Complaint Limited Up to 10K

Cal. Super. - 6th Dist.November 20, 2020

ATTDRNEY DR pARTY wtTHDUT ATTQRNEY (Name, state Bar numoer and address) Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 [ I Anthony DiPiero ¹268246 7017 Realm Dr San Jose CA 95119 TELEPHONE No (800) 680-2426 E.MAIL ADDRESS (Optional) ATTORNEY FOR (Namei Plaintiff FAX NO (Opt oner) (408) 362-2299 FIAINTIFF: Capital One Bank (USA), N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 1st North First Street MAILING ADDRESS CITY AND ZIP CODE San Jose CA 95113 BRANcH NAME Downtown Supenor Court PLD-C-001 FOR COURT USE ONL Y DEFENDANT. DAVID 6 KIM M DOES I To DE COMPLAINT CONTRACT~ AII(IENDED COMPLAINT (Number)r H CROSS-COMPLAINT M AINENDED CROSS-COMPLAINT (Number)( $4 226 64 CASE NUMBER 1. Plaintiff (name or names): Capital One Bank (USA), N.A. Jurisdiction (check afi that appiy)(~ 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 alleges causes of action against defendant* (name or names): DAVID S KIM 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 C20 except plaintiff (name). Capital One Bank (USA), N.A. (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) ~ other (specify): A National Banking Assodation 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)l (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (descnbe) 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) C7 a public entity (describe): (5) ~ other (specify): Form Approved for Opt onal Use Judiaal Counal of Californ a If th s form s used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant COMPLAINT-Contract IIIIII llllflllllfNllfmllllllllmlllllllllll II Page I of 2 Code of Civil P ocedure, 1 425 12 1 400670.001 E-FILED 11/20/2020 11:56 AM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373847 Reviewed By: R. Tien 20CV373847 SHORT TITLE Capital One Bank (USA), N.A. v DAVID S KIM 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): 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 (specify): 6. MThisactionissubjectto H Civil Codesection1812.10 H Civ(ICodesection2984.4. 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. ~ a defendant lives here now. d. ~ 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)7 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 DE Common Counts Other (speciiy): 9 C3 Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is tair, just, and equitable; and for a. ~ damages of: $4,225.64 b. DE interest on the damages (1) ~ according to the proof (2) Col at the rate of (specify): 0.0000 percent per year from (date): August 15, 2019 c. ~ attorney's fees (1) &of: $ (2) ~ according to proof. d. ~ other (specify): 11. ~ The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): CC-I .a. (I ), CC-1.a. (2), CC-I.b. (4), CC-I.b. (5) Date: November 17, 2020 Anthonv DiPiero 0268246 (TYPE OR PRINT NAME( (SIGNATURE OF PLAINTIFF OR ATTORNEY( (if you wish to verify this pleagvig, affix a veniication.) COMPLAINT-ContractPLO-C-001(ne January i 2007] Page 2 of 2 1400670.001 SHORT TITLE: Capital One Bank (USA), N.A. v. DAVID S KIM CASE NUMBER: PLD-C-001(2) FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENTTO Kl Complaint M Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Capital One Bank (USA), N.A. alleges that defendant (name): DAVID S KIM became indebted to DE plaintiff M other (name): a. M within the (1) DQ 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. CE within the (1) H (2) H (3) (4) W (6) last D two years ~ four years for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and matenals 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. for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff C3 the sum of $ C3 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) 2 CC-2. $4,225.64 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus preiudgment interest M according to proof IJLI at the rate of 0 0000 percent per year from (date): August 15, 2019 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H ot$ according to proof. CC-4. M Other: Page Page 1 of 1 Form Approved for optional uae Judiaai Counc I of Califom a PLc-c-pof(2) (Rev January 1, 2009( CAUSE OF ACTION-Common Counts Code of evil Procedure, 9 429 12 www coumnfo ca go 1400670.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Capital One Bank (USA), N.A. v. DAVID S KIM, 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 Zip Code (or nearest major intersection) 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: APT 129, SAN JOSE CA 951 16-2057 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. 7 DATED: November 17, 2020 Si ature of Plaintiff's Attorney unt & Henriques 1 400670.001