) D Asset forfeiture (05) Partnership and corporate governance (21) D Other non-PVPD/WD tort (35) D Petition re: arbitration award (11) D Other petition (not specified above) (43) Employment D Writof mandate (02) Wrongful termination (36) D Other judicial review (39) D Other employment (15) 2- This case judicial D E management: is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional a. Large number of separately represented parties d. Large number of witnesses b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. DSubstantial amount of documentary evidence f. D Substantial postjudgmentjudicial supervision 3. 4. Remedies sought (check all that apply): a. Number of causes monetary of action (specify): 1 X b. D non monetary; declaratory or injunctive relief c. D punitive 5. This case is is not a 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.) Date: May 24, 2024 ROBERT HANNA/ K. JUNQIAO XIAO MICHAEL KAHN/ D. HYO JIN JULIA JUNG LAMONT FREEMAN > Junqian Rina, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR A'I'I'ORNEY 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 this 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 panties to the - action or proceeding. - Unless this is a collections case under rule 3.740 or a complex case, this cover sheet wi|| be used for statistical purposes only. Form Adopted for Mandatory Use Judicial Council of California CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Cal. Standards ofJudicial Administration, std. 3.10 CM-O10 [Rev. January 1, 2024] CA_0100G File N0.: 23-23879 SCP 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 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 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/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 or Construction Defect (10) case involves an uninsured motorist wrongful eviction) Claims Involving Mass Tort (40) 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/ Warranty Insurance Coverage Claims Other Breach of Contract/Warranty (arisingfrom provisionally complex Other PIIPDIWD (Personal Injuryl Property Collections (e.g., money owed, open book case type listed above) (41) DamageIWrongful Death) accounts) (09) Tort Enforcement of Judgment Collection Case—Seller Plaintiff Asbestos (O4) Enforcement of Judgment (20) Other Promissory Note/Collections Asbestos Property Damage Abstract of Judgment ( Out of Case Asbestos Personal Injury/ County) Insurance Coverage (not provisionally Wrongful Death Confession of Judgment (non- complex) (1 8) Product Liability (not asbestos or domestic relations) Auto Subrogation toxic/environmental) (24) Other Coverage Sister State Judgment Medical Malpractice (45) Administrative Agency Award Other Contract (37) Medical Malpractice— (not unpaid taxes) Contractual Fraud Physicians & Surgeons Petition/Certification of Entry of Other Contract Dispute Other Professional Health Care Judgment on Unpaid Taxes Malpractice Real Property Other Enforcement of Judgment Other PI/PDNVD (23) Eminent Domain/Inverse Case Premises Liability (e.g., slip Condemnation (14) and fall) Wrongful Eviction (33) Miscellaneous Civil Complaint Intentional Bodily Injury/PDNVD Other Real Property (e.g., quite title) (26) RICO (27) (e.g., assault, vandalism) Writ of Possession of Real Property Other Complaint (not specified Intentional Infliction of Mortgage Foreclosure above) (42) Emotional Distress Quite Title Declaratory Relief Only Negligent Infliction of Other Real Property (not eminent Injunctive Relief Only (non- Emotional Distress domain, landlord/tenant, or foreclosure) harassment) Other PI/PDNVD Unlawful Detainer Mechanics Lien Non-PIIPDNVD (Other) Tort Commercial (31) Other Commercial Complaint Business Tort/Unfair Business Residential (32) Case (non-tort/non-complex) Practice (07) Drugs (38) (if the case involves illegal Other Civil Complaint Civil Rights (e.g., discrimination, drugs, check this item; otherwise, report (non-tort/non-complex) false arrest) (not civil as Commercial or Residential) Miscellaneous Civil Petition harassment) (08) Judicial Review Partnership and Corporate Defamation (e.g., slander, libel) Asset Forfeiture (05) Governance (21) Petition Re: Arbitration Award (11) Other Petition (not specified above) (13) Fraud (16) Writ of Mandate (02) (43) Civil Harassment Property (19) Intellectual Writ—Administrative Mandamus Professional Negligence (25) Writ—Mandamus on Limited Court Workplace Violence Legal Malpractice Case Matter EIder/Dependent Adult Other Professional Malpractice Writ—Other Limited Court Case Abuse Review Election Contest (non medical or legal) Other Non-Pl/PD/WD Tort (35) Other Judicial Review (39) Petition for Name Change Review of Health Officer Order Petition for Relieffrom Late Employment Wrongful Termination (36) Appeal—Labor Notice of Claim Other Employment (1 5) Commissioner Appeals Other Civil Petition CM-O10 [Rev. January 2024] Page 2 of 2 1, CIVIL CASE COVER SHEET CA_0100G File No.: 23-23879 SCP