Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY
p
(Name. Stare Bar number, and address};
-
'
-
FOR COURT USE ONLY
CM-o1o
—MacDowell & Associates, Ltd. — CA Bar No. 170651
3636 Birch St, Ste. 29o, Newport Beach, CA 92660 ‘
Fl L E
SUPERIOR COURT OF CALIFORNM
D
COUNTY OF SAN BERNARDINO
TELEPHONE No.: 94 9 — 7 5 6 — 8 l l4 FAX No; SAN BERNARDINO DISTRICT
ATTORNEY FOR (Name):TD Auto Finance LLC
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN BmeARDINo JUL O 2 2021
STREET ADDRESS:
SAN BERNARDINO— CIVIL JUDICIAL DISTRICT
MAILING ADDRESS:
247 WEST THIRD ST
CITY ANDZIP CODE:
SAN BERNARDINO, CA 92415-0210 BY
BRANCH NAME
CASE NAME:
Auto w :
r 1nance hm,
-
BRIAN GUTIERHEZ. DEPUTY
vs. Paula Foster
CIVIL CASE COVER SHEET complex ease Designation
Unlimited Limited
E c ounter E .
Jomder
C“ivmgb 2 1 1 9 U 7 1‘
(Amount (Amount
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
Auto (22) E
COHtfaCt
Breach of comrawwarramy (06)
Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400—3.403)
E
Uninsured motorist (46)
Other PIIPDNVD (Personal lnjurylProperty
Damage/Wrongful Death) Tort
E
D
Rule 3.740 collections (09)
Other collections (09) E
D
Antitrust/Trade regulation (03)
Construction defect
Mass tort
(1 0)
Asbestos.
Pmduc‘
(0.4)
"ab'l'ty (2.4)
D Insurance coverage (18)
Other contract (37) E
E
(40)
Securities litigation (28)
E Med'ca' malpram'ce (45)
E
Real Property
Eminem dqmaiH/lnverse D EnvironmentaI/Toxic tort (30)
Insurance coverage claims arising from the
E
Other PI/PD/WD (23)
Non-PIIPD/WD (other) Tort E
E
condemnatlon (14)
Wrongful eviction (33)
above listed provisionally
types (41)
Enforcement of Judgment
complex case
E Business toryunfair business practice (07) Other
Unlawful Detainer
real property (26)
E Enforcement of judgment (20)
D
E
Civil rights (08)
Defamation (13)
E commerCia' (31) Miscellaneous
D Civil Complaint
D
D
Fraud (1e)
Intellectual property (19) D Residential (32)
DNQS
Review
(33) D Rico (27)
Other complaint (not specified above) (42)
E Professional negligence (25)
Other non'PI/PD/WD t0” (35)
Judicial
E Assft forfe'ture' (05.)
Miscellaneous Civil Petition
and corporate governance
Employmem
Wrongful termination (36) E Pet't'on re" arb'trat'on
Wn‘t of mandate
award (1 1)
E Partnership
Other petition (not specified above) (43)
(21)
2.
E E Other employment (15)
This case is is not
E
complex under rule
(02)
Otherjudicial review (39)
3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
E
a.
D
b.
Large number of separately represented parties
Extensive motion practice raising difficult or novel
d.
e.
E
E Large number of witnesses
Coordination with related actions pending in one or more courts
issues that be time-consuming to resolve other counties, states, or countries, or a federal court
E
c. Substantial
will
amount of documentary evidence f. E in
Substantial postjudgment judicial superVision
in
3. Remedies sought (check all thatapply): a.- monetary hm nonmonetary; declaratory or injunctive relief c. Epunitive
4. Number of causes of action (specify):
5. This case D is is not
l
a class action suit.
6.
Date:
If there are
June 21 2021
o Plaintiff
any known
Todd A. MacDowell
,
(TYPE
related cases, file
OR PRINT NAME)
and serve a notice of related case. (You
NOTICE
’
cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
must file this
may use form
(SIGNATURE OF
V
CM—015.)
PAWATI'OMEY FORW /
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.
t 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.
I Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
39 e 1 of 2
Form Adopted for Mandatory Use
Judicial Council of Califomia
CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30. 3.220. 3.400-3.403, 3.740;
Cal. Standards of Judicial Administration. std. 3.10
cM-010 [Rev. July 1. 2007] www.courfinfo.ca.gov
American LegalNet, Inc.
www.FormsWorkflow.com
V
INSTRUCTIONS ON
'
HOW TO COMPLETE THE COVER SHEET
,
V CM-o1o
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 recovery of real property, (4) recovery of personal property. or (5) a prejudgment writ of
damages, (3)
attachment. The case as a rule 3.740 collections case on this form means that it will be exempt from the general
identification of a
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 complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
is
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
the case is complex.
CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Civil Litigation (Cal.
Auto (22)—Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400—3.403)
DamageNVrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Contract (not unlawful detainer Construction Defect (10)
Uninsured Motorist (46) (if the
or wrongful eviction) Claims Involving Mass Ton (40)
case involves an uninsured
motorist claim subject to Contract/Warranty Breach—Seller Securities Litigation (28)
fraud or negligence)
Plaintiff (not Environmental/Toxic Tort (30)
arbitration, check this item
instead of Auto) Negligent Breach of Contract! Insurance Coverage Claims
Warranty (arising from provisionally complex
Other PIIPDNVD (Personal lnjuryl
Other Breach of Contract/Warranty case type listed above) (41)
Property DamageIWrongful Death)
Collections (e.g., money owed. open Enforcement of Judgment
Tort
book accounts) (09) Enforcement of Judgment (20)
Asbestos (04)
Collection Case—Seller Plaintiff Abstract of Judgment (Out of
Asbestos Property Damage
Other Promissory Note/Collections County)
Asbestos Personal lnjury/
Case Confession of Judgment (non-
Wrongful Death
Insurance Coverage (not provisionally domestic relations)
Product Liability (not asbestos or
complex) (1 8) Sister State Judgment
toxic/environmental) (24)
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Other Coverage (not unpaid taxes)
Medical Malpractice—
Petition/Certification of Entry of
Physicians & Surgeons Other Contract (37)
Contractual Fraud
Judgment on Unpaid Taxes
Other Professional Health Care
Malpractice Other Contract Dispute OtheéaEnforcement of Judgment
se
Other PI/PD/WD (23) Real Property
Eminent Domain/lnverse Miscellaneous Civil Complaint
Premises Liability (e.g.. slip
Condemnation (1 4)
RICO (27)
and fall)
Wrongful Eviction (33) Other Complaint (not specified
Intentional Bodily Injury/PDNVD
above) (42)
(e.g., assault, vandalism) Other Real Property (e.g.. quiet title) (26)
Declaratory Relief Only
Intentional Infliction of Writ of Possession of Real Property
Injunctive Relief Only (non-
Emotional Distress Mortgage Foreclosure harassment)
Negligent Infliction of Quiet Title
Mechanics Lien
Emotional Distress Other Real Property (not eminent
Other Commercial Complaint
Other Pl/PDIWD domain, landlord/Ienant, or
Case (non-tort/non-complex)
Non-PIIPDIWD (Other) Tort foreclosure)
Other Civil Complaint
Business Tort/Unfair Business Unlawful Detainer (non-tort/non-complex)
Practice (O7) Commercial (31)
Miscellaneous Civil Petition
Civil Rights (e.g.. discrimination, Residential (32) Partnership and Corporate
false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21)
harassment) (08) drugs, check this item; otherwise, Other Petition (not specified
Defamation (e.g., slander. libel) report as Commercial or Residential) above) (43)
(1 3) Judicial Review Civil Harassment
Fraud (16) Asset Forfeiture (05) Workplace Violence
Intellectual Propeny (19) Petition Re: Arbitration Award (1 1) EIder/Dependent Adult
Professional Negligence (25) Writ of Mandate (02) Abuse
Legal Malpractice Writ—Administrative Mandamus Election Contest
Other Professional Malpractice Writ—Mandamus on Limited Coun Petition for Name Change
(not medical or legal) Case Matter Petition for Relief From Late
Other Non-Pl/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 AppeaI—Labor
Commissioner Appeals
CM-010 Page 2 of 2
2007]
[Rev. July 1,
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Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY p (Name. Stare Bar number, and address}; - ' - FOR COURT USE ONLY CM-o1o —MacDowell & Associates, Ltd. — CA Bar No. 170651 3636 Birch St, Ste. 29o, Newport Beach, CA 92660 ‘ Fl L E SUPERIOR COURT OF CALIFORNM D COUNTY OF SAN BERNARDINO TELEPHONE No.: 94 9 — 7 5 6 — 8 l l4 FAX No; SAN BERNARDINO DISTRICT ATTORNEY FOR (Name):TD Auto Finance LLC SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN BmeARDINo JUL O 2 2021 STREET ADDRESS: SAN BERNARDINO— CIVIL JUDICIAL DISTRICT MAILING ADDRESS: 247 WEST THIRD ST CITY ANDZIP CODE: SAN BERNARDINO, CA 92415-0210 BY BRANCH NAME CASE NAME: Auto w : r 1nance hm, - BRIAN GUTIERHEZ. DEPUTY vs. Paula Foster CIVIL CASE COVER SHEET complex ease Designation Unlimited Limited E c ounter E . Jomder C“ivmgb 2 1 1 9 U 7 1‘ (Amount (Amount 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 Auto (22) E COHtfaCt Breach of comrawwarramy (06) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400—3.403) E Uninsured motorist (46) Other PIIPDNVD (Personal lnjurylProperty Damage/Wrongful Death) Tort E D Rule 3.740 collections (09) Other collections (09) E D Antitrust/Trade regulation (03) Construction defect Mass tort (1 0) Asbestos. Pmduc‘ (0.4) "ab'l'ty (2.4) D Insurance coverage (18) Other contract (37) E E (40) Securities litigation (28) E Med'ca' malpram'ce (45) E Real Property Eminem dqmaiH/lnverse D EnvironmentaI/Toxic tort (30) Insurance coverage claims arising from the E Other PI/PD/WD (23) Non-PIIPD/WD (other) Tort E E condemnatlon (14) Wrongful eviction (33) above listed provisionally types (41) Enforcement of Judgment complex case E Business toryunfair business practice (07) Other Unlawful Detainer real property (26) E Enforcement of judgment (20) D E Civil rights (08) Defamation (13) E commerCia' (31) Miscellaneous D Civil Complaint D D Fraud (1e) Intellectual property (19) D Residential (32) DNQS Review (33) D Rico (27) Other complaint (not specified above) (42) E Professional negligence (25) Other non'PI/PD/WD t0” (35) Judicial E Assft forfe'ture' (05.) Miscellaneous Civil Petition and corporate governance Employmem Wrongful termination (36) E Pet't'on re" arb'trat'on Wn‘t of mandate award (1 1) E Partnership Other petition (not specified above) (43) (21) 2. E E Other employment (15) This case is is not E complex under rule (02) Otherjudicial review (39) 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: E a. D b. Large number of separately represented parties Extensive motion practice raising difficult or novel d. e. E E Large number of witnesses Coordination with related actions pending in one or more courts issues that be time-consuming to resolve other counties, states, or countries, or a federal court E c. Substantial will amount of documentary evidence f. E in Substantial postjudgment judicial superVision in 3. Remedies sought (check all thatapply): a.- monetary hm nonmonetary; declaratory or injunctive relief c. Epunitive 4. Number of causes of action (specify): 5. This case D is is not l a class action suit. 6. Date: If there are June 21 2021 o Plaintiff any known Todd A. MacDowell , (TYPE related cases, file OR PRINT NAME) and serve a notice of related case. (You NOTICE ’ cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed must file this may use form (SIGNATURE OF V CM—015.) PAWATI'OMEY FORW / 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. t 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. I Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. 39 e 1 of 2 Form Adopted for Mandatory Use Judicial Council of Califomia CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30. 3.220. 3.400-3.403, 3.740; Cal. Standards of Judicial Administration. std. 3.10 cM-010 [Rev. July 1. 2007] www.courfinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com V INSTRUCTIONS ON ' HOW TO COMPLETE THE COVER SHEET , V CM-o1o 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 recovery of real property, (4) recovery of personal property. or (5) a prejudgment writ of damages, (3) attachment. The case as a rule 3.740 collections case on this form means that it will be exempt from the general identification of a 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 complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by is 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 the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto (22)—Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400—3.403) DamageNVrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Contract (not unlawful detainer Construction Defect (10) Uninsured Motorist (46) (if the or wrongful eviction) Claims Involving Mass Ton (40) case involves an uninsured motorist claim subject to Contract/Warranty Breach—Seller Securities Litigation (28) fraud or negligence) Plaintiff (not Environmental/Toxic Tort (30) arbitration, check this item instead of Auto) Negligent Breach of Contract! Insurance Coverage Claims Warranty (arising from provisionally complex Other PIIPDNVD (Personal lnjuryl Other Breach of Contract/Warranty case type listed above) (41) Property DamageIWrongful Death) Collections (e.g., money owed. open Enforcement of Judgment Tort book accounts) (09) Enforcement of Judgment (20) Asbestos (04) Collection Case—Seller Plaintiff Abstract of Judgment (Out of Asbestos Property Damage Other Promissory Note/Collections County) Asbestos Personal lnjury/ Case Confession of Judgment (non- Wrongful Death Insurance Coverage (not provisionally domestic relations) Product Liability (not asbestos or complex) (1 8) Sister State Judgment toxic/environmental) (24) Medical Malpractice (45) Auto Subrogation Administrative Agency Award Other Coverage (not unpaid taxes) Medical Malpractice— Petition/Certification of Entry of Physicians & Surgeons Other Contract (37) Contractual Fraud Judgment on Unpaid Taxes Other Professional Health Care Malpractice Other Contract Dispute OtheéaEnforcement of Judgment se Other PI/PD/WD (23) Real Property Eminent Domain/lnverse Miscellaneous Civil Complaint Premises Liability (e.g.. slip Condemnation (1 4) RICO (27) and fall) Wrongful Eviction (33) Other Complaint (not specified Intentional Bodily Injury/PDNVD above) (42) (e.g., assault, vandalism) Other Real Property (e.g.. quiet title) (26) Declaratory Relief Only Intentional Infliction of Writ of Possession of Real Property Injunctive Relief Only (non- Emotional Distress Mortgage Foreclosure harassment) Negligent Infliction of Quiet Title Mechanics Lien Emotional Distress Other Real Property (not eminent Other Commercial Complaint Other Pl/PDIWD domain, landlord/Ienant, or Case (non-tort/non-complex) Non-PIIPDIWD (Other) Tort foreclosure) Other Civil Complaint Business Tort/Unfair Business Unlawful Detainer (non-tort/non-complex) Practice (O7) Commercial (31) Miscellaneous Civil Petition Civil Rights (e.g.. discrimination, Residential (32) Partnership and Corporate false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21) harassment) (08) drugs, check this item; otherwise, Other Petition (not specified Defamation (e.g., slander. libel) report as Commercial or Residential) above) (43) (1 3) Judicial Review Civil Harassment Fraud (16) Asset Forfeiture (05) Workplace Violence Intellectual Propeny (19) Petition Re: Arbitration Award (1 1) EIder/Dependent Adult Professional Negligence (25) Writ of Mandate (02) Abuse Legal Malpractice Writ—Administrative Mandamus Election Contest Other Professional Malpractice Writ—Mandamus on Limited Coun Petition for Name Change (not medical or legal) Case Matter Petition for Relief From Late Other Non-Pl/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 AppeaI—Labor Commissioner Appeals CM-010 Page 2 of 2 2007] [Rev. July 1, CIVIL CASE COVER SHEET