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ATTORNEY 0R PARTY WITHOUT ATrOHNEY
y
(Name, srare Bar number, and address):
\z
Fan counr USE ONLY
CM-o1 o
Hunt & Henriques, LLP Debt collection license application pending.
Donald #266038
Sherrill Nicholas Mortl #337745| |
7017 Realm Drive, San José, CA 951 19
TELEPHONE No: (800) 680-2426
F I E D
FAX N0; (408) 362-2299 SUPERSOR COUkT OF CALIFORNIA
ATTORNEY FOR (Name): Plaintiff
Cekwgégfiffifiafiggfig‘figtfio
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 West Third Street
MAILING ADDRESS: MAR 1 0 2022
CITY AND ZIP CODE: San Bernardino CA 92415-0210
BRANCH NAME: San Bernardino District-Civil Division
$5
CASE NAME: Capital One Bank (USA), N.A. V. NANCY M WILLIAMS 3y fl“, '_"
mmwéi Jomnoh. own y
. .
x
CIVIL CASE COVER SHEET Com Case Desi nation
'
Eumimited
(Amount
mLimited
(Amount
E c ounpter
lex
E id
0'" er
b 1‘ f SB 220532 .
h
a
demanded demanded is Filed with first appearance by defendant JUDGE:
exceeds $25,000) $25,000 or less) (Cal. Rules of Coun, 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
E
(Cal-RU'eS 0f Court, Wles 3-400-3-403)
Uninsured Motorist (46)
Other PI/PD/WD (Personal Injury/Property E
E
Rule 3.740 collections (09)
Other 0°“eC“°nS (09) E
D
Antitrust/Trade regulation (03)
C°”s"“°”°“ defec‘ (1°)
DamagelWrongful Death) Tort
Asbestos (04) D Insurance coverage (18)
Other contract (37) D M335 t0” (40)
Securities litigation (28)
D
PrOdUCt “ability (24)
Medical malpradice (45)
Refilepeny
Eminentdomain/Inverse E E:\l/Jlgflrelecgtvaelgg:lglggswagling
- - -
pr°v's'°"a”y complex case
from the
E
Other PI/PD/WD (23)
Non-PI/PD/WD (Other) Tort E
D
condemnati9n_(14)
wrongfm ev'cnon
Otherrea' prOpeny (26)
(33)
$232222?th
Enforcement of Judgment
D
CI
Businesstort/unfair business practice (07)
Civil rights (08)
E
Unlawful Detainer
E
Enforcementofjudgment
Miscellaneous Civil Complaint
(20)
D
D
Defamation (13)
Fraud (16) E
E
Commercial
RGSideMial (32)
(31)
E Rico (27)
Other complaint (notspecified above) (42)
D
E
Intel'eCtua‘ PFOPefTY (19)
PTOfeSSiona' negligence (25)
Other non-F’I/PDNVD E
Judicial
Dmgs
Review
(38)
E
Miscellaneous
E
Civil Petition
Partnership and corporate governance (21)
E
Employment
tori (35)
E
D
Asset forfeiture (05)
Petition re: arbitration award (1 1)
Other petition (notspecified above) (43)
2. This case
Wrongful termination (36)
Other employment (15)
E m is is not complex under
E Writ of
Other
rule
mandate
judicial
(O2)
review (39)
3.400 of the California Rules of Court. If the case is complex, mark the
a.
b.
E
factors requiring exceptional judicial
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 be time-consuming
amount ofdocumentary evidence
to resolve
E in other counties, states, or countries, or
Substantial postjudgmentjudicial supervision
in a federal coun
m E
f.
3. Remedies sought (check all thatapply): a. monetary b. nonmonetary; declaratory or injunctive relief c.gpunitive
Number
4.
5. This case
of
there are any
E
causes of action (specify):
is
known
is not
1
a class action suit.
and serve a notice
6. If related cases, file of related case. (You may use form CM-015)
Date: March 1, 2022 /
Nicholas Mortl #337745 ’
(TYPE on PRINT NAME) (SIGNATuné 0F PARTY on ArronNEY FOR PARTY)
NOTICE
o 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.
o File this cover sheet any cover sheet required by local court rule.
in addition to
o If this case is complex under
3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
rule
other parties to the action or proceeding.
c 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
F°swdrz?:.pazza°ca.“s:a:::2m:se cnanCAsecovensHEET ‘ I .
Ru'szsfgsnuarwsoaasgcgssgm?n?g?;?o:?2.:341%
,
.
,
. .
,
.
;
CM-01O [Rev July 1, 2007] www.courflnfo.ca,gov
1483859001
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. If you are filin a first paper (for
g 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 will be used to compile
statistics about the types and numbers of cases filed. You must complete items
1 through 6 ont he sheet. ln 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 belo ng 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 rst paper filed
in a civil case may subject a party,
:'i
its counsel, or both to sanctions under rules 2.30 and 3.220 of the
California Rules of C
To Parties Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery
in
of money
owed in a sum
stated to be certain that is not more than $25,000, exclu sive 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, 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 wi|| 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
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 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/Propeny Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403)
DamageNVrongful Death Breach of Rental/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 Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PIIPDNVD (Personal lnjury/ Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41)
Tort Collections (e.g., money owed, open Enforcement of Judgment
Asbestos (O4) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal lnjury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not 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 Pl/PD/WD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/lnverse Miscellaneous Civil Complaint
and fall)
Condemnation(14) RICO (27)
Intentional Bodily Injury/PDNVD Wrongful Eviction (33) Other Complaint (not 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 Property (not eminent Mechanics Lien
Other PI/PD/WD domain, Iandlord/tenant, or Other Commercial Complaint
Non-Pl/PD/WD (Other) Tort foreclosure) Case (non-torynon-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) 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; othem/ise, Governance (21)
Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified
(1 3) Judicial Review above) (43)
Fraud (16) Asset Forfeiture (05) Harassment
Civil
Intellectual Property (19) Petition Re: Arbitration Award (1 1) Workplace Violence
Professional Negligence (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-PI/PD/WD Ton (35) Writ—Other Limited Court Case Petition for Relief from Late
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
1483859001
Preview
ATTORNEY 0R PARTY WITHOUT ATrOHNEY y (Name, srare Bar number, and address): \z Fan counr USE ONLY CM-o1 o Hunt & Henriques, LLP Debt collection license application pending. Donald #266038 Sherrill Nicholas Mortl #337745| | 7017 Realm Drive, San José, CA 951 19 TELEPHONE No: (800) 680-2426 F I E D FAX N0; (408) 362-2299 SUPERSOR COUkT OF CALIFORNIA ATTORNEY FOR (Name): Plaintiff Cekwgégfiffifiafiggfig‘figtfio SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 West Third Street MAILING ADDRESS: MAR 1 0 2022 CITY AND ZIP CODE: San Bernardino CA 92415-0210 BRANCH NAME: San Bernardino District-Civil Division $5 CASE NAME: Capital One Bank (USA), N.A. V. NANCY M WILLIAMS 3y fl“, '_" mmwéi Jomnoh. own y . . x CIVIL CASE COVER SHEET Com Case Desi nation ' Eumimited (Amount mLimited (Amount E c ounpter lex E id 0'" er b 1‘ f SB 220532 . h a demanded demanded is Filed with first appearance by defendant JUDGE: exceeds $25,000) $25,000 or less) (Cal. Rules of Coun, 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 E (Cal-RU'eS 0f Court, Wles 3-400-3-403) Uninsured Motorist (46) Other PI/PD/WD (Personal Injury/Property E E Rule 3.740 collections (09) Other 0°“eC“°nS (09) E D Antitrust/Trade regulation (03) C°”s"“°”°“ defec‘ (1°) DamagelWrongful Death) Tort Asbestos (04) D Insurance coverage (18) Other contract (37) D M335 t0” (40) Securities litigation (28) D PrOdUCt “ability (24) Medical malpradice (45) Refilepeny Eminentdomain/Inverse E E:\l/Jlgflrelecgtvaelgg:lglggswagling - - - pr°v's'°"a”y complex case from the E Other PI/PD/WD (23) Non-PI/PD/WD (Other) Tort E D condemnati9n_(14) wrongfm ev'cnon Otherrea' prOpeny (26) (33) $232222?th Enforcement of Judgment D CI Businesstort/unfair business practice (07) Civil rights (08) E Unlawful Detainer E Enforcementofjudgment Miscellaneous Civil Complaint (20) D D Defamation (13) Fraud (16) E E Commercial RGSideMial (32) (31) E Rico (27) Other complaint (notspecified above) (42) D E Intel'eCtua‘ PFOPefTY (19) PTOfeSSiona' negligence (25) Other non-F’I/PDNVD E Judicial Dmgs Review (38) E Miscellaneous E Civil Petition Partnership and corporate governance (21) E Employment tori (35) E D Asset forfeiture (05) Petition re: arbitration award (1 1) Other petition (notspecified above) (43) 2. This case Wrongful termination (36) Other employment (15) E m is is not complex under E Writ of Other rule mandate judicial (O2) review (39) 3.400 of the California Rules of Court. If the case is complex, mark the a. b. E factors requiring exceptional judicial 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 be time-consuming amount ofdocumentary evidence to resolve E in other counties, states, or countries, or Substantial postjudgmentjudicial supervision in a federal coun m E f. 3. Remedies sought (check all thatapply): a. monetary b. nonmonetary; declaratory or injunctive relief c.gpunitive Number 4. 5. This case of there are any E causes of action (specify): is known is not 1 a class action suit. and serve a notice 6. If related cases, file of related case. (You may use form CM-015) Date: March 1, 2022 / Nicholas Mortl #337745 ’ (TYPE on PRINT NAME) (SIGNATuné 0F PARTY on ArronNEY FOR PARTY) NOTICE o 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. o File this cover sheet any cover sheet required by local court rule. in addition to o If this case is complex under 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all rule other parties to the action or proceeding. c 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 F°swdrz?:.pazza°ca.“s:a:::2m:se cnanCAsecovensHEET ‘ I . Ru'szsfgsnuarwsoaasgcgssgm?n?g?;?o:?2.:341% , . , . . , . ; CM-01O [Rev July 1, 2007] www.courflnfo.ca,gov 1483859001 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filin a first paper (for g 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 will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 ont he sheet. ln 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 belo ng 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 rst paper filed in a civil case may subject a party, :'i its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of C To Parties Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery in of money owed in a sum stated to be certain that is not more than $25,000, exclu sive 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, 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 wi|| 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 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 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/Propeny Breach of Contract/Warranty (06) Rules of Court Rule 3.400-3.403) DamageNVrongful Death Breach of Rental/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 Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other PIIPDNVD (Personal lnjury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (O4) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal lnjury/ Other Promissory Note/Collections County) Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not 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 Pl/PD/WD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/lnverse Miscellaneous Civil Complaint and fall) Condemnation(14) RICO (27) Intentional Bodily Injury/PDNVD Wrongful Eviction (33) Other Complaint (not 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 Property (not eminent Mechanics Lien Other PI/PD/WD domain, Iandlord/tenant, or Other Commercial Complaint Non-Pl/PD/WD (Other) Tort foreclosure) Case (non-torynon-complex) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) 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; othem/ise, Governance (21) Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified (1 3) Judicial Review above) (43) Fraud (16) Asset Forfeiture (05) Harassment Civil Intellectual Property (19) Petition Re: Arbitration Award (1 1) Workplace Violence Professional Negligence (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-PI/PD/WD Ton (35) Writ—Other Limited Court Case Petition for Relief from Late 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 1483859001