Preview
CM-010
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Hunt & Henriques. LLP
Donald Sherrill #266038 VVIlliam Bliss #341046| |
7017 Realm Drive, San José, CA 951 19 ELECTRONICALLY FILED
CA Debt Collection License No. 101 36-99 SUPERIOR COURT OF CALIFORNIA
TELEPHONE No: (800) 680-2426 FAx No.: (408) 362-2299 COUNTY OF SAN BERNARDINO
ATrORNEY FOR (Name).- Plaintiff SAN BERNARDINO DISTRICT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 West Third Street 5/24/2024 2:26 PM
MAILING ADDRESS:
CITY AND ZIP CODE: San Bernardino CA 92415-0210 By: Isabel Torres, DEPUTY
BRANCH NAME: San Bernardino District-Civil Division
CASE NAME: JPMorgan Chase Bank, N.A. v. ROSYMIE MANALO
C'V'L CASE COVER SHEET CIVSB2416895
CASE NUMBER:
Unlimited
(Amoum
- Limited
(Amount
E Complex Case Designation
Counter D .
Jonnder
JUDGE:
demanded demanded is Filed with first appearance by defendant
exceeds $35,000) $35,000 or less) (Cal. Rules of Court rule 3. 402) DEPT.
Items 1—6 below must be completecflsee 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 ofcontract/warranty(06)
ProvisionalIy Complex Civil Litigation
E
(Cal-RUleS 0f COURJUIES 3-400-3-403)
Uninsured Motorist(46)
OtherPl/PDIWD(PersonalInjury/Property E
E
Rule 3.740 collections(09)
o‘he'wuedbnswg) D
E
Antitrustrrraderegulation(03)
consmmion defedmo)
DamagelWrongfulDeathHort
Asbestosmfi E Insurance coverage(18)
Othercontracten E Masstort(40)
Securitieslitigation(28)
H
D Medical malprac‘ice (45)
94>
Emmy Eminentdomain/lnverse
E - - -
pr°"'s'°”a”y°°mp'excase
D
Otherpl/PD/wmzs)
Non-Pl/PD/WD(Other)Tort E
E
condemnazignl(14)
wrongfu'eVICt'OM”)
Otherrealpropenyae)
fyz‘gfiegsffd
Enforcement ofJudgment
E
E
Businesstonlunfairbusiness practice(07)
Civilrightsma)
E
UnlawfuIDetainer
D
Enforcementofjudgment(20)
Miscellaneous CiviICompIaint
E
E
Defamauonas)
Fraud(16) E
E
Commercia|<31)
ReSidemiaH32) E RICO(27)
Othercomplaint(notspecifiedabove)(42)
E
E
Intellectualproperty(19)
Professionalnegligence(25)
E
Drugsm)
JudicialReview E
Miscellaneous CiviIPetition
D Pannership and corporate governance(21)
Emponment
Other non-Pl/PDIWDton(35)
E
E
Assetforfeituremm
Petitionrezarbitration award(11)
Otherpetition (notspecifiedabove)(43)
2. This case
Wrongfultermination(36)
Other empioyment
E E is
(1 5)
is not complex under
E Writofmandate(02)
Other judicial review (39)
rule 3.400 ofthe California Rules of Court. Ifthe case is complex, mark the
a.
b.
E
factors requiring exceptional judicial
E 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. E]
issues that
Substantial
will be time-consuming
amount ofdocumentary evidence
to resolve
E in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
E
f.
3. Remedies sought (check all that
Number
apply): a. m monetary b. nonmonetary; declaratory or injunctive relief c.gpunitive
4.
5.
6.
This case
If
of
there are any
E m
causes of action (specifw:
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 23, 2024
William Bliss #341 046 ’
(TYPE 0R PRINT NAAE) (SIGNATURE 0F PARTY'wATrORNEY FOR PARTY)
NOTICE
o 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.
o 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
parties to the action or proceeding. Page 1 or:
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 ted for Mandate Use Rules of Court. rules 2.30, 3.220, 3.400—3.403, 3.740;
JudicialpCouncil ofCaIifoplfmia
CIVIL CASE COVER SHEET Cal.
Cal. Standards ofJudicialAdministration, std. 3.10
CM»01O (Rev. January 1, 2024]
1569371 .001
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. lf 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. FaiIure 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 responsive pleading. A rule 3.740 col|ections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
In
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 Rule 3.400-3.403)
Damage/Wrongful Death Breach of Rental/Lease AntitrustlTrade 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 ContractIWarranty Breach—Seller Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Ton (30)
instead of Auto) Negligent Breach of Contract! Insurance Coverage Claims
Other PIIPDNVD (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 (O4) 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)
Wrongfu| Death Case Confession of Judgment (non-
Produd 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) Pelition/Cenification 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 Domainllnverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PD/WD Wrongfu| 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 lnjunctive Relief Only (non-
Negligent lnfliction of Quiet Title harassment)
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other Pl/PD/WD domain, landlord/Yenant, 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-comp/ex)
Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (if the case involves illegal Pannership and Corporate
harassment) (08) drugs, check this item; otherwise, Governance (21)
Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (no! specified
(13) Judicial Review above) (43)
Fraud (1 6) 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 Coun Election Contest
(not medical or legal) Case Matter Petition for Name Change
Other Non-PI/PD/WD Ton (35) Writ—Other Limited Court Case Petition for Relief from Late
Employment Review Claim
Wrongfu| 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
1569371001
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CM-010 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Hunt & Henriques. LLP Donald Sherrill #266038 VVIlliam Bliss #341046| | 7017 Realm Drive, San José, CA 951 19 ELECTRONICALLY FILED CA Debt Collection License No. 101 36-99 SUPERIOR COURT OF CALIFORNIA TELEPHONE No: (800) 680-2426 FAx No.: (408) 362-2299 COUNTY OF SAN BERNARDINO ATrORNEY FOR (Name).- Plaintiff SAN BERNARDINO DISTRICT SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 West Third Street 5/24/2024 2:26 PM MAILING ADDRESS: CITY AND ZIP CODE: San Bernardino CA 92415-0210 By: Isabel Torres, DEPUTY BRANCH NAME: San Bernardino District-Civil Division CASE NAME: JPMorgan Chase Bank, N.A. v. ROSYMIE MANALO C'V'L CASE COVER SHEET CIVSB2416895 CASE NUMBER: Unlimited (Amoum - Limited (Amount E Complex Case Designation Counter D . Jonnder JUDGE: demanded demanded is Filed with first appearance by defendant exceeds $35,000) $35,000 or less) (Cal. Rules of Court rule 3. 402) DEPT. Items 1—6 below must be completecflsee 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 ofcontract/warranty(06) ProvisionalIy Complex Civil Litigation E (Cal-RUleS 0f COURJUIES 3-400-3-403) Uninsured Motorist(46) OtherPl/PDIWD(PersonalInjury/Property E E Rule 3.740 collections(09) o‘he'wuedbnswg) D E Antitrustrrraderegulation(03) consmmion defedmo) DamagelWrongfulDeathHort Asbestosmfi E Insurance coverage(18) Othercontracten E Masstort(40) Securitieslitigation(28) H D Medical malprac‘ice (45) 94> Emmy Eminentdomain/lnverse E - - - pr°"'s'°”a”y°°mp'excase D Otherpl/PD/wmzs) Non-Pl/PD/WD(Other)Tort E E condemnazignl(14) wrongfu'eVICt'OM”) Otherrealpropenyae) fyz‘gfiegsffd Enforcement ofJudgment E E Businesstonlunfairbusiness practice(07) Civilrightsma) E UnlawfuIDetainer D Enforcementofjudgment(20) Miscellaneous CiviICompIaint E E Defamauonas) Fraud(16) E E Commercia|<31) ReSidemiaH32) E RICO(27) Othercomplaint(notspecifiedabove)(42) E E Intellectualproperty(19) Professionalnegligence(25) E Drugsm) JudicialReview E Miscellaneous CiviIPetition D Pannership and corporate governance(21) Emponment Other non-Pl/PDIWDton(35) E E Assetforfeituremm Petitionrezarbitration award(11) Otherpetition (notspecifiedabove)(43) 2. This case Wrongfultermination(36) Other empioyment E E is (1 5) is not complex under E Writofmandate(02) Other judicial review (39) rule 3.400 ofthe California Rules of Court. Ifthe case is complex, mark the a. b. E factors requiring exceptional judicial E 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. E] issues that Substantial will be time-consuming amount ofdocumentary evidence to resolve E in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal court E f. 3. Remedies sought (check all that Number apply): a. m monetary b. nonmonetary; declaratory or injunctive relief c.gpunitive 4. 5. 6. This case If of there are any E m causes of action (specifw: 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 23, 2024 William Bliss #341 046 ’ (TYPE 0R PRINT NAAE) (SIGNATURE 0F PARTY'wATrORNEY FOR PARTY) NOTICE o 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. o 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 parties to the action or proceeding. Page 1 or: 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 ted for Mandate Use Rules of Court. rules 2.30, 3.220, 3.400—3.403, 3.740; JudicialpCouncil ofCaIifoplfmia CIVIL CASE COVER SHEET Cal. Cal. Standards ofJudicialAdministration, std. 3.10 CM»01O (Rev. January 1, 2024] 1569371 .001 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. lf 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. FaiIure 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 responsive pleading. A rule 3.740 col|ections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the In 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 Rule 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease AntitrustlTrade 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 ContractIWarranty Breach—Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Ton (30) instead of Auto) Negligent Breach of Contract! Insurance Coverage Claims Other PIIPDNVD (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 (O4) 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) Wrongfu| Death Case Confession of Judgment (non- Produd 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) Pelition/Cenification 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 Domainllnverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WD Wrongfu| 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 lnjunctive Relief Only (non- Negligent lnfliction of Quiet Title harassment) Emotional Distress Other Real Property (not eminent Mechanics Lien Other Pl/PD/WD domain, landlord/Yenant, 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-comp/ex) Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition false arrest) (not civil Drugs (38) (if the case involves illegal Pannership and Corporate harassment) (08) drugs, check this item; otherwise, Governance (21) Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (no! specified (13) Judicial Review above) (43) Fraud (1 6) 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 Coun Election Contest (not medical or legal) Case Matter Petition for Name Change Other Non-PI/PD/WD Ton (35) Writ—Other Limited Court Case Petition for Relief from Late Employment Review Claim Wrongfu| 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 1569371001