Page 1 CM-~ATT0RNEY 0R PARTY WITHOUT ATTORNEY (Name,
State Bar number,
FOR COURT use ONLY
and address):
RON CHOW, Esq
GARDENER, RIECHMANN & CHOW
438 E. KATELLA AVE., SUITE ORANGE CA 92 8 BAR NO. FAXNO‘:
TELEPHONENO;
(714)
(714) 972‘Pl ainti ff
ATTORNEY FOR (Name):
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA
FIRST ST
STREET ADDRESS: l 9 l NO
MNUNG ADDRESS: s ame
CITYANDZW CODE: SAN JOSE, CA
Electronically filed
by Superior Court of CA,
County of Santa Clara,
on 7/3/2019 7:00 AM
Reviewed By:S. Uy
Case #19CVEnv #
.
,
.
.
-
DOWNTOWN SUPERIOR COURTHOUSE
CURRENT vs SOLARCITY
BRANCH NAME:
CASE NAME:
CIVIL
[:
[:
Unlimited
Limited
gggg‘r‘ged
gAeTnoa‘rjxgted
$25,000 or
Filed
is
Check one box beiow
for the
less)
case
on page
2).
Complex
Civil Litigation
Provisionally
[:
:
(08L RU'eS 0f Court. rUleS 3-400-3-403)
Rule 3.740 conecfions (09)
[:
Other conecfions (09)
Insurance coverage (18)
E] Construction defect
[j Mass 10”
Other contract (37)
[:
Auto
(22)
a
E
[j
(46)
Asbestos (O4)
Product
liability
[:[:
[:
D
Other pl/pD/WD (23)
Business
(Other) Tort
business practice (07)
tort/unfair
Enforcement of Judgment
E: Commercia;
Misceuaneous
E
E
[:j
<16)
(31)
C] Other complaint
Petition re: arbitration
[:1 Writ of mandate
Other employment (15)
E:
[:
is
is
not
[:[:
complex under
management:
rule
d.
e.
be time—consuming
to resolve
E
Substantial amountof documentary evidence
monetary
Remedies sought (check all thatapp/y): a.
Number
of
causes of action
[:
This case
is
not
petition (not
(02)
_
f.
b,
E
[:
there are any
known
a class action
related cases, file
complex, mark the
Coordination with related actions pending
in
other counties. states, or countries, or
in
one or more courts
in a
federa! court
Substantial postjudgmentjudicial supervision
nonmonetary; declaratory or injunctive
relief
c.
[:j
punitive
suit.
and serve a notice
of related case.
(You
may
use form
CM
a
’
Date: July 2, RON CHOW, Esq
’
.
(TYPE
is
Large numberof witnesses
[:[:
5::an
If
(21)
(43)
FOUR
(specify):
is
[j Partnership and corporate governance
specified above)
E3 Other
(1 1)
3.400 ofthe California Rules of Court. lfthe case
Extensive motion practice raising difficult 0r novel
will
award
(not specified above) (42)
Civil Petition
Otherjudicial review (39)
Large numberof separately represented parties
issues that
(27)
Miscellaneous
Review
(20)
Complaint
[:3 Rico
Wrongful termination (36)
factors requiring exceptional judicial
Civil
Drugs (38)
[:3 Asset forfeiture (05)
tort (35)
Enforcement ofjudgment
Residential (32)
Judicial
Professional negligence (25)
This case
c.
(26)
Defamation (13)
E3 Other non~Pl/PD/WD
b.
types (41)
(33)
pmpeny
Other real
tort (30)
Insurance coverage claims arising from the
above listed provisionally complex case
E
Employment
a.
(14)
Environmentawoxic
Unlawful Detainer
Intellectual property (19)
E
[j
[:
COHdemnaflon
(10)
Securities litigation (28)
Civil rights (08)
E] Fraud
E]
[:
[j
[j
Eminent domain/Inverse
WrOnngl GViCfiOfi
Antitrust/Trade regulation (03)
(40)
Real Property
(24)
Medical malpractice (45)
Non.p”pD/WD
.
DEpTA
instructions
Breach of contractlwarranty (06)
[:
.
must be completed (see
Contract
D
D
E
E
.
JUDGE?
type that best describes this case:
gther PIIPD/WD (Personal Injury/Property
amage/Wrongful Death) Tort
w
19CV
Auto Tort
E] Uninsured motorist
2.
CASE NUMBER:
Counter
[:3 Joinder
with first appearance by defendant
(CaL Rules of Court, rufe 3.402)
Items 1-6 below
1.
CIVIL DIVIS ION
complex C359 Deggnafion
CASE COVER SHEET
exceeds $25,000)
972—
OR PRINT NAME)
NOTICE
(SIGNAWF “TY OR ATTORNEY FOR PARTY)
w
must file this cover sheet with the first paper flied in the action or proceeding (except smaH 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
. Plaintiff
in
sanctions.
addition to any cover sheet required by local court rule.
rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy of this cover sheet on aH
other parties to the action or proceeding.
0 Unless this is a coliections case under rule 3.740 or a complex case, this cover sheet will be used for statistica! purposes only.
o Fiie this
o lfthis
cover sheet
case
is
in
complex under
Page
Form Adopted
for
Mandatory Use
Judicial Council of California
CM~O1D
(RevV July
1,
2007]
CIVIL
CASE COVER SHEET
Cai.
801:“?(113‘
fills
of
Rules of Court, rules 2.30, 3220, 31100—31103, 3 740‘
CaL Standards of Judicial Administration, std 3‘10Page 2 INSTRUCTIONS 0N
CM'MO
How To COMPLETE THE COVER SHEET
a civil case, you must
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint)
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information wiH be used to compile
in
about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
case type that best describes the case. Ifthe 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 ofthe 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 ru!es 2.30 and 3.220 of the Cafifornia Rules of Court.
To Parties in Ruie 3.740 CoHections 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 prejudgmentwrit of attachment.
The identification of a case as a rule 3.740 coliections 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 ru‘e 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 aiso 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 Caiifornia Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. lf a plaintiff designates a case as compiex, the cover sheet must be served with the
complaint 0n 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, ifthe plaintiff has made n0 designation, a designation that
”‘9 case is comp'ex‘
CASE TYPES AND EXAMPLES
statistics
one box
for the
Auto Tort
Auto (22)~—Personal lnjury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (ifthe
case involves an uninsured
motorist claim subject to
arbitration,
check
this
item
ofAqu)
Other PI/PD/WD (Persona! lnjury/
Property Damage/Wrongfui Death)
instead
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Persona! lnjury/
Wrongful Death
Product Liabiiity (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
(e.g.. slip
lnjury/PD/WD
assault, vandalism)
Intentional Bodiiy
(e.g.,
intentional Infliction of
Infliction of
Emotional Distress
Other Pl/PDNVD
Non—Pl/PDIWD (Other) Tort
Practice (07)
Rights
Collection
CaseWSeHer
Plaintiff
Other Promissory Note/Collections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
(e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander,
Condemnation
(13)
Review
Award
(11)
(02)
Mandamus
Professiona! Negligence (25)
Legal Malpractice
Limited Court
Other Professional Malpractice
(not medical or legal)
Other Non-PI/PD/WD Tort (35)
Writ—Other Limited Court Case
July
1,
2007]
Review
Other Judicial Review (39)
Review of Health Officer Order
oprpeaI—Labor
Commissioner Appeals
Notice
CIVIL
(arising from provisionally
case type
complex
listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (nondomestic relations)
Sister State
Judgment
Administrative Agency
Award
(not unpaid taxes)
Petition/Certification of Entry of
Miscellaneous
RICO
Civil
Complaint
(27)
Other Complaint (not specified
above) (42)
lnjunctive Relief Only (non-
harassment)
(non-lori/non-complex)
Civil
Complaint
(non—tort/non—complex)
Miscellaneous
Civil Petition
Partnership and Corporate
Governance
Asset Forfeiture (05)
Writ—Mandamus on
Case Matter
CM-mo {Rem
Environmental/Toxic Ton (30)
Insurance Coverage Claims
Case
Writ—Administrative
Wrongful Termination (36)
Other Employment (15)
Securities Litigation (28)
Other
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or Residential)
Intellectual Property (19)
Employment
(10)
Claims Involving Mass Tort (40)
Mechanics Lien
Other Commercial Complaint
Residential (32)
Mandate
Construction Defect
Declaratory Relief Only
foreclosure)
Writ of
Civil Litigation (Cal.
Case
Other Real Property (not eminent
domain, Iandlord/(enant, or
Petition Re: Arbitration
Fraud (16)
Complex
Antitrust/Trade Regulation (03)
(14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Judicial
libel)
Provisionally
Rules of Court Rules 3.400—3.403)
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Unlawful Detainer
Commercial (31)
Business Tort/Um‘air Business
Civil
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Quiet Title
Emotional Distress
Negligent
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach—«Seller
Plaintiff {not fraud or negligence)
Negligent Breach of Contract]
Real Property
Eminent Domain/lnverse
Malpractice
Other PI/PDNVD (23)
Premises Liability
and fall)
Contract
Breach of Contract/Warranty (06)
Breach of Rental/Lease
CASE COVER SHEET
(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 Petfition
Page 2 of
PDF Page 1
PlainSite Cover Page
PDF Page 2
CM-010
~ATT0RNEY 0R PARTY WITHOUT ATTORNEY (Name,
State Bar number,
FOR COURT use ONLY
and address):
RON CHOW, Esq
GARDENER, RIECHMANN & CHOW
438 E. KATELLA AVE., SUITE 202
ORANGE CA 92 8 67
BAR NO. 241946
FAXNO‘:
TELEPHONENO;
(714)
(714) 972‘8989
Pl ainti ff
ATTORNEY FOR (Name):
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA
FIRST ST
STREET ADDRESS: l 9 l NO
MNUNG ADDRESS: s ame
95113
CITYANDZW CODE: SAN JOSE, CA
Electronically filed
by Superior Court of CA,
County of Santa Clara,
on 7/3/2019 7:00 AM
Reviewed By:S. Uy
Case #19CV350566
Env #3084901
.
,
.
.
-
DOWNTOWN SUPERIOR COURTHOUSE
CURRENT vs SOLARCITY
BRANCH NAME:
CASE NAME:
CIVIL
[:3
[:1
Unlimited
Limited
gggg‘r‘ged
gAeTnoa‘rjxgted
$25,000 or
Filed
is
Check one box beiow
for the
less)
case
on page
2).
Complex
Civil Litigation
Provisionally
[:3
:3
(08L RU'eS 0f Court. rUleS 3-400-3-403)
Rule 3.740 conecfions (09)
[:3
Other conecfions (09)
Insurance coverage (18)
E] Construction defect
[j Mass 10”
Other contract (37)
[:1
Auto
(22)
a
E
[j
(46)
Asbestos (O4)
Product
liability
[:3
[:3
[:3
D
Other pl/pD/WD (23)
Business
(Other) Tort
business practice (07)
tort/unfair
Enforcement of Judgment
E: Commercia;
Misceuaneous
E
E
[:j
<16)
(31)
C] Other complaint
Petition re: arbitration
[:1 Writ of mandate
Other employment (15)
E:
[:3
is
is
not
[:3
[:3
complex under
management:
rule
d.
e.
be time—consuming
to resolve
E3
Substantial amountof documentary evidence
monetary
Remedies sought (check all thatapp/y): a.
Number
of
causes of action
[:3
This case
is
not
petition (not
(02)
_
f.
b,
E
[:3
there are any
known
a class action
related cases, file
complex, mark the
Coordination with related actions pending
in
other counties. states, or countries, or
in
one or more courts
in a
federa! court
Substantial postjudgmentjudicial supervision
nonmonetary; declaratory or injunctive
relief
c.
[:j
punitive
suit.
and serve a notice
of related case.
(You
may
use form
CM
a
’
Date: July 2, 2019
RON CHOW, Esq
’
.
(TYPE
is
Large numberof witnesses
[:3
[:1
5::an
If
(21)
(43)
FOUR
(specify):
is
[j Partnership and corporate governance
specified above)
E3 Other
(1 1)
3.400 ofthe California Rules of Court. lfthe case
Extensive motion practice raising difficult 0r novel
will
award
(not specified above) (42)
Civil Petition
Otherjudicial review (39)
Large numberof separately represented parties
issues that
(27)
Miscellaneous
Review
(20)
Complaint
[:3 Rico
Wrongful termination (36)
factors requiring exceptional judicial
Civil
Drugs (38)
[:3 Asset forfeiture (05)
tort (35)
Enforcement ofjudgment
Residential (32)
Judicial
Professional negligence (25)
This case
c.
(26)
Defamation (13)
E3 Other non~Pl/PD/WD
b.
types (41)
(33)
pmpeny
Other real
tort (30)
Insurance coverage claims arising from the
above listed provisionally complex case
E3
Employment
a.
(14)
Environmentawoxic
Unlawful Detainer
Intellectual property (19)
E
[j
[:3
COHdemnaflon
(10)
Securities litigation (28)
Civil rights (08)
E] Fraud
E]
[:3
[j
[j
Eminent domain/Inverse
WrOnngl GViCfiOfi
Antitrust/Trade regulation (03)
(40)
Real Property
(24)
Medical malpractice (45)
Non.p”pD/WD
.
DEpTA
instructions
Breach of contractlwarranty (06)
[:3
.
must be completed (see
Contract
D
D
E
E
.
JUDGE?
type that best describes this case:
gther PIIPD/WD (Personal Injury/Property
amage/Wrongful Death) Tort
w
19CV350566
Auto Tort
E] Uninsured motorist
2.
CASE NUMBER:
Counter
[:3 Joinder
with first appearance by defendant
(CaL Rules of Court, rufe 3.402)
Items 1-6 below
1.
CIVIL DIVIS ION
complex C359 Deggnafion
CASE COVER SHEET
exceeds $25,000)
972—3928
OR PRINT NAME)
NOTICE
(SIGNAWF “TY OR ATTORNEY FOR PARTY)
w
must file this cover sheet with the first paper flied in the action or proceeding (except smaH 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
. Plaintiff
in
sanctions.
addition to any cover sheet required by local court rule.
rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy of this cover sheet on aH
other parties to the action or proceeding.
0 Unless this is a coliections case under rule 3.740 or a complex case, this cover sheet will be used for statistica! purposes only.
o Fiie this
o lfthis
cover sheet
case
is
in
complex under
Page
Form Adopted
for
Mandatory Use
Judicial Council of California
CM~O1D
(RevV July
1,
2007]
CIVIL
CASE COVER SHEET
Cai.
801:“?(113‘
fills
1
of2
Rules of Court, rules 2.30, 3220, 31100—31103, 3 740‘
CaL Standards of Judicial Administration, std 3‘10
PDF Page 3
INSTRUCTIONS 0N
CM'MO
How To COMPLETE THE COVER SHEET
a civil case, you must
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint)
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information wiH be used to compile
in
about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
case type that best describes the case. Ifthe 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 ofthe 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 ru!es 2.30 and 3.220 of the Cafifornia Rules of Court.
To Parties in Ruie 3.740 CoHections 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 prejudgmentwrit of attachment.
The identification of a case as a rule 3.740 coliections 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 ru‘e 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 aiso 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 Caiifornia Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. lf a plaintiff designates a case as compiex, the cover sheet must be served with the
complaint 0n 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, ifthe plaintiff has made n0 designation, a designation that
”‘9 case is comp'ex‘
CASE TYPES AND EXAMPLES
statistics
one box
for the
Auto Tort
Auto (22)~—Personal lnjury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (ifthe
case involves an uninsured
motorist claim subject to
arbitration,
check
this
item
ofAqu)
Other PI/PD/WD (Persona! lnjury/
Property Damage/Wrongfui Death)
instead
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Persona! lnjury/
Wrongful Death
Product Liabiiity (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
(e.g.. slip
lnjury/PD/WD
assault, vandalism)
Intentional Bodiiy
(e.g.,
intentional Infliction of
Infliction of
Emotional Distress
Other Pl/PDNVD
Non—Pl/PDIWD (Other) Tort
Practice (07)
Rights
Collection
CaseWSeHer
Plaintiff
Other Promissory Note/Collections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
(e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander,
Condemnation
(13)
Review
Award
(11)
(02)
Mandamus
Professiona! Negligence (25)
Legal Malpractice
Limited Court
Other Professional Malpractice
(not medical or legal)
Other Non-PI/PD/WD Tort (35)
Writ—Other Limited Court Case
July
1,
2007]
Review
Other Judicial Review (39)
Review of Health Officer Order
oprpeaI—Labor
Commissioner Appeals
Notice
CIVIL
(arising from provisionally
case type
complex
listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (nondomestic relations)
Sister State
Judgment
Administrative Agency
Award
(not unpaid taxes)
Petition/Certification of Entry of
Miscellaneous
RICO
Civil
Complaint
(27)
Other Complaint (not specified
above) (42)
lnjunctive Relief Only (non-
harassment)
(non-lori/non-complex)
Civil
Complaint
(non—tort/non—complex)
Miscellaneous
Civil Petition
Partnership and Corporate
Governance
Asset Forfeiture (05)
Writ—Mandamus on
Case Matter
CM-mo {Rem
Environmental/Toxic Ton (30)
Insurance Coverage Claims
Case
Writ—Administrative
Wrongful Termination (36)
Other Employment (15)
Securities Litigation (28)
Other
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or Residential)
Intellectual Property (19)
Employment
(10)
Claims Involving Mass Tort (40)
Mechanics Lien
Other Commercial Complaint
Residential (32)
Mandate
Construction Defect
Declaratory Relief Only
foreclosure)
Writ of
Civil Litigation (Cal.
Case
Other Real Property (not eminent
domain, Iandlord/(enant, or
Petition Re: Arbitration
Fraud (16)
Complex
Antitrust/Trade Regulation (03)
(14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Judicial
libel)
Provisionally
Rules of Court Rules 3.400—3.403)
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Unlawful Detainer
Commercial (31)
Business Tort/Um‘air Business
Civil
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Quiet Title
Emotional Distress
Negligent
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach—«Seller
Plaintiff {not fraud or negligence)
Negligent Breach of Contract]
Real Property
Eminent Domain/lnverse
Malpractice
Other PI/PDNVD (23)
Premises Liability
and fall)
Contract
Breach of Contract/Warranty (06)
Breach of Rental/Lease
CASE COVER SHEET
(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 Petfition
Page 2 of
2