Preview
Electronically Filed
Jeffrey J. Williams, Esq. (SBN 156401) 7/20/2020 11:46 AM
W. Brad Barbagallo, Esq. (SBN 316721) Superior Court of California
CHERNOW AND LIEB
Attorneys at Law County of Stanislaus
21255 Califa Street Clerk of the Court
Woodland Hills, CA 91367 By: Nicole Nelson, Deputy
Tel.: (818) 594-5204
Facsimile (818) 227-3112 $435 PD
Attorneys for Plaintiff
ZENITH INSURANCE COMPANY, a corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF STANISLAUS
Case No. CV-18-004481
10 PHILIP DELGADILLO,
INTERVENOR, ZENITH
11 Plaintiff, INSURANCE COMPANY’S NOTICE
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vs. OF MOTION AND MOTION
SEEKING LEAVE TO INTERVENE
13 HILMAR CHEESE COMPANY,
INC.; and DOES 1-25, inclusive, Hearing Date: August 20, 2020
14 Hearing Time: 8:30 a.m.
Defendants. Hearing Place: Dept. 24
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ZENITH INSURANCE COMPANY,
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19 Plaintiff-in-Intervention.
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22 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
23 PLEASE TAKE NOTICE that on August 20, 2020 at 8:30 a.m., or as soon thereafter
24 as the matter may be heard in Department 24 of the above-entitled court located at 801 10th
25 Street, Modesto, CA 95354, Intervenor, Zenith Insurance Company, will and hereby does move
26 the Court for an order granting leave to file a Complaint-in-Intervention in the above-entitled
27 action pursuant to Civil Code§ 387 and Labor Code §§ 3850, 3852 and 3853.
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Delgadillo #767921 CASE NO. CV-18-004481
This motion is based on this Notice and Motion, the accompanying Memorandum of
Points and Authorities, and the attached Declaration of W. Brad Barbagallo, the papers and
pleadings on file herein, and on such other further oral argument and documentary evidence that
may be presented at the hearing on this matter.
Dated: July 14, 2020 Le Lu beagle(SBN
Jeffrey J. Willi 156401)
W. Brad Barbagallo, Esq. (SBN 316721)
CHERNOW AND LIEB
Attorneys for Plaintiff,
Zenith Insurance Company
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Delgadillo #767921
CASE NO. CV-18-004481
MEMORANDUM OF POINTS AND AUTHORITIES
I INTRODUCTION.
Intervenor, Zenith Insurance Company (“Zenith”), is a workers compensation insurance
company asserting its statutory subrogation rights (Labor Code §§ 3850, et seq.) for benefits paid
to and on behalf of plaintiff, Phil Delgadillo (“Mr. Delgadillo”), for injuries sustained as a result
of a February 25, 2018, accident on defendant’s property. As Zenith has a statutory right to
intervene and this litigation remains in its infancy, Zenith respectfully requests an order from the
Court granting leave to file a Complaint-in-Intervention in the above-entitled action pursuant to
Civil Code§ 387 and Labor Code §§ 3850, 3852 and 3853.
10 IL. STATEMENT OF FACTS.
11 On February 25, 2018, Plaintiff, Phil Delgadillo, was within the course and scope of his
12 employment with his employer, Morris Farms Transport, Inc., when he was in the accident on
13 defendant’s property referred to in his Complaint on file herein. (See Declaration of W. Brad
14 Barbagallo ("Barbagallo Decl.”), at 2.) Zenith provided workers’ compensation coverage for
15 Plaintiff Delgadillo’s employer and has paid workers’ compensation benefits to or on behalf of
16 Plaintiff. (Id)
17 Zenith hereby requests permission to file the proposed Complaint-in-Intervention
18 submitted with this Motion pursuant to Labor Code§ 3852 and Code of Civil Procedure§ 387.
19 (See Barbagallo Decl., at { 3, Exhibit A.)
20 Til. ZENITH HAS A STATUTORY RIGHT TO INTERVENE.
21 Any person with an interest in the matter of litigation or in the success of either of the
22 parties may intervene in a pending action. Code of Civil Procedure§ 387 states:
23 “(a) Upon timely application, any person, who has an interest in
the matter in litigation, or in the success of either of the parties, or
24 an interest against both, may intervene in the action or
proceeding. . .
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Delgadillo #767921
CASE NO. CV-18-004481
Labor Code § 3852 states as follows:
“
. Any employer who pays, or becomes obligated to pay
compensation, . . . may likewise make a claim or bring an action
against the third person. In the latter event the employer may
recover in the same suit, in addition to the total amount of
compensation, damages for which he or she was liable including
all salary, wage, pension, or other emolument paid to the employee
or to his or her dependents. . . .”
Labor Code § 3853 states in part:
“... If the action is brought by either the employer or employee,
the other may, at any time before trial on the facts, join as party
plaintiff or shall consolidate his action, if brought independently.”
In the case at bar, Plaintiff Delgadillo has received workers’ compensation benefits as a
10 result of the accident of February 25, 2018. Said accident is referred to in Plaintiff's Complaint
11 filed with this Court and in Zenith’s proposed Complaint-In-Intervention attached hereto.
12 Pursuant to Zenith’s workers’ compensation policy with Plaintiff's employer, Zenith has paid
13 benefits to or on behalf of the Plaintiff, and is entitled to seek full reimbursement for such from
14 defendants pursuant to the Labor Code.
15 Iv. CONCLUSION.
16 Based on the foregoing, it is respectfully submitted that Intervenor, Zenith Insurance
17 Company’s Motion for Leave to Intervene to file a Complaint-in-Intervention be granted.
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19 Dated: July 14, 2020
Jeffrey J. Williams, Esq. (SBN 156401)
20 W. Brad Barbagallo, Esq. (SBN 316721)
CHERNOW AND LIEB
21 Attorneys for Plaintiff,
22 Zenith Insurance Company
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Delgadillo #767921
CASE NO. CV-18-004481
DECLARATION OF W. BRAD BARBAGALLO
2 I, W. Brad Barbagallo, declare as follows:
1 lam an attorney-at-law, and counsel for proposed Intervenor, Zenith Insurance Company in
this matter. I have personal knowledge of the following facts.
2 On February 25, 2018, plaintiff, Phil Delgadillo, was within the course and scope of his
employment with his employer, Morris Farms Transport, Inc., when he was involved in an accident on
defendant’s property. On December 5, 2018, plaintiff filed the instant action in the Stanislaus
Superior Court, Case No. CV-18-004481, against defendant for damages resulting from accident.
Proposed Intervenor, Zenith, provided workers’ compensation coverage for Plaintiff Delgadillo’s
10 employer, Morris Farms Transport, Inc., and has paid workers’ compensation benefits to or on behalf
11 of Plaintiff.
12 3 Proposed Intervenor, Zenith, now desires leave, pursuant to Labor Code §§ 3852 and 3853,
13 to file in this action a Complaint-in-Intervention. The proposed Complaint-in-Intervention is
14 submitted for filing herewith and attached hereto as Exhibit A.
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16 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true
17 and correct.
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19 Executed this 14th day of July 2020, at Woodland Hills, California.
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Delgadillo #767921
CASE NO. CV-18-004481
EXHIBIT A
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
| JeffreyJ. Williams, Esq. (SBN 156401) / W. Brad Barbagallo (SBN 316721)
Chernow and Lieb
21255 Califa Street
Woodland Hills, CA 91367
TELEPHONENO: (818) 594-5204 FAXNO. (Optional: (318) 227-3112
E-MAIL ADDRESS (Optionay:. Wbarbagallo3 @thezenith.com
ATTORNEY FOR (Name): Plaintiff Zenith Insurance Company
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus
‘STREET ADDRESS: 801 10th Street
MAILING ADDRESS:
CITY AND ZIP CODE: Modesto, CA 95354
BRANCH NAME:
PLAINTIFF: Zenith Insurance Company, Intervenor
DEFENDANT: Hilmar Cheese Company, Inc.; and
LZ] poes1to 50 Inclusive
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
[-) AMENDED (Number): Complaint-in-Intervention
Type (check all that apply)
[_] MOTOR VEHICLE [7] OTHER (specify): Premises Liability
[_] Property Damage [_] Wrongful Death
Personal Injury [_] Other Damages (specify)
Jurisdiction (check all that apply) CASE NUMBER:
[-) ACTION Is A LIMITED CIVIL CASE
Amount demanded [__] does not exceed $10,000 CV-18-004481
[) exceeds $10,000, but does not exceed $25,000
[7] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
[] ACTION IS RECLASSIFIED by this amended complaint
[1 from limited to unti ited
[1 from unlimited to limited
Plaintiff (name or names): Zenith Insurance Company, Intervenor
alleges causes of action against defendant (name or names)
Hilmar Cheese Company, Inc.; and Does 1-25, Inclusive
This pleading, including attachments and exhibits, consists of the following number of pages: 5
Each plaintiff named above is a competent adult
a. LZ] exce; laintiff (name): Zenith Insurance Company
(1) a corporation qualified to do business in California
(2) [__] an unincorporated entity (describe)
3) [] a public entity (describe).
4) [__] aminor [_] an adult
[1] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
[J other (specify)
5) [__] other (specify)
b. [_] except plaintiff (name).
1) [-] a corporation qualified to do business in California
(2) [--] an unincorporated entity (describe)
3) [-] a public entity (describe).
4) [--] aminor [_] an adult
[1] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
[) other (specify)
(5) [_] other (specify)
[1 Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page 1 of 3
Form Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12
Judicial Council of California www.courtinfo.ca.gov
PLD-PI-001 [Rev. January1, 2007] Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Zenith Ins. Co. v. Hilmar Cheese Company, Inc., et. al. CV-18-004481
4. [] Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. [V7] except defendant (name): Hilmar Cheese Compa c. [__] except defendant (name):
(1) [-_] a business organization, form unknown (1) [_] a business organization, form unknown
(2) LJ] a corporation (2) [__] a corporation
(3) [__] an unincorporated entity (describe): (3) [__] an unincorporated entity (describe):
(4) [-] a public entity (describe): (4) [] a public entity (describe):
(5) [-] other (specify): (5) [-] other (specify):
b. [_] except defendant (name): d. [-_] except defendant (name):
(1) [-_] a business organization, form unknown (1) [-_] a business organization, form unknown
(2) [_] a corporation (2) [__] a corporation
(3) [J an unincorporated entity (describe): (3) [J an unincorporated entity (describe):
(4) [-] a public entity (describe): (4) [| a public entity (describe):
(5) [] other (specify): (5) [_] other (specify):
[1] Information about additional defendants who are not natural persons is contained in Attachment 5.
6. The true names of defendants sued as Does are unknown to plaintiff.
Doe defendants (specify Doe numbers): 1-25 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
Doe defendants (specify Doe numbers): 26-50 are persons whose capacities are unknown to
plaintiff.
7. [] Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. [[_] at least one defendant now resides inits jurisdictional area.
b. [] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
injury to person or damage to personal property occurred in its jurisdictional area.
6 other (specify):
9. [J Plaintiff is required to comply with a claims statute, and
a. [__] has complied with applicable claims statutes, or
b. [__] is excused from complying because (specify):
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 2 of 3
Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Zenith Ins. Co. v. Hilmar Cheese Company, Inc., et. al CV-18-004481
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
causes of action attached).
LZ] Motor Vehicle
[) General Negligence
[1 Intentional Tort
[_] Products Liability
[_] Premises Liability
[-) Other (specify)
11 Plaintiff has suffered
a. [_] wage loss
b. [_] loss of use of property
hospital and medical expenses
general damage
El property damage
loss of earning capacity
other damage (specify).
Plaintiff is a workers compensation insurer. Plaintiff seeks to recover the total amount of all
compensation paid to or on behalf of one or more injured workers. (Labor Code, §§ 3850 et seq.)
12. [] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. [_] listed in Attachment 12.
b. [_] as follows:
13, The relief sought in this complaint is within the jurisdiction of this court.
14, Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
[7] compensatory damages
(2) [__] punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1))
(1) according to proof
[1 in the amount of: $
15. [] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers).
Date: July 14, 2020
W. Brad Barbagallo, Esq.
(TYPE OR PRINT NAME)
> LB. Bu begele
(SIGNATURE OF PLANE F OR ATTORNEY)
PLD-PI-001 [Rev. January1, 2007] COMPLAINT—Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
PLD-PI-001(4)
SHORT TITLE: ‘CASE NUMBER:
Zenith Ins. Co. v. Hilmar Cheese Company, Inc., et. al. CV-18-004481
One CAUSE OF ACTION—Premises Liability Page
4
(number)
ATTACHMENT
TO [¥] Complaint [1 Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff (name): Zenith Insurance Company
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): February 25, 2018 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
While in the course and scope of his employment, Phil Delgadillo ("Delgadillo") suffered
injuries when he fell in a pothole located at or near 9001 Lander Ave., Hilmar, CA, which was
owned, controlled, maintained, and/or managed by defendants. Plaintiff was the workers'
compensation insurer for Delgadillo's employer. Plaintiff paid workers' compensation benefits,
and now asserts rights of subrogation pursuant to Labor Code 3852 et seq.
Prem.L-2. [71 count One—Negligence The defendants who negligently owned, maintained, managed and
operated the described premises were (names):
Hilmar Cheese Company, Inc.; and
TZ] Does 1 to 25
Prem.L-3. [41 count Two—willful Failure to Warn [Civil Code section 846] The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were
(names):
Hilmar Cheese Company, Inc.; and
TJ] Does 1 to 25
Plaintiff, a recreational user, was [__] an invited guest Coa paying guest.
Prem.L-4. [1 count Three—Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names):
[Does to
a. [J The defendant public entity had [J actual [1] constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. [] The condition was created by employees of the defendant public entity.
Prem.L-5. a. YW Allegations about Other Defendants The defendants who were the agents and employees of the
other defendants and acted within the scope of the agency were (names):
TZ) does 1 to 25
b. [__] The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
[described in attachment Prem.L-5.b [7_] as follows (names):
Page 1 of 1
Form Approved for Optional Use CAUSE OF ACTION—Premises Liability Code of Civil Procedure, § 425.12
Judicial Council of California www.courtinfo.ca.gov
PLD-PI-004(4) (Rev. January 1, 2007]
SUM-100
SUMMONS FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)
(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
Hilmar Cheese Company, Inc.; and Does 1-25, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
Zenith Insurance Company, Intervenor
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
JAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informacion a
continuaci6n.
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefénica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de la corte y mas informaci6n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado o en la corte que le quede mas cerca. Sino puede pagar la cuota de presentacién, pida al secretario de la corte
que le dé un formulario de exencién de pago de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso por incumplimiento y Ia corte le
podré quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos legales. Es recomendable que lame a un abogado inmediatamente. Sino conoce a un abogado, puede llamar a un servicio de
remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte o el
colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperacion de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que la corte pueda desechar el caso.
The name and address of the court is: CASE NUMBER:
(El nombre y direccion de la corte es): Stanislaus County Superior Court (Numero del Caso):
CV-18-004481
801 10th Street, Modesto, CA 95354
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):
W. Brad Barbagallo, Chernow & Lieb, 21255 Califa St., Woodland Hills, CA 91367 Tel. (818) 592-5204
DATE: Clerk, by , Deputy
(Fecha) (Secretario) (Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
[SEAL]
1. [-] as an individual defendant.
2. [] as the person sued under the fictitious name of (specify):
3. [1 on behalf of (specify):
under: [_] CCP 416.10 (corporation) [__] CCP 416.60 (minor)
[] CCP 416.20 (defunct corporation) [-] CCP 416.70 (conservatee)
[=] CCP 416.40 (association or partnership) [-] CCP 416.90 (authorized person)
[] other (specify):
4. [_] by personal delivery on (date):
Page1 of1
Form Adopted for Mandatory Use SUMMONS Code of Civil Procedure §§ 412.20, 465
Judicial Council of California www.courtinfo.ca.gov
SUM-100 [Rev. July 1, 2009]
CM-01
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addre: FOR COURT USE ONLY
[TetiteyJ: Williams, Esq. (SBN 136401)
/ W. Brad Barbagallo (SBN 316721)
Chernow and Lieb
21255 Califa Street
Woodland Hills, CA 91367
TeiePHoneno: (818) 594-5204 saxo: (818) 227-3112
ATTORNEY FOR (Name): Woarbagallo3@thezenith.com
ISUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus
‘STREET ADDRESS: 801 10th Street
MAILING ADDRESS:
CITY AND ZIP CODE: Modesto, CA 95354
BRANCH NAME:
CASE NAME:
Zenith Ins. Co. v. Hilmar Cheese Company, Inc., et. al.
CIVIL CASE COVER SHEET CASE NUMBER:
Complex Case Designation
LY] untimitea [1] Limitea LJ counter [-] Joinder
CV-18-004481
(Amount (Amount
JUDGE:
demanded demanded is Filed with first appearance by defendant
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) vert: 24
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 Contract Provisionally Complex Civil Litigation
[71 Auto (22) Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) CI Rule 3.740 collections (09) AntitrusTrade regulation (03)
Other PI/PDIWD (Personal Injury/Property CE) Other collections (09) Construction defect (10)
Damage/Wrongful Death) Tort CI Insurance coverage (18) CJ Mass tort (40)
Asbestos (04) Oo Other contract (37) Securities litigation (28)
Product liability (24) Real Property CJ Environmental/Toxic tort (30)
[J Medical malpractice (45) Eminent domain/Inverse CL Insurance coverage claims arising from the
[V1] other pvpDiwn (23) condemnation (14) above listed provisionally complex case
Non-PI/PD/WD (Other) Tort Co Wrongful eviction (33) types (41)
Business tort/unfair business practice (07) Co Other real property (26) Enforcement of Judgment
Civil rights (08) Unlawful Detainer Enforcement of judgment (20)
Defamation (13) Commercial (31) Miscellaneous Civil Complaint
Fraud (16) LJ Residential (32) C2 rico 727)
Intellectual property (19) [1 rugs (38) Other complaint (not specified above) (42)
Professional negligence (25) Judicial Review Miscellaneous Civil Petition
Asset forfeiture (05)
Other non-PI/PD/WD tort (35) Partnership and corporate governance (21)
Employment CI Petition re: arbitration award (11) [| ther petition (not specified above) (43)
Wrongful termination (36) C Writ of mandate (02)
[1] other employment (15) Ed 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. CI Large number of separately represented parties d. Ol Large number of witnesses
b. Cl Extensive motion practice raising difficult or novel e. oO Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. Cl Substantial amount of documentary evidence f. OO Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply). monetary b.CI nonmonetary; declaratory or injunctive relief c.[_ punitive
4 Number of causes of action (specify): one (Premises Liability)
5. This case is is not a class 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: July 14, 2020 A
W. Brad Barbagallo, Esq
(IYPE OR PRINT NAME)
a (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
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 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.
10f2
Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Cour, rules 2.30, 3.220, 3.400-3.403, 3.740,
‘Judicial Counell of California Cal, Standards of Judicial Administration, std. 3.10,
‘CM-010 (Rev. July1, 2007] www.courtinfo.ca.gov
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. 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
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 Provisionally Complex Ci I Litigation (Cal.
Auto (22)-Personal Injury/Property Breach of Contract/Warranty (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 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) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract Insurance Coverage Claims
Other PI/PD/WD (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
County’
Asbestos Personal Injury! Other Promissory Note/Collections
Confession of Judgment (non-
Wrongful Death Insurance Coverage (not provisionally
Product Liability (not asbestos or domestic relations)
toxic/environmental) (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
as
Other PI/PD/WD (23) Real Property
Premises Liability (e.g. slip Eminent Domain/Inverse Miscellaneous Civil Complaint
RICO (27)
and fall Condemnation (14)
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 Declaratory Relief Only
Emotional Distress
Writ of Possession of Real Property
Mortgage Foreclosure Injunctive Relief Only (non-
Negligent Infliction of Quiet Title
harassment)
Mechanics Lien
Emotional Distress Other Real Property (not eminent Other Commercial Complaint
Other PI/PD/WD. domain, landlord/tenant, or
Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tort/non-complex)
Other Civil Complaint
Business Tort/Unfair Business
Practice (07)
Unlawful Detainer
Commercial (31) (non-tornon-complex)
Miscellaneous Civil Petition
Civil Rights (e.g., discriminatio