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CM-O1 O
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name State Ber numbel; and address}:
FOR COURT USE ONLY
Christopher Mandarich SB220693 Teona Pipia SB 343337 Martin Weingarten SB 201906 Sarkis Karayan SB
316926 Jomari Lucero SB 347716
MANDARICH LAW GROU P, LLP P.O. Box 109032, Chicago, |L 60610 ELECTRONICALLY FILED
TELEPHONE NO 877.285.4918 FAX NO. (Optional): 818.888.1260
SUPERIOR COURT OF CALIFORNIA
E-MAIL ADDRESS
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
ATTORNEY FOR (Neme)'LVNV Funding LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN BERNARDINO 5/31/2024 1:24 PM
STREET ADDRESS 247 W. THIRD STREET,
MAILING ADDRESS By: Alexis Holt-Weaver, DEPUTY
CITY AND ZIP CODE; SAN BERNARDINO CA 92415—0240 FILE BY FAX
BRANCH NAME SAN BERNARDINO JUSTICE CENTER —
CIVIL DIVSIC N
CASE NAME:
LVNV Funding LLC v. Viviana Gaviria, an individual; and DOES 1-10 inclusive.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
E Unlimited
(Amount
Limited
(Amount
|:| Counter
Filed with first
|:| Joinder
appearance by defendant
clvsBZ41 7709
JUDGE
demanded demanded is
(Cal. Rules of Court, rule 3.402)
DEPT
exceeds $35,000) $35,000 or less)
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 Complex
E Auto(22)
Contract
|:| Breach of contract/Warranty (05)
Provisionally
E
(Cal.
Civil Litigation
Rules of Court, rules 1400—1403)
|:| Uninsured motorist (46)
Other PIIPDIWD (Personal InjurylPropeIty
DamageNVrongful Death) Tort
E Rule 3740 collections (09)
Other collections (09) E
E
Antitrust/Trade regulation (03)
Construction defect (10)
MaSStOIT (40)
|:|
|:|
Asbestos (04)
Product liability(24)
|:|
|:|
Insurance coverage(18)
Other contract(37) E
E
Securitieslitigation (28)
|:|
|:|
Medical malpractice (45)
Other PI/PD/WD (23)
Real Property
|:| Eminent domainllnverse
condemnation (1 4)
E Environmental/Toxic
above
tort (30)
Insurance coverage claims arising from the
listed provisionally complex case
types (41)
Non-PIIPDNVD (Other) Tort |:| Wrongful eviction (33) Enforcement of Judgment
Business tort/unfair business practice (07) |:| Other real property (26)
E Enforcement ofjudgment (20)
Civil rights
Defamation (13)
(08)
E
Unlawful Detainer
E Commercia|(31)
Miscellaneous
E RICO
Civil Complaint
DDDDDDD Fraud (16)
Intellectual property (19) E Residential(32)
Drugs(38)
E (27)
Other complaint (not specified above) (42)
Miscellaneous Civil Petition
Professional negligence (25) Judicial
E Review
Assetforfeiture(05) E
E
Partnership and corporate governance (21)
Employment
E
Other non-PI/PD/WD tort (35)
E
E Petition re: arbitration
Writofmandate(02)
award (1 1)
Other petition (notspecr'fied above) (43)
N
E E
This case
Wrongful termination (36)
Other employment (15)
is is not
E
complex under
Otherjudicial review (39)
rule 3.400 of the California Rules of Court. Ifthe case is complex, mark the
management:
E
factors requiring exceptional judicial
E
a.
b.
Large number of separately represented parties
Extensive motion practice raising difficult or novel
cl.
e.
E
E Large number of witnesses
Coordination with related actions pending in one or more
issues that will be time—consuming to resolve courts other counties, states, or countries, or afederal
E
in in
IEE
c. Substantial amount of documentary evidence court
3 Remedies sought (check allthatapply):a.
Number of causes of action (specify)?
monetary b.
f Substantial postjudgmentjudicial supervision
nonmonetary; declaratory or injunctive relief c. E punitive
4.
5
6 If
E
This case
there are any
is
known
is not
related cases,
a class action
file
suit.
and serve a notice of related case. (You may use form CM—015.)
Date: May 26, 2024
Martin Weingarten
(TYPE 0R PRINT NAME)
> ax:
(SIGNATURE OF PARTY OR 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
underthe 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 Coutt, you must serve a copy of this cover sheet 0n all
other parties to the action or proceeding.
- Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page 1 of 2
Form Adopted f0! Mandatory Use Rules 0fCourt. rulea 2 30. 3 220, 3400—3403. 3.740;
Judicial Council of California CIVIL CASE COVER SHEET Cal.
Cal. Standards ofJudICIal Admmlstratlon. std. 3.10
CM-D1U [Rev January 1‘ 2024]
www.courta cagov
INSTRUCTIONS 0N HOW T0 COMPLETE THE COVER SHEET CM-O1 0
To Plaintiffs and Others Filing First Papers. If paper (for example, a complaint) in a civil case, you must
you are filing a first
complete and file, along With your first paper, the Civil Case Cover Sheet contained 0n page ‘l. This information will be used t0 compile
statistics about the types and numbers 0f cases filed. You must complete items‘l through 6 0n the sheet. In item ‘l, 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 0f case listed in item ‘l,
check the more specific one. If the case has multiple causes 0f action, check the box that best indicates the primary cause of action.
T0 assist you in completing the sheet, examples 0f the cases that belong under each case type in item are provided below. A cover ‘l
sheet must be filed only with your initial paper. Failure t0 file a cover sheet With the first paper filed in a civil case may subject a party,
its counsel, 0r both t0 sanctions under rules 2.30 and 3.220 0f the California Rules 0f Court.
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery 0f money owed
in a sum stated t0 be certain that is not more than $25,000, exclusive 0f interest and attorney's fees, arising from a transaction in which
property, services, 0r money was acquired 0n credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery 0f real property, (4) recovery 0f personal property, 0r (5) a prejudgment writ 0f
attachment. The identification 0f a case as a rule 3.740 collections case 0n 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 t0 the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Com plex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet t0 designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 0f the California Rules 0f Court, this must be indicated by
completing the appropriate boxes in items and 2. If a plaintiff designates a case as complex, the cover sheet must be served With the
‘l
complaint 0n all parties t0 the action. A defendant may file and serve n0 later than the time 0f its first appearance a joinder in the
plaintiff's designation, a counter-designation that the case is not complex, 0r, if the plaintiff has made n0 designation, a designation that
the case is complex. CASE TYPES AND EXAMPLES
Contract
Auto Tort Provisionally Complex Civil Litigation (Cal.
Breach of ContractANarranty (06)
Auto (22)—Persona| InjurylProperty Rules of Court Rules 3.400—3.403)
Breach of RentallLease
DamageNVrongful Death AntitrustlTrade Regulation (03)
Contract (not unfawfuf detainer
Uninsured Motorist (46) (ffthe Construction Defect (1 0)
or wrongfuf eviction)
ca se in vofves an uninsured Claims Involving Mass Tort (40)
ContractANarranty Breach—Seller
motorist cfafm subject to Securities Litigation (28)
Plaintiff (not fraud or negh‘gence)
arbitration, check this item Environ mentallToxic Tort (30)
Negligent Breach of Contract!
instead of Auto) Insuran ce Coverage Claims
Warranty (arising from pro vfsfonafly compfex
Other PIIPDIWD (Personal Injury!
Oth er Breach of ContractANarranty
Property DamageNVrongful Death) case type Hsted above) (41)
Tort
Collections (e.g., money owed, open Enforcement of Judgment
book accounts) (09) Enforcement of Judgment (20)
Asbestos (04)
Collection Case—Seller Plaintiff
Asbestos Property Damage Abstract of Judgment (Out of
Oth er Promissory NotelCollections
Asbestos Personal Injury! County)
Wrongful Death
Case Confession of Judgment (non-
Insuran ce Coverage (not provisionafly
Product Liability (not asbestos or domestfc refatfons)
toxfc/envfronmenta!) (24)
compfex) (1 8) Sister State Judgment
Auto Su brogation
Medical Malpractice (45) Administrative Agency Award
Oth er Coverage
Medical Malpractice— (not unpaid taxes)
Other Contract (37)
Physicians & Surgeons PetitionlCertification of Entry of
Contractual Fraud
Other Professional Health Care Judgment on Unpaid Taxes
Oth er Contract Dispute
Malpractice Other Enforcement of Judgment
Real Property
Other PIIPDIWD (23) Case
Eminent Domainllnverse
Premises Liability (e.g., slip Miscellaneous Civil Complaint
and Condemnation (14) RICO
fall) (27)
Wrongful Eviction (33) Oth er Complaint (not specified
Intentional Bodily InjurylPDNVD
Other Real Property (e.g., quiet title) (26)
(e.g., assault, vandalism) above) (42)
Writ of Possession of Real Property
Intentional Infliction of Declaratory Relief Only
Emotional Distress
Mortgage Foreclosure
Only (non-
Injunctive Relief
Quiet Title
Negligent Infliction of harassment)
Oth er Real Property (not eminent
Emotional Distress Mechanics Lien
Other PIIPDIWD domain, fandford/fenant, or Other Commercial Complaint
forecfosure)
Non-PIIPDIWD (Other) Tort Case (non-tort/non-compfex)
Unlawful Detainer
Business TortlUnfair Busin ess Other Civil Complaint
Practice (07)
Commercial (31) (non-tort/non-compfex)
Residential (32)
Civil Rights (e.g., discrimination, Miscellaneous Civil Petition
Drugs (38) (ff the case fnvofves mega!
false arrest) (not 0va Partnership and Corporate
drugs, check this item; otherwise,
harassment) (08) Govern an ce (21)
report as Commercfaf or Residentiao
Defamation (e.g., slander, libel) Other Petition (not specified
Judicial Review above) (43)
(13)
Asset Forfeiture (05)
Fraud (1 6) Civil Harassment
Property (19)
Intellectu al
Petition Re: Arbitration Award (11) Workplace Violence
Writ of Mandate (02)
Professional Negligence (25) ElderlDependent Adult
Legal Malpractice
Writ—Administrative Mandamus Abuse
Other Professional Malpractice
Writ—Mandamus on Limited Court
Election Contest
Case Matter Name Change
(not medicaf 0r fegaD Petition for
Writ—Other Limited Court Case
Other Non-PIIPDIWD Tort (35) Petition for Relief From Late
Employment Review Claim
Other Judicial Review (39)
Wrongful Termination (36) Other Civil Petition
Other Employment (15)
Review of Health Officer Order
Notice of Appe_a|—Labor
CommISSIoner Appeals
CM-010 [Rev January 1, 2024] Page 2 of2
CIVIL CASE COVER SHEET
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CM-O1 O ATTORNEY OR PARTY WITHOUT ATTORNEY (Name State Ber numbel; and address}: FOR COURT USE ONLY Christopher Mandarich SB220693 Teona Pipia SB 343337 Martin Weingarten SB 201906 Sarkis Karayan SB 316926 Jomari Lucero SB 347716 MANDARICH LAW GROU P, LLP P.O. Box 109032, Chicago, |L 60610 ELECTRONICALLY FILED TELEPHONE NO 877.285.4918 FAX NO. (Optional): 818.888.1260 SUPERIOR COURT OF CALIFORNIA E-MAIL ADDRESS COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT ATTORNEY FOR (Neme)'LVNV Funding LLC SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN BERNARDINO 5/31/2024 1:24 PM STREET ADDRESS 247 W. THIRD STREET, MAILING ADDRESS By: Alexis Holt-Weaver, DEPUTY CITY AND ZIP CODE; SAN BERNARDINO CA 92415—0240 FILE BY FAX BRANCH NAME SAN BERNARDINO JUSTICE CENTER — CIVIL DIVSIC N CASE NAME: LVNV Funding LLC v. Viviana Gaviria, an individual; and DOES 1-10 inclusive. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: E Unlimited (Amount Limited (Amount |:| Counter Filed with first |:| Joinder appearance by defendant clvsBZ41 7709 JUDGE demanded demanded is (Cal. Rules of Court, rule 3.402) DEPT exceeds $35,000) $35,000 or less) 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 Complex E Auto(22) Contract |:| Breach of contract/Warranty (05) Provisionally E (Cal. Civil Litigation Rules of Court, rules 1400—1403) |:| Uninsured motorist (46) Other PIIPDIWD (Personal InjurylPropeIty DamageNVrongful Death) Tort E Rule 3740 collections (09) Other collections (09) E E Antitrust/Trade regulation (03) Construction defect (10) MaSStOIT (40) |:| |:| Asbestos (04) Product liability(24) |:| |:| Insurance coverage(18) Other contract(37) E E Securitieslitigation (28) |:| |:| Medical malpractice (45) Other PI/PD/WD (23) Real Property |:| Eminent domainllnverse condemnation (1 4) E Environmental/Toxic above tort (30) Insurance coverage claims arising from the listed provisionally complex case types (41) Non-PIIPDNVD (Other) Tort |:| Wrongful eviction (33) Enforcement of Judgment Business tort/unfair business practice (07) |:| Other real property (26) E Enforcement ofjudgment (20) Civil rights Defamation (13) (08) E Unlawful Detainer E Commercia|(31) Miscellaneous E RICO Civil Complaint DDDDDDD Fraud (16) Intellectual property (19) E Residential(32) Drugs(38) E (27) Other complaint (not specified above) (42) Miscellaneous Civil Petition Professional negligence (25) Judicial E Review Assetforfeiture(05) E E Partnership and corporate governance (21) Employment E Other non-PI/PD/WD tort (35) E E Petition re: arbitration Writofmandate(02) award (1 1) Other petition (notspecr'fied above) (43) N E E This case Wrongful termination (36) Other employment (15) is is not E complex under Otherjudicial review (39) rule 3.400 of the California Rules of Court. Ifthe case is complex, mark the management: E factors requiring exceptional judicial E a. b. Large number of separately represented parties Extensive motion practice raising difficult or novel cl. e. E E Large number of witnesses Coordination with related actions pending in one or more issues that will be time—consuming to resolve courts other counties, states, or countries, or afederal E in in IEE c. Substantial amount of documentary evidence court 3 Remedies sought (check allthatapply):a. Number of causes of action (specify)? monetary b. f Substantial postjudgmentjudicial supervision nonmonetary; declaratory or injunctive relief c. E punitive 4. 5 6 If E This case there are any is known is not related cases, a class action file suit. and serve a notice of related case. (You may use form CM—015.) Date: May 26, 2024 Martin Weingarten (TYPE 0R PRINT NAME) > ax: (SIGNATURE OF PARTY OR 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 underthe 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 Coutt, you must serve a copy of this cover sheet 0n all other parties to the action or proceeding. - Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 of 2 Form Adopted f0! Mandatory Use Rules 0fCourt. rulea 2 30. 3 220, 3400—3403. 3.740; Judicial Council of California CIVIL CASE COVER SHEET Cal. Cal. Standards ofJudICIal Admmlstratlon. std. 3.10 CM-D1U [Rev January 1‘ 2024] www.courta cagov INSTRUCTIONS 0N HOW T0 COMPLETE THE COVER SHEET CM-O1 0 To Plaintiffs and Others Filing First Papers. If paper (for example, a complaint) in a civil case, you must you are filing a first complete and file, along With your first paper, the Civil Case Cover Sheet contained 0n page ‘l. This information will be used t0 compile statistics about the types and numbers 0f cases filed. You must complete items‘l through 6 0n the sheet. In item ‘l, 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 0f case listed in item ‘l, check the more specific one. If the case has multiple causes 0f action, check the box that best indicates the primary cause of action. T0 assist you in completing the sheet, examples 0f the cases that belong under each case type in item are provided below. A cover ‘l sheet must be filed only with your initial paper. Failure t0 file a cover sheet With the first paper filed in a civil case may subject a party, its counsel, 0r both t0 sanctions under rules 2.30 and 3.220 0f the California Rules 0f Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery 0f money owed in a sum stated t0 be certain that is not more than $25,000, exclusive 0f interest and attorney's fees, arising from a transaction in which property, services, 0r money was acquired 0n credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery 0f real property, (4) recovery 0f personal property, 0r (5) a prejudgment writ 0f attachment. The identification 0f a case as a rule 3.740 collections case 0n 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 t0 the requirements for service and obtaining a judgment in rule 3.740. To Parties in Com plex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet t0 designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 0f the California Rules 0f Court, this must be indicated by completing the appropriate boxes in items and 2. If a plaintiff designates a case as complex, the cover sheet must be served With the ‘l complaint 0n all parties t0 the action. A defendant may file and serve n0 later than the time 0f its first appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, 0r, if the plaintiff has made n0 designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Contract Auto Tort Provisionally Complex Civil Litigation (Cal. Breach of ContractANarranty (06) Auto (22)—Persona| InjurylProperty Rules of Court Rules 3.400—3.403) Breach of RentallLease DamageNVrongful Death AntitrustlTrade Regulation (03) Contract (not unfawfuf detainer Uninsured Motorist (46) (ffthe Construction Defect (1 0) or wrongfuf eviction) ca se in vofves an uninsured Claims Involving Mass Tort (40) ContractANarranty Breach—Seller motorist cfafm subject to Securities Litigation (28) Plaintiff (not fraud or negh‘gence) arbitration, check this item Environ mentallToxic Tort (30) Negligent Breach of Contract! instead of Auto) Insuran ce Coverage Claims Warranty (arising from pro vfsfonafly compfex Other PIIPDIWD (Personal Injury! Oth er Breach of ContractANarranty Property DamageNVrongful Death) case type Hsted above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment book accounts) (09) Enforcement of Judgment (20) Asbestos (04) Collection Case—Seller Plaintiff Asbestos Property Damage Abstract of Judgment (Out of Oth er Promissory NotelCollections Asbestos Personal Injury! County) Wrongful Death Case Confession of Judgment (non- Insuran ce Coverage (not provisionafly Product Liability (not asbestos or domestfc refatfons) toxfc/envfronmenta!) (24) compfex) (1 8) Sister State Judgment Auto Su brogation Medical Malpractice (45) Administrative Agency Award Oth er Coverage Medical Malpractice— (not unpaid taxes) Other Contract (37) Physicians & Surgeons PetitionlCertification of Entry of Contractual Fraud Other Professional Health Care Judgment on Unpaid Taxes Oth er Contract Dispute Malpractice Other Enforcement of Judgment Real Property Other PIIPDIWD (23) Case Eminent Domainllnverse Premises Liability (e.g., slip Miscellaneous Civil Complaint and Condemnation (14) RICO fall) (27) Wrongful Eviction (33) Oth er Complaint (not specified Intentional Bodily InjurylPDNVD Other Real Property (e.g., quiet title) (26) (e.g., assault, vandalism) above) (42) Writ of Possession of Real Property Intentional Infliction of Declaratory Relief Only Emotional Distress Mortgage Foreclosure Only (non- Injunctive Relief Quiet Title Negligent Infliction of harassment) Oth er Real Property (not eminent Emotional Distress Mechanics Lien Other PIIPDIWD domain, fandford/fenant, or Other Commercial Complaint forecfosure) Non-PIIPDIWD (Other) Tort Case (non-tort/non-compfex) Unlawful Detainer Business TortlUnfair Busin ess Other Civil Complaint Practice (07) Commercial (31) (non-tort/non-compfex) Residential (32) Civil Rights (e.g., discrimination, Miscellaneous Civil Petition Drugs (38) (ff the case fnvofves mega! false arrest) (not 0va Partnership and Corporate drugs, check this item; otherwise, harassment) (08) Govern an ce (21) report as Commercfaf or Residentiao Defamation (e.g., slander, libel) Other Petition (not specified Judicial Review above) (43) (13) Asset Forfeiture (05) Fraud (1 6) Civil Harassment Property (19) Intellectu al Petition Re: Arbitration Award (11) Workplace Violence Writ of Mandate (02) Professional Negligence (25) ElderlDependent Adult Legal Malpractice Writ—Administrative Mandamus Abuse Other Professional Malpractice Writ—Mandamus on Limited Court Election Contest Case Matter Name Change (not medicaf 0r fegaD Petition for Writ—Other Limited Court Case Other Non-PIIPDIWD Tort (35) Petition for Relief From Late Employment Review Claim Other Judicial Review (39) Wrongful Termination (36) Other Civil Petition Other Employment (15) Review of Health Officer Order Notice of Appe_a|—Labor CommISSIoner Appeals CM-010 [Rev January 1, 2024] Page 2 of2 CIVIL CASE COVER SHEET