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  • Butler America LLC vs UCOMMG LLC et alUnlimited Breach of Contract/Warranty (06) document preview
  • Butler America LLC vs UCOMMG LLC et alUnlimited Breach of Contract/Warranty (06) document preview
  • Butler America LLC vs UCOMMG LLC et alUnlimited Breach of Contract/Warranty (06) document preview
  • Butler America LLC vs UCOMMG LLC et alUnlimited Breach of Contract/Warranty (06) document preview
						
                                

Preview

CM-010 A TT OR NEY OR PARTY VV!THOUT ATTORNEY (Name, State Bar number, and address) : CHORA YOUNG LLP I Armen Manasserian (SBN 288199) FOR COURT USE ONLY 650 Sierra Madre Villa Ave., Ste. 304 Pasadena, CA 91107 ELECTRONICALLY FILED TELEPHONE NO .. 626. 744.1838 FAX NO. (Optional): Superior Court of California ATTORNEY FOR /Name) : Plaintiff, Butler America, LLC County of Santa Barbara SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA Darrel E. Parker, Executive Officer STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: 1100 Anacapa Street 11/20/2020 5:26 PM CITY AND ZIP CODE: Santa Barbara, CA 93121 By: Narzralli Baksh, Deputy BRANCH NAME: Anacapa Division CASE NAME: CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: [8J Unlimited D Limited CJ Counter CJ Joinder 20CV03877 (Amount (Amount Filed with first appearance by defendant JUDGE: demanded demanded is (Cal. Rules of Court, rule 3.402) exceeds $25,000) $25,000) DEPT.: Items 1-6 below must be completed (see mstructtons on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation CJ Auto (22) [8J Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) CJ Uninsured motorist (46) CJ Rule 3.740 collections (09) CJ Antitrust/Trade regulation (03) Other PI/PD/WD (Personal Injury/Property CJ Other collections (09) CJ Construction defect (10) Damage/Wrongful Death) Tort CJ Insurance coverage (18) CJ Mass tort (40) CJ Asbestos (04) CJ Other contract (37) CJ Securities litigation (28) CJ Product liability (24) Real Property CJ Environmental/Toxic tort (30) CJ Medical malpractice (45) CJ Eminent domain/Inverse CJ Insurance coverage claims arising from the above listed provisionally complex case CJ Other PI/PD/WD (23) condemnation (14) types (41) Non-PI/PD/WD (Other) Tort CJ Wrongful eviction (33) Enforcement of Judgment CJ Business tort/unfair business practice (07) CJ Other real property (26) CJ Enforcement of judgment (20) CJ Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint CJ Defamation (13) CJ Commercial (31) CJ RICO(27) CJ Fraud(16) CJ Residential (32) CJ Other complaint (not specified above) (42) CJ Intellectual property (19) CJ Drugs(38) Miscellaneous Civil Petition CJ Professional negligence (25) Judicial Review CJ Partnership and corporate governance (21) CJ Other non-Pl/PD/WO tort (35) D Asset forfeiture (05) Employment D Petition re: arbitration award (11) CJ Other petition (not specified above) (43) CJ Wrongful termination (36) D Writ of mandate (02) CJ Other employment (15) D Other judicial review (39) 2. This case D is 0 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. CJ Large number of separately represented parties d. CJ Large number of witnesses b. CJ Extensive motion practice raising difficult or novel e. CJ 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. CJ Substantial amount of documentary evidence court f. CJ Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. [TI monetary b. [TI nonmonetary; declaratory or injunctive relief c. [TI punitive 4. Number of causes of action (specify): twelve (12) 5. This case D is 0 is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may u .) Date: November 20, 2020 Armen Manasserian TYPE OR PRINT NAME ► RTY OR ATTORNEY FOR PARTY) • 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 Administration, std. 3.10 CM-010 [Rev. July 1, 2007] www.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 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 Civil 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 _ AntitrusUTrade Regulation (03) Uninsured Motorist (46) (if the Contract (not unlawful detamer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to Contrac_~arranty Breach-SeUer Securities Litigation (28) arbitration check this item Plaintiff (not fraud or neg/tgence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of ContracU Insurance Coverage Claims Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of ContracUWarranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book a~counts) (09) _ _ Enforcement of Judgment (20) Asbestos Property Damage Collection ~ase-Seller Pla1nt1ff 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/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 Other Pl/PD/WO (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WO Wrongful Eviction (33) Other Complaint (not specified (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional Infliction of Writ of Possession of Real 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 Pl/PD/WO domain, landlord/tenant, or Other Commercial Complaint Non-Pl/PD/WO (Other) Tort foreclosure) Case (non-tort/non-complex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) Commercial (31) (non-tort/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 legal) Case Matter Petition for Name Change Other Non-Pl/PD/WO 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. July 1. 2007] Page 2 of 2 CIVIL CASE COVER SHEET