Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.November 20, 2020ATTORNEY OR PARTY IM7HOUT ATTORNEY (Name, State Bar numbe and address) BRADLEY R. CHIBOS, ESQ. (State Bar ff 88091) 999 W TAYLOR STREET, SUITE B, SAN JOSE, CA 95126 FOR COURT USE ONLY PLD-C-001 FAx No (Oplionag (408) 292-71 8 I MAiLING ADDRESS DRY AND zip coDE San Jose, CA 95 I I 3 BRANCH NAME'LAINTIFF: NATALIE T. DAPRILE DEFENDANT: MAZEN LAIMON TELEPHONE No (408) 998- I 694 E-NIAIL ADDRESS (Opt onall A~~oR~EYFoR(Nem.l NATALIE T. DAPRILEr Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTy OF SANTA CLARA sTREET ADDREss I 9 I North First Street ~x DOES 1 TO 10 [ x I COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number)( ~ CROSS COMPLAINT ~ AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply)(~ ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000~ exceeds $10,000 but does not exceed $25,000 ~x 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): NATALIE T, DAPRILE CASE NUMBER: alleges causes of action against defendant (name or names): MAZEN LAIMON 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~ except plaintiff (name): (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) ~ other (specify): b. ~ Plaintiff (name): NATALIE R. F)APRILE a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name (specify)i ~ except defendant (name)i (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): b. ~x has complied with all licensing requirements as a licensed (specify): ATTORNEY AT LAW 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)i (5) ~ other (specify)i (4) ~ a public entity (describe): (5) ~ other (specify)i Form Approved for Optional Use Judioel Counol of Caleornia PLD-C-001 IRev January I, 2007I Page I of 2 Code of evil Procedure, 1 425 12 Lextspcxrsdgd uiomaied California Judicial Counctl Fornrs If this form is used as e cross-complaint, plaint If means cross-complainant and defendant means cross-defendant COMPLAINT-Contract E-FILED 11/20/2020 3:01 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373872 Reviewed By: R. Tien 20CV373872 SHORT TITLE DAPRILE VS. LA)MON CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) X Doe defendants (specify Doe numbers): I TO 5 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) x Doe defendants (specify Doe numbers): 6 TO 10 are persons whose capacities are unknown to plaintiff. c. ~ Information about additional defendants who are not natural persons is contained in Attachment 4c. d ~ Defendants who are joined under Code of Ciwl procedure section 382 are (names)i 5. ~ Plaintiff is required to comply with a claims statute, and a. ~ has complied with apphcable claims statutes, or b. ~ is excused from complying because (specify): 6. H This action is subject to Cl Civil Code section 1812.10 H Civil Code section 2984.4. 7. This court is the proper court because a. ~x a defendant entered into the contract here. b. a defendant lived here when the contract was entered into. c ~x a defendant lives here now. d. Mx 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): 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): Mx Breach of Contract Mx Common Counts M Other (specify)i 9. ~ Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. x damages of: $ 25,329,24 b. x interest on the damages (1) ~ according to proof (2) ~x at the rate of (specify). 10 percent per year from (date)i October 15, 2020 c. x attorney's fees (1) [x j of: $ 1,400,00 (2) ~ according to proof. d. ~x other (specify): DEFENDANT WAS SENT A NOTICE OF CLIENT'S RIGHT TO ARBITRATION ON 10-15-2020 TO WHICH HE DID NOT RESPOND. 11. ~ The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date. November 20, 2020 BRADLEY R. CHIBOS, ESQ. (TYPE OR PRINT NAME) PLO-0-001 IRay January 1, 2007] (if you wish to verify this pleading, affix a verification.) COMPLAINT-Contract Paga2of2 Lexis¹xisgg A utomoied ColryoruJo dudrciol Couucyl Fonna SHORT TITLE: DAPRILE VS. LAIMON CASE NUMBER PLD-C-001(1) CAUSE OF ACTION-Breach of ContractFIRST tn mnerl ATTACHMENT TO K Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff (name): NATALIE T. DAPRILE alleges that on or about (date)r March 3, 2020 a ~x written ~ oral C7 other (specify)r agreement was made between (name parties to agreement): NATALIE R. DAPRILE and MAZEN LAIMON. A copy of the agreement is attached as Exhibit A, or ~x The essential terms of the agreement ~ are stated in Attachment BC-1 ~x are as follows (specify): PLAINTIFF PROVIDED LEGAL SERVICES TO DEFENDANT FOR WHICH DEFENDANT AGREED TO PAY. BC-2. On or about (dates): October 15, 2020 defendant breached the agreement by H the acts specified in Attachment BC-2 Hx the following acts (specify): FAILING TO PAY AS AGREED. BC-3. Plaintiff has perfo'rmed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement as stated in Attachment BC-4 CX] as follows (specify): FAILING TO RECEIVE THE SUM OF $25,329.24. BC-5. ~x Plaintiff is entitled to attorney fees by an agreement or a statute ~x of $ ],400.00 M according to proof. BC-6. ~ Other: Form Approved for Optional Uae Jud clat Counal of California PLO-C-001(1 I [Rev dancers 1, 2007] Page 3 Page Iofl Code of Cnfl Procedure, 5 425 12 www couninto.ca.gov Lexisfdexfsgprfufomafed Caftyornra frrdrcfof Council pawns CAUSE OF ACTION-Breach of Contract SHORT TITLE: DAPRILE VS. LAIMON CASE NUMBER: PLD-C-001(2) SECOND CAUSE OF ACTION-Common Counts (numbei) ATTACHMENT TO x Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): NATALIE T. DAPRILE alleges that defendant (name): MAZEN LAIMON became indebted to x plaintiff ~ other (name)i a. ~x within the (1) x (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 ~x within the (2) x (3) (4) (6) (6) last two years ~x four years for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. x the sum of $ 25,329.24 the reasonable value. for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of $ 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): CC-2. $ 25,329.24 , which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest ~ according to proof x at the rate of ] 0 00 percent per year from (date): October 15, 2020 CC-3. X Plaintiff is entitled to attorney fees by an agreement or a statute ~x of $ 1,400,00 according to proof. CC-4. x Other: CIVIL CODE SECTION 1717.5 PROVIDES FOR ATTORNEY FEES ON OPEN BOOK ACCOUNTS. Page 4 Form Approved for optional Uae Judiaal Council of California PLC 0-001(2) (Rev. Januafr 1, 2009) CAUSE OF ACTION-Common Counts Pane1of1 Code of Ovil Procedure, 5 425 12 www couitinfo ca go Lexts¹xisfaAufoniptedcalifornia dudfcial counctl Fornts