Complaint Limited 10K and 25KCal. Super. - 6th Dist.November 20, 2020E-FILED 11/20/2020 4:04 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373879 Reviewed By: R. Tien 20CV373879 PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, flats Barnumber, and adamss Maria Bradish (288384) Jeremy Kimmelman (322958) Donna Aguirre (2435 10) Adam Brumage (283180) Don Phan-Huy (309853) Antonio Mario Shahine (321281) Eric Marquez (33 1023) The Moore Law Group, APC, P.O. Box 25 145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 E MAIL ADDRESS (omens:- ATTORNEV FOR (Name).- Plainfifi‘ TELEPHONE NO: 800-506-2652 FAX NO. (Optional): SUPERIOR coum- 0F cALIFORmA, coum'v 0F Santa Clara STREET ADDRESS 191 North First Street mum; ADDRESS. San Jose CA 95 1 13 cmmmmp (mg- Santa Clara County - San Jose Courthouse BRANCH NAME: pLAINTIFF: JPMorgan Chase Bank, N-A- DEFENDANT: RichardM Resler E Does 1 To E COMPLAINT D AMENDED cOMPLAINT (Number).- E cRossaompLAm-r D AMENDED caoss-COMPLAINT (Number): CONTRACT Fm COURTUSE ONLY Jurlsdlctlon (check all that apply): E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by thls amended compialnt or cross-complaint ACTION Is A LlMITED cwn. cAsE “SE"UM‘E" Amount demanded E does not exceed $1 0.000 exceeds $10,000 but does not exceed $25,000 D tram limited to unlimitedE from unlimited to limited 4. Plaintiff (name or names): JPMorgan Chase Bank, N_A. afleges causes of action against defendant‘ (name or names): RichardM Resler This pleading. including attachments and emibits. consiss of the following number of pages: 3 a. Each plaintiff named above ls a competent adultE ““P‘ P'aint‘“ ("3””): JPMor an Chase Bank, N.A. (1) Ea corporation qualified to d0%usiness in California (2) Dan unincorporated entity (describe): ‘3) Ewe“ (Specify): National Bank organized under Federal Law b.E Plaintiff (name): a. :has 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. a. Each defendant named above is a natural person l: except defenda nt (name): E except defendant (name): (1)E a business organization. form unknown (1)E a business organization. form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated eniity (describe): (4)E a public entity (describe): (5) E other (specify): (5)E other (specifil): ' It lhis (um B wed as a m-complainl. plainlifl means aoss-oomuainanl and defendant means cm; Fm“Mm ‘.°'°P“°.“3‘ 5’53 COMPLAINT-ContractJudmal Counal oialumna PLDC-OO‘I [Rem Jammy 1. man (3)E an unincorpomted entity (describe): (4)E a public entity (describe): Pags1 012 Codeolcivll Procepure, § 425.12 Amariwn LeglNel. Inc. www.FonnsWadrflow.com PLD-C-OO1 SHORT TITLE: cAse NUMBER JPMorgan Chase Bank, N.A. V. Richard M Resler 4. (Continued) I b. The true names of defendants sued as Does are unknown to plaintiff. Q (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)a Doe defendants (specw Doe numbers): are persons whose capacities are unknown to 1 plaintiff. \ c. D Information 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 compiled with applicable claims statutes, or b. D is excused from complying because (speciM: 6. D This action is subject to E Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. E 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. E 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. E other (specifii): ' . r 8. The following causes of action are attached and the smtements above apply to each (each complaint must have one or ‘ more causes of action attached): . } E Breach of Contract m Common Counts E Other (special).- 9. [j 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: $ 2441 1 ,62 b. D intereston the damages * . . . _ _. . (1)D according to proof Plalntlff walves post charge off pre Judgment mterest (2)E at the rate of (special): percent per year from (date): c. D attomey'sfees (1)E of: S (2)D according to proof. d. E other {specifi/): *Plaintiff waives attomey’s fees 11. E The paragraphs of this pl/ading alleged on information and belief are as follows (specify paragraph numbers): Maria Bradish__ Donna Aguirre_ Adam Date Brumage_ Don Phan-Huy_ Antonio Mario .1 ' Shahine_ Jeremy Kimmelman_ Eric RSV 2 a 2928 Marquez_ > (WPE 0R PRINT NAME) WT (s1em‘rURE 0F pmanF 0R ATTORNEY) (lfyou wish to verify this pleading, affix a verification.) PLDC-om (Rev. January 1. 2007] COMPLAINT_c°"tract page 2 or 2 PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: JPMorgan Chase Bank, N.A.V. Richard M Resler FIRST CAUSE OF ACTION-Common Counts (numer) ATTACHMENTTO m Complaint E Cmss-Complaint (Use a separate cause of action form for each cause ofaction.) 001. Plaintiff (name): JPMorgan Chase Bank, N.A. alleges thatdefehdant (name): RichardM Resler became indebted to 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 last 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, servica and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.E the sum of $D the reasonable value. (3) D 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 plaintiff to defendant at defendant's request. (5) E for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) E Other {Specify} This cause of action relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiff having account number 6 1 24. CC-Z. $ 24411 62 .which is the reasonable value, is due and unpaid despite plaintiff‘s demand. plus prejudgment interest D according to proof D at the rate of percent per year ‘ “Om (date): *Plaintiff waives post charge-offpre-judgment interest CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute [j 0f $ *Plaintiff waives attorney’s feesE according to proof. cc4. E omen Page 3 Page 1 of 1 Form Approved [or 0 lional Use c Code of Civil Procedure. §425. 12 JudidaICouncllof (plalflomla CAUSE OF ACTION ommon counts www.couninloagov Pw~ooo1(2) [Rem January 1, 2009] Amen-n LegalNel, Inc. - www.FormWomflow.corn