Preview
t ‘
ATTORNEY 0R PARTY WITHOUT ATTORNEY
. I
(Name, State Bar number, and address).-
‘
I
. Fon counT USE ONLY
CM-01 0
Hunt & Henriques, LLP Debt collection license application pending.
Donald #266038
Sherrill Kevin Brendon Buiza #318691 F I L E
..
B
SUPERIOR COURT 0F CALIFORNIA
I l
7017 Realm Drive, San José, CA 95119
TELEPHONE No: (800) 680-2426 FAX No; (408) 362-2299 CgXSEYESSASRAFNNBfERQVARRDIéNTO
'
ATrORNEY FOR (Name); Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BEHNARDINO MAR 1 0 2022
STREET ADDRESS: 247 West Third Street
MAILING ADDRESS:
f] J)
Nth” Adm"
_
CITY AND ZIP CODE: San Bernardino CA 92415-0210
3V
BRANCH NAME: San Bernardino District-Civil Division Sifiu’f'l
Mfg.g;_y£y_ tA‘t'ijjfg‘
CASE NAME: CITIBANK, N.A. v. KATHY A KALTENBAUGH
CAZE COVERLSHEEE Complex Case Designation CAWSB
CSIIIL
n imite
(Amount
demanded
: imite
(Amount
demanded is
D Counter
Filed with first
E .
Jomder
appearance by defendant JUDGE:
2 2 0 3 9 [i
g
v 9
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:
E
Auto Tort
Auto (22) D
Contract
m Breach of contract/warranty (06)
Provisionally Complex Civil Litigation
(Cal-
l:
RU'es 0f Court; l'U'es 3-400'3-403)
Uninsured Motorist (46)
Other PI/PD/WD (Personal lnjury/Property E
E
Rule 3.740 collections (09)
Other co'leCtions (09) E
E
Anti‘rUSt/Trade reQU'afion (03)
GonStmdion defed (10)
Damage/wrongful Death) Tort
Asbestos (o4) E Insurance coverage (18)
Other contract (37) E M355 ton (40)
securities litigation (28)
H
CI
Medical malpractice (45)
<24>
Emmy Eminent domain/Inverse
E . .
prOVISIonaIIy
.
complex case
E
Other PI/PD/WD (23)
Non-PllPD/WD (Other) Tort
Business tort/unfair business practice (07)
’
E
D
condemnatign.(14)
wrongfm
Other real
eV'Ct'on (33)
pmpeny (26)
E
zliilsigfitfd
Enforcement of Judgment
Enforcement of judgment (20)
CI
E
l:|
Civil rights (08)
Defamation (13) E
Unlawful Detainer
E Commercial (31) E
Miscellaneous
E RICO (27)
Civi: Complaint
[j
E
Fraud (16)
Inte'leCtua' PFOPertY (19) E ReSidemial (32)
DrUQS (38)
E
Other complaint (notspecified above) (42)
Miscellaneous Civil Petition
[:3
Professional negligence (25)
Other non-PI/PD/WD tort (35) E
Judicial
D
Review
Asset fon‘eiture (05) E Partnership and corporate governance (21)
Other petition (not specified above) (43)
Employment
|:|
Wrongful termination (36)
Other employment (15)
E
l:
Petition re: arbitration
Writ of mandate
Other judicial review (39)
(02)
award (11)
2. This case |:] is m is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial
a.
b. E Large number of separately represented parties
Extensive motion practice raising
management:
difficult or novel
d.
e.
E
E Large number of witnesses
Coordination and related actions pending in one or more courts
c. E issues that
Substantial
will
amount
be time-consuming
of documentary evidence
to resolve
f. E in other counties, states, or countries, or
Substantial postjudgment judicial supervision
in a federal court
Remedies sought (check al/ thatapp/y): a. m monetary b. E nonmonetary; declaratory or injunctive relief c.gpunitive
P591993
Number
This case
If there are any
of
E m
causes
known
of action
is
(speciM:
is not
related cases,
1
a class action
file and serve a notice
suit.
of related case. (You may use form CM-015)
Date: February 23,
Kevin Brendon Buiza #318691
2022
(TYPE OR PRINT NAME)
> /\—/'
(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
t Plaintiff cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
must file this
under the Probate Code, Famin Code, or Welfare and Institutions Code). (Cal. Rules of Coun, rule 3.220.) Failure lo file may result
in sanctions.
o File this cover sheet in addition to any cover sheet required by local court rule.
o 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.
o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only.
Page 1 of 2
Form Adop‘ed Mandatory Use Cal. Rules of Coun, rules 2.30, 3.220, 3.400—3403. 3.740;
for
Judicial Council of CaIifornia
CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std‘ 3.10
CM-010 [Rev July 1, 2007] www.courtinfu.ca.gov
1483434001
O'-' 0 CM-O1 0
INSTRUCTIONS 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 Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
in
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 a prejudgment writ of
(5)
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 complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated
is
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
plaintiff's designation, a counter-designation that the case is not com plex,
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)—Persona! Injury/Property Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403)
DamageNVrongful Death Breach of RentaI/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach—Seller Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) Environmentalfl'oxic Ton (30)
instead ofAuto) Negligent Breach of Contract/ Insurance Coverage Claims
Other Pl/PD/WD (Personal Injury/ Warranty (arising from provisionally complex
Property DamageNVrongful 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) (O9) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal Injury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (no! provisionally domestic relations)
toxic/environmental) (24) complex) (1 8) Sister State Judgment
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Medical Malpractice— Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PI/PDNVD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall)
Condemnation(14) RICO (27)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (nor specified
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42)
Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non-
Negligent Infliction of Quiet Title harassment)
Emotional Distress Other Real Propeny (not eminent Mechanics Lien
Other PI/PD/WD domain, landlord/tenant, or Other Commercial Complaint
Non-Pl/PDNVD (Other) Tort foreclosure) Case (non—tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (O7) Commercial (31) (non-tort/non-complex)
Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate
harassment)(08) drugs, check this item; othenm‘se, Governance (21)
Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified
(13) Judicial Review above) (43)
Fraud (16) Asset Forfeiture (05) Harassment
Civil
Intellectual Property (19) Petition Re: Arbitration Award (1 1) Workplace Vioience
Professional Negiigence (25) Writ of Mandate EIder/Dependent Adult
(02)
Legal Malpractice Writ—Administrative Mandamus Abuse
Other Professional Malpractice Writ—Mandamus on Limited Court Election Contest
(not medical or legal) Case Matter Petition for Name Change
Other Non-Pl/PDNVD Tod (35) Writ—Other Limited Court Case from Late
Petition for Relief
Employment Review Claim
Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition
Other Employment (15) Review of Health Officer Order
Notice of AppeaI—Labor
Commissioner Appeals
CM-o10 [Rev July 1, 2007]
Page 2
CIVIL CASE COVER SHEET of 2
1 483434. 001
Preview
t ‘ ATTORNEY 0R PARTY WITHOUT ATTORNEY . I (Name, State Bar number, and address).- ‘ I . Fon counT USE ONLY CM-01 0 Hunt & Henriques, LLP Debt collection license application pending. Donald #266038 Sherrill Kevin Brendon Buiza #318691 F I L E .. B SUPERIOR COURT 0F CALIFORNIA I l 7017 Realm Drive, San José, CA 95119 TELEPHONE No: (800) 680-2426 FAX No; (408) 362-2299 CgXSEYESSASRAFNNBfERQVARRDIéNTO ' ATrORNEY FOR (Name); Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BEHNARDINO MAR 1 0 2022 STREET ADDRESS: 247 West Third Street MAILING ADDRESS: f] J) Nth” Adm" _ CITY AND ZIP CODE: San Bernardino CA 92415-0210 3V BRANCH NAME: San Bernardino District-Civil Division Sifiu’f'l Mfg.g;_y£y_ tA‘t'ijjfg‘ CASE NAME: CITIBANK, N.A. v. KATHY A KALTENBAUGH CAZE COVERLSHEEE Complex Case Designation CAWSB CSIIIL n imite (Amount demanded : imite (Amount demanded is D Counter Filed with first E . Jomder appearance by defendant JUDGE: 2 2 0 3 9 [i g v 9 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: E Auto Tort Auto (22) D Contract m Breach of contract/warranty (06) Provisionally Complex Civil Litigation (Cal- l: RU'es 0f Court; l'U'es 3-400'3-403) Uninsured Motorist (46) Other PI/PD/WD (Personal lnjury/Property E E Rule 3.740 collections (09) Other co'leCtions (09) E E Anti‘rUSt/Trade reQU'afion (03) GonStmdion defed (10) Damage/wrongful Death) Tort Asbestos (o4) E Insurance coverage (18) Other contract (37) E M355 ton (40) securities litigation (28) H CI Medical malpractice (45) <24> Emmy Eminent domain/Inverse E . . prOVISIonaIIy . complex case E Other PI/PD/WD (23) Non-PllPD/WD (Other) Tort Business tort/unfair business practice (07) ’ E D condemnatign.(14) wrongfm Other real eV'Ct'on (33) pmpeny (26) E zliilsigfitfd Enforcement of Judgment Enforcement of judgment (20) CI E l:| Civil rights (08) Defamation (13) E Unlawful Detainer E Commercial (31) E Miscellaneous E RICO (27) Civi: Complaint [j E Fraud (16) Inte'leCtua' PFOPertY (19) E ReSidemial (32) DrUQS (38) E Other complaint (notspecified above) (42) Miscellaneous Civil Petition [:3 Professional negligence (25) Other non-PI/PD/WD tort (35) E Judicial D Review Asset fon‘eiture (05) E Partnership and corporate governance (21) Other petition (not specified above) (43) Employment |:| Wrongful termination (36) Other employment (15) E l: Petition re: arbitration Writ of mandate Other judicial review (39) (02) award (11) 2. This case |:] is m is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial a. b. E Large number of separately represented parties Extensive motion practice raising management: difficult or novel d. e. E E Large number of witnesses Coordination and related actions pending in one or more courts c. E issues that Substantial will amount be time-consuming of documentary evidence to resolve f. E in other counties, states, or countries, or Substantial postjudgment judicial supervision in a federal court Remedies sought (check al/ thatapp/y): a. m monetary b. E nonmonetary; declaratory or injunctive relief c.gpunitive P591993 Number This case If there are any of E m causes known of action is (speciM: is not related cases, 1 a class action file and serve a notice suit. of related case. (You may use form CM-015) Date: February 23, Kevin Brendon Buiza #318691 2022 (TYPE OR PRINT NAME) > /\—/' (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE t Plaintiff cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed must file this under the Probate Code, Famin Code, or Welfare and Institutions Code). (Cal. Rules of Coun, rule 3.220.) Failure lo file may result in sanctions. o File this cover sheet in addition to any cover sheet required by local court rule. o 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. o Unless this is a collections case under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes only. Page 1 of 2 Form Adop‘ed Mandatory Use Cal. Rules of Coun, rules 2.30, 3.220, 3.400—3403. 3.740; for Judicial Council of CaIifornia CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std‘ 3.10 CM-010 [Rev July 1, 2007] www.courtinfu.ca.gov 1483434001 O'-' 0 CM-O1 0 INSTRUCTIONS 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 Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money in 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 a prejudgment writ of (5) 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 complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated is 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 plaintiff's designation, a counter-designation that the case is not com plex, 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)—Persona! Injury/Property Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403) DamageNVrongful Death Breach of RentaI/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach—Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmentalfl'oxic Ton (30) instead ofAuto) Negligent Breach of Contract/ Insurance Coverage Claims Other Pl/PD/WD (Personal Injury/ Warranty (arising from provisionally complex Property DamageNVrongful 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) (O9) Enforcement of Judgment (20) Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County) Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (no! provisionally domestic relations) toxic/environmental) (24) complex) (1 8) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice— Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Tax Malpractice Other Contract Dispute Other Enforcement of Judgment Other PI/PDNVD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation(14) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (nor specified (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non- Negligent Infliction of Quiet Title harassment) Emotional Distress Other Real Propeny (not eminent Mechanics Lien Other PI/PD/WD domain, landlord/tenant, or Other Commercial Complaint Non-Pl/PDNVD (Other) Tort foreclosure) Case (non—tort/non-complex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (O7) Commercial (31) (non-tort/non-complex) Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate harassment)(08) drugs, check this item; othenm‘se, Governance (21) Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified (13) Judicial Review above) (43) Fraud (16) Asset Forfeiture (05) Harassment Civil Intellectual Property (19) Petition Re: Arbitration Award (1 1) Workplace Vioience Professional Negiigence (25) Writ of Mandate EIder/Dependent Adult (02) Legal Malpractice Writ—Administrative Mandamus Abuse Other Professional Malpractice Writ—Mandamus on Limited Court Election Contest (not medical or legal) Case Matter Petition for Name Change Other Non-Pl/PDNVD Tod (35) Writ—Other Limited Court Case from Late Petition for Relief Employment Review Claim Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition Other Employment (15) Review of Health Officer Order Notice of AppeaI—Labor Commissioner Appeals CM-o10 [Rev July 1, 2007] Page 2 CIVIL CASE COVER SHEET of 2 1 483434. 001