Preview
_ CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ]
Marie Maiolo Muchow, Esq. 182882
| Law Office of Marie Maiolo Muchow
348 College Avenue
Santa Rosa, CA 95401
TELEPHONE NO. (707) 566-9767 FAX NO. (Optiona): (707) 566-6768
Ewall aboress: Marie@maiolomuchowlaw.com
ATTORNEY FOR (Name) Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF _SONoma.
streetappress: 600 Administration Dr., Room 107-7
MAILING ADDRESS:
ciyanozipcoous: Santa Rosa, CA 95403
BRANCH NAME:
| CASENAME: Bethany, et. al. vs. Kinkade, et. al.
mae CASE ee Complex Case Designation CASE NUMBER:
Unlimited Limited
(Amount (Amount Cd Counter =) Joinder ae
demanded demanded is Filed with first appearance by defendant
__ exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
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
4 Auto (22) Breach of contract/warranty (06) ‘Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Other collections (09) Construction defect (10)
Other Pl/PD/WD (Personal Injury/Property
Insurance coverage (18) Mass tort (40)
pay peroe a) Death) Tort Other contract (37) ‘Securities litigation (28)
Product liability (24) Real Property earonmental Toxic for 30)
. Insurance coverage claims arising from the
Medical malpractice (45) Eminent domain/inverse above listed provisionally complex case
Other PI/PD/WD (23) ooo (14) types (41)
frongful eviction (33)
Reve PDAWD (Other) Tort Other real property (26) Enforcement of Judgment |
iness tort/unfair business practice (07) Enforcement of judgment (20)
a rights (08) Unlawful Det
Defamation (13) Commercial (31) Miscellaneous Civil Complaint
Fraud (16) Residential (32) RICO (27)
Intellectual property (19) Drugs (38) Other complaint (not specified above) (42)
Professional negligence (25) Judicial Review Miscellaneous Civil Petition
Other non-PUPDIWD tort (35) ‘Asset forfeiture (05) 4 Partnership and corporate governance (21)
Employment Petition re: arbitration award (11) Other petition (not specified above) (43)
Wrongful termination (36) Writ of mandate (02)
Other employment (15) Other judicial review (39)
2. Thiscase [_ is (Dis 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 rai: ing difficult ornovel —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
court
c. () Substantial amount of documentary evidence Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. [KJ monetary b. nonmonetary; declaratory or injunctive relief c. [2] punitive
4. Number of causes of action (specify): TWO
5. Thiscase ([Jis is not aclass action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use fo: 'M-015.)
Date: February 3, 2022
Marie Maiolo Muchow, Esq >
(TYPE OR PRINT NAME) u (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.
|
—= = Page 1 of. of 2 |
sted for Mandatory Use Use Cal, Rutes of Court, rules 2.30, 3.220, 3.400-33.403, 3.740;
CMON, RECESS Essential CIVIL CASE COVER SHEET Co GE OTR E
cab comn rons: Bethany - MacedonioCM-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 o
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
le case IS complex.
CASE TYPES AND EXAMPLES
Auto Tort Contract
Auto (22)-Personal Injury/Property Breach of Contract/Warranty (08)
Wr Breach of Rental/Lease
Unisoaree tactare ert (i ie Contract (not unlawful detainer
case involves an uninsured or wrongful eviction)
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
tori: ir je Contract/Warranty Breach-Seller cea iat
vriaion chet ne kon Plaintiff. (not fraud or negligence) Securities Litigation (28)
instead of Auto) Negligent Breach of Contract/ Environmental/Toxic Tort (30)
‘Warranty Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Other P/PDIWD (Personal Injury/ Other Breach of Contract/Warranty
Property Damage/Wrongful Death) Collections (e.g., money owed, open
Tort book accounts) (09)
Asbestos (04) Collection Case-Seller Plaintiff Enforcement of Judgment (20)
Asbestos Property Damage Other Promissory Note/Collections Abstract of Judgment (Out of
Asbestos Personal Injury/ Case County)
Wrongful Death Insurance Coverage (not provisionally Confession of Judgment (non-
Product Liability (not asbestos or complex) (18) domestic relations)
toxic/environmental) (24) Auto Subrogation Sister State Judgment
Medical Malpractice (45) Other Coverage Administrative Agency Award
Medical Malpractice— Other Contract (37) (not unpaid taxes)
Physicians & Surgeons Contractual Fraud Petition/Certification of Entry of
Other poet Health Care Other Contract Dispute Judgment on Unpaid Taxes
Malpractice Real Prope! Other Enforcement of Judgment
Other PVPDIWD (23) . Eminent Domain/nverse . i
Premises Liability (e.g., slip Condemnation (14) Miscellaneous Civil Complaint
and fall) Wrongful Eviction (33) RICO (27)
Intentional Bodily Injury/PD/WD Other Complaint (not specified
Other Real Property (e.g., quiet title) (26)
(e.g., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Inftiction of
Emotional Distress
Other PI/PD/AWD
Non-PI/PD/WD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, libel)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landiord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
‘drugs, check this item; otherwise,
report as Commercial or Residential)
Judicial Review
above) (42)
Declaratory Relief Only
injunctive Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tort/non-complex)
Other Civil Complaint
(non-tort/non-complex)
Miscellaneous Civil Petition
Partnership and Corporate
Governance (21)
Other Petition (not specified
(13) 7 above) (43)
Fraud (16) Asset Forfeiture (05) Givi Heresement
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
° Writ-Mandamus on Limited Court i
Other Professional Malpractice Case Matt Election Contest
(not medical or legal) wr a i d Court C: Petition for Name Change
Other Non-PI/PD/WD Tort (35) eee imited Court Case Petton for Relief from Late
laim
Employment Other Judicial Review (39) ivil Petit
‘Wrongful Termination (36) Review of Health Officer Order Other Civil Petition
Other Employment (15) Notice of Appeal—-Labor
Commissioner Appeals
M-010 [Rev. September 1, 2021) ICED Essential CIVIL CASE COVER SHEET Page 2 of 2
ceb.com j=)Forms:
Bethany - Macedonio
Preview
_ CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ] Marie Maiolo Muchow, Esq. 182882 | Law Office of Marie Maiolo Muchow 348 College Avenue Santa Rosa, CA 95401 TELEPHONE NO. (707) 566-9767 FAX NO. (Optiona): (707) 566-6768 Ewall aboress: Marie@maiolomuchowlaw.com ATTORNEY FOR (Name) Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF _SONoma. streetappress: 600 Administration Dr., Room 107-7 MAILING ADDRESS: ciyanozipcoous: Santa Rosa, CA 95403 BRANCH NAME: | CASENAME: Bethany, et. al. vs. Kinkade, et. al. mae CASE ee Complex Case Designation CASE NUMBER: Unlimited Limited (Amount (Amount Cd Counter =) Joinder ae demanded demanded is Filed with first appearance by defendant __ exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: 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 4 Auto (22) Breach of contract/warranty (06) ‘Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other collections (09) Construction defect (10) Other Pl/PD/WD (Personal Injury/Property Insurance coverage (18) Mass tort (40) pay peroe a) Death) Tort Other contract (37) ‘Securities litigation (28) Product liability (24) Real Property earonmental Toxic for 30) . Insurance coverage claims arising from the Medical malpractice (45) Eminent domain/inverse above listed provisionally complex case Other PI/PD/WD (23) ooo (14) types (41) frongful eviction (33) Reve PDAWD (Other) Tort Other real property (26) Enforcement of Judgment | iness tort/unfair business practice (07) Enforcement of judgment (20) a rights (08) Unlawful Det Defamation (13) Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) RICO (27) Intellectual property (19) Drugs (38) Other complaint (not specified above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non-PUPDIWD tort (35) ‘Asset forfeiture (05) 4 Partnership and corporate governance (21) Employment Petition re: arbitration award (11) Other petition (not specified above) (43) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other judicial review (39) 2. Thiscase [_ is (Dis 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 rai: ing difficult ornovel —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 court c. () Substantial amount of documentary evidence Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. [KJ monetary b. nonmonetary; declaratory or injunctive relief c. [2] punitive 4. Number of causes of action (specify): TWO 5. Thiscase ([Jis is not aclass action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use fo: 'M-015.) Date: February 3, 2022 Marie Maiolo Muchow, Esq > (TYPE OR PRINT NAME) u (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. | —= = Page 1 of. of 2 | sted for Mandatory Use Use Cal, Rutes of Court, rules 2.30, 3.220, 3.400-33.403, 3.740; CMON, RECESS Essential CIVIL CASE COVER SHEET Co GE OTR E cab comn rons: Bethany - MacedonioCM-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 o 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 le case IS complex. CASE TYPES AND EXAMPLES Auto Tort Contract Auto (22)-Personal Injury/Property Breach of Contract/Warranty (08) Wr Breach of Rental/Lease Unisoaree tactare ert (i ie Contract (not unlawful detainer case involves an uninsured or wrongful eviction) Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) tori: ir je Contract/Warranty Breach-Seller cea iat vriaion chet ne kon Plaintiff. (not fraud or negligence) Securities Litigation (28) instead of Auto) Negligent Breach of Contract/ Environmental/Toxic Tort (30) ‘Warranty Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Other P/PDIWD (Personal Injury/ Other Breach of Contract/Warranty Property Damage/Wrongful Death) Collections (e.g., money owed, open Tort book accounts) (09) Asbestos (04) Collection Case-Seller Plaintiff Enforcement of Judgment (20) Asbestos Property Damage Other Promissory Note/Collections Abstract of Judgment (Out of Asbestos Personal Injury/ Case County) Wrongful Death Insurance Coverage (not provisionally Confession of Judgment (non- Product Liability (not asbestos or complex) (18) domestic relations) toxic/environmental) (24) Auto Subrogation Sister State Judgment Medical Malpractice (45) Other Coverage Administrative Agency Award Medical Malpractice— Other Contract (37) (not unpaid taxes) Physicians & Surgeons Contractual Fraud Petition/Certification of Entry of Other poet Health Care Other Contract Dispute Judgment on Unpaid Taxes Malpractice Real Prope! Other Enforcement of Judgment Other PVPDIWD (23) . Eminent Domain/nverse . i Premises Liability (e.g., slip Condemnation (14) Miscellaneous Civil Complaint and fall) Wrongful Eviction (33) RICO (27) Intentional Bodily Injury/PD/WD Other Complaint (not specified Other Real Property (e.g., quiet title) (26) (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Inftiction of Emotional Distress Other PI/PD/AWD Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landiord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal ‘drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review above) (42) Declaratory Relief Only injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified (13) 7 above) (43) Fraud (16) Asset Forfeiture (05) Givi Heresement 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 ° Writ-Mandamus on Limited Court i Other Professional Malpractice Case Matt Election Contest (not medical or legal) wr a i d Court C: Petition for Name Change Other Non-PI/PD/WD Tort (35) eee imited Court Case Petton for Relief from Late laim Employment Other Judicial Review (39) ivil Petit ‘Wrongful Termination (36) Review of Health Officer Order Other Civil Petition Other Employment (15) Notice of Appeal—-Labor Commissioner Appeals M-010 [Rev. September 1, 2021) ICED Essential CIVIL CASE COVER SHEET Page 2 of 2 ceb.com j=)Forms: Bethany - Macedonio