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CM-010
ATTORNEY OR PARTY WITHOUT ATFO (Name, State Bar number, and address): .’
V! FOR COURT USE ONLY
JACK H. POGOSIAN, State Bar No.2 305 /MANASI TAHILIANI, State Bar N0.: 272821 / 1
CHRISTINA ARNOLD, State Bar N0.: 297590 / HYO JIN JULIA JUNG, State Bar No.1 316090/
MELINE GRIGORYAN, State Bar No.1 321 133 / MICHAEL D. KAHN, Slate Bar No.2 236898/
NICHOL ALAN DE GUZMAN, State Bar No.2 314989 / CAMRYN P. BERK, State Bar No.2 F I L E D
SUPERIOR COURT OF CALIFORN'A
3 17565 COUNTY 0F SAN BERNARDINO
MIDLAND CREDIT MANAGEMENT, INC. SAN BERNARD'NO D'STR'CT
350 CAMINO DE LA REINA. SUITE 100
SAN DIEGO, CA 92108
TELEPHONE NO.: (866) 300—8750 FAX NO.: (858) 309—1588
FEB 2 6 2021,
ATTORNEY FOR (Name); MIDLAND CREDIT MANAGEMENT, INC.
’ .m.
SUPERIOR couRT 0F CALIFORNIA, COUNTY 0F SAN BERNARDINO
STREET ADDRESS: BY ,
,
MAILING ADDRESS: 247 WEST THIRD STREET BRIAN GUTIEHREZ. DEPUTV
CITY AND ZIP CODE: SAN BERNARDINO, CA 924150210
BRANCH NAME: SAN BERNARDINO DISTRICT CIVIL DIVISION
CASE NAME: MIDLAND CREDIT MANAGEMENT. INC. VS. JAMES J ANGEL
CIVIL CASE COVER SHEET Complex Case Designation CASBmBs.B 2 I u ‘ 9 3 a
D Unlimited Case Limited Case D Counter D Joinder
JUDGE:
(Amount demanded (Amount demanded Filed with first appearance by defendant
exceeds $25,000) is $25,000 or less) (Cal. Rules of Court, rule 3.402)
DEPT:
Items 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
D Auto (22) D Breach of contract/warranty (06) gal. Rules of Court, rules 3.400—3.403)
D Uninsured motorist (46) E Rule 3‘740 collections (09) Amitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property D Othercouecnons (09) D C0"$"“°“°” defec‘ (‘0)
DamagelWrongful Death) Tort
D Insurance coverage <18) D Masston (40)
Asbestos (04)
D Othercomract (37) D Securities litigation (28)
D Product Iiability(24)
Real Property E] EnvironmentaI/Toxicton (30)
D Medical malpractice (45)
Eminent domain/lnverse condemnation (14) D Insuranpe coverage claims arising from the
D Other PI/PD/WD (23) Wrongtur eviction (33)
fyigfifiged
pr°"‘s'°”a”y 00mm" case
Non-PI/PD/wo (Other) Tort
Business torUunfair business practice (07)
D omer real propeny (26)
Enforcement 0f JUdgment
Unlawful Detainer
Enforcement ofjudgment (20)
D _ I _
clvn nghts (08)
D Commercial (31) .
Miscellaneous
. .
Complaint
.
D Defamation (13)
.
D _ ‘
Regldennal (32)
D moo (27)
CIVII
FFaUd (16) D DVUQS (38)
D Other complaint (notspecif/ed above) (42)
E Intellectual property (19) Revugw
JudICIal
Misceuaneous Civil petition
D PTOfeSSiona' neg'igence (25) D Asset forfe'ture (05)
D Pannership and corporate governance (21)
D Other non'Pl/PD/WD t0” (35) D Petition re: arbitration award (11)
D Other petition (norspecif/ed above) (43)
Employment D Writ of mandate (02)
Wrongful termination (36)
D Other judicial review (39)
D Other employment (15)
2. This case
judicial
D X
management:
is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional
a. Large number of separately represented parties d. 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.
D Substantial amount of documentary evidence f.
D Substantial post judgment judicial supervision
.
.
Remedies
Number of
sought (check allthatapply):a.
causes of action (specify): ONE
E monetary b. D non monetary; declaratory orinjunctive relief c. D punitive
. This case D g is is not a class action suit.
there areiny known related cases, and serve a notice of related case. (You may use form CM-015.)
00)th
. If file
fl/flate:
H. OGOSIAN/ MANASI TAHILIANI
EJACK
CHRISTINA ARNOLD/ HYO JIN JULIA JUNG
MELINE GRIGORYAN/ MICHAEL D. KAHN
NICHOL ALAN DE GUZMAN /DCAMRYN P. BERK F j
(TYPE 0R PRINT NAME) (SIGNM’URE 0r-' 0R 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.
0 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 panies 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.
que1 of2
Form Adopted for Mandatory Use Coun, rules 2.30, 3.220, 3400-3403, 3.740;
Judicial Council of California
CIVIL CASE COVER SHEET Cal. Rules of
Cal. Standards of Judicial Administration, std. 8.10
CM—O10 [Rev. July 1, 2007]
CA_OIOOG File N0.: 20-293321
. CM-010
‘
INSUTIONS ON HOW TO COMPLETE THE ER 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 Sheetcontained on page 1. This information wi|| 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 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 Sheetto 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 panies to the action. A defendant may 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, the plaintiff has made no designation, a designation that
if
the case is complex.
CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Civil Litigation (Cal.
Auto (22)—Personal lnjury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403)
Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (If the Contract (not unlawful detainer or Construction Defect (1 0)
case involves an uninsured motorist wrongful eviction) Claims Involving Mass Tort (40)
claim subject to Contract/Warranty Breach—Seller Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) EnvironmentaI/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Warranty Insurance Coverage Claims
Other Breach of Contract/Warranty (arising from provisionally complex
Other Pl/PDNVD (Personal lnjury/ Property
Collections (e.g., money owed, open book case type listed above) (41)
DamageNVrongful Death)
accounts) (09)
Tort Enforcement of Judgment
Collection Case—Seller Plaintiff
Asbestos (04) Enforcement of Judgment (20)
Other Promissory Note/Collections
Asbestos Propeny Damage Abstract of Judgment ( Out of
Case
Asbestos Personal Injury/ County)
Insurance Coverage (not provisionally
Wrongful Death Confession of Judgment (non-
complex) (1 8)
Product Liability (not asbestos or domestic relations)
Auto Subrogation
toxic/environmental) (24) Sister State Judgment
Other Coverage
Medical Malpractice (45) Administrative Agency Award
Other Contract (37)
Medical Malpractice— (not unpaid taxes)
Contractual Fraud
Physicians & Surgeons Petition/Certification of Entry of
Other Contract Dispute
Other Professional Health Care Judgment on Unpaid Taxes
Malpractice Real Property Other Enforcement of Judgment
Other PI/PDNVD (23) Eminent Domain/Inverse Case
Premises Liability (e.g., slip Condemnation (14)
and fall) Wrongful Eviction (33) Miscellaneous Civil Complaint
Intentionai Bodily Injury/PDNVD Other Real Property (e.g., quite title) (26) RICO (27)
(e.g., assault, vandalism) Writ of Possession of Real Property Other Complaint (notspecified
Intentional Infliction of Mortgage Foreclosure above) (42)
Emotional Distress Quite Title Declaratory Relief Only
Negligent Infliction of Other Real Property (not eminent Injunctive Relief Only (non-
Emotional Distress domain, landlord/tenant, or foreclosure) harassment)
Other PI/PD/WD Unlawful Detainer Mechanics Lien
Non-PIIPD/WD (Other) Tort Commercial (31)
Other Commercial Complaint
Business Tort/Unfair Business Residential (32) Case (non-ton/non-complex)
Practice (07) Drugs (38) (if the case involves illegal Other Civil Complaint
Civil Rights (e.g., discrimination, drugs, check this item; othen/vise, report (non-tort/non-complex)
false arrest) (not civil as Commercial or Residential) Miscellaneous Civil Petition
harassment) (08) Judicial Review Partnership and Corporate
Defamation (e.g., slander, libel) Asset Fodeiture (05) Governance (21)
(1 3) Petition Re: Arbitration Award (1 1)
Other Petition (not specified above)
Fraud (16) Writ of Mandate (02) (43)
Intellectual Property (19) Writ—Administrative Mandamus Harassment
Civil
Professional Negligence (25) Writ—Mandamus on Limited Court Workplace Violence
Legal Malpractice Case Matter EIder/Dependent Adult
Other Professional Malpractice Writ—Other Limited Court Case Abuse
(non medical or legal) Review Election Contest
Other Non-Pl/PDNVD Tort (35) Other Judicial Review (39) Petition for Name Change
Review of Health Officer Order Petition for Relief from Late
Employment
Wrongful Termination (36) Notice ofAppeaI—Labor Claim
Other Employment (1 5) Commissioner Appeals Other Civil Petition
CM-01o [Rem July 1, 2007] Page 2 of 2
CIVIL CASE COVER SHEET
CA_0100G File No.: 20-29332]
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CM-010 ATTORNEY OR PARTY WITHOUT ATFO (Name, State Bar number, and address): .’ V! FOR COURT USE ONLY JACK H. POGOSIAN, State Bar No.2 305 /MANASI TAHILIANI, State Bar N0.: 272821 / 1 CHRISTINA ARNOLD, State Bar N0.: 297590 / HYO JIN JULIA JUNG, State Bar No.1 316090/ MELINE GRIGORYAN, State Bar No.1 321 133 / MICHAEL D. KAHN, Slate Bar No.2 236898/ NICHOL ALAN DE GUZMAN, State Bar No.2 314989 / CAMRYN P. BERK, State Bar No.2 F I L E D SUPERIOR COURT OF CALIFORN'A 3 17565 COUNTY 0F SAN BERNARDINO MIDLAND CREDIT MANAGEMENT, INC. SAN BERNARD'NO D'STR'CT 350 CAMINO DE LA REINA. SUITE 100 SAN DIEGO, CA 92108 TELEPHONE NO.: (866) 300—8750 FAX NO.: (858) 309—1588 FEB 2 6 2021, ATTORNEY FOR (Name); MIDLAND CREDIT MANAGEMENT, INC. ’ .m. SUPERIOR couRT 0F CALIFORNIA, COUNTY 0F SAN BERNARDINO STREET ADDRESS: BY , , MAILING ADDRESS: 247 WEST THIRD STREET BRIAN GUTIEHREZ. DEPUTV CITY AND ZIP CODE: SAN BERNARDINO, CA 924150210 BRANCH NAME: SAN BERNARDINO DISTRICT CIVIL DIVISION CASE NAME: MIDLAND CREDIT MANAGEMENT. INC. VS. JAMES J ANGEL CIVIL CASE COVER SHEET Complex Case Designation CASBmBs.B 2 I u ‘ 9 3 a D Unlimited Case Limited Case D Counter D Joinder JUDGE: (Amount demanded (Amount demanded Filed with first appearance by defendant exceeds $25,000) is $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation D Auto (22) D Breach of contract/warranty (06) gal. Rules of Court, rules 3.400—3.403) D Uninsured motorist (46) E Rule 3‘740 collections (09) Amitrust/Trade regulation (03) Other PI/PD/WD (Personal Injury/Property D Othercouecnons (09) D C0"$"“°“°” defec‘ (‘0) DamagelWrongful Death) Tort D Insurance coverage <18) D Masston (40) Asbestos (04) D Othercomract (37) D Securities litigation (28) D Product Iiability(24) Real Property E] EnvironmentaI/Toxicton (30) D Medical malpractice (45) Eminent domain/lnverse condemnation (14) D Insuranpe coverage claims arising from the D Other PI/PD/WD (23) Wrongtur eviction (33) fyigfifiged pr°"‘s'°”a”y 00mm" case Non-PI/PD/wo (Other) Tort Business torUunfair business practice (07) D omer real propeny (26) Enforcement 0f JUdgment Unlawful Detainer Enforcement ofjudgment (20) D _ I _ clvn nghts (08) D Commercial (31) . Miscellaneous . . Complaint . D Defamation (13) . D _ ‘ Regldennal (32) D moo (27) CIVII FFaUd (16) D DVUQS (38) D Other complaint (notspecif/ed above) (42) E Intellectual property (19) Revugw JudICIal Misceuaneous Civil petition D PTOfeSSiona' neg'igence (25) D Asset forfe'ture (05) D Pannership and corporate governance (21) D Other non'Pl/PD/WD t0” (35) D Petition re: arbitration award (11) D Other petition (norspecif/ed above) (43) Employment D Writ of mandate (02) Wrongful termination (36) D Other judicial review (39) D Other employment (15) 2. This case judicial D X management: is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional a. Large number of separately represented parties d. 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. D Substantial amount of documentary evidence f. D Substantial post judgment judicial supervision . . Remedies Number of sought (check allthatapply):a. causes of action (specify): ONE E monetary b. D non monetary; declaratory orinjunctive relief c. D punitive . This case D g is is not a class action suit. there areiny known related cases, and serve a notice of related case. (You may use form CM-015.) 00)th . If file fl/flate: H. OGOSIAN/ MANASI TAHILIANI EJACK CHRISTINA ARNOLD/ HYO JIN JULIA JUNG MELINE GRIGORYAN/ MICHAEL D. KAHN NICHOL ALAN DE GUZMAN /DCAMRYN P. BERK F j (TYPE 0R PRINT NAME) (SIGNM’URE 0r-' 0R 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. 0 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 panies 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. que1 of2 Form Adopted for Mandatory Use Coun, rules 2.30, 3.220, 3400-3403, 3.740; Judicial Council of California CIVIL CASE COVER SHEET Cal. Rules of Cal. Standards of Judicial Administration, std. 8.10 CM—O10 [Rev. July 1, 2007] CA_OIOOG File N0.: 20-293321 . CM-010 ‘ INSUTIONS ON HOW TO COMPLETE THE ER 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 Sheetcontained on page 1. This information wi|| 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 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 Sheetto 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 panies to the action. A defendant may 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, the plaintiff has made no designation, a designation that if the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto (22)—Personal lnjury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (If the Contract (not unlawful detainer or Construction Defect (1 0) case involves an uninsured motorist wrongful eviction) Claims Involving Mass Tort (40) claim subject to Contract/Warranty Breach—Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) EnvironmentaI/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Warranty Insurance Coverage Claims Other Breach of Contract/Warranty (arising from provisionally complex Other Pl/PDNVD (Personal lnjury/ Property Collections (e.g., money owed, open book case type listed above) (41) DamageNVrongful Death) accounts) (09) Tort Enforcement of Judgment Collection Case—Seller Plaintiff Asbestos (04) Enforcement of Judgment (20) Other Promissory Note/Collections Asbestos Propeny Damage Abstract of Judgment ( Out of Case Asbestos Personal Injury/ County) Insurance Coverage (not provisionally Wrongful Death Confession of Judgment (non- complex) (1 8) Product Liability (not asbestos or domestic relations) Auto Subrogation toxic/environmental) (24) Sister State Judgment Other Coverage Medical Malpractice (45) Administrative Agency Award Other Contract (37) Medical Malpractice— (not unpaid taxes) Contractual Fraud Physicians & Surgeons Petition/Certification of Entry of Other Contract Dispute Other Professional Health Care Judgment on Unpaid Taxes Malpractice Real Property Other Enforcement of Judgment Other PI/PDNVD (23) Eminent Domain/Inverse Case Premises Liability (e.g., slip Condemnation (14) and fall) Wrongful Eviction (33) Miscellaneous Civil Complaint Intentionai Bodily Injury/PDNVD Other Real Property (e.g., quite title) (26) RICO (27) (e.g., assault, vandalism) Writ of Possession of Real Property Other Complaint (notspecified Intentional Infliction of Mortgage Foreclosure above) (42) Emotional Distress Quite Title Declaratory Relief Only Negligent Infliction of Other Real Property (not eminent Injunctive Relief Only (non- Emotional Distress domain, landlord/tenant, or foreclosure) harassment) Other PI/PD/WD Unlawful Detainer Mechanics Lien Non-PIIPD/WD (Other) Tort Commercial (31) Other Commercial Complaint Business Tort/Unfair Business Residential (32) Case (non-ton/non-complex) Practice (07) Drugs (38) (if the case involves illegal Other Civil Complaint Civil Rights (e.g., discrimination, drugs, check this item; othen/vise, report (non-tort/non-complex) false arrest) (not civil as Commercial or Residential) Miscellaneous Civil Petition harassment) (08) Judicial Review Partnership and Corporate Defamation (e.g., slander, libel) Asset Fodeiture (05) Governance (21) (1 3) Petition Re: Arbitration Award (1 1) Other Petition (not specified above) Fraud (16) Writ of Mandate (02) (43) Intellectual Property (19) Writ—Administrative Mandamus Harassment Civil Professional Negligence (25) Writ—Mandamus on Limited Court Workplace Violence Legal Malpractice Case Matter EIder/Dependent Adult Other Professional Malpractice Writ—Other Limited Court Case Abuse (non medical or legal) Review Election Contest Other Non-Pl/PDNVD Tort (35) Other Judicial Review (39) Petition for Name Change Review of Health Officer Order Petition for Relief from Late Employment Wrongful Termination (36) Notice ofAppeaI—Labor Claim Other Employment (1 5) Commissioner Appeals Other Civil Petition CM-01o [Rem July 1, 2007] Page 2 of 2 CIVIL CASE COVER SHEET CA_0100G File No.: 20-29332]