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HomeMy WebLinkAbout20251016_Civil Case Cover Sheet Filed_City v SmithELECTRONICALLY FILED10/16/2025 5:16 PM 25CV-0667 CM-010 Matthew R.Silver,SBN 245528;Sean E.Morrissey,SBN 297371 FOR COURT USE ONLYATTORNEYORPARTYWITHOUTATTORNEY(Name,State Bar number,and address): CIVICA LAW GROUP,APC; 4000 Barranca Parkway,Ste.250,PMB #782,Irvine CA 92604 TELEPHONE NO.:(949)592-0165 FAX NO.:(949)335-1701 EMAIL ADDRESS:SMorrissey@CivicaLaw.com ATTORNEY FOR (Name):Plaintiff,CTY OF SAN LUIS OBISPO SUPERIOR COURT OF CALIFORNIA,COUNTY OF SAN LUIS OBISPO CITY AND ZIP CODE:San Luis Obispo,CA 93408 Tamara Wickstrom,Deputy Clerk BRANCH NAME:Civil Branch San Luis Obispo Superior Court STREET ADDRESS:1050 Monterey Street MAILING ADDRESS:1050 Monterey Street CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: +Unlimited Limited Counter Joinder (Amount (Amount Filed with first appearance by defendant JUDGE:demanded demanded is DEPT.:exceeds $35,000)$35,000 or less)(Cal.Rules of Court,rule 3.402) Items 1-6 below must be completed (see instructions on page 2). 1.Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation_Auto (22)Breach of contract/warranty (06)(Cal.Rules of Court,rules 3.400-3.403) Antitrust/Trade regulation (03)_Construction defect (10) motorist (46)Rule 3.740 collections (09) Damage/Wrongful Death)Tort Insurance coverage (18)Mass tort (40) Other PI/PD/WD (Personal Injury/Property Other collections (09) Other contract (37)Securities litigation (28)Asbestos (04) Product liability (24) Medical malpractice (45) Environmentat/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case Real Property Eminent domain/Inverse Other PI/PD/WD (23)condemnation (14)types (41) Non-PI/PD/WD (Other)Tort Wrongful eviction (33)Enforcement of Judgment Business tort/unfair business practice (07)¥Other real property (26)Enforcement of judgment (20) Defamation (13)Commercial (31)RICO (27) Civil rights (08)Unlawful Detainer Miscellaneous Civil Complaint Fraud (16)Residential (32)Other complaint (not specified above)(42) Intellectual property (19)Drugs (38)Miscellaneous Civil Petition Professional negligence (25)Judicial Review Partnership and corporate governance (21) Employment Petition re:arbitration award (11)Other petition (not specified above)(43) Other non-PI/PD/WD tort (35)Asset forfeiture (05) Wrongful termination (36)Writ of mandate (02) Other employment (15)Other judicial review (39) 2.Thiscase is [%]isnot complex under rule 3.400 of the California Rules of Court.If the case is complex,mark the factors requiring exceptional judicial management: a.Large number of separately represented parties b.Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve d.Large number of witnesses e. courts in other counties,states,or countries,or in a federal 3.Remedies sought (check all that apply):a.monetary b.[x]nonmonetary;declaratory or injunctive relief c.punitive 4.Number of causes of action (specify):(1)Violation of Health &Safety Code and Receivership;(2)Nuisance;(3)Nuisance Per Se; Coordination with related actions pending in one or more court c.f.Substantial postjudgment judicial supervisionSubstantialamountofdocumentaryevidence 5.Thiscase is *is not a class action suit (4)Unfair Business Practices 6.If there are any known related cases,file and serve a notice of related case.You may use form 015.) Date:October 16,2025 Sean E.Morrissey 1 E OR PRINT NAME}PARTY NEY FOR PARTY NOTICE e Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims gases 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. e File this cover sheet in addition to any cover sheet required by local court rule. e 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 of 2 Form Adopted for Mandatory Use Cal.Rules of Court,rules 2.30,3.220,3.400-3.403,3.740; Judicial Council of California CM-010 [Rev.January1,2024]www courts ca gov CIVIL CASE COVER SHEET Cal.Standards of Judicial Administration,std.3.10 CM-010 [Rev. January 1, 2024]CIVIL CASE COVER SHEET Page 2 of 2 CM-010INSTRUCTIONS ON HOW 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 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. CASE TYPES AND EXAMPLES Auto Tort Auto (22)–Personal 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/PD/WD (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 Malpractice– Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-PI/PD/WD (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) 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 Contract/ 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 Real 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; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) 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 Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400–3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic 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-tort/non-complex) Other Civil Complaint (non-tort/non-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