Preview
CM-010
ArrORNEY 0R PARTY WITHOUT AWORNEY (Name, srare Barnumber. and address); FOR coum uss ONLY
___ Raymond L. Sandelman SBN 078020
Attorney at Law _
Swarm Gu bf Gamma
_
196 Cohasset Road, Suite 225
Chico, CA 95926-2284
F F
county or Bum
TELEPHONE No.: (530) 343-5090 FAX N0; (530) 343-5091 I I
ATTORNEY FOR (Name): Wayne A. Cook, Trustee
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
L 4/22/2020 L
STREET ADDRESS: 1775 Concord Avenue E E
MAILING ADDRESS: 1775 Concord Avenue
CITY AND ZIP CODE: Chico, CA 95928
D D
BRANCH NAME: North Butte County Courthouse E)" my"
r FILED
CASE NAME: Cook v. Niderost
m
CIVIL CASE COVER SHEET
:ngd
a 52:3; a
Complex Case Designation
Counter D Joinder
CASE NUMBER:
20CV00905
JUDGE '
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
a Auto (22)
Uninsured motorist (46)
Other PllPD/WD (Personal lnjury/Property
.
Breach of contract/warranty (06) Cal. Rules of Court, rules 3.400-3.403)
Rule 3.740 collections (09)
Other collections (09)
Antitrustffrade regulation (03)
Construction defect (1 O)
Insurance coverage (18) Mass tort (40)
Damagelwmngfu' Death) Tm
Asbestos (O4)
0t h er con tract (37) Securities mi g ation (28)
. .
. .. Envrronmental/Toxtc tort (30)
Product liability (24) Real Property
D
. . .
. . . . insurance coverage claims arismg from the
Medical malpractice (45) Eminent domain/Inverse .
a b 0V8 I.‘5 t e d p r °"‘S'°”a H y C ° m p 'e X c ass
.
Other Pi/PD/WD (23) condemnation (14)
types <41)
Wrongful eviction (33)
Non-PIIPDIWD (Other) Tort
Other real property (26) Enforcement of Judgment
D
. . . .
Busmess tort/unfair busrness practice (07)
Enforcement “judgment (20)
Civil rights (08) Unlawful Detainer
Defamation (13) Commercial (31) Miscellaneous Civil Complaint
Fraud (16) Residential (32) RICO (27)
intellectual property (1 9) Drugs (38) Other complaint (not specied above) (42)
gzggerSrfégllrng/laegioergg) Judicial Review Miscellaneous Civil Petition
Employment
Wrongful termination (36)
Asset forfeiture (05)
Petition re: arbitration award (11)
Writ of mandate (02)
a Partnership and corporate governance (21)
Other petition (not specied above) (43)
Other employment (15) Other judicial review (39)
2. This case is D is not mcomplex under rule 3.400 ofthe California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. Large number of separately represented parties d. Large number of witnesses
b. Extensive motion practice raising difcult or novel e. 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. D Substantial amount of documentary evidence f. D
Substantial postjudgment judicial supervision
Remedies sought (check all thatapp/y): a.
Number of causes of actionecify):
m
monetary b. m
nonmonetary; declaratory or injunctive relief c. punitive D
D
1
959:5.“
This case is is not a class action suit.
if there are any known related cases. le and serve a notice of related case. (You may use form CM—015.)
Date: Aprii'gg ,2020
(TYPE 0R PRINT NAME)
’ @ngicmw (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
u Plaintiff must file this cover sheet with the rst paper led in the action or proceeding (except small claims cases or cases ied
under the Probate Code, Family Code, or Welfare and institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to le may result
in sanctions.
o 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.
o 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
CIVIL CASE COVER SHEET
creating
Form Ado ledforMandalo
o
i evr Uy . l
Use
CEB' Essential
c om EForms
Cat, Roies orCoun rules 2.30. 3.220, woo-3.403 3,740;
Cal. Standards of Judicial Adminisiratiqn. std. 3.10
www.courlinfocagov
Cook
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. if you are ling a rst paper (for example, a complaint) in a civil case, you must
complete and le. along with your rst paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile I
statistics about the types and numbers of cases led. You must complete items 1 through 6 on the sheet. ln item 1, you must check
one box for the caset pe that best describes the case. If the case ts both a general and a more specic type of case listed in Item 1,
check the more speci ic 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 led only with your initial paper. Failure to le a cover sheet with the rst paper led in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 ofthe California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is dened 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 followmg: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identication 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 les 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. ln 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. lfa plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may le and serve no later than the time of its rst appearance a joinder in the
plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex.
CASE TYPES AND EXAMPLES
Auto Tort Contract
Auto (22)-Personal injury/Property Breach of Contract/Warranty (06) Provisionaliy Complex Civil Litigation (Cal.
Damage/Wrongful Death Breach of Rental/Lease Rules of Court Rules 3.4003403)
Contract (not unlawful detainer Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the
or wrongful eviction) Construction Defect (10)
case involves an uninsured
Contract/Warranty Breach-Seller Claims involving Mass Tort (40)
motorist claim subject to
Plaintiff (not fraud or negligence) Securities Litigation (28)
arbitration, check this item
Negligent Breach of Contract/ Environmentaifi'oxic Tort (30)
instead of Auto)
Warranty insurance Coverage Claims
Other Pl/PDIWD (Personal Injury/ Other Breach of Contract/Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Collections (e.g., money owed, open case type listed above) (41)
Tort book accounts) (09) Enforcement of Judgment
Asbestos (O4) Collection Case-Seller Plaintiff Enforcement of Judgment (20)
Asbestos Property Damage Other Promissory Note/Collections Abstract of Judgment (Out of
Asbestos Personal lnjury/ Case County)
Wrongful Death Insurance Coverage {not provisional/y Confession of Judgment (non-
Product Liability (not asbestos or comp/ex) (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 Professional Health Care Other Contract Dispute Judgment on Unpaid Taxes
Malpractice Real Property Other Enforcement of Judgment
Other Pl/PDNVD (23) Case
Eminent Domain/Inverse
Premises Liability (e.g., slip Miscellaneous Civil Complaint
Condemnation (14)
and fall) RiCO (27)
Wrongful Eviction (33)
intentional Bodily lnjury/PD/WD Other Complaint (not specied
Other Real Property (e.g., quiet title) (26)
(e.g., assault, vandalism) Writ of Possession of Real Property above) (42)
intentional Infliction of Declaratory Relief Only
Mortgage Foreclosure
Emotional Distress injunctive Relief Only (non-
Quiet Title
Negligent infliction of harassment)
Other Real Property (not eminent
Emotional Distress Mechanics Lien
domain, landlord/tenant, or
Other Pl/PD/WD Other Commercial Complaint
foreclosure)
Non-Pl/PDIWD (Other) Tort Case (non-tort/non-complex)
Unlawful Detainer
Business Tort/Unfair Business Other Civil Complaint
Commercial (31)
Practice (07) (non-tort/non-complex)
Residential (32)
Civil Rights (e.g., discrimination, Drugs (38) (if the case involves illegal Miscellaneous Civil Petition
false arrest) (not civil Partnership and Corporate
drugs, check this item; othenivise,
harassment) (08) report as Commercial or Residential) Governance (21)
Defamation (e.g., slander, libel) Other Petition (not specied
(13) Judicial Review above) (43)
Fraud (16) Asset Forfeiture (05) Civil Harassment
lntellectual Property (19) Petition Re: Arbitration Award (11)
Workplace Violence
Professional Negligence (25) Writ of Mandate (02)
Eider/Dependent Adult
Legal Malpractice Writ-Administrative Mandamus
Abuse
Writ-Mandamus on Limited Court
Other Professional Malpractice Election Contest
Case Matter Petition for Name Change
(not medical or legal) Writ-Other Limited Court Case
Other Non-Pl/PDNVD Tort (35) Petition for Relief from Late
Review Claim
Employment Other Judicial Review (39) - - - -
Other CW” Petmon
Wrongful Termination (36) Review of Health Officer Order
Other Employment (1 5) Notice of Appeal—Labor
Commissioner Appeals
CM—OiOIRev- My 2°07!
CIVIL CASE COVER SHEET Page: on
14
CEB- Essential
cebxom EEO—rag.” Cook
Preview
CM-010 ArrORNEY 0R PARTY WITHOUT AWORNEY (Name, srare Barnumber. and address); FOR coum uss ONLY ___ Raymond L. Sandelman SBN 078020 Attorney at Law _ Swarm Gu bf Gamma _ 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 F F county or Bum TELEPHONE No.: (530) 343-5090 FAX N0; (530) 343-5091 I I ATTORNEY FOR (Name): Wayne A. Cook, Trustee SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE L 4/22/2020 L STREET ADDRESS: 1775 Concord Avenue E E MAILING ADDRESS: 1775 Concord Avenue CITY AND ZIP CODE: Chico, CA 95928 D D BRANCH NAME: North Butte County Courthouse E)" my" r FILED CASE NAME: Cook v. Niderost m CIVIL CASE COVER SHEET :ngd a 52:3; a Complex Case Designation Counter D Joinder CASE NUMBER: 20CV00905 JUDGE ' 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 a Auto (22) Uninsured motorist (46) Other PllPD/WD (Personal lnjury/Property . Breach of contract/warranty (06) Cal. Rules of Court, rules 3.400-3.403) Rule 3.740 collections (09) Other collections (09) Antitrustffrade regulation (03) Construction defect (1 O) Insurance coverage (18) Mass tort (40) Damagelwmngfu' Death) Tm Asbestos (O4) 0t h er con tract (37) Securities mi g ation (28) . . . .. Envrronmental/Toxtc tort (30) Product liability (24) Real Property D . . . . . . . insurance coverage claims arismg from the Medical malpractice (45) Eminent domain/Inverse . a b 0V8 I.‘5 t e d p r °"‘S'°”a H y C ° m p 'e X c ass . Other Pi/PD/WD (23) condemnation (14) types <41) Wrongful eviction (33) Non-PIIPDIWD (Other) Tort Other real property (26) Enforcement of Judgment D . . . . Busmess tort/unfair busrness practice (07) Enforcement “judgment (20) Civil rights (08) Unlawful Detainer Defamation (13) Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) RICO (27) intellectual property (1 9) Drugs (38) Other complaint (not specied above) (42) gzggerSrfégllrng/laegioergg) Judicial Review Miscellaneous Civil Petition Employment Wrongful termination (36) Asset forfeiture (05) Petition re: arbitration award (11) Writ of mandate (02) a Partnership and corporate governance (21) Other petition (not specied above) (43) Other employment (15) Other judicial review (39) 2. This case is D is not mcomplex under rule 3.400 ofthe California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. Large number of witnesses b. Extensive motion practice raising difcult or novel e. 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. D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision Remedies sought (check all thatapp/y): a. Number of causes of actionecify): m monetary b. m nonmonetary; declaratory or injunctive relief c. punitive D D 1 959:5.“ This case is is not a class action suit. if there are any known related cases. le and serve a notice of related case. (You may use form CM—015.) Date: Aprii'gg ,2020 (TYPE 0R PRINT NAME) ’ @ngicmw (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE u Plaintiff must file this cover sheet with the rst paper led in the action or proceeding (except small claims cases or cases ied under the Probate Code, Family Code, or Welfare and institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to le may result in sanctions. o 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. o 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 CIVIL CASE COVER SHEET creating Form Ado ledforMandalo o i evr Uy . l Use CEB' Essential c om EForms Cat, Roies orCoun rules 2.30. 3.220, woo-3.403 3,740; Cal. Standards of Judicial Adminisiratiqn. std. 3.10 www.courlinfocagov Cook CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. if you are ling a rst paper (for example, a complaint) in a civil case, you must complete and le. along with your rst paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile I statistics about the types and numbers of cases led. You must complete items 1 through 6 on the sheet. ln item 1, you must check one box for the caset pe that best describes the case. If the case ts both a general and a more specic type of case listed in Item 1, check the more speci ic 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 led only with your initial paper. Failure to le a cover sheet with the rst paper led in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 ofthe California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is dened 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 followmg: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identication 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 les 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. ln 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. lfa plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may le and serve no later than the time of its rst appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Auto (22)-Personal injury/Property Breach of Contract/Warranty (06) Provisionaliy Complex Civil Litigation (Cal. Damage/Wrongful Death Breach of Rental/Lease Rules of Court Rules 3.4003403) Contract (not unlawful detainer Antitrust/Trade Regulation (03) Uninsured Motorist (46) (if the or wrongful eviction) Construction Defect (10) case involves an uninsured Contract/Warranty Breach-Seller Claims involving Mass Tort (40) motorist claim subject to Plaintiff (not fraud or negligence) Securities Litigation (28) arbitration, check this item Negligent Breach of Contract/ Environmentaifi'oxic Tort (30) instead of Auto) Warranty insurance Coverage Claims Other Pl/PDIWD (Personal Injury/ Other Breach of Contract/Warranty (arising from provisionally complex Property Damage/Wrongful Death) Collections (e.g., money owed, open case type listed above) (41) Tort book accounts) (09) Enforcement of Judgment Asbestos (O4) Collection Case-Seller Plaintiff Enforcement of Judgment (20) Asbestos Property Damage Other Promissory Note/Collections Abstract of Judgment (Out of Asbestos Personal lnjury/ Case County) Wrongful Death Insurance Coverage {not provisional/y Confession of Judgment (non- Product Liability (not asbestos or comp/ex) (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 Professional Health Care Other Contract Dispute Judgment on Unpaid Taxes Malpractice Real Property Other Enforcement of Judgment Other Pl/PDNVD (23) Case Eminent Domain/Inverse Premises Liability (e.g., slip Miscellaneous Civil Complaint Condemnation (14) and fall) RiCO (27) Wrongful Eviction (33) intentional Bodily lnjury/PD/WD Other Complaint (not specied Other Real Property (e.g., quiet title) (26) (e.g., assault, vandalism) Writ of Possession of Real Property above) (42) intentional Infliction of Declaratory Relief Only Mortgage Foreclosure Emotional Distress injunctive Relief Only (non- Quiet Title Negligent infliction of harassment) Other Real Property (not eminent Emotional Distress Mechanics Lien domain, landlord/tenant, or Other Pl/PD/WD Other Commercial Complaint foreclosure) Non-Pl/PDIWD (Other) Tort Case (non-tort/non-complex) Unlawful Detainer Business Tort/Unfair Business Other Civil Complaint Commercial (31) Practice (07) (non-tort/non-complex) Residential (32) Civil Rights (e.g., discrimination, Drugs (38) (if the case involves illegal Miscellaneous Civil Petition false arrest) (not civil Partnership and Corporate drugs, check this item; othenivise, harassment) (08) report as Commercial or Residential) Governance (21) Defamation (e.g., slander, libel) Other Petition (not specied (13) Judicial Review above) (43) Fraud (16) Asset Forfeiture (05) Civil Harassment lntellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence Professional Negligence (25) Writ of Mandate (02) Eider/Dependent Adult Legal Malpractice Writ-Administrative Mandamus Abuse Writ-Mandamus on Limited Court Other Professional Malpractice Election Contest Case Matter Petition for Name Change (not medical or legal) Writ-Other Limited Court Case Other Non-Pl/PDNVD Tort (35) Petition for Relief from Late Review Claim Employment Other Judicial Review (39) - - - - Other CW” Petmon Wrongful Termination (36) Review of Health Officer Order Other Employment (1 5) Notice of Appeal—Labor Commissioner Appeals CM—OiOIRev- My 2°07! CIVIL CASE COVER SHEET Page: on 14 CEB- Essential cebxom EEO—rag.” Cook