Complaint Limited Up to 10KCal. Super. - 6th Dist.November 20, 2020E-FILED 11/20/2020 11:57 AM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373845 Reviewed By: R. Tien 20CV373845 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name,Stals Barnumwr, and addmss): FOR comeruse ONLY Maria Bradish (288384) Jeremy Kimmelman (322958) Donna Aguirre (2435 10) Adam Brumage (283 180) Don Phan-Huy (309853) Antonio Mario Shahine (32128 1) Eric Marquez (331023) The Moore Law Group, APC, P.O. Box 25 145, Santa Ana, CA 92799, 3710 S Susan Street, Ste 210, Santa Ana, CA 92704 TELEPHONE No 800_506_2652 FAX No. (Optional): E MAIL ADDRESS (Opnmafl' ATTORNEY Fonmm); Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara STREETAnom 191 North First Street MNLINGADDREss; San JOSC CA 95 1 13 crrYANo ZIP cone Santa Clara County - San Jose Courthouse BRANCH NAME PLA'NT'FF‘ JPMorgan Chase Bank, N.A. DEFENDANT: James Mclean E Doss 1 ‘ro CONTRACTm COMPLAINT E AMENDED COMPLAINT (Number): Ecaoss£ompwm E AMENDED caoss-COMPLAINT (Number): Jurisdiction (check all that apply):m ACTION Is A LIMITED CIVIL CASE Amount demanded does not exceed $1 0.000 exceeds $10,000 but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)D ACTION IS RECLASSIFIED by this amended complaint or cross-complaintD from limited to unlimitedE from unlimited to limited 1, Plaintiff (name ornames): JPMorgan Chase Bank N A alleges muses of action against defendant‘ (name or names): CASENUMBER James Mclean 2. This pleading. including attachments and exhibits. consiss of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adultm ”W” P'aint‘“ (name): JPMor an Chase Bank, N.A. (1) Ea corporation qualified to do'%usiness in California (2) Dan unincorporated entity (describe): (3) @mhe' (59mm: National Bank organized under Federal Law b. EPlaintiff (name): . a. Shes complied with the fictitious business name laws and is doing business under the fictitious name (specify): b-E has complied with all licensing requirements as a licensed (specify): c.E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personE except defendant (name): E except defendant (name): (1)E a business organ'zation. form unknown (1)E a business organization. form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)a an uninCOI'POl‘ated entity (describe): (4)E a public entity (describe): (4) El a public entity (describe): (5) D other (special): (5)E other (specify): ' If lhis (om Is used as a cmss-complaim, plaintiff means aoss-oomplainanl and defenmnl means crcc' ' ‘ ‘ Page 1 o! 2 Fflmrgfé$mfifgngse COMPLA’NT-Contract Code o!cm Proceoure. § 425‘ 12 PLD 1 [Rem January 1' l Ameri-n LagalNet. Inc. www.FomsWorkflow.com PLD-C-001 SHORT TITLE: CASE NUMBER JPMorgan Chase Bank, N.A. V. James Mclean 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E 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)D Doe defendants (specifi/ Doe numbers): . are persons whose capacities are unknown to plaintiff. c. E Infon'nation about additional defendants who are not natural persons is contained in Attachment 4c. d. E Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. E Plaintiff is required lo comply with a claims statute, and a. D has complied with applicable claims statutes. or b. D is excused from complying because (specify): 6. D This action is subject to E Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b. E a defendant lived here when the contract was entered into. c_ a defendant lives here now. d. the contract was to be performed here. e. E a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real property that'Is the subject of this action”Is located here. g. E other (speciiy): 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): . E] Breach ofContract m Common Counts - D Other (speciM: 9. D Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just. and equitable; and for a. m damages of: $ 4067,23 b. E intereston the damages (1)E accordingto proof (2)D at the rate of (special): percent per year from (date): c. E attorney'sfees (0E of: $ V (2)D according to proof. d. E other (specify): *Plaintiff waives post charge-offpre-judgment interest *Plaintiff waives attorney’s fees 11. E The paragraphs ofthis pleading alleged on information and belief are as follows (specifi/ paragraph numbers): Maria Bradish_ Donna Aguirre_ Adam Date Brumage on Phan-Huy_ Antonio Mario ' Jeremy Kimmelman_ Eric WNOV 1 9 2m Mafia; X (TYPE OR PRINT NAME) (SlGNATURE 0F PLA|NT1FF 0R ATM) (Ifyou wish to verify this pleading, affix a verification.) ~ mumm [Rem January 1. 2007) COMPLAINT_c°ntract page 2 g: 2 PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: JPMorgan Chase Bank, N.A.V. James Mclean FIRST CAUSE 0F ACTION-Common Counts (number) ATTACHMENTTO m Complaint D Cross-Complaint (Use a separate cause of action form for each cause ofaction.) CC-1. Plaintiff (name): JPMorgan Chase Bank, N.A. alleges thatdefendant (name): James Mclean becameindebtedto E plaintiff E other (name): a. E within the last four years (1) m on an open book account for money due. (2) m 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. m within the iast E two years m four years ‘(1) D for money had and received by defendant for the use and benefit of plaintiff. (2) E for work, labor, services and maten'als rendered at the special instance and requast of defendant and for which defendant promised to pay plaintiff.D the sum of $D the reasonable value. (3) E for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD the sum of $E the reasonable value. (4) ® for money lent by plaintiff to defendant at defendant's request. (5) m for money paid, laid out, and expended to or for defendant at defendant’s special instance and request. (5) E Other (Specifi'): This cause of action relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiff having account number XXXXXXXXDQRXS43 3 . CC-2. $ 406-7 23 ,which is the reasonable value, is due and unpaid despite plaintifi‘s demand, plus prejudgment interest E according to proof E at the rate of percent per year from (date)? *Plaintiff waives post charge-off pre-judgment interest CC-3. D Plaintiff is entitled 10 attorney fees by an agreement or a statuteE 0f $ *Plaintiff waives attorney’s feesE according to proof. 004. D omen Page 3 Page 1 of 1 Form roved '01 O fional Use c . Code of Civil Procedure, § 425. 12Judgcwnd} o! galifomla CAUSE OF ACTION ommon counts www.counmro.ca.gov PLD»C-001(2) [Rev. January 1, 2009} Amenwn LegalNel, Inc, www.FonnsWamflow.com