Preview
CM-010
AWORNEY 0R PARTY WITHOUT ATrORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Hunt & Henriques, LLP
Donald Sherrill #266038 Brian Langedyk #337250 | |
7017 Realm Drive, San José, CA 95119
CA Debt Collection License No. 101 36-99
TELEPHONE No: (800) 680-2426 FAX N0; (408) 362-2299 ELECTRONICALLY FILED
ATTORNEY FOR (Name).- Plaintiff SUPERIOR COURT OF CALIFORNIA
SUPERIOR COURT 0F 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 2:55 PM
BRANCH NAME: San Bernardino District-Civil Division
By: Ilisha Siggers, DEPUTY
CASE NAME: Portfolio Recovery Associates, LLC v. OBED RODRIGUEZ
COVER SHEET CASE NUMBER:
I
CIVIL CASE
Unlimited
(Amount
- Limited
(Amount
E Complex Case Designation
Counter Jomder D .
JUDGE:
CIVSB2416926
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 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
E Breach of contract/warranty (06)
Provisionally Complex Civil Litigation
E
(cal-RU'es 0f courts ““95 3-400'3-403)
Uninsured Motorist (46)
Other Pl/PDNVD (Personal lnjuryIProperty E
E
Rule 3.740 collections (09)
Other co'lecfions (09) E
E
AntitrUSt/Trade reQUlation (03)
conStrucfion defeCt (10)
E
DamageIWrongful Death) Tort
D Asbestos (04)
Insurance coverage (18)
Other contract (37) D
E
Mass tort (40)
Securities litigation (28)
D
E
Product "ability (24)
Medical malpractice (45> E
Real Property
Eminent domain/mverse D Environmental/Toxic
m:Tigfeg°gfggggggfi;ygoagg;gg
tgrt (30‘).
g2”
D
Other PI/PD/wo (23)
Non-PI/PDNVD (Other) Tort
Business tort/unfair business practice (07)
E
E
condemnatignim)
wronngI ev'cnon (33)
Other real pmpeny (26)
E
types (41)
Enforcement of Judgment
Enforcement ofjudgment (20)
E3
E
E
Civil rights (08)
Defamation (13) D
Unlawful Detainer
E Commercial (31) E
Miscellaneous
D RICO
Civil
(27)
Complaint
E
C]
Fraud (1e)
Intellectual property (19) E Residential (32)
Drugs (33)
E
Other complaint (notspecified above) (42)
Miscellaneous Civil Petition
D PrOfGSSiona' negligence (25)
Other non-PllPD/WD tort (35) E
Judicial
E
Review
Asset forfeiture (o5) E Pannership and corporate governance (21)
Other petition (not specified above) (43)
E
Employment
Wrongful termination (36) E
D
Petition re: arbitration
Writ of mandate (02)
award (11)
2. This case
Other employment
is
(1
E 5)
is not complex under
Otherjudicial review (39)
rule 3.400 of the California Rules of Court. If the 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
amount
be time-consuming to resolve
of documentary evidence f. E in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
3. Remedies sought (check all that apply): a. monetary b. E nonmonetary; declaratory or injunctive relief 9E punitive
4.
5.
6.
This case
If there are any
E m
Number of causes of action (specify): 1
is
known
is
related cases, file
not a class action suit.
and serve a notice of related case. (You may use form CM—015)
Date: April 26, 2024
Brian Langedyk #337250 ’ \
(TYPE 0R PRINT NAME) \muK’rURE 0F PARTY 0R ATTORNEY FOR PARTY)
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 Institljtions 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 complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy ofthis cover sheet on all other
case is
parties to the action or proceeding Page 1 ofz
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 Adopted for Mandatory Use Rules of Court rules 2.30, 3.220, 3400—3403, 3.740;
Judicial Council of California
CIVIL CASE COVER SHEET Cal.
Cal. Standards of Judicial Administration, std. 3.10
CM-010 [Rev‘ January 1, 2024]
1560361 .001
V
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. 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 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 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
me case is complex.
CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Civil Litigation (Cal.
Auto (22)—Personal lnjury/Property Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403)
DamageNVrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (O3)
Uninsured Motorist (46) (ifthe 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) EnvironmentaI/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PIIPDNVD (Personal Injuryl 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 ofJudgment (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/en vironmental) (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 Injury/PD/WD 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 Propeny Declaratory Relief Only
Emotional Distress Mongage Foreclosure Injunctive Relief Only (non—
Negligent Infliction of Quiet Title harassment)
Emotional Distress Other Real Propeny (not eminent Mechanics Lien
Other PI/PD/WD domain, landlord/tenant, or Other Commercial Complaint
Non-Pl/PDIWD (Other) Tort foreclosure) Case (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (O7) 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
(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 0f Mandate (02) EIder/Dependent Adult
Legal Malpractice Writ—Administrative Mandamus Abuse
Other Professional Malpractice Wril—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 Relief from Late
Employment Review Claim
Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition
Other Employment (15) 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
1560361 .001
Preview
CM-010 AWORNEY 0R PARTY WITHOUT ATrORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Hunt & Henriques, LLP Donald Sherrill #266038 Brian Langedyk #337250 | | 7017 Realm Drive, San José, CA 95119 CA Debt Collection License No. 101 36-99 TELEPHONE No: (800) 680-2426 FAX N0; (408) 362-2299 ELECTRONICALLY FILED ATTORNEY FOR (Name).- Plaintiff SUPERIOR COURT OF CALIFORNIA SUPERIOR COURT 0F 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 2:55 PM BRANCH NAME: San Bernardino District-Civil Division By: Ilisha Siggers, DEPUTY CASE NAME: Portfolio Recovery Associates, LLC v. OBED RODRIGUEZ COVER SHEET CASE NUMBER: I CIVIL CASE Unlimited (Amount - Limited (Amount E Complex Case Designation Counter Jomder D . JUDGE: CIVSB2416926 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 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 E Breach of contract/warranty (06) Provisionally Complex Civil Litigation E (cal-RU'es 0f courts ““95 3-400'3-403) Uninsured Motorist (46) Other Pl/PDNVD (Personal lnjuryIProperty E E Rule 3.740 collections (09) Other co'lecfions (09) E E AntitrUSt/Trade reQUlation (03) conStrucfion defeCt (10) E DamageIWrongful Death) Tort D Asbestos (04) Insurance coverage (18) Other contract (37) D E Mass tort (40) Securities litigation (28) D E Product "ability (24) Medical malpractice (45> E Real Property Eminent domain/mverse D Environmental/Toxic m:Tigfeg°gfggggggfi;ygoagg;gg tgrt (30‘). g2” D Other PI/PD/wo (23) Non-PI/PDNVD (Other) Tort Business tort/unfair business practice (07) E E condemnatignim) wronngI ev'cnon (33) Other real pmpeny (26) E types (41) Enforcement of Judgment Enforcement ofjudgment (20) E3 E E Civil rights (08) Defamation (13) D Unlawful Detainer E Commercial (31) E Miscellaneous D RICO Civil (27) Complaint E C] Fraud (1e) Intellectual property (19) E Residential (32) Drugs (33) E Other complaint (notspecified above) (42) Miscellaneous Civil Petition D PrOfGSSiona' negligence (25) Other non-PllPD/WD tort (35) E Judicial E Review Asset forfeiture (o5) E Pannership and corporate governance (21) Other petition (not specified above) (43) E Employment Wrongful termination (36) E D Petition re: arbitration Writ of mandate (02) award (11) 2. This case Other employment is (1 E 5) is not complex under Otherjudicial review (39) rule 3.400 of the California Rules of Court. If the 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 amount be time-consuming to resolve of documentary evidence f. E in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal court 3. Remedies sought (check all that apply): a. monetary b. E nonmonetary; declaratory or injunctive relief 9E punitive 4. 5. 6. This case If there are any E m Number of causes of action (specify): 1 is known is related cases, file not a class action suit. and serve a notice of related case. (You may use form CM—015) Date: April 26, 2024 Brian Langedyk #337250 ’ \ (TYPE 0R PRINT NAME) \muK’rURE 0F PARTY 0R ATTORNEY FOR PARTY) 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 Institljtions 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 complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy ofthis cover sheet on all other case is parties to the action or proceeding Page 1 ofz 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 Adopted for Mandatory Use Rules of Court rules 2.30, 3.220, 3400—3403, 3.740; Judicial Council of California CIVIL CASE COVER SHEET Cal. Cal. Standards of Judicial Administration, std. 3.10 CM-010 [Rev‘ January 1, 2024] 1560361 .001 V 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. 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 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 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 me case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto (22)—Personal lnjury/Property Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403) DamageNVrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (O3) Uninsured Motorist (46) (ifthe 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) EnvironmentaI/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other PIIPDNVD (Personal Injuryl 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 ofJudgment (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/en vironmental) (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 Injury/PD/WD 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 Propeny Declaratory Relief Only Emotional Distress Mongage Foreclosure Injunctive Relief Only (non— Negligent Infliction of Quiet Title harassment) Emotional Distress Other Real Propeny (not eminent Mechanics Lien Other PI/PD/WD domain, landlord/tenant, or Other Commercial Complaint Non-Pl/PDIWD (Other) Tort foreclosure) Case (non-tort/non-complex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (O7) 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 (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 0f Mandate (02) EIder/Dependent Adult Legal Malpractice Writ—Administrative Mandamus Abuse Other Professional Malpractice Wril—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 Relief from Late Employment Review Claim Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition Other Employment (15) 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 1560361 .001