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- CM 010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
DONALD P. BRIGHAM, ESQ. SBN 68708 BRIGHAM LAW FIRM, 602 PROMONTORY DR. WEST, NEWPORT BEACH, CA 92660
(805) 245-1460 FAX NO.:
DBRIGHAM@BRIGHAMLAWFIRM.US
ATTORNEY FOR (Name): U.S. BANK, N.A.
TELEPHONE NO.>
EMAILADDRESS•
ELECTRONICALLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 MCALLISTER STREET MAILING ADDRESS: 400 MCALLISTER STREET CITY AND ZIP CODE: SAN FRANCISCO, CA 94102 BRANCH NAME: CIVIC CENTER Superior Court of California, County of San Francisco FILED 02/08/2024 Clerk of the Court BY: AUSTIN LAM Deputy Clerk CASE NAME:
U.S. BANK NATIONAL ASSOCIATION VS. EDINBURGH CASTLE, et al.
CIVIL CASE COVER
[KJ Unlimited D (Amount demanded exceeds $35,000) SHEET CASE NUMBER:
Complex Case Designation CGC-24-612213 Limited D Counler D Joinder (Amount Filed with first appearance by defendant JUDGE: demanded is (CaL Rules of Court, rule 3.402) DEPT.:
$35,000 or less) Items 1 6 below must be comnleted Isee instructions on naae 21.
1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) D Aulo(22) D Breach of contract/warranty (06} D Uninsured molorist (46) D AntitrustfTrade regulation (03) D Rule 3.740 collections (09) Other PI/PDIWD (Personal Injury/Property D Construction defect (1 0) D Other collections (09) Damage/Wrongful Death) Tort D Mass tort (40) D Insurance coverage (18) Asbestos (04) D D Securities litigation (28} D Other contract (37) Produclliabilily (24) D Real Property D Environmentalffoxic tort (30) Insurance coverage claims arising from the D Medical malpraclice (45) D above Eminent domain/Inverse D listed provisionally complex case Olher PI/PDIWD (23) condemnation (14) D types (41) Non-PI/PDIWD (Other) Tort D Wrongful eviction (33) Enforcement of Judgment Business tort/unfair business practice (07) [KJ Other real property (26) D D Enforcemenl of judgment (20) Unlawful Detainer D Civil rights (08) Miscellaneous Civil Complaint D Commercial (31) D Defamation (13) D RIC0(27) D Residential (32) Fraud (16) D D Other complaint (not specified above) (42) D Drugs(38) D lntelleclual property (19) Miscellaneous Civil Petition D D Professional negligence (25) Judicial Review Olher non-PI/PDIWD lort (35) D Asset forfeiture (05) D D Wril of mandate (02) Petition re: arbitration award (11} Employment D D Wrongful termination (36) Olher employment (15) D D Partnership and corporate governance (21) Other petition (not specified above) (43) Other judicial review (39) This case D is [KJ is not complex under rule 3.400 of the California Rules of Court If the case is complex, mark the factors requiring exceptional judicial management: d.
Large number of witnesses a. D Large number of separately represented parties e.
D Coordination with related actions pending in one or more b.
Extensive motion practice raising difficult or novel in other counties, states, or countries, or in a federal courts issues that will be time-consuming to resolve court c.
Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. [KJ monetary b. [KJ nonmonetary; declaratory or injunctive relief c. punitive
4. Number of causes of action (specify): ONE 2.
D D D D 5.
This case D is [KJ is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: February 1, 2024 DONALD P. BRIGHAM TYPF OR PRINT NAMF\ I• 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. I• 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 parties 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. Page 1 of2 !• 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
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INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
CM-010
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 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 Sheet to 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 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 complex, or, if the plaintiff has made no designation, a designation that the case is complex.
Auto Tort Auto (22)-Persona! Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PI/PDIWD (Personal Injury/ Property Damage/Wrongful Death} Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical MalpracticePhysicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily lnjury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non·PIIPDIWD (Other) Tort Business Tort/Unfair Business Practice {07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) {08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non·PI/PD/WD Tort {35) Employment Wrongful Termination (36} Other Employment (15) CM-010 {Rev_ January 1, 2024] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of ContracV Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction {33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Rea! Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential {32) Drugs (38) (if the case involves illegal drugs, check this item; othe!Wise, report as Commercial or Residential) Judicial Review Asset Forfeiture (OS) Petition Re: Arbitration Award (11) Writ of Mandate {02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403) Antitrustrrrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmentalffoxic Tort (30} Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non~domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non~ harassment) Mechanics Lien Other Commercial Complaint Case (non~tortlnon~compfex) Other Civil Complaint (non-tortlnon-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2
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