Preview
.\
I
r - -
\r \t
, CM-01O
ATTORNEY 0R EARTY VWTHOUT ATTORNEY (Name, S'lare Bar numéen and address): FOR COURT USE ONLY
‘Rlchard Klm, Esq. (272184)
LAW OFFICES OF RICHARD KIM, PC
$131 Oganfieglxrggayw Suite 370 F i L E
uena ar ,
SUPERIOR C w
TELEPHONENO; 71_4) 276-1122 mo; (714) 276—1 120 COUNTY 09$; ggfikggfigm '
momev Fog (Name); Hernandez lalntlffl Ellzabeth SAN BERNARDINO DISTRICT
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F San Bernardino
‘
STREET ADDRESS: 247 West Third Street
MAbLING ADDRESS: Same as above
APR 0 6 2021‘
cm AND zup cone; EanlBfimgrdino, CA 9241 5
1V1 IVISIOD
,
" [M ‘
fl
BRANCH NAME. -
‘ ‘
Y wWM/xw ir \
N
CASE NAME:
. ANA: com z—hnfMIRpkr’finEpun-n
" ’
Gomez v. Bhavnanl, ct. a1. -
'
CIVIL CASE COVER SHEET
Unlimited
(Amount
D Limited
(Amount E
Complex Case Designation
Counter D Joinder
‘ CWM§RB
JUDGE,
2 1 o9 6 5 a
'
demanded demanded is Filed with first appearance by defendant
~
,
,
g
_ wm‘
exceeds $25,000) $25,000 or less) (Cal. Rules of Court. rule 3.402) DEPT: ’fi’sfig $“3‘EW‘33
" u “”“"*"'~"‘43~‘"
{I}
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
Ame (22) E
Contract
[:]
Breach of contracuwarramy (05)
Provlsionally Complex Clvll Litigation
(Cal.
D
Rules of Coun, rules 3.4004403)
Uninsured motorist (46)
Other PIIPDNVD (Personal InjurylProparty
DamagelWrongful Death)T°fl
D
D
Rule 3.740 connections (o9)
Other collections (09) D
D
Antitrust/Trade regulation (03)
Construction defect
M355 10fi(40)
(1 0)
Asbestog
PFOdUCt "ab'MY (24)
(Off) l |
Real Property
Insurance coverage (18)
omer contract (37) D Securities litigation (28)
medical ma'pracnce (45) Eminent d°mainllnver59
condemnation (1 4)
D
I
Environmentalrroxlc
Insurance coverage claims arising from the
tort (30)
D
Other PllPD/WD (23)
Non-PI/PDNVD (Other) Tort E
D Wrongful eviction (33)
above
types (41)
listed provisionally
Enf°m°m°m °f Judgment
complex case
E]
Business ton/unfair business practice (07)
Civil rights (08)
E
Other real
Unlawful Detainer
pwpeny (26)
D Enforcement orjudgment (20)
[j
E
E
Defamation (13)
Fraud (16) D
E
Commerclal (31)
Residential (32)
Drugs
Miscellaneous
D Rlco (27)
Clvll Complalnt
D
D
Intellectual property (1 9)
meesswna' negligence (25)
E
JUdlcla' R°Vl°w
(33) Other complaint (notspecifled above) (42)
Miscellaneous ClvllPetition
Employment
CI
non-PVPDNVD t0"
O‘her
Wrongful termination (36)
(35)
D
D
Asse‘ fmeiture (05)
Petition re: arbitration
mandate
award (11)
D Pannership and corporate governance (21)
Other petition (not specified above) (43)
2,
E
This case
Other employment (15)
E] is [E is not complex under
C]
Writ of
rule
(oz)
Other judicial review (39)
3.400 orthe California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a.
b.
E]
D
Large number of separately represented parties
Extensive motion practice raising difficult or novel
d.
e.
B
E Large number of witnesses
Coordination with related actions pending in one or more courts
be time-consuming
c. D issues that
Substantial
will
amount of documentary evidence
to resolve
f. D in other counties. states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal court
Remedies sought (check all thatapply): am monetary hm nonmonetary; declaratory or injunctive relief c. Epunitive
Number of causes of action (specify): 2
9’5".“9’
This case
If there are any
E is
known
is not
related cases, file
a class action suit.
and serve a notice of related case. (You may use form CM—O15.)
Date: A 0r'l 5/1”,”
fl!»
Richard Kim. Esq. p
mp5 on PRLNT NAME) (SIGNATURE 0F pAmv 0R Anew Y Fon mam
NOTICE
o Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except smaIl claims cases or cases filed
under‘he Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure w 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 e1 seq. ofthe 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 compIex case, this cover sheet will be used for statistical purposes onlly.
«In o 1 of z
Cal Rules of Cowl, rules 2 30. 3.220. 3 400—3 403, 3 740;
Form Adopted for Mandamry Use
Judicial Council of Calitomia
CIVIL CASE COVER SHEET Cal Standards o! Judlual Admmuslrmmn, std 3 10
CM-01 0 [Rev July 1. 2007] www courilnlo ca gov
"' V. V
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM 01o
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 case type that best describes the case If the case fits both a general and a more specific
for the
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 y'ou 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: tort (1)
damages, (2) punitive damages,
recovery of real property. (4) recovery of personal property, or (5) a prejudgment writ of
(3)
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. |n complex cases only. parties must also use the Civil Case
Cover Sheet to designate whether the
case complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must
is
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 ma y 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
the case is complex.
CASE TYPES AND EXAMPLES
Auto Tort Contract Provlslonally Complex Clvll Litigatlon (Cal.
Auto (22)—Personal Injury/Property Breach of ContracWVarranty (06) Rules of Court Rules 3.400—3.403)
Damage/Wrongful Death Breach of Rental/Lease AntitrustlTrade Regulation (03)
Uninsured Motorist (46) (ifthe Contract (no! unlawful detainer Construction Defect (1 0)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
moton'st claim subject to Contract/Warranty Breach—Seller Securities Litigation (28)
arbitration, check this item fraud or negligence)
Plaintiff (not Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Clalms
Other PIIPDIWD (Personal Injury! Warranty (arising from provisionally complex
Property DamageIWrongful Death) Other Breach of Contract/Warranty case type listed above) (41)
Tort Collections (e.g., money owed, open Enforcement of Judgment
Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case—Seller Plaintiff Abstrac‘ of Judgment (Out of
Asbestos Personal Injuryl Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relation s)
toxic/environmantal) (24) complex) (1 8) Sister State Judgment
Medical Malpractice (45) Auto Subrogatlon Administrative Agency Award
Medical Malpractice— Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Cenification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PIIPDIWD (23) Real Property Case
Premises Liability (e.g.. slip Eminent Domainllnverse Mlscellaneous Clvll CompIalnt
and fall) Condemnation (14) RICO (27)
Intentional Bodily lnjurylPD/WD Wrongful Eviction (33) Other Complaint (no! specified
(e.g., assault.vandalism) above) (42)
Other Real Property (e.g., quiet title) (26)
Intentional infliction of Declaratory Relief Only
Writ of Possession of Real Property
Emotional Distress lnjunctive Relief Only (non-
Modgage Foreclosure
Negligent Infliction of harassment)
Quiet Title
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other PIIPDNVD Other Commercial Complaint
domain, Iandlord/tenant, or
Non-PIIPDNVD (Other) Tort foreclosure)
Case (non—tort/non-complex)
Business TorVUnfair Business Uniawful Detalner Other Civil Complalnt
(non—tort/non-complex)
Practice (O7) Commercial (31)
Civil Rights (e.g., discrimination.
Miscellaneous Clvll Petltlon
Residential (32)
false arrest) (not civil
Partnership and Corporate
Drugs (38) (if the case in volves illegal
harassment) (08) Governance (21)
drugs, check this item; otherwise,
Defamation (e.g., slander, Other Petition (not specified
libel) report as Commercial or Residential)
(13)
above) (43)
Judicial Review Civil Harassment
Fraud (1 6) Asset Forfeiture (05)
Intellectual Property (19)
Workpiace Violence
Petition Re: Arbitration Award (1 1)
Professional Negligence (25) Elder/Dependent Adult
ert of Mandate (02)
Legal Malpractice
Abuse
Writ—Administrative Mandamus
Election Contest
Other Professional Malpractice Writ—Mandamus on Limited Court
(not medical or legal)
Pefltlon for Name Change
Case Matter
Other Non-PI/PDNVD Tort (35) Petition for Relief From Late
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-o1o [Rev July 1. 2007] Page 2 of z
CIVIL CASE COVER SHEET
Preview
.\ I r - - \r \t , CM-01O ATTORNEY 0R EARTY VWTHOUT ATTORNEY (Name, S'lare Bar numéen and address): FOR COURT USE ONLY ‘Rlchard Klm, Esq. (272184) LAW OFFICES OF RICHARD KIM, PC $131 Oganfieglxrggayw Suite 370 F i L E uena ar , SUPERIOR C w TELEPHONENO; 71_4) 276-1122 mo; (714) 276—1 120 COUNTY 09$; ggfikggfigm ' momev Fog (Name); Hernandez lalntlffl Ellzabeth SAN BERNARDINO DISTRICT SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F San Bernardino ‘ STREET ADDRESS: 247 West Third Street MAbLING ADDRESS: Same as above APR 0 6 2021‘ cm AND zup cone; EanlBfimgrdino, CA 9241 5 1V1 IVISIOD , " [M ‘ fl BRANCH NAME. - ‘ ‘ Y wWM/xw ir \ N CASE NAME: . ANA: com z—hnfMIRpkr’finEpun-n " ’ Gomez v. Bhavnanl, ct. a1. - ' CIVIL CASE COVER SHEET Unlimited (Amount D Limited (Amount E Complex Case Designation Counter D Joinder ‘ CWM§RB JUDGE, 2 1 o9 6 5 a ' demanded demanded is Filed with first appearance by defendant ~ , , g _ wm‘ exceeds $25,000) $25,000 or less) (Cal. Rules of Court. rule 3.402) DEPT: ’fi’sfig $“3‘EW‘33 " u “”“"*"'~"‘43~‘" {I} 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 Ame (22) E Contract [:] Breach of contracuwarramy (05) Provlsionally Complex Clvll Litigation (Cal. D Rules of Coun, rules 3.4004403) Uninsured motorist (46) Other PIIPDNVD (Personal InjurylProparty DamagelWrongful Death)T°fl D D Rule 3.740 connections (o9) Other collections (09) D D Antitrust/Trade regulation (03) Construction defect M355 10fi(40) (1 0) Asbestog PFOdUCt "ab'MY (24) (Off) l | Real Property Insurance coverage (18) omer contract (37) D Securities litigation (28) medical ma'pracnce (45) Eminent d°mainllnver59 condemnation (1 4) D I Environmentalrroxlc Insurance coverage claims arising from the tort (30) D Other PllPD/WD (23) Non-PI/PDNVD (Other) Tort E D Wrongful eviction (33) above types (41) listed provisionally Enf°m°m°m °f Judgment complex case E] Business ton/unfair business practice (07) Civil rights (08) E Other real Unlawful Detainer pwpeny (26) D Enforcement orjudgment (20) [j E E Defamation (13) Fraud (16) D E Commerclal (31) Residential (32) Drugs Miscellaneous D Rlco (27) Clvll Complalnt D D Intellectual property (1 9) meesswna' negligence (25) E JUdlcla' R°Vl°w (33) Other complaint (notspecifled above) (42) Miscellaneous ClvllPetition Employment CI non-PVPDNVD t0" O‘her Wrongful termination (36) (35) D D Asse‘ fmeiture (05) Petition re: arbitration mandate award (11) D Pannership and corporate governance (21) Other petition (not specified above) (43) 2, E This case Other employment (15) E] is [E is not complex under C] Writ of rule (oz) Other judicial review (39) 3.400 orthe California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. b. E] D Large number of separately represented parties Extensive motion practice raising difficult or novel d. e. B E Large number of witnesses Coordination with related actions pending in one or more courts be time-consuming c. D issues that Substantial will amount of documentary evidence to resolve f. D in other counties. states, or countries, or Substantial postjudgmentjudicial supervision in a federal court Remedies sought (check all thatapply): am monetary hm nonmonetary; declaratory or injunctive relief c. Epunitive Number of causes of action (specify): 2 9’5".“9’ This case If there are any E is known is not related cases, file a class action suit. and serve a notice of related case. (You may use form CM—O15.) Date: A 0r'l 5/1”,” fl!» Richard Kim. Esq. p mp5 on PRLNT NAME) (SIGNATURE 0F pAmv 0R Anew Y Fon mam NOTICE o Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except smaIl claims cases or cases filed under‘he Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure w 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 e1 seq. ofthe 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 compIex case, this cover sheet will be used for statistical purposes onlly. «In o 1 of z Cal Rules of Cowl, rules 2 30. 3.220. 3 400—3 403, 3 740; Form Adopted for Mandamry Use Judicial Council of Calitomia CIVIL CASE COVER SHEET Cal Standards o! Judlual Admmuslrmmn, std 3 10 CM-01 0 [Rev July 1. 2007] www courilnlo ca gov "' V. V INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM 01o 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 case type that best describes the case If the case fits both a general and a more specific for the 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 y'ou 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: tort (1) damages, (2) punitive damages, recovery of real property. (4) recovery of personal property, or (5) a prejudgment writ of (3) 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. |n complex cases only. parties must also use the Civil Case Cover Sheet to designate whether the case complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must is 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 ma y 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 the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provlslonally Complex Clvll Litigatlon (Cal. Auto (22)—Personal Injury/Property Breach of ContracWVarranty (06) Rules of Court Rules 3.400—3.403) Damage/Wrongful Death Breach of Rental/Lease AntitrustlTrade Regulation (03) Uninsured Motorist (46) (ifthe Contract (no! unlawful detainer Construction Defect (1 0) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) moton'st claim subject to Contract/Warranty Breach—Seller Securities Litigation (28) arbitration, check this item fraud or negligence) Plaintiff (not Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Clalms Other PIIPDIWD (Personal Injury! Warranty (arising from provisionally complex Property DamageIWrongful Death) Other Breach of Contract/Warranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case—Seller Plaintiff Abstrac‘ of Judgment (Out of Asbestos Personal Injuryl Other Promissory Note/Collections County) Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relation s) toxic/environmantal) (24) complex) (1 8) Sister State Judgment Medical Malpractice (45) Auto Subrogatlon Administrative Agency Award Medical Malpractice— Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Cenification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other PIIPDIWD (23) Real Property Case Premises Liability (e.g.. slip Eminent Domainllnverse Mlscellaneous Clvll CompIalnt and fall) Condemnation (14) RICO (27) Intentional Bodily lnjurylPD/WD Wrongful Eviction (33) Other Complaint (no! specified (e.g., assault.vandalism) above) (42) Other Real Property (e.g., quiet title) (26) Intentional infliction of Declaratory Relief Only Writ of Possession of Real Property Emotional Distress lnjunctive Relief Only (non- Modgage Foreclosure Negligent Infliction of harassment) Quiet Title Emotional Distress Other Real Property (not eminent Mechanics Lien Other PIIPDNVD Other Commercial Complaint domain, Iandlord/tenant, or Non-PIIPDNVD (Other) Tort foreclosure) Case (non—tort/non-complex) Business TorVUnfair Business Uniawful Detalner Other Civil Complalnt (non—tort/non-complex) Practice (O7) Commercial (31) Civil Rights (e.g., discrimination. Miscellaneous Clvll Petltlon Residential (32) false arrest) (not civil Partnership and Corporate Drugs (38) (if the case in volves illegal harassment) (08) Governance (21) drugs, check this item; otherwise, Defamation (e.g., slander, Other Petition (not specified libel) report as Commercial or Residential) (13) above) (43) Judicial Review Civil Harassment Fraud (1 6) Asset Forfeiture (05) Intellectual Property (19) Workpiace Violence Petition Re: Arbitration Award (1 1) Professional Negligence (25) Elder/Dependent Adult ert of Mandate (02) Legal Malpractice Abuse Writ—Administrative Mandamus Election Contest Other Professional Malpractice Writ—Mandamus on Limited Court (not medical or legal) Pefltlon for Name Change Case Matter Other Non-PI/PDNVD Tort (35) Petition for Relief From Late 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-o1o [Rev July 1. 2007] Page 2 of z CIVIL CASE COVER SHEET