Complaint Limited Up to 10K

Cal. Super. - 6th Dist.October 17, 2017

'c x: J PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name Slam Bar number, and address). Robert; Scott Kennard s. B. N. 117017, FORCOURTUSEONLY NELSON & KENNARD File No. 17- 22660- 0 2180 Harvard Street, Ste. 160 (95815) P.O. Box 13807 Sacramento, CA 95853 I F ' L E D TELEPHONE NO: (9 1 5) 9 2 o _ 2 2 9 5 FAX NO.(OpIiona/): E-MAIL ADDRESS (Optional): 'I z ATTORNEY FOR (Name): BARCLAYS BANK DELAWARE 2m OCT I 1 A I I 51 SUPERIOR COURT OP CALIFORNIA, COUNTY 0F SANTA CLARA SWEET ADDRESS= 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: COURT TOF CA San Jose, CA 95113 BRANCHNAME: LIMITED CIVIL CASE PLAINTIFF: BARCLAYS BANK DELAWARE DEFENDANT: r JESSICA OLIVAS, [ X ] DOES 1 TO 10 CONTRACT [X] COMPLAINT [ ]AMENDED COMPLAINT (Number): ’[ ] CROSS-COMPLAINT [ ] AMENDED CROSS-COMPLAINT (Number): Jurisdlcfion (check all that apply): CASE NUMBER: [X ] ACTION IS A LIMITED CIVIL CASE Amount demanded [X ]does not exceed $10,000 [ ] exceeds $10,000 but does not exceed $25,000 _ [ ]ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) - [ ] ACTION IS RECLASSIFIED bythis amended complaint or cross-complaint 1 7 C v 3 1 7 5 7 6 [ ]from limited to unlimited ‘ [ ]from unlimited to limited ~ 1. Plaintiff‘ (name ornames): BARCLAYS BANK DELAWARE alleges causes ofaction againstdefendant'mame ornames): JESSICA OLIVAs , , DOES 1 To 10 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. ‘a. Each plaintiff named above is a corhpetent adult [ X ]except plaintiff (name): BARCLAYS BANK DELAWARE [ ]a corporation qualified to do business in California [ ] an unincorporated entity (describe): [X]other(specify): A DULY CHARTERED BANK b. [ ] Plaintiff (name). a. [ ] has complied with the fictitious business name laws and Is doing business under the fictitious name (specify): ‘ b. [ 1 has complied with all licensing requirements as a licensed (specify): c. [ ] Information about additional plaintiffs who are not competent adults Is shown in Attachment 3c. 4. “ a Each defendant named above is a natural person [ ] except defendant (name). [ ] except defendant (name): 1 [ ] a business organization, form unknown 1 [ ] a business organization, form unknown a [ i a corporation 2 [ ] a corporation an unincorporated entity (describe): 3 [ ] an unincorporated entity (describe): (4) [ ] a public entity (describe): (4) [ ] a public entity (describe): (5) [ ] other (specify): -(5) [ ] other (specify): ‘ll this lorm is used as a cross-complainl. plainlill means cross-complainan! and defendant means cross-deiendanl. Page 1 o! 2 Form Approved lav Optional Use Code ol Civil Procedure. 425.12 Judicial Council o! California COMPLAINT-Contra ct § __ PLD-C-Om (Rev. January 1. 2007] _ ,r‘: , ’ PLD-C-001 SHORT TITLE: ‘ ’ A CASE NUMBER: BARCLAYS BANK DELAWARE v. JESSICA OLIVAS, et a1. 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) [ X ] Doe defendants (specify Doe numbers): 1 - 5 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) [ X] Doe defendants (specify Doe numbers): 6 - 10 are persons whose capacities are unknown to plaintiff. c [ ] Information about additional defendants who are not natural persons is contained in Attachment 4c. d. [ ] Defendants who are joined under Code of Civil Procedure section 382 are (names): .5. [ ] Plaintiff is required to comply with a claims statute, and a. [ ] plaintiff has complied with applicable claims statutes, or b. [ ] plaintiff is excused from complying because (specify): 6. [ ]This action is subject to [ ] Civil Code section 1812.10 [ ] Civil Code section 2984.4. 7. This coun is the proper coun because a. [ X ] a defendant entered into the contract here. b. [ ] a defendant lived here when the contract was entered into. c. [ X ] a defendant lives here now. d. [ ] the contract was to be performed here. e. [ ] a defendant is a corporation or unincorporated association and its principal place of business is here. f. [ ] real property that is the subject of this action is located here. g. [ X ] other (specify): Plaintiff is informed and believes that the Defendant (s) resided within this jurisdiction and venue at the time of the commencement of the within action or, alternatively, entered into the agreement which is the subject of this F action in this jurisdiction and venue. ' ‘ 8. The following causes of action are attached and the' statements above apply to each (each complaint mus! have one or more causes of action attached): [ ] Breach of Contract [ X ] Common Counts [ ] Other (specify): 9. [ X ]Ofimra“egafion$ Prior to commencement of this action, the Defendants were finformed in writing that if an action were commenced, the Plaintiff may recover its court costs, where allowed by law, in addition to the principal otherwise owed. 10. Plaintifl prays forjudgment for costs of suit; for such relief as is fair, just. and equitable; and for a. [X]damages 01$ 2,018.38 b. [ ]interestonth_e damages (1) [ ]accordingto proof (2) [ ] at the rate of (specify): percent per yearfrom (date):’ ‘c. [ ]attorneyfees (1) [ loft $ . (2) [ ]accordingto proof. d. [ ]other (specify): 11. [ ] The ga r hs of this pleading alleged on information nd belief are as follows (specify paragraph numbers): Date: jg i [\ ROBERT SCOTT KENNARD (TYPE OR PRINT NAME) (SIGNATURE 0F PLAINTIFF on AfiORNEY) (lfyou wish to verify this pleading, affix a verification.) PLD-C-001 lRev. January 1, 2007] ‘ COMPLAINT __ contract Page 2 ol 2 .. ~ a ‘ ’ ‘ ‘ PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: BARCLAYS BANK DELAWARE V. JESSICA OLIVAS, et a1. FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO [ X ] Complaint [ ] Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): BARCLAYs BANK DELAWARE allegesthatdefendant(name): JESSICA OLIVAs ,- becameindebtedto [X]plaintiff []other(name): a. [ X ] within the last four years (1) [ X ] on an open book account for money due. (2) [ X ] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. [ X ] within the last' [ ] two years [X ] four years (1) [ ] for money‘had and received by defendant_for the use and beriefit of plaintiff. (2) [ ] for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. [ ] the sum of $ [ ] the reasonable value. (3) [ X ] for goods, wares, and merchandise spld and delivered to defendant and for which defendant promised to pay plaintiff [X]thesumof$ 2,018.38 I [ ] the reasonable value. (4) [ ] for money lent by plaintiff to defendant at defendant's request. (5) [ ] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) [ ] oth'er (specify): CC-2. $ 2 , 018 . 38 which is the reasonable value, ié due and unpaid despite plaintiff's demand, plus prejudgment inter'est [ ] according to proof [ ] at the rate of percent per year from (date): ‘ CC-3. [ ] Plaintiff is entitled to attorney fees by an agreement or a statute [ 101$ [ ]accordingto proof CCZ4.[X]CMhen This complaint concerns pre-charge off account number XXXXXXXXXXXX5303. The account was established on 09/30/13. The account charged off on 01/30/17. The last payment received on the account was received on 06/Ol/l6. 3 Page Page 1 ol 1 Forr‘nlApprovef'j lorOp'tiona} Use CAusE OF ACTION _ Common counts Coda ol Civil Procedurg, § 425‘12 JudICIaI Councnl ol Cahlomla www‘coumnlo‘cagov ELD-C-OOHZ) (Rev. January 1, 2009] a ,. VERIFICATION I, ROBERT SCOTT KENNARD, declare: I am an attorney at law duly admitted and licensed to practice before all courts of the State of California and I have my professional office at 2180 HarvardrStreet, Ste. 160, Sacramento, Sacramento 'County, California. I am the attorney of record for Plaintiff in the above entitled matter. Said Plaintiff is absent from the county in which I have my office and for that reason I am making this verification on their behalf. I have read the foregoing documents and know the coniems thereof. On information and belief, venue lies properly with this court because Defendant either resides in this ‘ judicial district at the time this action is commenced or the contract was entered into by the Defendant in this judicial district. As to all other matters, I am informed and believe that the matters stated therein are true, and 0n that , ground, I allege that the matters stated therein are true. Ideclare under penalty of perjury of the laws of the State of California that the foregoing is true and Executed on Q ‘52 / q ,atSacramento,California. COITCCI. Pagé 4