Complaint Limited Up to 10KCal. Super. - 6th Dist.May 29, 2019E-FILED 5/29/2019 5:42 PM Clerk of Court Superior Court of CA, County of Santa Clara 19CV348902 Reviewed By: M Vu 19CV348902 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELMIRA DANIELYAN, ESQ, BAR #285717 PATENAUDE & FELIX, A.P.C. 6800 Owensmouth Avenue, Suite 290 Canoga Park, CA 91 303-4216 866-784-8084 Attorney for Plaintiff IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA FACILITY LTD. CIV. CASE CAPITAL ONE BANK (USA), N.A., Case No. Plaintiff, COMPLAINT FOR MONEY: Vs. . ACCOUNT STATED JENNIFER OSORIO, DEMAND And DOES 1 through 5, Inclusive. $3,878.01 Defendant(s). LIMITED CASE Plaintiff alleges as follows: 1. Plaintiff, CAPITAL ONE BANK (USA), N.A. (hereinafter referred to as "Plaintiff"), is a National Banking Association organized and existing under and by virtue of the laws of the United States of America. 2. Defendant(s), JENNIFER OSORIO, (hereinafter referred to as “Defendant"), is an individual residing at the county of SANTA CLARA. 3. 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. 4. That at all times herein mentioned each Defendant was the agent, employee and/or husband or wife of each of the remaining Defendants, and was at all times acting within the course and scope of Page 1 COMPLAINT FOR MONEY 19-0061 0-0 / 01 02-36 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 5. 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. 6. 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. 7. Within four (4) years last past, in the within county, accounts were stated in writing by and between Plaintiff and Defendants, and each of them, wherein it was agreed that said Defendants were indebted to Plaintiff in the sum 0f $3,878.01, for the credit card account number XXXXXXXXXXXX5201, or such higher amount as may be shown according to proof at time of trial. 8. Defendants promised to pay to Plaintiff the sum of $3,878.01, or such higher amount as may be shown according to proof at time of trial. 9. 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 $3,878.01, or such higher amount as may be shown according to proof at time of trial. 10. Plaintiff has duly performed all acts necessary on its part to be performed. 11. Neither Defendants nor anyone else on their behalf have reported the credit card lost or stolen. WHEREFORE, Plaintiff prays judgment against Defendants, and each of them, as follows: 1. For damages in the sum of $3,878.01, 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: May 23, 201 9 ELMIRA DANIELYAN Attorney for Plaintiff Page 2 19-0061 0-0 / 01 02-36