Complaint Limited Up to 10KCal. Super. - 6th Dist.August 11, 2020FAX NO (Optionari (408) 362-2299 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDREBS 191 North First Street MAILING ADDRESS DITY AND zip coDE San Jose CA 95113 BRANGH NAME Downtown supenor Court PLAINTIFF CITIDANK, N.A. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Sar number, snd sddressi Hunt 8 Henriques, Attorneys at Law Michael S. Hunt ¹99804 ( Janalie Henriques ¹111589 ) Keri L. Salet ¹318913 151 Bernal Road Suite 8 San Jose CA 95119-1306 TELEPHONE NO (800) 680-2426 E.MAIL ADDRESS (Oprioriali ATTORNEY FOR (Namef Plaintiff PLD-C-001 FOR COURT USE ONLY DEFENDANT HARDEEP KAUR ~ DOES I TO ClE COMPLAINT CONTRACT AMENDED COIIIIPLAINT (Number)i M CROSS-COMPLAINT H AMENDED CROSS-COMPLAINT (Number)i $2 739 73 CASE NUMBER Jurisdiction (check all that apply): DQ ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000~ ACTION IS AN UNLIMITED CIVIL CASE (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): CITIBANK, N.A alleges causes of action against defendant* (name or names): HARDEEP KAUR 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 California (2) ~ an unincorporated entity (descr(be): (3) DL] 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 complied with the fictitious business name laws and is doing business under lhe fictitious name of (specify): except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (descnbe): b. M 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) M a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (descr(be): (5) M other (specify): (4) ~ a public entity (describe): (5) ~ other (spec(fy): Form App oved for Optional Use Judtaal Counal of California If this form is used as a cross-compte nt, plaintiff means cross-complainant and defendant means cross-defendant COMPLAINT-Contract IINNMIIINIIIIIIIIININIIIIIINIIIIIIIIIIIIIININIIII Page I of 2 Code of Civil Procedure, 9 425 I 2 1421619.001 Electronically filed by Superior Court of CA, County of Santa Clara, on 8/11/2020 5:31 PM Reviewed By:D Harris Case #20CV369334 Env #4747972 20CV369334 SHORT TITLE CITI8ANK, N.A. v. HARDEEP KAtJR CASE NUMBER PLD-C-001 4. (Continuedj b. The true names of defendants sued as Does are unknown to plaintiff. (1) ~ Doe defendants (specify Doe numbers): were the 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. ~ is excused from complying because (specify)i 6. D 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 entered into the contract here. b. ~ a defendant lived here when the contract was entered into. c. DQ a defendant lives here now. d. M 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 compisint must have one or more causes of action attached): Breach of Contract DQ Common Counts Other (specify): 9. HU Other allegations: On July 1, 2011, Citibank (South Dakota) N.A. merged into Citibank, N.A., with Citibank N.A. as the resulting and survwing national banking association. Citibank, N.A. is the current owner of this Bestbuy Visa branded credit account and all nghts to pursue collection from Defendant. 10. plaintiff prays for ludgment for costs of suit; for such relief as is fair, just, and equitable; and for a. HU damages of: $2,739.73 b. DL] interest on the damages (1) ~ according to the proof (2) QLj at the rate of (specify): 0.0000 percent per year from (date)i March 12, 2020 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify): 11. QLj The paragraphs of this pleading alleged on information and behef are as follows (specify paragraph numbers): CC-1.a. (1), CC-1.a. (2), CC-1.b. (4), CC-1.b. (5) Date: August 5, 2020 Keri L Sslet ¹318913 ITYPE OR PRINT NAME) PLO-C-001 IRe JaaaaryI,ZOOR ISIGNATtiRE OF PLAINTIFF OR ATTORNEY) (if you wish fo venfy this p/eading, affix a verification.j COMPLAINT-Contract Page 2 ef 2 1421619.001 SHORT TITLE; CITIBANK, N.A. v. HARDEEP KAUR CASE NUMBER: PLD-C-001(2) FIRST (numoerl CAUSE OF ACTION-Common Counts ATTACHMENT TO 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): HARDEEP KAUR became indebted to (jL) plaintiff EE other (name)f or its predecessor in interest a. [K within the last four years (1) DQ on an open book account for money due. (2) [K because an account was stated in wriling by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. R] within the last M two years [jQ four years (1) M for money had and received by defendant for the use and benefit of plaintiff. (2) ~ 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. (3) ~ 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. (4) (jQ for money lent by plaintiff to defendant at defendant's request (5) (jLj for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) ~ other (specify): CC-2. $2,739.73 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof DQ at the rate of 0 0000 percent per year from (date)i March 12, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. M Other: Page Page 1 of 1 Form Approved for Optional uee Judiaal Counai of Califorma PLD-0 001(2l (Re January 1, 2009] CAUSE OF ACTION-Common Counts Code of Civil Prooedure. 0 425 12 www oourf&n%%d oa go 1421619.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: CITIBANK, N.A. v. HARDEEP KAUR, 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: 444 Saratoqa Ave Apt 30B, Santa Clara CA 95050-6261 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: Auqust 5, 2020 Signature of Plaintiff's Attorney Hunt & Henriques 1421619.001