Complaint Limited Up to 10K

Cal. Super. - 6th Dist.May 31, 2019

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Sar number and addn ss) Hunt 8 Henriques, Attorneys at Law Michael S. Hunt ¹99804 ) Janalie Hennques ¹111589 ) Anthony DiPiero ¹268246 151 Bernal Road Suite 8 San Jose CA 95119-1306 TELEPHONE No (800) 680-2426 FAX No. (Optional). (408) 362-2299 E-MAILADDRESS (Opfronsf) ATTDRNEY FQR (Name). Plaintiff SUPERIOR COURT OF CALIFORNIA,COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAILINGADDRESS CITY AND zip coDE. San Jose CA 95113 BRANCH NAME Downtown Superior Court PLAINTIFF: CITIBANK,N A. PLD-C-001 FOR COURT USE ONLY DEFENDANT: MICHELLEA MACALINTAL ~ DOES 1 TO ~x COMPLAINT CONTRACT AMENDED COMPLAINT (Number)) H CROSS-COMPLAINT M AIIIIENDEDCROSS-COMPLAINT (Number)( Jurisdiction (check all that apply): QQ ACTION IS A LIMITEDCIVILCASE Amount demanded DE does not exceed $ 10i000~ 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. Plaintiffs (name or names): CITIBANK,N.A. CASE NUMBER'lleges causes of action against defendant (name or names): MICHELLEA MACALINTAL 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 plaintiff (name)( CITIBANK, N.A. (1) ~ a corporation qualified to do business in Caiiiornia (2) ~ an unincorporated entity (descr(be); (3) ~ other (specify)( A National Banking Association organized and existing under and by virtue of the laws of the United States of America b. ~ Plaintiff (name): a. ~ has comphed 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) ~ a corporation (3) ~ an unincorporated entity (describe); b. ~ 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): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ aii unincorporated entity (describe): (4) ~ a public entity (descnbe)1 (5) ~ other (specify): (4) ~ a pubkc entity (descnhe). (5) ~ other (specify): Form Approved fo Opbonal Use Judioal Counol of Califorma If this form is used as a cross-complaint, plaintiffmeans cross-complainant a d defendant means cross-defendant COMPLAINT-Contract IIIIIIlllllklHNlllllllllllllllllNIIIIMI5 Page I of 2 Code of Ovil P ocadure, 9 425.12 1 334991. 001 E-FILED 5/31/2019 1:47 PM Clerk of Court Superior Court of CA, County of Santa Clara 19CV349253 Reviewed By: S. Alvarez 19CV349253 SHORT TITLE CITIBANK,N,A v MICHELLEA MACALINTAL CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) ~ Doe defendants (specify Doe numbers): were tho agents or employees 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 (names): 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 (speciiy): 6. ~ This action is subject to H Civil Code section 1812.10 M 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. DQ a defendant kves here now. d. ~ the contract was to be performed here. e. ~ a deiendant is a corporation or unincorporated association and its principal place of bus-ess is here. f. ~ real property that is the sub[act 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 ofaction attached): Breach of Contract DG Common Counts Other (specify): 9. DE Other allegations: On July 1, 2011, Citibank (South Dakota) N.A. merged into Citibank, N.A., with Citibank N.A. as the resulting and surviving national banking association. Citibank, N.A. is the current owner of this Sears Gold Mastercard branded credit account and all rights to pursue collection from Defendant. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. DLIdamages of: $5,232.52 b. ~X interest on the damages (1) ~ according to the proof (2) C}L]at the rate of (speciiy): 0.0000 percent per year from (date)i February 18, 2019 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify): 11. DQ The paragraphs of this pleading alleged on information and belief are as foffovrs (specify paragraph numbers): CC-1.a. (1), CC-1.a. (2), CC-1.b. (4), CC-1.b. (5) )Date: May 24, 2019 Anthonv DiPiero ¹266246 [TYPE OR PRINT NAME) 77 .[SIGNATURE OF PLAINTIFF OR ATTORNEY[ (((you wish to venfy this p/eading, affi (a verification.) PLB-c-001 [Rey January I, 2007[ COMPLAINT-Contract Page 2 of 2 1334991.001 SHORT TITLE: CITIBANK,N.A. v. MICHELLEA MACALINTAL CASE NUMBER: PL D-C-001 (2) FIRST (number) 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): CITIBANK,N.A. alleges that defendant (name): MICHELLEA MACALINTAL became indebted to M plaintiff DG other (name): or its predecessor in interest a. CE within the (1) (2) DD 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. MX within the (1) H (2) CI (3) O (4) DLI (5) CE (6) last M two years CE 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.~ the sum of $ M the reasonable value. for goods, wares, and merchandise sold and delivered 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 special instance and request. other (specify): CC-2. $5,232.52 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof DG at the rate of 0 0000 percent per year from (date): February 18, 2019 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H of$ according to proof. CC-4. M Other: Page Page 1 of 1 Form Approved for opnonai Uae Jud oal Council oi California PLD-C-001 (2) [Rev January 1, 2000I CAUSE OF ACTION-Common Counts Code of Ciul Procedure,!I 425 12www coun nfo ca gov 1334991.001 SUPERIOR COURT OF CALIFORNIA,COUNTY OF SANTA CLARA SAN JOSE JUDICIALDISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: CITIBANK,N.A. v. MICHELLEA MACALINTAL, 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!ocated 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: 270 Umbarger Rd Spc 107, San Jose CA 95111-2031 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 24, 2019 ature of Plaintiff's Attorney Hunt & Henriques 1334991.001