Complaint Limited 10K and 25K

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Ber number arid address) Hunt & Hennques, Attorneys at Law Michael S. Hunt ¹99804 ( Janalie Henriques ¹111589 ~ Harmony Oswald ¹312726 151 Bernal Road Suite 8 San Jose CA 95119-1306 TELEPHONE NO (800) 680-2426 Far NO (Opt anal) (408) 362-2299 E-MAIL ADDRESS (Oplional) ATTORNEY FOR (Name) Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAaJNG ADDRESS'RY AND ZIP CODE San Jose CA 95113 BRANCH NAME Downtown Supenor Court PLAINTIFF: CITIBANK, N.A. PLD-C-001 FOR COURT USE ONL r DEFENDANT: KIET A HUYNH ~ DOES 1 TO HE COMPLAINT CONTRACT~ AMENDED COII)IPLAINT (Number)l H CROSS-COMPLAINT C] AMENDED CROSS-COMPLAINT (Number)l $ 10 339 47 CASE NUMBER Jurisdiction (check all that apply): CK ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000 HE 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): KIET A HUYNH 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 (nsme)l CITIBANK, N.A. (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe)l (3) HU other (specify): A National Banking Assomation organized and existing under and by virtue of the laws of the United States of Amenca b. ~ Plaintiff (name)l a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name of (spec(fy): except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) E3 an unincorporated entity (describe): b. ~ has complied with all licensing requirements as a licensed (specify)l 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 (descr(be)l (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (desc(ibe): (5) M other (specify): Form App cued for Optional Use Judic al Council of California If this form is used as e cross compla nt, plant ff means cross complainant and defendant means cross defendant COMPLAINT-Contract IIIIIIISIIIIINISNIIIII5IISIRIIIIISIII Page I of 2 code of cnii Procedure, 9 425 12 1421781.001 E-FILED 8/11/2020 5:35 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV369353 Reviewed By: L Del Mundo 20CV369353 SHORT TITLE CITI BANK, N.A. v, KIET A HUYNH CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) M 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)i 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 ioined under Code of Cwil 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 M 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 hved here when the contract was entered into. c. ~ a defendant lives here now. d. ~ the contract was to be performed here. e. ~ a defendant is a corporation or unincorporated association and its pnnmpal 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 CK Common Counts Other (specify): 9. QH Other allegations: On July 1, 2011, Citibank (South Dakota) N.A. merged into Citibank, N.Au with Citibank N.A. as the resulting and surviving national banking association. Citibank, N.A, is the current owner of this Citi Mastercard branded credit account and all rights to pursue collection from Defendant. 10. plaintiff prays for judgment for costs of suit; for such rehef as is fair, just, and equitable; and for a. DU damages of: $10,339.47 b. DLl interest on the damages (1) ~ according to the proof (2) [jQ at the rate of (specify): 0.0000 percent per year from (date)i March 19, 2020 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof d. ~ other (specify)i 11. [jQ The paragraphs of this pleading alleged on information and belief 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 Harmonv Oswald ¹312726 ITYPE OR PRiNT NAMEI (SfGNATURE OF PLAiNTiFF OR ATTORNEY) (ffyou wish to verify this pleading, affix a verification.) PLO C-001(R8 January 1,200TI COMPLAINT-Contract P808 2 81 8 1421781.001 SHORT TITLE: CITIBANK, N.A. v. KIET A HUYNH CASE NUMBER: PLD-C-001(2) FIRST (numoer) 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)i CITIBANK, N.A. alleges that defendant (name): KIET A HUYNH became indebted to DG plaintiff [K other (name)i or its predecessor in interest a. [K within the last four years (1) DQ on an open book account for money due. (2) DQ 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. Kj within the last ~ two years [K 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) M for money lent by plaintiff to defendant at defendant's request (5) QLj for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) ~ other (specify)i CC-2. $10,339.47 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof DG at the rate of 0 0000 percent per year from (date)i March 19, 2020 CC-3. C3 Plaintiff is entitled to attorney fees by an agreement or a statute of$ according to proof. CC-4. M Other: Page Page 1 of 1 Form Approved for Optional Uee Judic at Counai of California PLC-C-001(2) (Rev January 1, 2009] CAUSE OF ACTION-Common Counts Code of 0 vil Procedure,!I 425.12 www.couniiifo ca.gov 1421781.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATENIENT OF LOCATIONNENUE CASE NAME: CITIBANK, N.A. v. KIET A HUYNH, 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: 1861 Oakton Ct, San Jose CA 95148-1113 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 SigrYature of Plaintiff's Attorney Hunt 8 Henriques 142178L001