Complaint Limited 10K and 25K

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

E-FILED 11/20/2020 5:06 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373885 Reviewed By: R. Tien 20CV373885 PLD-C-001 ATTORNEY 0R PARTY wn'Hour ATTORNEY (Name, sate Barnumbar, mam“). Maria Bradish (288384) Jeremy Kimmclman (322958) Donna Aguirre (243510) Adam Brumage (283 180) Don Phan-Huy (309853) Antonio Mario Shahinc (321281) Eric Marquez (33 1023) The Moore Law Group, APC, P.O. Box 25145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92701AXND _ _TELEPHONE N0 800_5O6_2652 .(Oprmal). E-MAIL ADDRESS (cpuonal): A'rmRNEv FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS 191 North First SUCCt MAILING ADDREss; san JOSC CA 951 13 cm AND z": CODE; Santa‘Clara County - San Jose Courthouse BRANCH NAME: PLA'NT'FF‘ JPMorgan Chase Bank, N.A. DEFENDANT! Nguyen T Tran E DOES 1 To CONTRACTE COMPLAINT E AMENDED cOMPLAmT (Number): E caosscompLAm-r E AMENDED caoss-cOMPLAmT (Number): FOR COURT USE ONLY Jurisdiction (check all that apply):m ACTION ls A LIMITED CIVIL CASE Amount demanded E does not exceed $1 0.000E exceeds $10,000 but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL cAse (exceeds $25,000)E ACTION lS RECLASSIFIED by thls amended complaint or cross-complaintE from limited to unlimitedD from unlimited to limited CASE NUMBER 1. Plaintiff‘ (name or names): JPMorgan Chase Bank NA alleges causes of action against defendant‘ (name or names): Nguyen T Tran 2. This pleading. including attachments and exhibits. consiss of the following number of pages: 3 3. a. Each plaintiff named above is a competent adultE ”‘9‘" P'ainfi“ (name): JPMor%an Chase Bank, N.A. (1) Ea wrporatlon quallfied to do usmws in Califomia (2)E an unincorporated entity (describe): (3)Em” “pew”: National Bank organized under Federal Law b.E Plaintiff (name): a.E 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. 4. a. Each defendant named above is a natural personE except defendant (name): (1) E a business organ'zation. form unknown E except defendant (name):(1)E a business organization. form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (4)E a public entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (5) E other (special): (5)E other (specify): ' ll this (om Is used as aems I, Inl. plainlm means cross-comuainanl and ‘ meats arcs: Page 1 of Z Fflmfigfigfigfigfigfige COMPLAINT-Contract Code orcm Procedure. § 425. 12 pLo-com (Rev. January 1. 2007] Ameriwn LagalN el. Inc. www.FomsWalkflow.com PLD-C-001 SHORT TnTLE: JPMorgan Chase Bank, N.A. V. Nguyen T Tran CASE NUMBER 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe defendants (specify Doe numbers): defendants and acted within the scope of that agency or employment. (2)E Doe defendants (specifi/ Doe numbers): are persons whose capacities are unknown to plaintiff. were the agents or employees of the named c. D Information about additionél defendants who are not natural persons is contained in Attachment 4c. d_ D 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. E has complied with applicable claims statutes, or b. E is excused from complying because (specim: 6. D This action is subject to E Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because a. E a defendant entered into the contract here. b. E 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 unincorpomted association and its pn‘ncipal place of business is here. } f D real property that |s the subject of this action Is located here € g. E other (specify). 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more cau'ses of action attached): . E Breach ofContract m Common Counts D Other(speciry): 9. D Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just. and equitable; and for a- E damages of: $ 17518.50 b. [j intereston the damages * - - - _ _. . (1)E according to proof Plalntlff walves post charge off pre Judgment mterest (2)D at the rate of (specifil): percent per year from (date): c. D attorney's fees *Pl - - - aalntlff wa1ves attorne s fees (1):] or: s y (2)E according to proof. d. E other (specify): 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Maria Bra 'sh_ Donna Aguirre_ Adam Date. Brumage on Phan- Huy_ Antonio Mario ' Shahi Jeremy Kimmelman_ Eric NW 2 g 2mm _ HYPE 0R PRINT NAME) / (SIGNKfiJRE 0F PLAINTIFF TORNEY)(Ifyou wish to verify this pleadin affx a verification.) PLDc-om [Rem January 1. 2007] COMPLAINT_contract page 2 o! 2 PLD-c.001(2) SHORT TITLE: CASE NUMBER: JPMorgan Chase Bank, N.A.V. Nguyen T Tran FIRST CAUSE OF ACTION-Common Counts (number) ATI'ACHMENTTO E Complaint E Cmss-Complaint (Use a separate cause of actr‘on form for each cause ofaction.) \ CC~1. Plaintiff (name): JPMorgan Chase Bank, N.A. alleges thatdefendant (name): Nguyen T Tran becameindebtedto E plaintiff D 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. m within the last D two years m four years (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) D 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) D for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintifiD the sum of $E the reasonable value. (4) m for money lent by plaintiff lo 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. (5) E Other (SPGCW): This cause of action relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiff having account number XXDQQQCXXXXXX2884. CC-2. $ 175 1 8 50 ,which is the reasonable value. is due and unpaid despite plaintiffs demand, plus prejudgment interest D according to proof D 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 feesD according to proof. 604. E omen Page 3 Page 1 o! 1 Form raved lor 0 l'onal U . c Code of Civ'l Procedure. 42512Judgpaemuncilolga'lflomlase CAUSE 0F ACTION ommon counts lwwwoouninfg.m.gov PLD-OOOKZHREV. Jammy 1, 2009] Amenun LegaINeI, Inc. www.FormsWork/lcwsom