Preview
Allan S. Haley, SBN 105136 ELECTRONICALLY FILED
John G. Bilheimer, SBN 154580
superior Court of California,
HALEY & BILHEIMER
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County of Placer
505 Coyote Street, Suite A
WD
10/15/2020
Nevada City, California 95959
By: Olivia Lucatuorto, Deputy Clerk
Telephone: (530) 265-6357
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Facsimile: (530) 478-9485
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Email: ashaley @lawhb.com
Email: jbilheimer@lawhb.com
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Attorneys for Plaintiffs
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JAMES B. CHAPMAN, JEAN C. CHAPMAN, and
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THE JAMES AND JEAN FAMILY TRUST
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IN THE SUPERIOR COURT OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
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JAMES B. CHAPMAN, individually and as Case No. M-CV-0076733
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Trustee of the James and Jean Family Trust,
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JEAN C. CHAPMAN, individually and as
Nevada City, California 95959
505 Coyote Street, Suite A
EX PARTE APPLICATION FOR
Trustee of the James and Jean Family Trust,
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Haley & Bilheimer
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THE JAMES AND JEAN FAMILY TRUST, RECLASSIFICATION TO CIVIL
UNLIMITED ACTION; MEMORANDUM
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Plaintiff, OF POINTS AND AUTHORITIES;
DECLARATION OF ALLAN S. HALEY
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v.
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BARBA H. HARTJE, EXECUTRIX OF THE
Date: October 19, 2020
ESTATE OF HERMAN HARTIE,
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Time: 8:00
DECEASED, AND BARBA HASLIP
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Dept.: 31
HARTIE, a deceased individual, MAMICH
AND MAMICH, INC., A CALIFORNIA
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CORPORATION; UNKNOWN
DEFENDANTS, claiming any legal or
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equitable right, title, estate, lien, or interest in
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or to the real property described in the
complaint adverse to plaintiff's title, or any
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cloud on plaintiff’s title thereto;
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SUCCESSOR DEFENDANTS claiming any
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legal or equitable right, title, estate, lien, or
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interest in or to the real property described in
the complaint adverse to plaintiff’s title, or
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any cloud on plaintiff's title thereto; and
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DOES through 20, inclusive,
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NO
Defendants.
EX PARTE APPLICATION FOR RECLASSIFICATION TO CIVIL UNLIMITED ACTION, MEMORANDUM
OF POINTS AND AUTHORITIES; DECLARATION OF ALLAN S. HALEY
Plaintiffs, JAMES B. CHAPMAN, JEAN C. CHAPMAN, and THE JAMES AND JEAN
FAMILY TRUST (CHAPMAN), by and through their attorney of record, apply for an order
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reclassifying the above-entitled action as a unlimited civil case under the provisions of Code Civ.
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Proc., § 403.040(b). This application is based upon the provisions of Code Civ. Proc., $
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403.040(b)(1) and (2), on the attached Declaration of Allan S. Haley, the Memorandum of Points
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and Authorities, Verified Complaint, the Proposed Order submitted herewith, and the complete
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files and records of this action.
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Dated: October 15, 2020 HALEY & BILHEIMER
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llan S. Haley
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Attorney for Plaintiffs
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RS
JAMES B. CHAPMAN, JEAN C.
CHAPMAN, and THE JAMES AND JEAN
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FAMILY TRUST
Nevada City, California 95959
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505 Coyote Street, Suite A
Haley & Bilheimer
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MEMORANDUM OF POINTS AND AUTHORITIES
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The complaint to quiet title in this matter was filed on July 8, 2020, regarding that certain |
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property located at Placer County Assessor’s Parcel No. 068-030-005. The case was incorrectly
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classified as a limited civil case. On September 23, 2020, the court ordered that reclassification
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be sought.
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Code Civ. Proc. § 403.040 provides:
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(a) The plaintiff, cross-complainant, or petitioner may file a motion for
reclassification within the time allowed for that party to amend the initial pleading.
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The defendant or cross-defendant may file a motion for reclassification within the
time allowed for that party to respond to the initial pleading. The court, on its own
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motion, may reclassify a case at any time. A motion for reclassification does not
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extend the moving party's time to amend or answer or otherwise respond. The
court shall grant the motion and enter an order for reclassification, regardless of
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any fault or lack of fault, if the case has been classified in an incorrect
jurisdictional classification.
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(b) If a party files a motion for reclassification after the time for that party to
amend that party's initial pleading or to respond to a complaint, cross-complaint, or
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other initial pleading, the court shall grant the motion and enter an order for
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reclassification only if both of the following conditions are satisfied:
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EX PARTE APPLICATION FOR RECLASSIFICATION TO CIVIL UNLIMITED ACTION; MEMORANDUM
OF POINTS AND AUTHORITIES; DECLARATION OF ALLAN S. HALEY
(1) The case is incorrectly classified.
(2) The moving party shows good cause for not seeking reclassification
earlier.
The civil case cover sheet misstated the jurisdictional classification of this action in that
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the complaint erroneously characterized the action as a limited civil when in fact a quiet title
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action is an unlimited civil case. (Declaration of Allan S. Haley, { 4.)
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There is good cause for not seeking reclassification earlier in that this error was not
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brought to Plaintiffs’ counsel’s attention until September 23, 2020 when the court ordered that
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reclassification be sought. Plaintiffs counsel was unable to apply to the court until this time
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10 because he was out of the state until October 12, 2020. (Declaration of Allan S. Haley, { 5.)
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12 CONCLUSION
13 For the aforementioned reasons, CHAPMANSs’ application for an order reclassifying the
Nevada City, California 95959
505 Coyote Street, Suite A
14 case to a Civil Unlimited action should be granted.
Haley & Bilheimer
15 Dated: October 15, 2020 HALEY & BILHEIMER
16
17
Allan S. Haley
18 Attorney for Plaintiffs
JAMES B. CHAPMAN, JEAN C.
19
CHAPMAN, and THE JAMES AND JEAN
20 FAMILY TRUST
21 DECLARATION OF ALLAN S. HALEY
22 I, Allan S. Haley , declare as follows:
23 1. I am the attorney for Plaintiffs in the above-captioned case.
24 2. I am over the age of eighteen years. I have personal knowledge of the facts
Zo contained herein and if called upon to testify could and would competently testify thereto.
26 3. I make this Declaration in support of the ex parte application for an order
2} reclassifying this case to a Civil Unlimited action.
28 4. The civil case cover sheet accompanying the initial complaint filed with this court
3
EX PARTE APPLICATION FOR RECLASSIFICATION TO CIVIL UNLIMITED ACTION; MEMORANDUM
OF POINTS AND AUTHORITIES; DECLARATION OF ALLAN S. HALEY
KF on July 7, 2020, a true copy of which is attached to the declaration as Exhibit A, misstated the
jurisdictional classification of this action in that the complaint erroneously characterized the
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action as a limited civil when in fact a quiet title action is an unlimited civil case.
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5. There is good cause for not seeking reclassification earlier in that this error was
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not brought to my attention until September 23, 2020 when the court ordered that reclassification
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be-sought. I was unable to apply to the court until this time because I was out of the state until
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October 12, 2020.
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I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct and that this declaration is executed in Nevada City, California on
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October 15, 2020.
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Allan S. Haley A
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Nevada City, California 95959
505 Coyote Street, Suite A
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Haley & Bilheimer
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EX PARTE APPLICATION FOR RECLASSIFICATION TO CIVIL UNLIMITED ACTION; MEMORANDUM
OF POINTS AND AUTHORITIES; DECLARATION OF ALLAN S. HALEY
EXHIBIT A
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Namne, State Sar number. and address)
Allan S. Haley, SBN: 105136 USE ONLY
FOR COURT
Haley & Bilheimer
505 Coyote Street, Suite A, Nevada City, CA 95959 ELECTRONICALLY FILED
superior Court of California,
TELEPHONE NO 530-265-6357 FAX NO (Opiona). 530-478-9485 Count y of Placer
ATTORNEY FOR (Name) Plaintiffs, James and Jean Chapman
SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER . 07-08-2020
STREET ADDRESS 10820 Justice Center Drive, Roseville, CA 95678 By: Mavis Anderson, Deputy Clerk
MAILING ADDRESS P.Q. Box 619072, Roseville CA 95661-9072
ciTY AND ZIP Cope Roseville, 95678
BRANCH NAME Hon. Howard Gibson Courthouse
CASE NAME:
James B. Chapman et al. v. Barba Harije et al.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER
[_] Unlimited [x] Limited [_] Counter [__] Joinder M-CV-0076733
(Amount {Amount . .
. Filed with first appearance by defendant |juoce.
Cugnoes demanded is (Cal. Rules of Court, rule 3.402)
exceeds $25,000) $25,000) : ' ‘ DEPT
Placer Superior Court Accepted through eDelivery submitted 07-08-2020 at 09:55:12 AM
ltems 1-6 below must be completed (see instructions on page 2).
7. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
| Auto (22) Cc] Breach of contractAwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
[-“] Uninsured motorist (46) (__] Rule 3.740 collections (09) [_]) AntitrusuTrade regulation (03)
Other PIPD/WD (Personal Injury/Property = [—_] Other collections (09) [_] Construction defect (10)
Damage/Wrongful Death) Tort {__] Insurance coverage (18) [")} Mass tort (40)
| Asbestos (04) [J other contract (37) [__] Securities litigation (28)
[___] Product liability (24) Real Property [__] Environmentat/Toxic tort (30)
[-_] Medical malpractice (45) [J] Eminent domainiinverse [__] insurance coverage claims arising from the
above listed provisionally complex case
[-_] Other PYPDAND (23) condemnation (14) types (41)
Non-PI/PDAWD (Other) Tort [_*] Wrongful eviction (33) Enforcement of Judgment
[___] Business tort/unfair business practice (07) ((x_] Other real property (26) [-_] Enforcement of judgment (20)
[J Civil rights (08) Saad Miscellaneous Civil Complaint
[__] Defamation (13) [J Commercial (31) [7] Rico (27)
[_} Fraud (16) [__] Residential (32) F__] Other complaint (not specified above) (42)
Cc) Notenton eee (19) 95 [__] Drugs (38) Miscellaneous Civil Petition
rofessional negligence
= Other non PUPDIND i (8) (__] Asset forfeiture (05) L_] Partnership and corpora governance 1)
Employment {__] Petition re: arbitration award (11) [__] ther petition (not specified above) (43)
[__] Wrongful termination (36) [__] Whit of mandate (02)
[__] Other employment (15) [__] Other judicial review (39)
2. Thiscase [| is [[*]isnot 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 mation 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
. (__] Substantial postjudgment judicial supervision
Remedies sought (check aif that apply): a. [__] monetary b. [4¢_] nonmonetary; declaratory or injunctive relief c. [__] punitive
aso
Number of causes of action (specify): 2: Terminate Dormant Mineral Rights; Quiet Title
Thiscase [__] is [x ]isnot aclass action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
Date: June 26, 2020
Allan S. Haley
{TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PA)
NOTICE
« 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 loca! 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 oa ;
of2
Fonn Adopted for Mandatory Use Cal Rules of Court, rulas 2 30, 3.220 3 400-2 403. 3 740,
Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10
£M-010 [Ray July 1, 2007] ww courts.ca.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 rust 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 anc 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
Placer Superior Court Accepted through eDelivery submitted 07-08-2020 at 09:55:12 AM
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
plaintiffs 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 Provislonally Complex Civil Litigation (Cal.
Auto (22}-Personal Injury/Property Breach of ContraclWarranty (06) Rules of Court Rules 3.400—3.403)}
Damage/Wrongful Death Breach of Rental/Lease Antitrus/Trade Regulation (03)
Uninsured Motorist (46} (if the Contract (not unfawful 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) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PI/PDAWD (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 {not asbestos or Insurance Coverage (not provisionally domestic relations)
toxic/eaviranmental) (24) complex) (18) Sister State Judgment
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Medica! 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 PHPOMWD (23) Real Property Case
Premises Liability (e g., slip Eminent Domain/inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily InjuryfPDAVD Wrongful Eviction (33) Other Complaint (not specified
(é.g., assault, vandalism) Other Real Property (@.9., 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 P/PDAVD domain, fandiordftenant, or Other Commercial Complaint
Non-Pl/PDAWD (Other) Tort foreclosure) Case (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) Commercial (31) (non-tort/non-compiex)
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)
{13) Asset Forfeiture (05)
Fraud {16} Civil Harassment
Intellectual Property (19) Petition Re. Arbitration Award (11) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult
Legal Malpracti
Preview
Allan S. Haley, SBN 105136 ELECTRONICALLY FILED John G. Bilheimer, SBN 154580 superior Court of California, HALEY & BILHEIMER YN County of Placer 505 Coyote Street, Suite A WD 10/15/2020 Nevada City, California 95959 By: Olivia Lucatuorto, Deputy Clerk Telephone: (530) 265-6357 FP Facsimile: (530) 478-9485 Uo Email: ashaley @lawhb.com Email: jbilheimer@lawhb.com Dn Attorneys for Plaintiffs nN JAMES B. CHAPMAN, JEAN C. CHAPMAN, and wo THE JAMES AND JEAN FAMILY TRUST oo IN THE SUPERIOR COURT OF CALIFORNIA OO Se IN AND FOR THE COUNTY OF PLACER KF JAMES B. CHAPMAN, individually and as Case No. M-CV-0076733 EF NY Trustee of the James and Jean Family Trust, Ww OF JEAN C. CHAPMAN, individually and as Nevada City, California 95959 505 Coyote Street, Suite A EX PARTE APPLICATION FOR Trustee of the James and Jean Family Trust, FP Haley & Bilheimer He THE JAMES AND JEAN FAMILY TRUST, RECLASSIFICATION TO CIVIL UNLIMITED ACTION; MEMORANDUM KF DHA Plaintiff, OF POINTS AND AUTHORITIES; DECLARATION OF ALLAN S. HALEY KF v. FR WON BARBA H. HARTJE, EXECUTRIX OF THE Date: October 19, 2020 ESTATE OF HERMAN HARTIE, HR Time: 8:00 DECEASED, AND BARBA HASLIP Oo He Dept.: 31 HARTIE, a deceased individual, MAMICH AND MAMICH, INC., A CALIFORNIA DOD YN CORPORATION; UNKNOWN DEFENDANTS, claiming any legal or KF HY equitable right, title, estate, lien, or interest in NHN NY or to the real property described in the complaint adverse to plaintiff's title, or any Ww WYN cloud on plaintiff’s title thereto; FBP SUCCESSOR DEFENDANTS claiming any NH legal or equitable right, title, estate, lien, or Hn NO interest in or to the real property described in the complaint adverse to plaintiff’s title, or NO Nn any cloud on plaintiff's title thereto; and wpoO DOES through 20, inclusive, Oo NO Defendants. EX PARTE APPLICATION FOR RECLASSIFICATION TO CIVIL UNLIMITED ACTION, MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ALLAN S. HALEY Plaintiffs, JAMES B. CHAPMAN, JEAN C. CHAPMAN, and THE JAMES AND JEAN FAMILY TRUST (CHAPMAN), by and through their attorney of record, apply for an order YN reclassifying the above-entitled action as a unlimited civil case under the provisions of Code Civ. WY Proc., § 403.040(b). This application is based upon the provisions of Code Civ. Proc., $ FP 403.040(b)(1) and (2), on the attached Declaration of Allan S. Haley, the Memorandum of Points nO and Authorities, Verified Complaint, the Proposed Order submitted herewith, and the complete DB files and records of this action. NIN Dated: October 15, 2020 HALEY & BILHEIMER CO Oo llan S. Haley eS OO Attorney for Plaintiffs KF RS JAMES B. CHAPMAN, JEAN C. CHAPMAN, and THE JAMES AND JEAN NY FF FAMILY TRUST Nevada City, California 95959 FW 505 Coyote Street, Suite A Haley & Bilheimer FF MEMORANDUM OF POINTS AND AUTHORITIES KF The complaint to quiet title in this matter was filed on July 8, 2020, regarding that certain | Donn FF property located at Placer County Assessor’s Parcel No. 068-030-005. The case was incorrectly RP classified as a limited civil case. On September 23, 2020, the court ordered that reclassification ON Re be sought. OO KH Code Civ. Proc. § 403.040 provides: CO NO (a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. KF WN The defendant or cross-defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. The court, on its own NHN NY motion, may reclassify a case at any time. A motion for reclassification does not WwW YN extend the moving party's time to amend or answer or otherwise respond. The court shall grant the motion and enter an order for reclassification, regardless of BR NHN any fault or lack of fault, if the case has been classified in an incorrect jurisdictional classification. MN HN OO YN (b) If a party files a motion for reclassification after the time for that party to amend that party's initial pleading or to respond to a complaint, cross-complaint, or wpoO other initial pleading, the court shall grant the motion and enter an order for oN reclassification only if both of the following conditions are satisfied: Oo 2 EX PARTE APPLICATION FOR RECLASSIFICATION TO CIVIL UNLIMITED ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ALLAN S. HALEY (1) The case is incorrectly classified. (2) The moving party shows good cause for not seeking reclassification earlier. The civil case cover sheet misstated the jurisdictional classification of this action in that F& the complaint erroneously characterized the action as a limited civil when in fact a quiet title Nn action is an unlimited civil case. (Declaration of Allan S. Haley, { 4.) Dn There is good cause for not seeking reclassification earlier in that this error was not IN brought to Plaintiffs’ counsel’s attention until September 23, 2020 when the court ordered that Oo reclassification be sought. Plaintiffs counsel was unable to apply to the court until this time 0 10 because he was out of the state until October 12, 2020. (Declaration of Allan S. Haley, { 5.) 11 12 CONCLUSION 13 For the aforementioned reasons, CHAPMANSs’ application for an order reclassifying the Nevada City, California 95959 505 Coyote Street, Suite A 14 case to a Civil Unlimited action should be granted. Haley & Bilheimer 15 Dated: October 15, 2020 HALEY & BILHEIMER 16 17 Allan S. Haley 18 Attorney for Plaintiffs JAMES B. CHAPMAN, JEAN C. 19 CHAPMAN, and THE JAMES AND JEAN 20 FAMILY TRUST 21 DECLARATION OF ALLAN S. HALEY 22 I, Allan S. Haley , declare as follows: 23 1. I am the attorney for Plaintiffs in the above-captioned case. 24 2. I am over the age of eighteen years. I have personal knowledge of the facts Zo contained herein and if called upon to testify could and would competently testify thereto. 26 3. I make this Declaration in support of the ex parte application for an order 2} reclassifying this case to a Civil Unlimited action. 28 4. The civil case cover sheet accompanying the initial complaint filed with this court 3 EX PARTE APPLICATION FOR RECLASSIFICATION TO CIVIL UNLIMITED ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ALLAN S. HALEY KF on July 7, 2020, a true copy of which is attached to the declaration as Exhibit A, misstated the jurisdictional classification of this action in that the complaint erroneously characterized the NY action as a limited civil when in fact a quiet title action is an unlimited civil case. WY 5. There is good cause for not seeking reclassification earlier in that this error was FP not brought to my attention until September 23, 2020 when the court ordered that reclassification Wn be-sought. I was unable to apply to the court until this time because I was out of the state until Dn October 12, 2020. NN I declare under penalty of perjury under the laws of the State of California that the Oo foregoing is true and correct and that this declaration is executed in Nevada City, California on oOo October 15, 2020. CO Fe YF Allan S. Haley A NY Fe WO Nevada City, California 95959 505 Coyote Street, Suite A KF FEF Haley & Bilheimer AH KF Do FP KF wmOmN YF KF OO YN Fe NY NHN NN WOW NH BR WN UN NH ONO NO wp oN wb 4 EX PARTE APPLICATION FOR RECLASSIFICATION TO CIVIL UNLIMITED ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ALLAN S. HALEY EXHIBIT A CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Namne, State Sar number. and address) Allan S. Haley, SBN: 105136 USE ONLY FOR COURT Haley & Bilheimer 505 Coyote Street, Suite A, Nevada City, CA 95959 ELECTRONICALLY FILED superior Court of California, TELEPHONE NO 530-265-6357 FAX NO (Opiona). 530-478-9485 Count y of Placer ATTORNEY FOR (Name) Plaintiffs, James and Jean Chapman SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER . 07-08-2020 STREET ADDRESS 10820 Justice Center Drive, Roseville, CA 95678 By: Mavis Anderson, Deputy Clerk MAILING ADDRESS P.Q. Box 619072, Roseville CA 95661-9072 ciTY AND ZIP Cope Roseville, 95678 BRANCH NAME Hon. Howard Gibson Courthouse CASE NAME: James B. Chapman et al. v. Barba Harije et al. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER [_] Unlimited [x] Limited [_] Counter [__] Joinder M-CV-0076733 (Amount {Amount . . . Filed with first appearance by defendant |juoce. Cugnoes demanded is (Cal. Rules of Court, rule 3.402) exceeds $25,000) $25,000) : ' ‘ DEPT Placer Superior Court Accepted through eDelivery submitted 07-08-2020 at 09:55:12 AM ltems 1-6 below must be completed (see instructions on page 2). 7. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation | Auto (22) Cc] Breach of contractAwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) [-“] Uninsured motorist (46) (__] Rule 3.740 collections (09) [_]) AntitrusuTrade regulation (03) Other PIPD/WD (Personal Injury/Property = [—_] Other collections (09) [_] Construction defect (10) Damage/Wrongful Death) Tort {__] Insurance coverage (18) [")} Mass tort (40) | Asbestos (04) [J other contract (37) [__] Securities litigation (28) [___] Product liability (24) Real Property [__] Environmentat/Toxic tort (30) [-_] Medical malpractice (45) [J] Eminent domainiinverse [__] insurance coverage claims arising from the above listed provisionally complex case [-_] Other PYPDAND (23) condemnation (14) types (41) Non-PI/PDAWD (Other) Tort [_*] Wrongful eviction (33) Enforcement of Judgment [___] Business tort/unfair business practice (07) ((x_] Other real property (26) [-_] Enforcement of judgment (20) [J Civil rights (08) Saad Miscellaneous Civil Complaint [__] Defamation (13) [J Commercial (31) [7] Rico (27) [_} Fraud (16) [__] Residential (32) F__] Other complaint (not specified above) (42) Cc) Notenton eee (19) 95 [__] Drugs (38) Miscellaneous Civil Petition rofessional negligence = Other non PUPDIND i (8) (__] Asset forfeiture (05) L_] Partnership and corpora governance 1) Employment {__] Petition re: arbitration award (11) [__] ther petition (not specified above) (43) [__] Wrongful termination (36) [__] Whit of mandate (02) [__] Other employment (15) [__] Other judicial review (39) 2. Thiscase [| is [[*]isnot 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 mation 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 . (__] Substantial postjudgment judicial supervision Remedies sought (check aif that apply): a. [__] monetary b. [4¢_] nonmonetary; declaratory or injunctive relief c. [__] punitive aso Number of causes of action (specify): 2: Terminate Dormant Mineral Rights; Quiet Title Thiscase [__] is [x ]isnot aclass action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: June 26, 2020 Allan S. Haley {TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PA) NOTICE « 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 loca! 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 oa ; of2 Fonn Adopted for Mandatory Use Cal Rules of Court, rulas 2 30, 3.220 3 400-2 403. 3 740, Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10 £M-010 [Ray July 1, 2007] ww courts.ca.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 rust 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 anc 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 Placer Superior Court Accepted through eDelivery submitted 07-08-2020 at 09:55:12 AM 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 plaintiffs 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 Provislonally Complex Civil Litigation (Cal. Auto (22}-Personal Injury/Property Breach of ContraclWarranty (06) Rules of Court Rules 3.400—3.403)} Damage/Wrongful Death Breach of Rental/Lease Antitrus/Trade Regulation (03) Uninsured Motorist (46} (if the Contract (not unfawful 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) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other PI/PDAWD (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 {not asbestos or Insurance Coverage (not provisionally domestic relations) toxic/eaviranmental) (24) complex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medica! 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 PHPOMWD (23) Real Property Case Premises Liability (e g., slip Eminent Domain/inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily InjuryfPDAVD Wrongful Eviction (33) Other Complaint (not specified (é.g., assault, vandalism) Other Real Property (@.9., 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 P/PDAVD domain, fandiordftenant, or Other Commercial Complaint Non-Pl/PDAWD (Other) Tort foreclosure) Case (non-tort/non-complex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) Commercial (31) (non-tort/non-compiex) 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) {13) Asset Forfeiture (05) Fraud {16} Civil Harassment Intellectual Property (19) Petition Re. Arbitration Award (11) Workplace Violence Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult Legal Malpracti