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ATTORNEY OF PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR couRTiEE OU
|. Doug S, Saeltzer / Spencer J. Pahlke 173088/250914 SUPERIOR COURT
Walkup, Melodia, Kelly & Schoenberger
650 California Street, 26th Floor
San Francisco, CA 94108 2018 AUG 30 PH 3: 19
veuepHoneno: (415) 981-7210 raxno: (415) 358~4522
ATTORNEY FOR Wana): Plaintiffs : ROS? @UNGUEIRO CLERK
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Joaquin
streetappress: 180 E Weber Ave,
MAILING ADDRESS:
crvanozp cou Stockton, CA 95202
srancHName: Civil - Unlimited
CASENAME: Tovar v. Te Velde, et al.
wn CASE a SHEET Complex Case Designation
Unlimited Limited
(Amount (Amount CA Counter (CJ Joinder L
demanded demanded Is Filed with first appearance by defendant junce:
exceeds $25,000) $25,000 or lass) (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 contractwarranty (08) (Cal. Rutes of Court, rules 3.400-3.403)
Uninsured motorist (46) Rule 3,740 collections (09) Antitrust/Trade regulation (03)
Other PHPD/WD (Personal Injury/Property pier collactions oo) onstruction defect (10)
Damage/Wrongtut Death) Tort Insurance coverage (18) lass tort {40)
Other contract (37) Securities Iitigation (28)
Prod hy @ Real Property : Environmental/Toxie tort (30)
Medical malpractice (48) (2) Eminent domaininverse Fe ce uarage claims arising from the
Other P/PDAWD (23) condemnation (14) 5 08 (61) provisionally complex case
Non-PUPDAND (Other) Tort Wrongful eviction (33) °
Business tort/unfair business Other real property (26) Enforcement of Judgment
practice (07) Enforcement of judgment (20)
Civil rights (08) Unlawful Detalnor
Defamation (13) Commercial (31) Miscellaneous Clvil Complaint
Fraud (16) Residential (32) RICO (27)
Intellectual property (19) Drugs (38) Other complaint (not specified above) (42)
Professional nagligence (26) Judictal Review Miscellanaous Civil Petition
Othar non-PUPDAND tort (35) Asset forfeiture (05) 4 Partnership and corporate governance (21)
Employment Petition sa: arbitration award (11) Other petition (not specified above) (43)
Wrongful termination (38) Wit of mandate (02)
Other employment (16) Other Judicial review (39)
2. Thiscase [} is (] isnot complex under rule 3.400 of the Califomia Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a Large number of separately represented parties d. 8 Large number of witnesses
b. Extensive motion practice raising difficultornovel —_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
¢. LL) Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision
. Remedies sought (check all that apply): a, [XJ monetary b, nonmonetary; daclargtory or injunctive relief c. [2] punitive
. Number of causes of action (specify): 3
. Thiscase LJ] is is not aclass action suit,
. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
Date: August 30, 2018 ,
Dope
BY FAX
Spencer J. Pahlke, Esq . - >
. (TYPE OR PRINT NAME) Ke (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
v
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 Califomia Rules of Court, you must serve a copy of thls 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.
Pago {of 2
Seema CEB Essential CIVIL CASE COVER SHEET Cal, Rules of Cour nes 2.90, 3,200, ee a
fev ady f ab wn a
TovarCM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 1
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’ Civi! Case
statistics about the types and numbers o!
over
‘heet contained on
cases filed, You must complete Itams 1 throug!
age 1. This information will be used to compita
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 cage listed In item 1,
check the more spe:
damages, (2) punitive damages,
attachment Th hols
time-for-service
To Partles In Complex Cases. In com
case is complex. If a plaintiff believes tt
completing the appropriate boxes in items 1 and 2, Ifa
complaint on all parties to the action. A defendant may fil
re ic one, If the case has multiple causes of action, check
To assist you in completing the sheet, examples of the cases that belong unde:
sheet must be filed only with your inltfal
f each case
Paper. Failure to file a cover sheet with the first paper
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Partles In Rule 3.740 Collections Cases. A “collections case”
owed in a sum stated to be certain that is not more than $25,000, e
which property, services, or money was acqulred on credit. A collections case does
) recovery of real property, (4) recovery of perso!
Identification of a case as a rule 3.7.
sponsive pleading. A rule 3.740
he box that best indicates the primary cause of action.
type in item 1 are provided below. A cover
filed In a clvil case may subject a party,
under rule 3.740 is defined as an action for recovery of money
xclusive of interest and attorney's fees, arising from a transaction in
not include an action seeking the following: (1) tort
nal property, or {g @ prejudgment writ of
'40 collections case on this form means that it will be exempt from the general
F uirements and case management rules, uniess a defendant files a re:
case will be subject to the requirements for service and obtaining a judgment in rule 3.74(
lex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
16 case Is complex under rule 3.400 of the California Rules of Court, this must be indicated
laintiff designates a case as complex, the cover sheet must be served with the
le and serve no later than the time of its first appearance a joinder in the
lections
piaintifrs designation, a counter-designation that the case Is not complex, or, If the plaintiff has made no designation, a designation that
he case is complex.
Auto Tort
Auto (22)-Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) {if the
case involves an uninsured
motorist claim subject fo
arbitration, check this item
instead of Auto)
Other PUPDAND (Personal Injury/
Property Damage/Wrongtul Death)
Tort
Asbestos (04)
Asbestos Properly Damage
Asbestos Personal Injury/
Wrongful Death
Product Liabllity (not asbesfos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice-
Physicians & Surgeons
Other Professtonal Health Cara
Malpractice
Other PI/PDAWD (23)
Premises Liability (@.g., slip
ind fal
and fall)
Intentlonal Bodlly-Injury‘PDAWD
{8.g., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
GASE TYPES AND EXAMPLES
Contract
Breach of Contract/warranty (08)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongtul eviction)
ContractWarranty Breach-Seller
Plaintiff (not freud or negligence)
Negligent Breach of Contrac’
‘Warranty
Other Breach of ContractWarranty
Collections (e.g., money awsd, open
book accounts) (09)
Collection Case-Seller Plalntift
Other Promissory Note/Collections
ase ‘
Insurance Coverage (not provisionaily
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domaln/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Wtit of Possession of Real Property
Mortgage Foreclosure:
Quiet Title
Other Real Property (not eminent
domain, landlordftenant, or
Provislonally Comptex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
EnvironmentaYToxic Tort (30)
Insurance Coverage Claims
(arising from provisionally campisx
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgmant (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Slster State Judgment
Administrative Agency Award
(not unpaid taxes)
Petitlor/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO (27)
Other Complaint (nol specified
above} (42)
Declaratory Relief Only
Injunctive Relief Only (non-
herassment)
Mechanics Lien
Other P/PDAVD foroolosure) Other Commercial Complaint
Non-PUPDAWD (Other) Tort Unlawful Detalner ome, ‘ertron-compley}
Business Tort/Untair Business ‘Commercial (31) (oon-torthnon: ex)
Civil ants (oe disc Restkentia (22) i Miscell Civil Petition
il Rights (¢.g., discrimination, Drugs (38) (if the case involves illegal iseellanoous on
hecemon) one drugs, check this item; othenwiss, Pertnersh'p eth
Defamation (eg., slander, tbel) au dtctat eae Commercial or Residential} Other Patton no! specad
Froud a 6) Asset Forfaiture (05) Chet Herceament
Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence
Professional Negligence (28) Writ of Mandate (02) Elder/Dependent Adult
Legal Malpractice Writ-Administrative Mandamus "abuse
Writ-Mandamus on Limited Court Election Contest
Other role arco Cree ita Ee crs crane
thor Non-PUFDIWD Tart (35) Ae ota, Cte Court Case Peliton for Rellef from Late
Employment Other Judictal Review (39)
‘Wrongful Termination (36) Raview of Health Officer Order Other Civil Petition
Other Employment (15) Nolice of Appeal-abor
‘ Commissioner Appeals
CM-OTO Rev. Jay 1, 2007] CER’ | Essential CIVIL CASE COVER SHEET Page 202
cdhucom | fe\Formg:
Tovar
BY FAX
Preview
i wr ip em GM-010 ATTORNEY OF PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR couRTiEE OU |. Doug S, Saeltzer / Spencer J. Pahlke 173088/250914 SUPERIOR COURT Walkup, Melodia, Kelly & Schoenberger 650 California Street, 26th Floor San Francisco, CA 94108 2018 AUG 30 PH 3: 19 veuepHoneno: (415) 981-7210 raxno: (415) 358~4522 ATTORNEY FOR Wana): Plaintiffs : ROS? @UNGUEIRO CLERK SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Joaquin streetappress: 180 E Weber Ave, MAILING ADDRESS: crvanozp cou Stockton, CA 95202 srancHName: Civil - Unlimited CASENAME: Tovar v. Te Velde, et al. wn CASE a SHEET Complex Case Designation Unlimited Limited (Amount (Amount CA Counter (CJ Joinder L demanded demanded Is Filed with first appearance by defendant junce: exceeds $25,000) $25,000 or lass) (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 contractwarranty (08) (Cal. Rutes of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3,740 collections (09) Antitrust/Trade regulation (03) Other PHPD/WD (Personal Injury/Property pier collactions oo) onstruction defect (10) Damage/Wrongtut Death) Tort Insurance coverage (18) lass tort {40) Other contract (37) Securities Iitigation (28) Prod hy @ Real Property : Environmental/Toxie tort (30) Medical malpractice (48) (2) Eminent domaininverse Fe ce uarage claims arising from the Other P/PDAWD (23) condemnation (14) 5 08 (61) provisionally complex case Non-PUPDAND (Other) Tort Wrongful eviction (33) ° Business tort/unfair business Other real property (26) Enforcement of Judgment practice (07) Enforcement of judgment (20) Civil rights (08) Unlawful Detalnor Defamation (13) Commercial (31) Miscellaneous Clvil Complaint Fraud (16) Residential (32) RICO (27) Intellectual property (19) Drugs (38) Other complaint (not specified above) (42) Professional nagligence (26) Judictal Review Miscellanaous Civil Petition Othar non-PUPDAND tort (35) Asset forfeiture (05) 4 Partnership and corporate governance (21) Employment Petition sa: arbitration award (11) Other petition (not specified above) (43) Wrongful termination (38) Wit of mandate (02) Other employment (16) Other Judicial review (39) 2. Thiscase [} is (] isnot complex under rule 3.400 of the Califomia Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a Large number of separately represented parties d. 8 Large number of witnesses b. Extensive motion practice raising difficultornovel —_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 ¢. LL) Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision . Remedies sought (check all that apply): a, [XJ monetary b, nonmonetary; daclargtory or injunctive relief c. [2] punitive . Number of causes of action (specify): 3 . Thiscase LJ] is is not aclass action suit, . If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: August 30, 2018 , Dope BY FAX Spencer J. Pahlke, Esq . - > . (TYPE OR PRINT NAME) Ke (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) v 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 Califomia Rules of Court, you must serve a copy of thls 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. Pago {of 2 Seema CEB Essential CIVIL CASE COVER SHEET Cal, Rules of Cour nes 2.90, 3,200, ee a fev ady f ab wn a TovarCM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 1 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’ Civi! Case statistics about the types and numbers o! over ‘heet contained on cases filed, You must complete Itams 1 throug! age 1. This information will be used to compita 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 cage listed In item 1, check the more spe: damages, (2) punitive damages, attachment Th hols time-for-service To Partles In Complex Cases. In com case is complex. If a plaintiff believes tt completing the appropriate boxes in items 1 and 2, Ifa complaint on all parties to the action. A defendant may fil re ic one, If the case has multiple causes of action, check To assist you in completing the sheet, examples of the cases that belong unde: sheet must be filed only with your inltfal f each case Paper. Failure to file a cover sheet with the first paper its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Partles In Rule 3.740 Collections Cases. A “collections case” owed in a sum stated to be certain that is not more than $25,000, e which property, services, or money was acqulred on credit. A collections case does ) recovery of real property, (4) recovery of perso! Identification of a case as a rule 3.7. sponsive pleading. A rule 3.740 he box that best indicates the primary cause of action. type in item 1 are provided below. A cover filed In a clvil case may subject a party, under rule 3.740 is defined as an action for recovery of money xclusive of interest and attorney's fees, arising from a transaction in not include an action seeking the following: (1) tort nal property, or {g @ prejudgment writ of '40 collections case on this form means that it will be exempt from the general F uirements and case management rules, uniess a defendant files a re: case will be subject to the requirements for service and obtaining a judgment in rule 3.74( lex cases only, parties must also use the Civil Case Cover Sheet to designate whether the 16 case Is complex under rule 3.400 of the California Rules of Court, this must be indicated laintiff designates a case as complex, the cover sheet must be served with the le and serve no later than the time of its first appearance a joinder in the lections piaintifrs designation, a counter-designation that the case Is not complex, or, If the plaintiff has made no designation, a designation that he case is complex. Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) {if the case involves an uninsured motorist claim subject fo arbitration, check this item instead of Auto) Other PUPDAND (Personal Injury/ Property Damage/Wrongtul Death) Tort Asbestos (04) Asbestos Properly Damage Asbestos Personal Injury/ Wrongful Death Product Liabllity (not asbesfos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professtonal Health Cara Malpractice Other PI/PDAWD (23) Premises Liability (@.g., slip ind fal and fall) Intentlonal Bodlly-Injury‘PDAWD {8.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress GASE TYPES AND EXAMPLES Contract Breach of Contract/warranty (08) Breach of Rental/Lease Contract (not unlawful detainer or wrongtul eviction) ContractWarranty Breach-Seller Plaintiff (not freud or negligence) Negligent Breach of Contrac’ ‘Warranty Other Breach of ContractWarranty Collections (e.g., money awsd, open book accounts) (09) Collection Case-Seller Plalntift Other Promissory Note/Collections ase ‘ Insurance Coverage (not provisionaily complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domaln/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Wtit of Possession of Real Property Mortgage Foreclosure: Quiet Title Other Real Property (not eminent domain, landlordftenant, or Provislonally Comptex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentaYToxic Tort (30) Insurance Coverage Claims (arising from provisionally campisx case type listed above) (41) Enforcement of Judgment Enforcement of Judgmant (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Slster State Judgment Administrative Agency Award (not unpaid taxes) Petitlor/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (nol specified above} (42) Declaratory Relief Only Injunctive Relief Only (non- herassment) Mechanics Lien Other P/PDAVD foroolosure) Other Commercial Complaint Non-PUPDAWD (Other) Tort Unlawful Detalner ome, ‘ertron-compley} Business Tort/Untair Business ‘Commercial (31) (oon-torthnon: ex) Civil ants (oe disc Restkentia (22) i Miscell Civil Petition il Rights (¢.g., discrimination, Drugs (38) (if the case involves illegal iseellanoous on hecemon) one drugs, check this item; othenwiss, Pertnersh'p eth Defamation (eg., slander, tbel) au dtctat eae Commercial or Residential} Other Patton no! specad Froud a 6) Asset Forfaiture (05) Chet Herceament Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence Professional Negligence (28) Writ of Mandate (02) Elder/Dependent Adult Legal Malpractice Writ-Administrative Mandamus "abuse Writ-Mandamus on Limited Court Election Contest Other role arco Cree ita Ee crs crane thor Non-PUFDIWD Tart (35) Ae ota, Cte Court Case Peliton for Rellef from Late Employment Other Judictal Review (39) ‘Wrongful Termination (36) Raview of Health Officer Order Other Civil Petition Other Employment (15) Nolice of Appeal-abor ‘ Commissioner Appeals CM-OTO Rev. Jay 1, 2007] CER’ | Essential CIVIL CASE COVER SHEET Page 202 cdhucom | fe\Formg: Tovar BY FAX