Correspondence - Non Agenda - Laserfiche WebLink

Home Browse Search

CM-010 INSTRUCTIONS ON MOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper(for example,a complaint)in a civil case,you trust 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 sheetwith 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 an 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 a 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. CASE TYPES AND EXAMPLES Auto Tort Contract Auto(22)-Personal Injury/Property Breach of ContractfWarranly(06) Provisionally Complex Civil Litigation(Cal. DamageMkongful Death Breach of RentallLease Rules of Court Rules 3.400-3.403) Uninsured Motorist(46) (ifthe Contract (not unlawful detainer Antitrust/Trade Regulation(03) case involves an uninsured or wrongful eviction) Construction Defect(10) motorlstclaim subject to ContractlWarranty Breach-Seller Claims Involving Mass Tort(40) Plaintiff (not fraud or negligence) Securities Litigation(28) Instha of uto) his item Negligent Breach of Contract/ EnvironmentallToxic Tort(30) instead ofAuta) Wain Insurance Coverage Claims Other PIIPDfWD(Personal lnjuryl Other BreachWarranty fContractiWarranty (a)ising from provisfonallycomplex Tort Property DamageWrongful Death) Collections(e.g.,money owed,open case type listed above) (41) book accounts)(09) Enforcement of Judgment Asbestos(04) Collection Case-Selfer Plaintiff Enforcement of Judgment(20) Asbestos Property Damage Other Promissory Note/Collections Abstract of Judgment(Out of Asbestos Personal Injury/ Case County) Wrongful Death Insurance Coverage(not provisionally Confession of Judgment (non- Product Liability(not asbestos or complex)(1 B) domestic relations) toxlcJenWorimental) (24) Auto Subrogatlon Sister State Judgment Medical Malpractice(45) Other Coverage Administrative Agency Award Medical Malpractice- Other Contract(37) (not unpaid taxes) Physicians&Surgeons Contractual Fraud PetitionlCertiflcatlon of Entry of Other Professional Health Care Other Contract Dispute Judgment on Unpaid Taxes Malpractice Real Property Other Enforcement of Judgment Other PI/PD/WD(23) Eminent Domain/Inverse Case Premises liability(e.g.,slip Condemnation(14) Miscellaneous Civil Complaint and falo Wrongful Eviction(33) RICO(27) Intentional Bodily Injury/PDIWD Other Real Property(e.g.,quiet title)(26) Other Complaint(not specified (e.g.,assault,vandalism) Writ of Possession of Real Property above) (42) Intentional Infliction of Mortgage Foreclosure Declaratory Relief Only Emotional Distress Quiet Title Injunctive Relief Only(non- Negligent Infliction of Other Real Property (not eminent harassment) Emotional Distress domain,landlordAenant,or Mechanics Lien Other Pi1PDIWD foreclosure Other Commercial Complaint Non-PIIPDIWD(Other)Tort Unlawful Detainer) Case (non-torfMon-complex) Business Torl/Unfair Business Commercial(31) Other Civil Complaint Practice(07) (non4ort/non-complex) Rights( g.,discrimination,Civil Ri Drugs Residential(32) Drugs(36) (if the case involves illegal Miscellaneous Civil Petition false arrest)(not civil drugs,check this item;otherwise, Partnership and Corporate harassment) (08) report as Commercial orRes/dendal) Governance(21) Defamation(e.g.,slander,fibel) Other Petition(not specffed Judicial Review (13) above)(43) Fraud(16) Asset Forfelture(05) Civil Harassment Intellectual Property(19) Petition Re:Arbitration Award(11) Workplace Violence Professional Negligence(25) Writ of Mandate(02) Elder/Dependent Adult Legal Malpractice Wr€-Administrative Mandamus Abuse Other Professional Malpractice Wrii-Mandamus on Limited Court Election Contest Case Matter (not medical orlegal) Writ-Other Limited Court Case Petition for Name Change Other Non-PUPDf WD Tort(35) Review Petition for Relief from Late Claim Employment Other Judicial Review(39) Other Civil Petition Wrongful Termination(36) Review of Health Officer Order Other Employment(15) Notice of Appeal-Labor Commissioner Appeals CM:D1 [Rev. epi er 1,z OCE Er,seMki CIVIL CASE COVER SHEET naQe2orz ceb.com WEMA