Preview
\r CM-OlO
ATTORNEY OR PARTY WTIHOUT ATTORNEY (name, state bar number, and address) FOR COURT USE ONLY
Erin E. Patterson, SBN 262285 Patn'ck J. Layman, SBN 59643 Nicholas J. Babilis, SBN 291676
W. Tang, SBN 314337 Thomas Seboum, SBN 279272 Can'na M. Jordan, SBN 302099
Jason
Shane T. Wate, SBN 302738
J.
SUPERIORFCO'UIIST
E
OF CALIF .
SUTTELL & HAMMER, APC COUNTY OF SAN BERNARDOIng
P.O. Box C-90006 SAN RERNARDWO DISTRICT
Bellevue, WA 98009
TELEPHONE NO. (425) 455-8220/ (888) 788-8355 FAX NO. (425) 453-3239
califomia@suttelllaw.com AUG 26 2021
ATTORNEY FOR: DISCOVER BANK
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 WEST THIRD STREET
MAILING ADDRESS:
av § DOW)
NICOLE O’DWYEH. DEPUTY
CITYAND ZIP CODE: San Bemardino CA 92415-0210
BRANCH NAME: San Bernardino District Civil Division
CASE NAME:
DISCOVER BANK v. PEDRO GARCIA
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
[] Unlimited [ ]
Counter
Joinder [ ]
(Amount demanded exceeds $25,000) Filed with first appearance by Defendant (Cal. Ru les
€
[ X] Limited Court, rule 3.402) DEPT:
(Amount demanded is $25,000 0r less)
Items l-6 must be completed (see instructions on page 2)
l. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Rules of
[ ]
Auto (22) [ ] Breach 0f Contract/Warranty (O6) Court, rules 3.400-3.403)
[ ] Uninsured Motorist (46) [
X ] Rule 3.740 Collections (09) [ ] Antitrust/Trade Regulations (03)
Other PI/PD/WD (Personal lnj ury/Property [] Other Collections (09) [ ] Construction Defect (10)
Damage/Wrongful Death) Tort [ ] Insurance Coverage (1 8) [ ] Mass Tort (40)
[ ] Other contract (37)
[ ] Asbestos (04) [ ] Securities Litigation (28)
[ ]
Product Liability (24) Real Property [ ] Environmental/Toxic Tort (30)
K9
[ ] Medical Malpractices (45) [ ] Eminent
domain/inverse [ ]
Insurance Coverage Claims arising from the above
[ ] Other PI/PD/WD (23) Condemnation (l4) listed provisionally complex case types (41)
Non-Pl/PD/WD (Other) Tort [ ] Wrongful
eviction (33) Enforcement of Judgment ”(Vi
[ ] Business Tort/ Unfair Business Practices (07) [ ]
Other real propeny (26) [ ] Enforcement
ofJudgment (20)
[ ] Civil Rights (08) Unlawful Detainer Miscellaneous Civil Complaint
[ ]
Defamation (l3) [ ] Commercial (31) [ ] RICO (47)
[ ] Fraud (l 6) [ ] Residential (32) [ ]
Other Complaint (not specified above) (42)
[ ] Intellectual Property (l9) [ ] Drugs (38) Miscellaneous Civil Petition
] Professional Negligence (25) Judicial Review [ ]
Partnership and corporate governance (21)
[
[ Other non-PI/PD/WD
]
Tort (35) [ ] Asset Forfeiture (05) [ ]
Other petition (not specified above (43)
Employment [ ] Petition re: Arbitration Award (1 l)
[ ]
Wrongful Termination (36) [ ] Writ of Mandate (02)
[ ]
Other Employment (15) [ ]
Other Judicial Review
2. This case [ ] is [ X ]
is not complex under rule 3.400 0f the California Rules of d. [ ] Large number of witnesses
Court. If case is complex, mark the factors requiring exceptional judicial management: e. [ ] Coordination and related actions pending in one or more courts in
a. [ ] Large number of separately represented parties other counties, states, or countries, or in a federal court
b. Extensive motion practice raising difficult or novel issues that will be time- f. [ ] Substantial post—disposition judicial disposition
[ ]
consuming to resolve
c. [ ] Substantial
amount of documentary evidence
3. Remedies sought (check all that apply) a. [X] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ]
punitive
4. Number of causes on action (specify): 2
5. This case [ ] is [ X] is not a class action suit.
6. If there are any known rela‘ed cases, file and serve a notice of related cases. (You may use form CM-015)
Dated August 16, 2021
( )Nicholas SBN 291676
J, Babilis. ( )Carina M, Jordan. SBN 302099
Pmrick J. SBN 59643
Layman, (
X'I'homas J. Sebourn, SBN 279272
( )
)Erin E. Patterson. SBN 262285 )Jason W. Tang, SBN 314337 "i;?/A-—w—~-x-..f
( (
( )Shanc T. Watc‘ SBN 302738
(TYPE OR PRINT NAME) (SIGNATURE)
NOTICE
Plaintiffmust file this cover sheet with the fust paper filed in the action or proceeding (except small claims cases or cases filed under the Probate code, Family Code, 0r
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.
Ifthis case is complex under rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy ofthis 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 l 01‘2
Fonn Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal‘ Rules of Court, rules 2.30, 3.220, 1400-1403, 3.740
Judicial Council ofCalifomia Cal. Standards of Judicial Administration, std. 3.10
CM-OlO [Rev. July 1, 2007)
INMUCTIONS ON HOW TO COMPLETE THE COVER SET CM_010
and Others Filing First Papers. Ifyou are filing a first paper (for example, a complaint) in a civil case, you must comple‘e and file, along with you
first paper, the
To Plaintiffs
Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and
numbers ofcases filed. You must complete items 1 through
6 on the sheet. In item l, you must check one box for the case type that best describes the case. Ifthe case fits both a
general and a more specific type of case listed in item 1.
check me 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 l are provided below. A cover sheet must be filed only with your initial paper.
Failure to file a cover sheet with
California Rules of Court.
the fixst paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 ofthe
T0 Parties in Rule 3.740 Collections Cases. A “collections case“ under rule 3.740 is defined as an action for recovery 0f money owed in a sum stated to be cenain that is not
more than $25,000, exclusive of interest and attorney‘s fees, arising fi'om a transaction in which property, services, or money was acquired on credit. A
collections case does
following: ton damages, punitive damages, recovery of real property, (4) recovery ofpersonal propeny, or (5) a prejudgment writ nf
not include an action seeking the (1) (2) (3)
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt fiom the
general time—for—service requirements and case
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
management rules,
3 .740.
If a Plaintifi‘believes the case
To Patties in Complex Cases.In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex.
a case as
is complex under of the Califomia Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a Plaintiffdesignates
rule 3 .400
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 fust appearance a joinder in
a designation that the case is complex.
the Plaintiff‘s designation, a counter-desigmtion that the case is not complex, or, if the Plaintiffhas made no designation,
CASE TYPES AND EXAMPLES
Other Breach of Contmct/Warmnty Abstract ofJudgment (Out of
Auto Tort
Auto (22)-Personal Injury/Property Collections (c.g., money owed, open County)
Damage/Wrongful Death Uninsured Moton'st Book accounts) (09) Confession ofJudgnent (non-
Collection Case-Seller Plaintifi Domestic relations)
(46) (ifthe case involves an uninsured
motorist claim subject t0 arbitration, check this Other Promissory Note/Collections Sister State Judgment
item instead of Auto) Case Administrative Agency Award
Other PI/PD/WD (Personal [njury/ Property Insutance Coverage (not provisionally (not unpaid taxes)
Complex) (18) of Entry of
Petition/Certiflcation
Damage/Wrongful Death) Tort
Asbestos (04) Auto Subrogation Judgment on Unpaid Taxes
Asbestos Property Damage Other Coverage Other Enforcement of Judgnent
Asbestos Personal Injury/ Other Contract (37) Case
Wrongful Death Contractual Fraud Miscellaneous Civil Complaint
Product Liability (not asbestos or Other Conuact Dispute RICO (27)
Toxic/environmental) (24) Real Property Other Complaint (not specified
Medical Malpractice (45) Eminent Domain/lnverse Condemnation (l4) Above) (42)
Medical Malpractice- Wrongful Eviction (33) Declaratory Relief Only
Injunctive Relief Only (non-
Physicians & Surgeons Other Real Property (e.g., quiet title) 26)
Other Professional Health Case Wn't of Possession of Real Property harassment)
Malpractice Mortgage Foreclosure Mechanics Lien
Other PI/PD/WD (23) Quiet Title Other Commercial Complaint
Premises Liability (e.g., slip and fall) omer Real Propeny (not eminent Case (non—tort/non—complex)
Intentional Bodily Injury/PD/WD (e.g., assault, Domain, landlord/tenant, or Foreclosure) Other Civil Complaint
Unlawful Detainer (non-tort/non-complex)
vandalism)
Intentional Infliction of Emotional Distress Commercial (31) Miscellaneous Civil Petition
Residential (32) Partnership and Corporate
Negligent Infliction of Emotional Distress
Other PI/PD/WD Drugs (38) (ifthe case involves illegal Governance (2 l)
Non-PI/PD/WD (Other) Tort Drugs, check this item; otherwise, Other Petition (not specified
Business Tort/Unfair Business Practice (07) Report as Commercial or Residential) Above) (43)
Judicial Review Civil Harassment
Civil Rights (e.g., discrimination,
False arrest) (not civil Asset Forfeiture (05) Workplace Violence
Harassment) (08) Petition Re: Arbitation Award (l 1) Elder/Dependent Adult
Defamation (e.g., slander, libel) (13) Writ of Mandate (02) Abuse
Mandamus
Writ-Administrative Election Contest
Fraud (16)
Intellectual Property (19) Writ—Mandamus on Limited Coun Petition for Name Change
Case Matter Petition for Relief From Late
Professional Negligence (25)
Legal Malpractice Writ-Other Limited Court Case Review Claim
Other Professional Malpractice (not medical or Other Judicial Review (39) Other Civil Petition
legal) Review of Health Officer Order
Other Non-Pl/PD/WD Ton (35) Notice of Appeal-Labor
Employment Commissioner Appeals
Wrongful Termination (36) Provisionally Complex Civil Litigation (Cal.
Other Employment (15) Rules of Court Rules 3.400-3.403)
Contract Antihust/Trade Regulation (03)
Breach of Contract/Warranty (06) Construction Defect (10)
Breach ofRental/Lease Claims Involving Mass T011 (40)
Connact (not unlawful detainer or wrongful Securities Litigation (28)
eviction) Environmental/Toxic Tort (30)
Contmct/Wamnty Breach-Seller Insurance Coverage Claims
Plaintifi (not fiaud or negligence) (arising fi'om provisionally complex
Negligent Breach of Contract] Case type listed above) (41)
Wananty Enforcement of Judgment
Enforcement of Judgment (20)
CM-OlO [Rev. July l, 2007) CIVIL CASE COVER SHEET Page 2 of2
Preview
\r CM-OlO ATTORNEY OR PARTY WTIHOUT ATTORNEY (name, state bar number, and address) FOR COURT USE ONLY Erin E. Patterson, SBN 262285 Patn'ck J. Layman, SBN 59643 Nicholas J. Babilis, SBN 291676 W. Tang, SBN 314337 Thomas Seboum, SBN 279272 Can'na M. Jordan, SBN 302099 Jason Shane T. Wate, SBN 302738 J. SUPERIORFCO'UIIST E OF CALIF . SUTTELL & HAMMER, APC COUNTY OF SAN BERNARDOIng P.O. Box C-90006 SAN RERNARDWO DISTRICT Bellevue, WA 98009 TELEPHONE NO. (425) 455-8220/ (888) 788-8355 FAX NO. (425) 453-3239 califomia@suttelllaw.com AUG 26 2021 ATTORNEY FOR: DISCOVER BANK SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 WEST THIRD STREET MAILING ADDRESS: av § DOW) NICOLE O’DWYEH. DEPUTY CITYAND ZIP CODE: San Bemardino CA 92415-0210 BRANCH NAME: San Bernardino District Civil Division CASE NAME: DISCOVER BANK v. PEDRO GARCIA CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: [] Unlimited [ ] Counter Joinder [ ] (Amount demanded exceeds $25,000) Filed with first appearance by Defendant (Cal. Ru les € [ X] Limited Court, rule 3.402) DEPT: (Amount demanded is $25,000 0r less) Items l-6 must be completed (see instructions on page 2) l. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Rules of [ ] Auto (22) [ ] Breach 0f Contract/Warranty (O6) Court, rules 3.400-3.403) [ ] Uninsured Motorist (46) [ X ] Rule 3.740 Collections (09) [ ] Antitrust/Trade Regulations (03) Other PI/PD/WD (Personal lnj ury/Property [] Other Collections (09) [ ] Construction Defect (10) Damage/Wrongful Death) Tort [ ] Insurance Coverage (1 8) [ ] Mass Tort (40) [ ] Other contract (37) [ ] Asbestos (04) [ ] Securities Litigation (28) [ ] Product Liability (24) Real Property [ ] Environmental/Toxic Tort (30) K9 [ ] Medical Malpractices (45) [ ] Eminent domain/inverse [ ] Insurance Coverage Claims arising from the above [ ] Other PI/PD/WD (23) Condemnation (l4) listed provisionally complex case types (41) Non-Pl/PD/WD (Other) Tort [ ] Wrongful eviction (33) Enforcement of Judgment ”(Vi [ ] Business Tort/ Unfair Business Practices (07) [ ] Other real propeny (26) [ ] Enforcement ofJudgment (20) [ ] Civil Rights (08) Unlawful Detainer Miscellaneous Civil Complaint [ ] Defamation (l3) [ ] Commercial (31) [ ] RICO (47) [ ] Fraud (l 6) [ ] Residential (32) [ ] Other Complaint (not specified above) (42) [ ] Intellectual Property (l9) [ ] Drugs (38) Miscellaneous Civil Petition ] Professional Negligence (25) Judicial Review [ ] Partnership and corporate governance (21) [ [ Other non-PI/PD/WD ] Tort (35) [ ] Asset Forfeiture (05) [ ] Other petition (not specified above (43) Employment [ ] Petition re: Arbitration Award (1 l) [ ] Wrongful Termination (36) [ ] Writ of Mandate (02) [ ] Other Employment (15) [ ] Other Judicial Review 2. This case [ ] is [ X ] is not complex under rule 3.400 0f the California Rules of d. [ ] Large number of witnesses Court. If case is complex, mark the factors requiring exceptional judicial management: e. [ ] Coordination and related actions pending in one or more courts in a. [ ] Large number of separately represented parties other counties, states, or countries, or in a federal court b. Extensive motion practice raising difficult or novel issues that will be time- f. [ ] Substantial post—disposition judicial disposition [ ] consuming to resolve c. [ ] Substantial amount of documentary evidence 3. Remedies sought (check all that apply) a. [X] monetary b. [ ] nonmonetary; declaratory or injunctive relief c. [ ] punitive 4. Number of causes on action (specify): 2 5. This case [ ] is [ X] is not a class action suit. 6. If there are any known rela‘ed cases, file and serve a notice of related cases. (You may use form CM-015) Dated August 16, 2021 ( )Nicholas SBN 291676 J, Babilis. ( )Carina M, Jordan. SBN 302099 Pmrick J. SBN 59643 Layman, ( X'I'homas J. Sebourn, SBN 279272 ( ) )Erin E. Patterson. SBN 262285 )Jason W. Tang, SBN 314337 "i;?/A-—w—~-x-..f ( ( ( )Shanc T. Watc‘ SBN 302738 (TYPE OR PRINT NAME) (SIGNATURE) NOTICE Plaintiffmust file this cover sheet with the fust paper filed in the action or proceeding (except small claims cases or cases filed under the Probate code, Family Code, 0r 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. Ifthis case is complex under rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy ofthis 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 l 01‘2 Fonn Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal‘ Rules of Court, rules 2.30, 3.220, 1400-1403, 3.740 Judicial Council ofCalifomia Cal. Standards of Judicial Administration, std. 3.10 CM-OlO [Rev. July 1, 2007) INMUCTIONS ON HOW TO COMPLETE THE COVER SET CM_010 and Others Filing First Papers. Ifyou are filing a first paper (for example, a complaint) in a civil case, you must comple‘e and file, along with you first paper, the To Plaintiffs Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers ofcases filed. You must complete items 1 through 6 on the sheet. In item l, you must check one box for the case type that best describes the case. Ifthe case fits both a general and a more specific type of case listed in item 1. check me 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 l are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with California Rules of Court. the fixst paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 ofthe T0 Parties in Rule 3.740 Collections Cases. A “collections case“ under rule 3.740 is defined as an action for recovery 0f money owed in a sum stated to be cenain that is not more than $25,000, exclusive of interest and attorney‘s fees, arising fi'om a transaction in which property, services, or money was acquired on credit. A collections case does following: ton damages, punitive damages, recovery of real property, (4) recovery ofpersonal propeny, or (5) a prejudgment writ nf not include an action seeking the (1) (2) (3) attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt fiom the general time—for—service requirements and case 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 management rules, 3 .740. If a Plaintifi‘believes the case To Patties in Complex Cases.In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. a case as is complex under of the Califomia Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a Plaintiffdesignates rule 3 .400 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 fust appearance a joinder in a designation that the case is complex. the Plaintiff‘s designation, a counter-desigmtion that the case is not complex, or, if the Plaintiffhas made no designation, CASE TYPES AND EXAMPLES Other Breach of Contmct/Warmnty Abstract ofJudgment (Out of Auto Tort Auto (22)-Personal Injury/Property Collections (c.g., money owed, open County) Damage/Wrongful Death Uninsured Moton'st Book accounts) (09) Confession ofJudgnent (non- Collection Case-Seller Plaintifi Domestic relations) (46) (ifthe case involves an uninsured motorist claim subject t0 arbitration, check this Other Promissory Note/Collections Sister State Judgment item instead of Auto) Case Administrative Agency Award Other PI/PD/WD (Personal [njury/ Property Insutance Coverage (not provisionally (not unpaid taxes) Complex) (18) of Entry of Petition/Certiflcation Damage/Wrongful Death) Tort Asbestos (04) Auto Subrogation Judgment on Unpaid Taxes Asbestos Property Damage Other Coverage Other Enforcement of Judgnent Asbestos Personal Injury/ Other Contract (37) Case Wrongful Death Contractual Fraud Miscellaneous Civil Complaint Product Liability (not asbestos or Other Conuact Dispute RICO (27) Toxic/environmental) (24) Real Property Other Complaint (not specified Medical Malpractice (45) Eminent Domain/lnverse Condemnation (l4) Above) (42) Medical Malpractice- Wrongful Eviction (33) Declaratory Relief Only Injunctive Relief Only (non- Physicians & Surgeons Other Real Property (e.g., quiet title) 26) Other Professional Health Case Wn't of Possession of Real Property harassment) Malpractice Mortgage Foreclosure Mechanics Lien Other PI/PD/WD (23) Quiet Title Other Commercial Complaint Premises Liability (e.g., slip and fall) omer Real Propeny (not eminent Case (non—tort/non—complex) Intentional Bodily Injury/PD/WD (e.g., assault, Domain, landlord/tenant, or Foreclosure) Other Civil Complaint Unlawful Detainer (non-tort/non-complex) vandalism) Intentional Infliction of Emotional Distress Commercial (31) Miscellaneous Civil Petition Residential (32) Partnership and Corporate Negligent Infliction of Emotional Distress Other PI/PD/WD Drugs (38) (ifthe case involves illegal Governance (2 l) Non-PI/PD/WD (Other) Tort Drugs, check this item; otherwise, Other Petition (not specified Business Tort/Unfair Business Practice (07) Report as Commercial or Residential) Above) (43) Judicial Review Civil Harassment Civil Rights (e.g., discrimination, False arrest) (not civil Asset Forfeiture (05) Workplace Violence Harassment) (08) Petition Re: Arbitation Award (l 1) Elder/Dependent Adult Defamation (e.g., slander, libel) (13) Writ of Mandate (02) Abuse Mandamus Writ-Administrative Election Contest Fraud (16) Intellectual Property (19) Writ—Mandamus on Limited Coun Petition for Name Change Case Matter Petition for Relief From Late Professional Negligence (25) Legal Malpractice Writ-Other Limited Court Case Review Claim Other Professional Malpractice (not medical or Other Judicial Review (39) Other Civil Petition legal) Review of Health Officer Order Other Non-Pl/PD/WD Ton (35) Notice of Appeal-Labor Employment Commissioner Appeals Wrongful Termination (36) Provisionally Complex Civil Litigation (Cal. Other Employment (15) Rules of Court Rules 3.400-3.403) Contract Antihust/Trade Regulation (03) Breach of Contract/Warranty (06) Construction Defect (10) Breach ofRental/Lease Claims Involving Mass T011 (40) Connact (not unlawful detainer or wrongful Securities Litigation (28) eviction) Environmental/Toxic Tort (30) Contmct/Wamnty Breach-Seller Insurance Coverage Claims Plaintifi (not fiaud or negligence) (arising fi'om provisionally complex Negligent Breach of Contract] Case type listed above) (41) Wananty Enforcement of Judgment Enforcement of Judgment (20) CM-OlO [Rev. July l, 2007) CIVIL CASE COVER SHEET Page 2 of2