Complaint Limited Up to 10K

Cal. Super. - 6th Dist.August 11, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale Sar number and address) Hunt & Hennques, Attorneys at Law Michael S. Hunt ¹99804 ) Janalie Henriques ¹111589 ) Anthony DiPiero ¹268246 151 Bernal Road Suite 8 San Jose CA 95119-1306 TELEPHQNE No (8OO) 6SO-2426 FAx No (oplonal) (408) 362-2299 E-MAIL ADDRESS (Optronal) ATTORNEY FOR (Name) Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First street MAILING ADDRESS. CITY AND zip coDE San Jose CA 95113 BRANGH NAME Downtown superior court PLAINTIFF: CITI BANK, N.A. PLD-C-001 FOR COURT USE ONL Y DEFENDANT LUIS VILLALVAZO ~ DOES I TO DE COMPLAINT CONTRACT~ Afl(IENDED COMPLAINT (Number)) H CROSS-COMPLAINT M AMENDED CROSS-COMPLAINT (Number)( Jurisdiction (check a/I that apply): EK ACTION IS A Llll)IITED CIVIL CASE $2 got 1 1 CASE NUMBER Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000~ ACTION IS AN UNLIII)RTED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint~ from limited to unlimited~ from unlimited to limited 1. Plaintiffs (name ornames): CITIBANK, N.A. alleges causes of action against defendant" (name or names): LUIS VILLALVAZO 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 Cahfornia (2) ~ an unincorporated entity (describe): (3) DE 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 the fictitious name of (specify): except defendant (name): (1) M 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) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (descnbe): (5) ~ other (specify): Form Approved foi Optional Use Judicial Counoi of Californ a PLD-C-001 ine January I, 200TI 'll this form s used as a cross-co plaint, plainlfl means crossv ample nant and defendant means cross-defendant COII)IPLAINT-Contract NNNIINNIIIIIINNIINININNINIINIIINNN Pllpe I of 2 Code of Civil Procedure, li 420 12 1422590.001 Electronically filed by Superior Court of CA, County of Santa Clara, on 8/11/2020 5:31 PM Reviewed By:M Vu Case #20CV369340 Env #4747981 20CV369340 SHORT TITLE CITIBANK, N.A. v. LUIS VILLALVAZO 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 (speciiy 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): 6. H This action is subject to H 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. M a defendant lived here when the contract was entered into. c. DQ a defendant lives here now. d. ~ the contract was to be performed here. e. ~ a defendant is a corporation or unincorporated association and its princtpal 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 DO 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 surviving national banking association. Citibank, N.A. is the current owner of this Shop Your Way 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, lust, and equitable; and for a. DE damages of: $2,901.11 b. DQ interest on the damages (1) ~ according to the proof (2) ~ at the rate of (specify): 0.0000 percent per year from (daie): March 25, 2020 c. ~ attorney's fees (1) Hof: $ (2) D according to proof. d. ~ other (specify): 11. QQ The paragraphs of this pleading alleged on information and belief are as follows (speciiy paragraph numbers): CC-l.a. (1), CC-1.a. (2), CC-1.b. (4), CC-1.b. (5) Date: August 5, 2020 Anthony DiPiero ¹268246 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (if you wish fo verity this pieading, affix a verification.) CDIIPLAINT-ContractPLO C-001 [ReY Janaa tv I, 2007( Page20(2 1 422590.001 SHORT TITLE: CITIBANK, N.A. v. LUIS VILLALVAZO CASE NUMBER: PLD-C-001(2) FIRST (num(farl CAUSE OF ACTION-Common Counts ATTACHMENT TO QLI 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)f LUIS VILLALVAZO became indebted to DLI plaintiff K3 other (name)J or its predecessor in interest a. [K within the last four years (1) [K on an open book account for money due. (2) [K 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. QQ within the last ~ two years DQ four years (1) M for money had and received by defendant for the use and benefit of plaintiff. (2) M 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 delivered to defendant and for which defendant promised to pay plaintiff M the sum of $ M the reasonable value. (4) DO for money lent by plaintiff to defendant at defendant's request (5) [K for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) ~ other (specify)( CC-2. $2,901.11 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof DQ at the rate of 0 0000 percent per year from (date)( March 25, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H of$ according to proof. CC-4. M Other: Page Page 1 of 1 Form Aaproved for Opt oner uae Judiaai Counal of Caifomia PLD-0-00((2( [Re JanuaW 1, 2009( CAUSE OF ACTION-Common Counts Code of Civil Procedure. 0 425 12 www courfinfo ca go 1422590.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONIVENUE CASE NAME: CITIBANK, N.A. v. LUIS VILLALVAZO, CASE NUMBER: Please check ONE of the following statements to indicate the basis for your tiling 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: 714 S Almaden Ave Apt 112, San Jose CA 95110-2920 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: August 5, 2020 Signature of Plaintiff's Attorney -'+lunt & Henriques 1422590.001