Preview
CM-01
“Daniel Stash “(Bary [3367 gy" ‘State Bar number, and address). FOR COURT USE Ome
MePharlin Sprinkles & Thomas LLP A
160 W. Santa Clara Street, Suite 400 /
San Jose, CA 95113 ( “2 ©;
TELEPHONE NO- (408) 293-1900 FAX NO: (408) 293-1999 ‘&
ATTORNEY FOR Name}: Shannon Gaines, Plaintiff. \ =) &
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA “e
street aooress: 19] North First Street |
maine aporess: 19] North First Street l
crrvano ze cone San Jose 95113
BRANCH NAME.
CASE NAME:
Gaines v. T. Miller Construction
CIVIL CASE COVER SHEET Complex Case Designati CASE NUMBER, .
X] Unlimited Limited ° a 1% cv3083 93
(Amount (Amount Counter Joinder
demanded demanded is Filed with first appearance by defendant ee
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
Auto (22) X] Breach of contractwarranty (06) _ (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) Rule 3.740 collections (09) L__] AntitrusvTrade regulation (03) = Sl
Other PUPDWD (Personal Injury/Property Other collections (09) Construction defect (1997) SY A
Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) wea F
Asbestos (04) [[} other contract (37) Securities litigation (28)
Product liability (24) Real Property LJ EnvironmentalToxic tort (30)
L__} Medical malpractice (45) Eminent domain/inverse Insurance coverage claims arising from the
Other PUPDIWD (23) condemnation (14) above listed provisionally complex case
Non-PUPD/WD (Other) Tort ‘Wrongful eviction (33) types (41)
Business tor¥/unfair business practice (07) Other real property (26) Enforcement of Judgment
Civil rights (08) Unlawful Detainer Enforcement of judgment (20)
Defamation (13) LJ Commercial (31) Miscellaneous Civil Complaint
[_] Fraud (16) Residential (32) RICO (27)
Intellectual property (19) LJ Drugs (38) L__] Other complaint (not specified above) (42)
Professional negligence (25) ial Review Miscellaneous Civil Petition
Other non-P/PDIWD tort (35) L| Asset forfeiture (05) Partnership and corporate governance (21)
Employment L_] 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. This case is XJ isnot 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 aC] Large number of witnesses
b. Extensive motion practice raising difficult 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. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision
Remedies sought (check all that apply): a.|_X_] monetary b. nonmonetary; declaratory or injunctive relief. punitive
Number of causes of action (specify): TWO (2)
This case L_lis XJisnot aclass action suit.
. If there are any known related cases, file and serve a notice of related case. (You may uge 2 form CM-0:
Date: April 10, 2017 -
Daniel J. Mash db {
(TYPE OR PRINT NAME) 7 [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. ota
QAR
Form Acoped for Mendatoy Use Gar Rules of Cour ries 230 3220 3400-3403, 3740
Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10
Canto (fev day 1 2007 vo courife 9 90%
LexisNexis® Automated California Judicial Counctl FormsINSTRUCTIONS 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
CM-010
the case is complex.
Auto Tort
Auto (22)—Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (48) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other PUPDIWD (Personal Injury!
Property Damage/Wrongful Death)
ort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
‘Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PUPDIWD (23)
Premises Liability (e.g., slip
and fall)
Intentional Bodily Injury/PD/WD
(eg., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PYPDWD
Non-PUPDIWD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
CASE TYPES AND EXAMPLES
Contract
Breach of ContractWarranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
ContractWarranty Breach—Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case—Seller Plaintiff
Other! Promissory Note/Collections
ase
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Untawful Detainer
‘Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ of Mandate (02)
\Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
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)
Securities Litigation (28)
Environmental/Toxic Tort (30)
Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
‘Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other, Enforcement of Judgment
ase
Miscellaneous Civil Complaint
RICO (27)
Other Complaint (not specified
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
above) (43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
‘Abuse
Election Contest
Petition for Name Change
(not medical or legal) Case Matter Petition for Relief From Late
Other Non-PI/PD/WD Tort (35) Writ-Other Limited Court Case Claim
Employment Review Other Civil Petition
Wrongful Termination (36) Other Judicial Review (39)
Other Employment (15) Review of Health Officer Order
Notice of Appeal-Labor
—_—— Commissioner Appeals
‘CM.010 (Rev. July 1, 2007) CIVIL CASE COVER SHEET Page Pot?
LexisNexis® Automated California Judicial Council Forms
Preview
CM-01 “Daniel Stash “(Bary [3367 gy" ‘State Bar number, and address). FOR COURT USE Ome MePharlin Sprinkles & Thomas LLP A 160 W. Santa Clara Street, Suite 400 / San Jose, CA 95113 ( “2 ©; TELEPHONE NO- (408) 293-1900 FAX NO: (408) 293-1999 ‘& ATTORNEY FOR Name}: Shannon Gaines, Plaintiff. \ =) & [SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA “e street aooress: 19] North First Street | maine aporess: 19] North First Street l crrvano ze cone San Jose 95113 BRANCH NAME. CASE NAME: Gaines v. T. Miller Construction CIVIL CASE COVER SHEET Complex Case Designati CASE NUMBER, . X] Unlimited Limited ° a 1% cv3083 93 (Amount (Amount Counter Joinder demanded demanded is Filed with first appearance by defendant ee 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 Auto (22) X] Breach of contractwarranty (06) _ (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) L__] AntitrusvTrade regulation (03) = Sl Other PUPDWD (Personal Injury/Property Other collections (09) Construction defect (1997) SY A Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) wea F Asbestos (04) [[} other contract (37) Securities litigation (28) Product liability (24) Real Property LJ EnvironmentalToxic tort (30) L__} Medical malpractice (45) Eminent domain/inverse Insurance coverage claims arising from the Other PUPDIWD (23) condemnation (14) above listed provisionally complex case Non-PUPD/WD (Other) Tort ‘Wrongful eviction (33) types (41) Business tor¥/unfair business practice (07) Other real property (26) Enforcement of Judgment Civil rights (08) Unlawful Detainer Enforcement of judgment (20) Defamation (13) LJ Commercial (31) Miscellaneous Civil Complaint [_] Fraud (16) Residential (32) RICO (27) Intellectual property (19) LJ Drugs (38) L__] Other complaint (not specified above) (42) Professional negligence (25) ial Review Miscellaneous Civil Petition Other non-P/PDIWD tort (35) L| Asset forfeiture (05) Partnership and corporate governance (21) Employment L_] 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. This case is XJ isnot 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 aC] Large number of witnesses b. Extensive motion practice raising difficult 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. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision Remedies sought (check all that apply): a.|_X_] monetary b. nonmonetary; declaratory or injunctive relief. punitive Number of causes of action (specify): TWO (2) This case L_lis XJisnot aclass action suit. . If there are any known related cases, file and serve a notice of related case. (You may uge 2 form CM-0: Date: April 10, 2017 - Daniel J. Mash db { (TYPE OR PRINT NAME) 7 [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. ota QAR Form Acoped for Mendatoy Use Gar Rules of Cour ries 230 3220 3400-3403, 3740 Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10 Canto (fev day 1 2007 vo courife 9 90% LexisNexis® Automated California Judicial Counctl FormsINSTRUCTIONS 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 CM-010 the case is complex. Auto Tort Auto (22)—Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (48) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PUPDIWD (Personal Injury! Property Damage/Wrongful Death) ort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ ‘Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice— Physicians & Surgeons Other Professional Health Care Malpractice Other PUPDIWD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (eg., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PYPDWD Non-PUPDIWD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice CASE TYPES AND EXAMPLES Contract Breach of ContractWarranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) ContractWarranty Breach—Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case—Seller Plaintiff Other! Promissory Note/Collections ase Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Untawful Detainer ‘Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) \Writ-Administrative Mandamus Writ-Mandamus on Limited Court 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) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) ‘Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other, Enforcement of Judgment ase Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified 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 above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult ‘Abuse Election Contest Petition for Name Change (not medical or legal) Case Matter Petition for Relief From Late Other Non-PI/PD/WD Tort (35) Writ-Other Limited Court Case Claim Employment Review Other Civil Petition Wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order Notice of Appeal-Labor —_—— Commissioner Appeals ‘CM.010 (Rev. July 1, 2007) CIVIL CASE COVER SHEET Page Pot? LexisNexis® Automated California Judicial Council Forms