Complaint Limited Up to 10K

Cal. Super. - 6th Dist.October 26, 2018

E-FILED 10/26/2018 3:34 PM Clerk of Court Superior Court of CA, County of Santa Clara 18CV337122 Reviewed By: E. Fang 18CV337122 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELIZABETH A. BLEIER, ESQ, BAR #81470 ELMIRA DANIELYAN, ESQ, BAR #285717 PATENAUDE & FELIX, A.P.C. 16130 Ventura Boulevard, Suite 620 Encino, California 91436-2542 866-784-8084 Attorney for Plaintiff IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA FAClLlTY LTD. CIV. CASE CAPITAL ONE BANK (USA), N.A., Case No. Plaintiff, COMPLAINT FOR MONEY: Vs. ACCOUNT STATED LAWRENCE M MARQUEZ, DEMAND And DOES 1 through 5, Inclusive. $3,214.59 Defendant(s). LIMITED CASE Plaintiff alleges as follows: 1. Plaintiff is a National Banking Association organized and existing under and by virtue of the laws of the United States of America. 2. The true names and capacities, of Defendants named herein as DOES 1 through 5, inclusive, are unknown to Plaintiff, who therefore sues said defendants by such fictitious names, and Plaintiff will amend this complaint to show their true names and capacities when the same have been ascertained. 3. That at all times herein mentioned each Defendant was the agent, employee and/or husband or wife of each 0f the remaining Defendants, and was at all times acting within the course and scope of such agency and/or employment and with the consent, knowledge and permission of each of their co- Defendants, and the hereinafter set forth obligation(s) were community debts. W r iWPage 1 COMPLAINT FOR MONEY 18-1 2804-0 / O1 02-36 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The within action is subject to the provisions of Section 395(b) of the California Code of Civil Procedure, and not subject to the provisions of Section 1812.10 or 2984.4 of the California Civil Code. 5. The Defendants. and each of them, are residents of this judicial district, and/or the contract was to be performed in this judicial district and, therefore, this is the proper Court for trial in this action. 6. Within four (4) years last past, in the within county, accounts were stated in writing by and between CAPITAL ONE BANK (USA), N.A. and Defendants, and each of them, wherein it was agreed that said Defendants were indebted to CAPITAL ONE BANK (USA), N.A. in the sum of $3,214.59, or such higher amount as may be shown according to proof at time of trial. 7. Defendants promised to pay to CAPITAL ONE BANK (USA), N.A. the sum of $3,214.59, or such higher amount as may be shown according to proof at time of trial. 8. No part of said sum has been paid, although demand therefore has been made, and there is now due, owing and unpaid the sum of $3,214.59, or such higher amount as may be shown according to proof at time of trial. 9. Said agreement provides, among other things, that if plaintiff employs an attorney to enforce said agreement, defendants promise to pay any court costs incurred. Plaintiff hereby waives any and all rights and claims to attorneys fees. WHEREFORE, Plaintiff prays judgment against Defendants, and each of them, as follows: 1. For damages in the sum of $3,214.59, or such higher amount as may be shown according to proof at time of trial; 2. For costs of suit herein incurred; and 3. For such other and further relief as the court may deem just and proper. PATENAUDE & FELIX, A.P.C. DATED: October 19, 2018 ELMIRA DANIELYAN Attorney for Plaintiff Page 2 COMFSLAINT FOR MONEY 18-12804-0 / 0102-36