Johnson Controls Security Solutions v. Tesla, Inc. Document 1: Civil Case Cover Sheet

Superior Court of California, County of Santa Clara
Case No. 19CV359800
Filed December 6, 2019

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Page 1 ATTORNEY OR PARry WTHOUT ATTORNEY /Name. State Bar number. and address):
-Joseph G. McGuinness, SBN
| Jeffrey S. Flashman,
FOR COURT USE ONLY
SBN
McGuinness & Associates
3858 W Carson Street, Suite Torrance, CA TELEeHoNEruo.:
792-
(310)
ArroRNEy FoR (Na'"), P lai ntiff , J oh
SUPERIOR COURT OF CALIFORNIA, COUNTY
STREETADDRESS'
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 12/6/2019 5:40 PM
Reviewed By: J. Duong
Case #19CVEnvelope:
FAXNo:
nson controls secu rity sol ution s
OF SANTA CIArA
191 N FirstStreet
MAILING ADDRESS:
clryANDztPcoDE:
BRANCH NAME.
san Jose, DTS
CASE NAME:
Johnson Controls Security Solutions v Telsa, lnc., et al.
CIVIL CASE COVER SHEET
Complex Case Designation
Unlimited
1.
Limited
19CV
[--l counter l--l
Joinder
(Amount
(Amount
JUDGE:
demanded
demanded is
Filed with first appearance by defendant
DEPT:
exceeds $25,000) $25,000 or less)
(Cal. Rules of Court, rule 3.402)
Items 1-6 below must be
instructions on
Check one box below for the case type that best describes this case:
Contract
Auto
Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400-3.403)
Breach of contracVwarranty (06)
Auto (22)
Tort
Uninsured motorist (46)
Other Pl/PD/WD (Personal lnjury/Propefi
Tort
Rule 3.740 collections (09)
Antitrust/Trade regulation (03)
Other collections (09)
Construction defect (10)
lnsurance coverage
(
Product liability (24)
n
Real Pro perty
Eminent domain/lnverse
condemnation (14)
Medical malpractice (45)
Other PI/PDMD (23)
Wrongful eviction (33)
Other real property (26)
(Other) Tort
Business tort/unfair business practice (07)
Civil rights (08)
Defamation (13)
Fraud (16)
l-l
Professional negligence (25)
Judicial Review
[--l
nrco
lzzy
Miscellaneous Civil Petition
Rsset forfeiture (05)
Partnership and corporate governance (21)
Petition re: arbitration award ('l 1)
Other petition (not specified above) (43)
Writ of mandate (02)
Other judicial review (39)
5)
(
Enfor""ment of judgment (20)
Miscellaneous Civil Complaint
Residentiat (32)
Other non-Pl/PDAruD tort (35)
Other
Enforcement of Judgment
E
[-l
l-_l oruss (38)
Wrongful termination (36)
lnsurance coverage claims arising from the
above listed provisionally complex case
types (41)
Unlawful Detainer
corr"rcial(31)
Securities litigation (28)
Environmental/Toxic tort (30)
I--l
lntellectual property (19)
Emp loyment
E
Mass tort (40)
8)
Other contract (37)
2.
CASE NUMBER:
not
IJ is
This case
rs
complex under rule 3.400 of the California Rules of Court. lf the case is complex, mark the
factors requiring exceptional judicial management:
a.
b.
c.
parties
Large number of separately represented
d.
Extensive motion practice raising difficult or novel e.
issues that will be time-consuming to resolve
Substantial amount of documentary
1.
evidence
Large number of witnesses
Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
Substantial postjudgment judicial supervision
n
Remedies sought (check alt that appty): a.lJl monetary b.
nonmonetary; declaratory or injunctive
Number of causes of action (specitg: 5. This case
i"
is
a class action suit.
6. lf there are any known related cases, file and serve a notice of related e.ase. (You may use fonn CM-015.)
3.
relief c. n
punitive
4.
l--l
not
D31s; Dec€mber6,
Jeffrey S. Flashman
OR PRINT
r
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 lnstitutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
File this cover sheet in addition to any cover sheet required by local court rule.
o lf 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.
r Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes
.
Fom Adopted for Mandatory Use
Judicial Council of Califomia
CM-010 [Rev. July 1,2007]
CIVIL CASE COVER SHEET
Cal. Rules of Court, rules 2.30, 3.22A,3.400-3.403, 3.740;
Cal. Standards of Judicial Administration, std. 3.
w.coudinfo.ca.gov
Page 2 cM-
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. lf 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. ln item 1 , you must check
one box for the case type that best describes the case. lf the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. lf 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 Gases. 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 c€tse 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 Gomplex Cases. ln complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. lf 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. lf 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
plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is
Auto
complex'
Tort
lnjury/Property
Death
Uninsured Motorist (46) (if the
case involves an ininsured
motorist claim subject to
arbitration, checkihis 'rtem
instead of Auto)
Other pl/pD/WD (personal lnjury/
property Damagi/Wrongtut Dedth;
Tori
Asbestos (04)
Asbesios property Damage
Asbestos Perbonil lnlury/Wrongful Death
product Liabilitiy (not asbestos or
toxic/enviroimental) (24)
Medical Malpractice (45) '
Medical'MalpraciicePhysicians & Surgeons
other Piofessional Heilth care
Malpractice
Other PI/PDMD (23)
premises t-iaiitiiy (e.g., slip
'
and fall)
lntentional Eiodily lnjury/PDMD
1e.g., assautt, variaatism;
rnteniioi'ar rnfriction or
Emotional Distress
Negligent
lnfliction of
Emotional Distress
other PI/PD/WD
Non-Pl/PDMD (Other) Tort
Business Torvunfair Business
Practice (07)
Civil Rights (e.9., discrimination,
false arrest) (not civil
,harassment) (08) ,-- ,
Defamation (e.9., slander,
libel)
"_,,
(13)
Fraud (16)
lntellectual Property (19)
Professional Negligence (25)
Legal Malpractice
other Professional Malpractice
Auto (22)-Personal
DamageMrongful
(not medicaror
tesit)
(35)
Other Non-P|/PDA/UD Tort
Employment
(36)
(15)
Wrongful Termination
Other Employment
CM-0'10 [Rev. July 1,2oo7]
cAsE wpEs AND EXAMpLES
Contract
Provisionally Complex Civil Litigation (Cal.
(06)
Rules of Court Rules 3.400-3.403)
Antitrustffrade Regulation (03)
Rental/Lease
Construction Defect (10)
detainer
Claims lnvolving Mass Tort (40)
eviction)
Breach-Seller
Securities Litigation (28)
Environmentalffoxic Tort (30)
negligence)
lnsurance Coverage Claims
ContracU
(arising from provisionally complex
,OtherWarranty
Breach of ContracWVarranty _
case type listed above) (41)
Enforcement of Judgment
Collections (e.9., money owed, open
Enforcement of Judgment (20)
book accounts) (09)
Abstract-oJ.Judgment (Out of
Collection Case-Seller Plaintiff
Uounty)
Other Promissory Note/Collections
Confession of Judgment (nonCase
lnsurance Coverage (not provisionally
domestic relations)
complex) (18)
Sister State Judgment
Auto Subrogation
Administrative Agency Award
(not unpaid taxes)
Other Coverage
PetitioniCertification of E1try of
Other Contract (37)
Judgment on unpaid raxes
contractual Fraud
Other^Edorcement of Judgment
Other Contract Dispute
-ooo
Real Property
.,
Miscellaneous Givil Complaint
Eminent bomain/lnverse
RICO (27)
Condemnation (14)
Other.Complaint (not specified
Wrongful Eviction (33)
above) (42)
Other Reat property (e.g., quiet tile) (26)
Breach of ContracWVarranty
Breach of
Contract (not unlav,iul
or wrongful
ContracVWarranty
Plaintiff (not fraud or
Negligent Breach of
writ of possesiion of iear
property'
Mortgage Foreclosure
euiet
Titleproperty
arassment)
(noteminent
or
Other Reat
domain, Iandtord/tenant,
foreclosure)
unlawful Detainer
ommercial (31)
Residential (32)
( n o n-to rUno n-c om
itlegat
otherwise,
Residentiat)
Matter
Writ-Other Limited Court
Review
case (non-torunon-complex)
Misceilaneous civir petition
Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (1 1)
Writ.of Mandate.(02).
Writ-Administrative Mandamus
writ-Mandamus on Limited
vvu^
-r r rew court
case
X-?*TIT:'::,^,
other Commercial Complaint
^
other civil complaint
Drugs (38) (if the case involves
drugs, check this item;
repoft as Commerciai or
Judicial
Rir",iilir,Sfi5fllg,?il||,rr_
Case
pl e x )
partnership and Corporate
Governance (21)
Other petition @;t s'pecitied
above) (43)
civil Harassment
workptace viotence
ElderiDependent Adult
Abuse
Election contest
F:lili:l
[i
H:iff
f.:ilt:,"
Claim
other civil petition
Other Judicial Review (39)
Review of Health Offi6er Order
Notice of Appeal-Labor
Comm
Appeals
CIVIL CASE COVER SHEET
Page 2 of
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