Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.May 29, 2019

ATTORNEY OR PARTY WITHOUT ATTORNEY INsme, Slate Bar numbe, and sddressi Hunt 8 Henriques, Attorneys at Law Michael S. Hunt ¹99804 ~ Janalie Henriques ¹111589 ~ Anthony DiPiero ¹268246 151 Bernal Road Suite 8 San Jose CA 95119-1306 TELEPHONE NO (800t 680-2426 FAx No iopboneii (408) 362-2299 E-MAILADDRESS (Opt cnali AITORNEY Fos iNsmef Plaintiff SUPERIOR COURT OF CALIFORNIA,COUNTY OF SANTA CLARA 31 REET ADDREss 191 North First Street MAILINGADDRESS CtTY AND ztp DDDE San Jose CA 95113 BRANCH NAME Santa Clara Supenor Court Distnct PLAINTIFF CAPITALONE BANK (USA), N.A. DEFENDANT; YONG 8 WON M DOES I TO PLD-C-001 FOR COURT USE ONLY ~X COIIIIPLAINT CONTRACT~ AMENDED COMPLAINT (Number)r H CROSS-COMPLAINT H ANIENDED CROSS-COMPLAINT (Number)r $32 647 50 CASE NUMBER Jurisdiction (check sll that apply):~ ACTION IS A LIMITEDCIVILCASE Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000~ ACTION IS AN UNLIMITEDCIVILCASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint~ from limited to unlimited~ from unlimited to limited 1. Plaintiff* (name or names)i CAPITALONE BANK (USA), N.A. alleges causes of action against defendant* (name or names): YONG B WON 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. a. Each plaintiff named above is a competent adult ~X except piatntiff (name)i CAPITAL ONE BANK (USA), N.A. (1) ~ a corporation qualified to do business tn California (2) ~ an unincorporated entity (describe)i (3) C}Q other (specify): A National Banking Association organized and existing under and by virtue of the laws of the United States of Amenca b. ~ Plaintiff (name)i a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): except defendant (name): (1) ~ a business organization, form unknown (2, C7 a corporation (3) ~ an unincorporated entity (describe)l b. ~ has complied with all licensing requirements as a licensed (speedy): 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 (nafee: (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (descnbe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a pubhc entity (descnbe)i (5) ~ other (specify): Form Approved for Optional Use Jud aal Counal of Cal fomia If this form is used as e cross-a mplaint, pleats means cross complainant and defendant means cross-defendant COMPLAINT-Contract IIINIHlfNIIIIIIHHIIIIIHNIIIIHHINIIUINIII Page 1 of 2 Code of Civil Procedure, 9 425 12 1330878.001 19CV348747 Electronically filed by Superior Court of CA, County of Santa Clara, on 5/29/2019 8:23 AM Reviewed By:M Vu Case #19CV348747 Env #2940383 SHORT TITLE: CAPITALONE BANK (USA), N.A. v. YONG 8 WON CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaint)ff. (1) ~ Doe defendants (specify Doe numbers): were the agents or employe s of the named defendants and acted within the scope of that agency or employment. (2) M Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. M Information about additional defendants who are natural persons is contained in Attachment 4c. d. M Defendants who are joined under Code of Civil Procedure section 382 are (nzmes): 5. M Plaintiff is required to comply with a claims statute, and a. M has complied with applicable claims statutes, or b. M is excused from complying because (specify): 6. H This action is subject to H Civil Code section 1812.10 H Civil Code section 2984.4. 7. This court is the proper court because a. ~ a defendant enteredinto the contract here. b. ~ a defendant lived here when the contract was entered into. c. ~X a defendant ¹ves here now. d. ~ the contract was to be performed here. e. ~ a defendant is a corporation or unincorporated association and its prinmpal place of business is here. f. ~ real property that is the subiect 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 DQ 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: $32,647.50 b. DE interest on the damages (1) ~ according to the proof (2) ~X at the rate of (specify)i 0.0000 percent per year from (date): September 17, 2018 c. ~ attorney's fees (1) C] of: $ (2) ~ according to proof. d. ~ other (specify): 11. [jQ The paragraphs of this pleading alleged on information and belief are as follows (specify paragrzp" numbers): CC-1.a.(1), CC-1.a.(2), CC-1.b.(4), CC-1,b.(5) Date: May 22, 2019 ,7 Anthony DiPiero ¹268246 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (lfyou wish to verify this pleading, affixz verification.) PLC-c-001 IRev January I 20071 COMPLAINT-Contract Page 2 of 2 1330878.001 SHORT TITLE: CAPITAL ONE BANK (USA), N.A. v. YONG B WON CASE NUMBER: PLD-C-001(2) FIRST inumoerl CAUSE OF ACTION-Common Counts ATTACHMENTTO [K Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): CAPITAL ONE BANK (USA), N.A. alleges that defendant (name)f YONG B WON became indebted to K] plaintiff M other (name)f a. CE within the (1) DE (2) ~X last four years on an open book account for money due. 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 (1) (2) D (3) D (4) Kl (5) HX (6) last ~ two years QQ four years for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. M the sum of $ M the reasonable value. for goods, wares, and merchandise sold and dehvered to defendant and for which defendant promised to pay plaintiff M the sum of $ M the reasonable value. for money lent by plaintiff to defendant at defendant's request for money paid, laid out, and expended to or for defendant at defendant's speoal instance and request. other (specify)f CC-2 $32,647 J50 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest C3 according to proof HX at the rate of 0 0000 percent per year from (dale): September 17, 2018 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H of$ according to proof. CC-4. M Other: Page Page I of f Form Approved for Optional uee Jud c al Coun c I ol Cal forn a Pl.o-c-001(2I Inev January I, 2009I CAUSE OF ACTION-Common Counts Code oi Civ I Procedure, 0 e29 12 www couninfo ca pov 1330878.001 SUPERIOR COURT OF CALIFORNIA,COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: CAPITALONE BANK(USA), N.A. v. YONG B WON, CASE NUMBER: Please check ONE of the following statements to indicate the basis for your filing of the complaint in this Judicial District and fill in the address. 1. Cause of Action arose in this Judicial District. The address of the cause of action is: Street City Zip Code 2. Property located in this judicial district. The address of this property is: Street City Zip Code 3. Tort occurred in this judicial district. The address of the tort is: Street (if known) City (or nearest major intersection) Zip Code 4. Contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: Street (if known) City Zip Code X 5. Defendant resides in this judicial district. The address of the defendant is: 10410 CALVERT DR, CUPERTINO CA 95014-3840 Street City Zip Code I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: May 22, 2019 Rgnature of Plaintiff's Attorney Hunt & Henriques 1330878.001