Complaint Limited 10K and 25K

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

E-FILED 11/20/2020 3:53 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373877 Reviewed By: R. Tien 20CV373877 PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Barnumnar, and address).- Fon counrusE ONLYMaria Bradish (2883 84) Jeremy Kimmelman (322958) Donna Aguirre (2435 10) Adam Brumage (283 180) Don Phan-Huy (309853) Ryota Isozaki (321040) Antonio Mario Shahine (321281) The Moore Law Group, APC, P.O. Box 25145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 _TELEPHONE Ma 800_506_2652 FAX N0. (aprnnal). E~MA|L ADDRESS (Oph'onal): ATTORNEY FOR (Name).- Plaintiff SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F Santa Clara sTREET ADDRESS 191 North First Street MAIUNGAQDREss: san Jose CA 951 13 cm, AND ZIP CODE; Santa Clara County - San Jose Courthouse BRANCH NAME: PLA'NT'FF: JPMorgan Chase Bank, N.A. DEFENDANT: Debra Evans D DOES 1 To CONTRACTE COMPLAINT E AMENDED cOMPLAmT (Number): E cRoss.compLAmT D AMENDED CRoss-COMPLAINT (Number).- Jurlsdlctlon (check all that apply):m ACTION IS A LIMITED CIVIL CASE Amount demanded E 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 thus amended complaint or cross-complaint Efrem limited to unlimitedE from unlimited to limited 1. Plaintiff” (name or names): JPMorgan Chase Bank N A CASE NUMBE! alleges causes of action against defendant‘ (name ornames): Debra Evans 2. This pleading. including attachments and exhibits, consiss of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adult _E except P'ainfiff (name): JPMor an Chase Bank, N.A. (1) Ea corporatlon quallfled to do uslness in California (2)E an unincorporated entity (describe): (3) @othe' “pew”: National Bank organized under Federal Law b.E PIaintiff (name): a. Ehas 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): D except defendant (name): (1) E a business organ'zatlon. form unknown (1)E a business organization. form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (descnbe): (4)E a public entity (descn'be): (5) E other (specify).- . (5)E other (Specify): , ' If lhis (own Is used as a mmnplalnl. plaintiff means anss- and ‘ means ems: ' Page 1 o! 2 F%fléfigfiéfl’ygfifoflge COMPLAINT-Contract Code or oivn Procedure. 5 425. 12 Pw‘coo‘l [Rem January 1. 2007] Amefiwn LawlNel. Inc. www.FormsWorkflawsom PLD-C-001 SHORT TITLE: JPMorgan Chase Bank, N.A. V. Debra Evans CASE NUMBER: 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe defendants (speciW Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2)E Doe defendants (specify Doe numbers): plaintiff. c. E Information about additional defendants who are nol natural persons is contained in Attachment 4c. d. E Defendants who are joined under Code of Civil Procedure section 382 are (names): ' are persons whose capacities are unknown to 5. E Plaintiff is required lo comply with a claims statute, and a. E has compiled with applicable claims statutes. or b. E is excused from complying because (speciM: 6. D This action is subject to D Civil Code section 1812.10 E Civil Code section 2934.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b. D 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. D a defendant is a corporation or unincorporated association and its principal place of business is here. f. E real property that is the subject of this action is located here. g. D other (speciM: ' ‘ I . 8. The following causes of action are attached and the statements above apply to each (each complain! must have 6ne or more causes ofaction attached): . D Breach of Contract m CommOn Counts D Other(speciry): 9. E Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair. just. and equitable; and for a. g damages of: $ 21456_77b. interest on the damages * . . . _ _. . (1)E according to proof Plalntlffwalves post charge offpre Judgment 1nterest (2)E at the rate of (speciM: percent per year from (date): c. E attorney'sfees *Pl . . . ,alntlffwalves attorne s fees <1)D or: s y d. D other (specify): 11. E The paragraphs of this p! ding alleged on information and belief are as follows (specify paragraph numbers): Maria Bradish Jeremy Kimmelman_ Donna Aguirre_ Adam Brumage_ Don Phan- Nflf?ezfl 2020 Huy_ Ryota Isozaki_ Antonio MarioShahine_ } (TYPE 0RPmm NAME) > V(SuGNAmRE 0F PLAINTIFF 0R ATTORNEY) (Ifyou wish to verify this pleading, affix a vefification.) i w \ w w i (2)E according to proof. PLDCW [Rev January 1. 20071 _ ' ~ COMPLAINT-Contract I _ Page i orz PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: JPMorgan Chase Bank, N.A.V. Debra Evans FIRST CAUSE OF ACTION-Common Counts (number) A'lTACHMENTTO m Complaint E Cross-Complaint (Use a separate cause of action form for each cause ofaction.) 00-1. Plaintiff (name): JPMorgan Chase Bank, N.A. alleges that defendant (name): Debra Evans becameindebtedto E plaintiff m other (name): a. m 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. within the last D two years E 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 materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.D the sum of $E the reasonable value (3) E for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintifiE the sum of $E the reasonable value. (4) [E for money lent by plalntiff 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. (6) E Other (SPGCW): This cause of action relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiff having account number XXXXXXXXXXXX329 1 . CC-2. $ 21456 77 ,which'Is the reasonable value. is due and unpaid despite plaintiff‘s demand, plus prejudgment interest D according to proof [j at the rate of percent per year "0m (date): *Plaintiff waives post charge-off pre-judgment interest CC-3 D Plaintiff'Is entitled to attorney fees by an agreement or a statuteE of$ *Plaintiff waives attorney’ s feesE according to proof. cc4. E omen ‘ Page 3 . . . . Page 1 of 1- Form rowed (or 0 fional Use . c Code of Civ'l Procedure. §425.12JudgCOunciloléalflomIa CAUSE OF ACTION ommon counts [wwwum'nfmagov PLD-GOOI(2) [Rev. January 1, 2009] Amen-n LegalNet. Inc. www.anBWamflowLDm