Complaint Limited 10K and 25K

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

ATTORNEY OR PARTY WITHOUT ATTORNE Y (Name, Stale Bar number, and addressj Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 I ) Adam Kidd ¹328520 7017 Realm Dr. San Jose CA 95119 TELEPHONE No (800) 680-2426 E-MAIL ADDRESS (Oplionalj ATTORNEY FOR (Nemej Plaintiff FAX NO (Opt onslj (408) 362-2299 STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND zfp coDE San Jose CA 95113 BRANGH NAME Downtown Supenor Court PLAINTIFF JPMorgan Chase Bank, N.A SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONL Y DEFENDANT ANIL 8 PONNAM M DOES I TO ~ COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number)r M CROSS-COMPLAINT H AMENDED CROSS-COMPLAINT (Number)r $10,370.72 1. Plaintiff" (name or names): JPMorgan Chase Bank, N.A. Jurisdiction (check all that apply)r~ 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 defendants (name or names): ANIL B PONNAM 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): JPMorgan Chase Bank, N,A. (1) ~ a corpo ation qualified to do business In California (2) ~ an unincorporated entity (describe): (3) QQ other (specify): A National Banking Association organized and existing under and by virtue of the laws of the United States of Amenca b. ~ Plaintiff (name)( a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name ot (specify) except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (descnbe): b. ~ has compked with all kcensing requirements as a kcensed (specify): c. ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 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 (descnbe): (4) ~ a public entity (descnbe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) M other (specify): Form Approved for Optional Use Juste al Counoi of Caldornia PL(HO-oot IRe Januaw I 2007] If this form is used as a cross-complaint plaint ff means cross-complainant and defendant means cross-defendant COMPLAINT-Contract IINIIII IIIII IIIININIIIIIINlflllllllNIIIIH Page I of2 Code of Civil Procedure 9 425 12 1436106.001 E-FILED 11/20/2020 11:58 AM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373851 Reviewed By: R. Tien 20CV373851 SHORT TITLE JPMorgan Chase Bank, N.A. v. ANIL 8 PONNAM 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)J 6. H This action is subject to H 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 lived here when the contract was entered into. c. ~ a defendant hves here now. d. ~ the contract was to be performed here. e. ~ a defendant is a corporation or unincorporated association and its pnncipal 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 Common Counts Other (specify)r 9. ~ Other allegations. 10. Plaintiff prays for iudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. ~ damages of: $10,370 72 b. C}E interest on the damages (1) ~ according to the proof (2) C}H at the rate of (specify): 0.0000 percent per year from (date): January 31, 2020 c. ~ attorney's fees (1) M of: $ (2) ~ according to proof d. ~ other (specify)r 11. ~ The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: November 19, 2020 Adam Kidd ¹328520 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (lf you wish to verity this pleading, affix a verification.) PLO-C-00((RevJaaaan 1,2007) COMPLAINT-Contract Page2o(2 1436106.001 SHORT TITLE: JPMorgan Chase Bank, N.A. v, ANIL B PONNAM CASE NUMBER; PLD-C-001(2) FIRST fnumuer) CAUSE OF ACTION-Common Counts ATTACHMENT TO [JLj Complaint E3 Cross - Complaint (Use a separate cause oi action form for each cause oi action.) CC-1. Plaintiff (name): JPMorgan Chase Bank, N.A. alleges that defendant (name): ANIL B PONNAM became indebted to DE plaintiff M other (name)f a. (TL) within the (1) (JLj (2) 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. W within the (1) (2) D (3) D (4) O (6) O (6) last M two years Cj 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 M the sum of $ M 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. $10,370.72 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest LJ according to proof (JL) at the rate of 0 0000 percent per year from (date): January 31, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute C] of$ according to proof. CC-4. M Other: Page Page 4 of 4 Form Approved for Optional Uce Judiaal Counol of Caefornia PLC-0-001(2i lsev January 1, 2009I'AUSE OF ACTION-Common Counts Code of C I Procedure, 0 425 12www couninfo ca gov I 436106.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: JPMorgan Chase Bank, N.A. v. ANIL B PONNAM, 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: 2944 SIERRA RD, SAN JOSE CA 95132-2755 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: November 19, 2020 Signature of Plaintiff's Attorney Hunt & Henriques 1436106 001