Preview
CM-010
A'l'rORNEY 0R PARTY WITHOUT 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
ArrORNEY FOR (Name).- Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS:
SAN BERNARDINO DISTRICT
247 West Third Street
MAILING ADDRESS:
5/24/2024 2:54 PM
CITY AND ZIP CODE: San Bernardino CA 92415-0210
BRANCH NAME: San Bernardino District—Civil Division
By: Isabel Torres, DEPUTY
CASE NAME: Portfolio Recovery Associates, LLC v. CHRIS GORDON
DCIV'L CASE cogR SHEET Complex Case Designation
CASE "UMBER:
Unlimited
(Amount
demanded
Ill Limited
(Amount
demanded is
E Counter
Filed with first
E
appearance by defendant
.
Jomder
JUDGE?
CIVSB2416916
exceeds $35,000) $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:
E
Auto Tort
E Auto (22) E
Contract
m Breach of contract/warranty (06)
Provisionally Complex Civil Litigation
D
(cal-RUIeS 0f Court: l'u'es 3-400-3-403)
Uninsured Motorist(46)
OtherPIIPD/wmpersonal InjuryIProperty E
E
Rule 3.740 collections(09)
0ther°°"e°“°“5 (09) E
E
Antitrust/Trade regulation (03)
C°”S"”°ti°" defect”)
DamageNVrongful Death)Tort
Asbestos (o4) E Insurance COVGfaQGUB)
Othercomract (37) D Massmnwo)
Securitieslitigation (28)
D
producmabamy (24)
Medical malpractice (45) D
Rea. pmpeny
Eminentdomain/Inverse E IE"Viggggigtje'ggg53333;.”
”s”
. . r
9
pr°v's'°"a"y °°mp|ex case
' ' ' m m me
Other PI/PD/WD (23)
Non-PIIPDNVD (Other)Tort D
E
condemnatiqn'u‘t)
wmngfu'ev'cmn
Other real pmpeny
(33)
(26)
312;???
Enforcement ofJudgment
[j
E Business tort/unfair
Civil rights (08)
business practice (07)
E
Unlawful Detainer
E
Enforcement ofjudgment (20)
Miscellaneous Civil Complaint
E
E
Defamation (13)
Fraud (16) E
E
Commercia|(31)
ReSidentia' (32)
Drugs (38)
E RICO(27)
Othercomplaint(notspecifled above) (42)
E
Intellectual property(19)
PfOfeSSional negligence (25)
E
Judicial Review D
Miscellaneous
E
Civil Petition
Partnership and corporate governance (21)
Employment
Other non-PI/PDNVDtort(35)
E
E
Assetforfeiture (o5)
Petition re: arbitration award (11)
Otherpetition (notspecified above) (43)
2. This case
Wrongfultermination (36)
Other employment (15)
I I
is is not complex under
E Writof mandate (02)
Olherjudicial review (39)
rule 3.400 of the California Rules of Court. If the case is complex, mark the
management:
a.
b.
E
factors requiring exceptional judicial
E Large number of separately represented parties
Extensive motion practice raising difficult or novel
d.
e.
E
E Large number of witnesses
Coordination with related actions pending in one or more courts
c. E issues that
Substantial
will be time-consuming to resolve
amount ofdocumentary evidence f. E in other counties, states, or countries. or
Substantial postjudgment judicial supervision
in a federal court
Remedies sought (check all that
Number causes of action
apply): a. m monetary b. D nonmonetary; declaratory or injunctive relief am punitive
crumbs»
.
This case
If
of
there are any
D is
known
(spécify):
is not
related cases, file
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) (SIGNATURE 0F PARTY 0R ATTORNEY FOR PARTY)
NOTICE
a 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 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.
- 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. Page 1 otz
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.
Form Ado led for Mandala Use Rules of Coun, rules 2.30, 3.220, 3.400—3.403, 3,740;
JudicialpCouncil 01 Califiogl'nia CIVIL CASE COVER SHEET Cal.
Cal. Standards of Judicial Administration, std. 3.10
CM-O10 [Rev. January 1, 2024]
1554527001
CM-010
INSTRUCTIONS 0N 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. T-his 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 a'ction, 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 will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a re‘sponsive 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. lf a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on aII 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 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 (1 O)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
moton'st 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 PIIPDNVD (Personal Injuryl Warranty (arising from provisionally complex
Property DamageMIrongful 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 Injuryl 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 lnjury/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 PIIPDNVD domain, landlordflenant, or Other Commercial Complaint
Non-Pl/PDMID (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-comp/ex)
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
Judicial Review above) (43)
Asset Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (1 1) 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/PDNVD Ton (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 Appeal—Labor
Commissioner Appeals
CM-01O [Rev. January 2024] Page 2 of 2
1,
CIVIL CASE COVER SHEET
1554527001
Preview
CM-010 A'l'rORNEY 0R PARTY WITHOUT 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 ArrORNEY FOR (Name).- Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: SAN BERNARDINO DISTRICT 247 West Third Street MAILING ADDRESS: 5/24/2024 2:54 PM CITY AND ZIP CODE: San Bernardino CA 92415-0210 BRANCH NAME: San Bernardino District—Civil Division By: Isabel Torres, DEPUTY CASE NAME: Portfolio Recovery Associates, LLC v. CHRIS GORDON DCIV'L CASE cogR SHEET Complex Case Designation CASE "UMBER: Unlimited (Amount demanded Ill Limited (Amount demanded is E Counter Filed with first E appearance by defendant . Jomder JUDGE? CIVSB2416916 exceeds $35,000) $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: E Auto Tort E Auto (22) E Contract m Breach of contract/warranty (06) Provisionally Complex Civil Litigation D (cal-RUIeS 0f Court: l'u'es 3-400-3-403) Uninsured Motorist(46) OtherPIIPD/wmpersonal InjuryIProperty E E Rule 3.740 collections(09) 0ther°°"e°“°“5 (09) E E Antitrust/Trade regulation (03) C°”S"”°ti°" defect”) DamageNVrongful Death)Tort Asbestos (o4) E Insurance COVGfaQGUB) Othercomract (37) D Massmnwo) Securitieslitigation (28) D producmabamy (24) Medical malpractice (45) D Rea. pmpeny Eminentdomain/Inverse E IE"Viggggigtje'ggg53333;.” ”s” . . r 9 pr°v's'°"a"y °°mp|ex case ' ' ' m m me Other PI/PD/WD (23) Non-PIIPDNVD (Other)Tort D E condemnatiqn'u‘t) wmngfu'ev'cmn Other real pmpeny (33) (26) 312;??? Enforcement ofJudgment [j E Business tort/unfair Civil rights (08) business practice (07) E Unlawful Detainer E Enforcement ofjudgment (20) Miscellaneous Civil Complaint E E Defamation (13) Fraud (16) E E Commercia|(31) ReSidentia' (32) Drugs (38) E RICO(27) Othercomplaint(notspecifled above) (42) E Intellectual property(19) PfOfeSSional negligence (25) E Judicial Review D Miscellaneous E Civil Petition Partnership and corporate governance (21) Employment Other non-PI/PDNVDtort(35) E E Assetforfeiture (o5) Petition re: arbitration award (11) Otherpetition (notspecified above) (43) 2. This case Wrongfultermination (36) Other employment (15) I I is is not complex under E Writof mandate (02) Olherjudicial review (39) rule 3.400 of the California Rules of Court. If the case is complex, mark the management: a. b. E factors requiring exceptional judicial E Large number of separately represented parties Extensive motion practice raising difficult or novel d. e. E E Large number of witnesses Coordination with related actions pending in one or more courts c. E issues that Substantial will be time-consuming to resolve amount ofdocumentary evidence f. E in other counties, states, or countries. or Substantial postjudgment judicial supervision in a federal court Remedies sought (check all that Number causes of action apply): a. m monetary b. D nonmonetary; declaratory or injunctive relief am punitive crumbs» . This case If of there are any D is known (spécify): is not related cases, file 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) (SIGNATURE 0F PARTY 0R ATTORNEY FOR PARTY) NOTICE a 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 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. - 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. Page 1 otz 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. Form Ado led for Mandala Use Rules of Coun, rules 2.30, 3.220, 3.400—3.403, 3,740; JudicialpCouncil 01 Califiogl'nia CIVIL CASE COVER SHEET Cal. Cal. Standards of Judicial Administration, std. 3.10 CM-O10 [Rev. January 1, 2024] 1554527001 CM-010 INSTRUCTIONS 0N 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. T-his 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 a'ction, 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 will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a re‘sponsive 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. lf a plaintiff designates a case as complex, the cover sheet must be served with the complaint on aII 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 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 (1 O) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) moton'st 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 PIIPDNVD (Personal Injuryl Warranty (arising from provisionally complex Property DamageMIrongful 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 Injuryl 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 lnjury/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 PIIPDNVD domain, landlordflenant, or Other Commercial Complaint Non-Pl/PDMID (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-comp/ex) 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 Judicial Review above) (43) Asset Forfeiture (05) Civil Harassment Intellectual Property (19) Petition Re: Arbitration Award (1 1) 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/PDNVD Ton (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 Appeal—Labor Commissioner Appeals CM-01O [Rev. January 2024] Page 2 of 2 1, CIVIL CASE COVER SHEET 1554527001