Page 1 CM-ATTORN EY OR PARTY WITHOUT ATTORNEY Name, State Bar number, and address
—Danie1 L. Goodkm (SBN 13 1317); Allison J. Law (SBN $07891)
FOR COURT USE ONLY
:
GOODKIN LAW GROUP, APC
1800 Century Park East, 10th Floor
Los Angeles, CA TELEPHONE
ATTORNEY FOR
3 1Q-552-Plalntlff Fr1t San Jose
No.:
(Name);
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
3 10-943- 1 and Country Vlllage,
FAX
D'I'I'I
Town
y Superior Court of CA,
:ounty of Santa Clara,
n 7/6/2020 8:25 PM
.eviewed By: R. Tien
LLC
santa Clara
191 N. First Street
191 N. First Street
MAILING ADDRESS:
San
CITY AND ZIP CODE:
CA 951
Jose,
Downtown
BRANCH NAME:
I'I'nmo
Town and Country Village, LLC V. Tesla Motors, Inc.
CASE COVER SHEET
Complex Case Designation
E
Unlimited
(Amount
E
Limited
(Amount
demanded
demanded
is
exceeds $25,000)
$25,000 or
less)
E
Counter
ZOCV
_
Jomder
appearance by defendant
Filed with first
(Cal.
CASE NUMBER:
JUDGE:
DEPT:
Rules of Court, rule 3.402)
Items 1—6 below must be completed (see instructions on page
Check one box below for
1.
E
the case type that best describes this case:
Contract
Auto Tort
E
E
E
E
Auto (22)
Uninsured motorist (46)
Other PIIPDIWD (Personal InjurylProperty
DamageIWrongful Death) Tort
Asbestos (04)
Product
E
(24)
liability
Breach of contract/warranty (06)
Rule 3.740 collections (09)
Other collections (09)
Insurance coverage (18)
Other contract (37)
Real Property
Medical malpractice (45)
OtherPl/PDNVD
Eminent domain/lnverse
condemnation (14)
(23)
Non-PIIPDIWD (Other) Tort
Business
tort/unfair
business practice (07)
Other
E
Fraud (16)
Intellectual property (19)
Other non-Pl/PD/WD
Employment
E
E
Wrongful termination (36)
E E m
E
E
E
Other employment(15)
is
is
not
factors requiring exceptional judicial
d.
e.
be time—consuming
Substantial
amount
Number
of
causes
E
This case
If
there are any
all
of
is
that apply):
is
known
or novel
to resolve
documentary evidence
of action (specify):
not
a.-
complex case
listed provisionally
RICO
Civil
Complaint
(27)
award
(11)
(02)
D
Civil Petition
Partnership and corporate governance (21)
Other
petition (not
Specified above) (43)
f.
E
E
E
hm
monetary
If
the case
is
complex, mark the
Large number of witnesses
Coordination with related actions pending
in
other counties, states, or countries, or
in
in
one or more courts
a federal court
Substantial postjudgmentjudicial supervision
nonmonetary; declaratory or injunctive
relief
c.
E
punitive
a class action
related cases,
above
3.400 of the California Rules of Court.
Extensive motion practice raising
Remedies sought (check
6.
rule
Large number of separately represented parties
will
tort (30)
Insurance coverage claims arising from the
Other judicial review (39)
b.
c.
WP.“
mandate
a.
issues that
EnvironmentaI/Toxic
Miscellaneous
Petition re: arbitration
complex under
management:
difficult
tort (40)
Securities litigation (28)
Other complaint (not specified above) (42)
forfeiture (05)
Writ of
Mass
Miscellaneous
E
Review
Asset
Construction defect (10)
Enforcement ofjudgment (20)
Drugs (38)
tort (35)
Antitrust/Trade regulation (03)
Enforcement of Judgment
pmperty (26)
real
Residential (32)
Judicial
Professional negligence (25)
This case
E
E
E
E
E
types (41)
Commercial (31)
Defamation (13)
2.
Provisionally Complex Civil Litigation
Rules of Court, rules 3.400—3.403)
Wrongful eviction (33)
E
2).
(Cal.
Unlawful Detainer
Civil rights (08)
DDUDEDD
#20CV
:ase
nvelope:
CASE NAME:
Frit San Jose
CIVIL
lectronically Filed
No.:
file
suit.
and serve a notice
of related case.
Date: July 06, Allison J. Law
(You
may use
form CM-015.)
"flU/l
/[
’
(TYPE
(SIGNATURE @F PARTY OR AT'rORNEY FOR PARTY)
OR PRINT NAME)
NOTICE
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
o Plaintiff
in
sanctions.
° File this
any cover sheet required by local court 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.
If
this
cover sheet
case
is
in
addition to
complex under
rule
age1 ofForm Adopted
for
Mandatory Use
Judicial Council of California
CM-
[Rev. July
1,
2007]
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.www.courtinfo.ca.govPage 2 INSTRUCTIONS ON
CM-
HOW TO COMPLETE THE COVER SHEET
To
If you are filing a first paper (for example, a complaint) in a civil case, you
Plaintiffs and Others Filing First Papers.
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,
damages,
(3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ 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.
(2)
punitive
The
attachment.
identification of
Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
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.
To
Parties in
case
is
CASE TYPES AND EXAMPLES
Auto Tort
Auto (22)—Persona| Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
Contract
Breach of Contract/Warranty (06)
Breach of RentaI/Lease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach—Seller
motorist claim subject to
arbitration, check this item
instead ofAuto)
Other PIIPDIWD (Personal Injuryl
Property DamagelWrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other Pl/PDNVD (23)
Premises Liability
and fall)
(e.g., slip
Intentional Bodily
Injury/PDNVD
vandalism)
fraud or negligence)
Negligent Breach of Contract/
Plaintiff (not
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) (1 8)
Auto Subrogation
Other Coverage
(e.g., assault,
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other Pl/PDNVD
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not
civil
harassment) (08)
Defamation (e.g., slander,
(
Review
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
Writ of Mandate (02)
Writ—Administrative
Award
Writ—Mandamus on
Case Matter
(11)
Mandamus
Limited Court
Writ—Other Limited Court Case
Review
Wrongful Termination (36)
Other Employment (1 5)
(not unpaid taxes)
Civil
Complaint
(27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (nonharassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tort/non-complex)
Civil
Complaint
Miscellaneous
Asset Forfeiture (05)
Employment
Judgment
Agency Award
Sister State
Administrative
(non-tort/non-complex)
Fraud (16)
(not medical or legal)
Other Non-Pl/PDNVD Tort (35)
County)
Confession of Judgment (nondomestic relations)
Other
drugs, check this item; otherwise,
report as Commercial or Residential)
Petition Re: Arbitration
Abstract of Judgment (Out of
RICO
(14)
Residential (32)
Drugs (38) (if the case involves illegal
Judicial
3)
Enforcement of Judgment (20)
Case
Unlawful Detainer
Commercial (31)
libel)
Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Miscellaneous
foreclosure)
Business Tort/Unfair Business
Securities Litigation (28)
Environmental/Toxic Tort (30)
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landlord/tenant, or
Non-PIIPDIWD (Other) Tort
Claims Involving Mass Tort (40)
Petition/Certification of Entry of
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/lnverse
Condemnation
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400—3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Civil Petition
Partnership and Corporate
Governance
(21)
Other Petition (not specified
above) (43)
Civil Harassment
Workplace Violence
EIder/Dependent Adult
Abuse
Election Contest
Petition for
Name Change
Petition for Relief
From Late
Claim
Other Civil Petition
Other Judicial Review (39)
Review
of Health Officer Order
Notice of AppeaI—Labor
Commissioner Appeals
CM-
[Rev. July
1,
2007]
CIVIL
CASE COVER SHEET
Page 2 of
PDF Page 1
PlainSite Cover Page
PDF Page 2
CM-010
ATTORN EY OR PARTY WITHOUT ATTORNEY Name, State Bar number, and address
—Danie1 L. Goodkm (SBN 13 1317); Allison J. Law (SBN $07891)
FOR COURT USE ONLY
:
GOODKIN LAW GROUP, APC
1800 Century Park East, 10th Floor
Los Angeles, CA 90067
TELEPHONE
ATTORNEY FOR
3 1Q-552-3322
Plalntlff Fr1t San Jose
No.:
(Name);
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
3 10-943- 1 589
and Country Vlllage,
FAX
D'I'I'I
Town
y Superior Court of CA,
:ounty of Santa Clara,
n 7/6/2020 8:25 PM
.eviewed By: R. Tien
LLC
santa Clara
191 N. First Street
191 N. First Street
MAILING ADDRESS:
San
CITY AND ZIP CODE:
CA 951 13
Jose,
Downtown
BRANCH NAME:
I'I'nmo
Town and Country Village, LLC V. Tesla Motors, Inc.
CASE COVER SHEET
Complex Case Designation
E
Unlimited
(Amount
E
Limited
(Amount
demanded
demanded
is
exceeds $25,000)
$25,000 or
less)
E
Counter
ZOCV368064
_
Jomder
appearance by defendant
Filed with first
(Cal.
CASE NUMBER:
JUDGE:
DEPT:
Rules of Court, rule 3.402)
Items 1—6 below must be completed (see instructions on page
Check one box below for
1.
E
the case type that best describes this case:
Contract
Auto Tort
E
E
E
E
Auto (22)
Uninsured motorist (46)
Other PIIPDIWD (Personal InjurylProperty
DamageIWrongful Death) Tort
Asbestos (04)
Product
E
(24)
liability
Breach of contract/warranty (06)
Rule 3.740 collections (09)
Other collections (09)
Insurance coverage (18)
Other contract (37)
Real Property
Medical malpractice (45)
OtherPl/PDNVD
Eminent domain/lnverse
condemnation (14)
(23)
Non-PIIPDIWD (Other) Tort
Business
tort/unfair
business practice (07)
Other
E
Fraud (16)
Intellectual property (19)
Other non-Pl/PD/WD
Employment
E
E
Wrongful termination (36)
E E m
E
E
E
Other employment(15)
is
is
not
factors requiring exceptional judicial
d.
e.
be time—consuming
Substantial
amount
Number
of
causes
E
This case
If
there are any
all
of
is
that apply):
is
known
or novel
to resolve
documentary evidence
of action (specify):
not
a.-
complex case
listed provisionally
RICO
Civil
Complaint
(27)
award
(11)
(02)
D
Civil Petition
Partnership and corporate governance (21)
Other
petition (not
Specified above) (43)
f.
E
E
E
hm
monetary
If
the case
is
complex, mark the
Large number of witnesses
Coordination with related actions pending
in
other counties, states, or countries, or
in
in
one or more courts
a federal court
Substantial postjudgmentjudicial supervision
nonmonetary; declaratory or injunctive
relief
c.
E
punitive
1
a class action
related cases,
above
3.400 of the California Rules of Court.
Extensive motion practice raising
Remedies sought (check
6.
rule
Large number of separately represented parties
will
tort (30)
Insurance coverage claims arising from the
Other judicial review (39)
b.
c.
WP.“
mandate
a.
issues that
EnvironmentaI/Toxic
Miscellaneous
Petition re: arbitration
complex under
management:
difficult
tort (40)
Securities litigation (28)
Other complaint (not specified above) (42)
forfeiture (05)
Writ of
Mass
Miscellaneous
E
Review
Asset
Construction defect (10)
Enforcement ofjudgment (20)
Drugs (38)
tort (35)
Antitrust/Trade regulation (03)
Enforcement of Judgment
pmperty (26)
real
Residential (32)
Judicial
Professional negligence (25)
This case
E
E
E
E
E
types (41)
Commercial (31)
Defamation (13)
2.
Provisionally Complex Civil Litigation
Rules of Court, rules 3.400—3.403)
Wrongful eviction (33)
E
2).
(Cal.
Unlawful Detainer
Civil rights (08)
DDUDEDD
#20CV368064
:ase
nvelope: 4556260
CASE NAME:
Frit San Jose
CIVIL
lectronically Filed
No.:
file
suit.
and serve a notice
of related case.
Date: July 06, 2020
Allison J. Law
(You
may use
form CM-015.)
"flU/l
/[
’
(TYPE
(SIGNATURE @F PARTY OR AT'rORNEY FOR PARTY)
OR PRINT NAME)
NOTICE
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
o Plaintiff
in
sanctions.
° File this
0
0
any cover sheet required by local court 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.
If
this
cover sheet
case
is
in
addition to
complex under
rule
age1 of2
Form Adopted
for
Mandatory Use
Judicial Council of California
CM-010
[Rev. July
1,
2007]
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
www.courtinfo.ca.gov
PDF Page 3
INSTRUCTIONS ON
CM-010
HOW TO COMPLETE THE COVER SHEET
To
If you are filing a first paper (for example, a complaint) in a civil case, you
Plaintiffs and Others Filing First Papers.
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,
damages,
(3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ 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.
(2)
punitive
The
attachment.
identification of
Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
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.
To
Parties in
case
is
CASE TYPES AND EXAMPLES
Auto Tort
Auto (22)—Persona| Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
Contract
Breach of Contract/Warranty (06)
Breach of RentaI/Lease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach—Seller
motorist claim subject to
arbitration, check this item
instead ofAuto)
Other PIIPDIWD (Personal Injuryl
Property DamagelWrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other Pl/PDNVD (23)
Premises Liability
and fall)
(e.g., slip
Intentional Bodily
Injury/PDNVD
vandalism)
fraud or negligence)
Negligent Breach of Contract/
Plaintiff (not
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) (1 8)
Auto Subrogation
Other Coverage
(e.g., assault,
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other Pl/PDNVD
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not
civil
harassment) (08)
Defamation (e.g., slander,
(1
Review
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
Writ of Mandate (02)
Writ—Administrative
Award
Writ—Mandamus on
Case Matter
(11)
Mandamus
Limited Court
Writ—Other Limited Court Case
Review
Wrongful Termination (36)
Other Employment (1 5)
(not unpaid taxes)
Civil
Complaint
(27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (nonharassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tort/non-complex)
Civil
Complaint
Miscellaneous
Asset Forfeiture (05)
Employment
Judgment
Agency Award
Sister State
Administrative
(non-tort/non-complex)
Fraud (16)
(not medical or legal)
Other Non-Pl/PDNVD Tort (35)
County)
Confession of Judgment (nondomestic relations)
Other
drugs, check this item; otherwise,
report as Commercial or Residential)
Petition Re: Arbitration
Abstract of Judgment (Out of
RICO
(14)
Residential (32)
Drugs (38) (if the case involves illegal
Judicial
3)
Enforcement of Judgment (20)
Case
Unlawful Detainer
Commercial (31)
libel)
Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Miscellaneous
foreclosure)
Business Tort/Unfair Business
Securities Litigation (28)
Environmental/Toxic Tort (30)
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landlord/tenant, or
Non-PIIPDIWD (Other) Tort
Claims Involving Mass Tort (40)
Petition/Certification of Entry of
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/lnverse
Condemnation
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400—3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Civil Petition
Partnership and Corporate
Governance
(21)
Other Petition (not specified
above) (43)
Civil Harassment
Workplace Violence
EIder/Dependent Adult
Abuse
Election Contest
Petition for
Name Change
Petition for Relief
From Late
Claim
Other Civil Petition
Other Judicial Review (39)
Review
of Health Officer Order
Notice of AppeaI—Labor
Commissioner Appeals
CM-010
[Rev. July
1,
2007]
CIVIL
CASE COVER SHEET
Page 2 of 2