Preview
CM-010
ATTORNEY OR PARTY MTHOUT ATTORNEY (Name, Sete Bar number, and address) FOR COURT USE ONLY
Christopher Mandarich $8220693 Teona Pipia SB 343337 Martin Weingarten SB 201906 Sarkis Karayan SB
816926 Jomari Lucero SB 347716
|ANDARICH LAW GROUP, LLP P.O. Box 109032, Chicago, IL 60610
TELEPHONE NO.877.285.4918 FAXNO. (Optional 818.888.1260
E-MAIL ADDRESS:
ATTORNEY FOR (ama) Midland Credit Management, Inc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
‘STREET ADDRESS: 191 N FIRST STREET,
MAILING ADDRESS
CITY AND ZIP CODE JOSE CA 95113
BRANCH NAME DOWNTOWN COURTHOUSE
CASE NAME:
Midland Credit Management, Inc. v. HUY T NGUYEN, SR, an individual; and DOES 1-10 inclusive.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER
[__] Unlimited Limited {-} Counter [J Joinder
(Amount (Amount
Filed with first appearance by defendant 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).
4 Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
[J Auto (22) CJ Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
[J Uninsured motorist (46) xX] Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property Other collections (09) Cc) Construction defect (10)
DamageMrongful Death) Tort Cc) Mass tort (40)
Co] Insurance coverage (18)
[J Asbestos (04 Cc) Securities litigation (28
[__] Product liability (24) Co] Other contract (37)
Real Property Cc) Environmental/Toxic tort (30)
[__] Medical malpractice (45) [J Eminent domainsinverse LJ Insurance coverage claims arising from the
[J Other PYPDAWD (23) condemnation (14) above listed provisionally complex case
types (41)
Non-Pl/PD/WD (Other) Tort [__] Wrongful eviction (33) Enforcement of Judgment
Business tort/unfair business practice (07) [__] Other real property (26) [__] Enforcement
of judgment (20)
Civil rights (08) Unlawful Detainer
Miscellaneous Civil Complaint
Defamation (13) [__] Commercial (31) [_] Rico (27)
Fraud (16) [J Residential (32)
[J] Other complaint (not specitied above) (42)
Intellectual property (19) [ ] Drugs (38) Miscellaneous Civil Petition
Professional negligence (25) Judicial Review
[__] Asset forfeiture (05) [_"] Partnership and corporate governance (21)
Other non-PI/PDAWWD tort (35)
Employment (__] Petition re: arbitration award (11) [__] Other petition (not specified above) (43)
[__] Wrongful termination (36) [__] Whit of mandate (02)
[__] Other employment (15) [__] Other judicial review (39)
This case [| is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
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
issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal
c. [__] Substantial amount of documentary evidence court
f. [__] Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. [X_] monetary b. [__] nonmonetary; declaratory or injunctive relief c. [| punitive
4. Number of causes of action (specify):2
5. This case |__| is DC) is net aclass action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may u; form CM-015.)
Date: June 30, 2024
Jomari Lucero, Esq.
(TYPE on PRINT AME)
> ZC STIRE OF PARTY OR ATTORNEY FOR PARTY]
NOTICE 7
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 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 for Mandatory Use Cal, Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740,
Judicial Council of California CIVIL CASE COVER SHEET Cal, Standards of Judicial Acimnistration, std. 3.10
(CM-010 [Rev. January 1, 2024] _ wane. couties gov
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
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 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 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 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)-Personal Injury/Property Breach of ContractMWarranty (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 untaw/fut detainer Construction Defect (10;
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject fo 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 P/PDWD (Personal Injury/ Warranty (arising from provisionally complex
Property Damage/Wrongful 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 Injury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (nof asbestos or Insurance Coverage (not provisionally domestic reiations)
foxic/environmenta) (24) complex) (18) 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 Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PIPDAWD (23) Real Property Case
Premises Liability (¢.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PDAVD Wrongful Eviction (33) Other Complaint (not specified
(eg., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42)
Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non-
Negligent Infliction of Quiet Title harassment)
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other PI/PDAVD domain, landfordfenant, or Other Commercial Complaint
Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tor’non-complex)
Business Tort/Unfair Business Unlawtul Detainer Other Civil Complaint
Practice (07) Commercial (31) (non-tor¥non-complex)
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 (11) 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 lega) Case Matter Petition for Name Change
Other Non-PI/PDAWD 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 Appeal-Labor
Commissioner Appeals
CM-010 [Rev. January 1, 2024] CIVIL CASE COVER SHEET Page2 of 2
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SUPERIOR COURT, STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
Department 18
Honorable Shella Deen, Presiding
Farris Bryant, Courtroom Clerk
191 North First Street, San Jose, CA 95113
DATE: June 11, 2024 TIME: 9:00 A.M.
To contest the ruling, call (408) 808-6856 before 4:00 P.M.
Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling,
in accordance with California Rule of Court 3.1308(a)(1) and Local Rule 8.E
Please specify the issue to be contested when calling the Court and Counsel
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SUPERIOR COURT, STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
Department 18
Honorable Shella Deen, Presiding
Farris Bryant, Courtroom Clerk
191 North First Street, San Jose, CA 95113
DATE: June 11, 2024 TIME: 9:00 A.M.
To contest the ruling, call (408) 808-6856 before 4:00 P.M.
Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling,
in accordance with California Rule of Court 3.1308(a)(1) and Local Rule 8.E
Please specify the issue to be contested when calling the Court and Counsel
LAW AND MOTION TENTATIVE RULINGS