Complaint Limited Up to 10KCal. Super. - 6th Dist.October 31, 2018TELEPHONE NO: 800-496-8909 FAX NO. (Optional): 858-496-5077 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): MAILING ADDRESS: CITY AND ZIP CODE: PLAINTIFF: DEFENDANT: DOES 1 TO COMPLAINT AMENDED COMPLAINT (Number): CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number): CASE NUMBER: 1. Plaintiff* (name or names): alleges causes of action against defendant* (name or names): 2. This pleading, including attachments and exhibits, consists of the following number of pages: b. Plaintiff (name): COMPLAINT-Contract Code of Civil Procedure, § 425.12 * If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Judicial Council of California PLD-C-001 [Rev. January 1, 2007] STREET ADDRESS: PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT SUPERIOR COURT OF CALIFORNIA, COUNTY OF BRANCH NAME: CONTRACT Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) exceeds $10,000 but does not exceed $25,000 ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited from unlimited to limited 3. a. Each plaintiff named above is a competent adult except plaintiff (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) other (specify): c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. b. has complied with all licensing requirements as a licensed (specify): a. has complied with the fictitious business name laws and is doing business under the fictitious name (specify): 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 (2) a corporation (2) a corporation (3) 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): 10 CIR Law Offices International Michael Vlachos Bar# 312398 / Abril Ruiz Bar# 299586 / Russell Emmons Bar# 289135 2650 CAMINO DEL RIO NORTH STE 308, SAN DIEGO CA 92108 Synchrony Bank x x 191 N. First Street 191 N. First Street San Jose, CA 95113 Downtown Superior Court Santa Clara Synchrony Bank ARLETTA GARCIA x Synchrony Bank ARLETTA GARCIA 3 x x Synchrony Bank A NATIONAL BANKING ASSOCIATION x E-FILED 10/31/2018 3:18 PM Clerk of Court Superior Court of CA, County of Santa Clara 18CV337440 Reviewed By: E. Fang 18CV337440 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. has complied with applicable claims statutes, or b. is excused from complying because (specify): 6. This action is subject to Civil Code section 1812.10 Civil Code section 2984.4. 7. This court is the proper court because a. a defendant entered into the contract here. b. a defendant lived here when the contract was entered into. c. 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. other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Breach of Contract Common Counts Other (specify): 9. Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $ b. interest on the damages (1) according to proof (2) at the rate of (specify): percent per year from (date): c. attorney's fees (1) of: $ (2) according to proof. d. other (specify): 11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2007] COMPLAINT-Contract Page 2 of 2 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. defendants and acted within the scope of that agency or employment. (1) Doe defendants (specify Doe numbers): ______________________were the agents or employees of the named plaintiff. (2) Doe defendants (specify Doe numbers): ___1-10______________ are persons whose capacities are unknown to SHORT TITLE: CASE PLD-C-001 Synchrony Bank v. ARLETTA GARCIA Russell Emmons 2,637.93 Refer to Other Allegations in #9 Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the Defendant(s) in writing it intended to file this action and that this action could result in a judgment against Defendant(s) that would include court costs and necessary disbursements allowed by CCP Section 1033 (b) (2). x x x x x 10/18/2018 x the sum of $ the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. request. (5) for money paid, laid out, and expended to or for defendant at defendant's special instance and (6) other (specify): CC-2. $ , which is the reasonable value, is due and unpaid despite plaintiff's demand, from (date): CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. Other: Form Approved for Optional Use Judicial Council of California PLD-C-001(2) [Rev. January 1, 2009] CAUSE OF ACTION-Common Counts Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov plus prejudgment interest according to proof at the rate of percent per year (number) PLD-C-001(2) Page 1 of 1 SHORT TITLE: CASE became indebted to plaintiff other (name): CAUSE OF ACTION-Common Counts ATTACHMENT TO Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): alleges that defendant (name): a. within the last four years was agreed that defendant was indebted to plaintiff. (1) on an open book account for money due. (2) because an account was stated in writing by and between plaintiff and defendant in which it b. within the last two years four years (1) for money had and received by defendant for the use and benefit of plaintiff. and for which defendant promised to pay plaintiff. (2) for work, labor, services and materials rendered at the special instance and request of defendant the sum of $ the reasonable value. (3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff Page First Synchrony Bank v. ARLETTA GARCIA 3 2,637.93 Synchrony Bank ARLETTA GARCIA This cause of action is based upon account number XXXXXXXXXXXX3046 for the sum by which Defendant(s) has been unjustly enriched by virtue of Defendant(s) receiving monetary or other benefit, by Defendant(s) knowingly requesting the funds at issue and/or accepting the benefits bestowed. It is inequitable for Defendant(s) to retain said benefits without repaying Plaintiff the value thereof. x x x x x x x x For such other and further relief as the Court deems fair and just.
