Complaint Limited 10K and 25KCal. Super. - 6th Dist.November 20, 2020E-FILED 11/20/2020 5:16 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373888 Reviewed By: R. Tien 20CV373888 PLD-c-om ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, seamBarnum andam Fan c un use ONLY Maria Bradish (288384) Jeremy Kimmclman (322958) Donna Aguirre (243510) 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, SteZlO, Santa Ana, CA 92704Ax~° _ _TELEPHONENQ M800506_2652 F .(Opumar). E-MAIL ADDRESS (Opbon ATTORNEY Fonmm):”Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara smEEr ADDREss; 191 North First Street MUNGADDRESS; 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: Monica Perez E Does 1 To CONTRACTE COMPLAINT E AMENDED cGMPLAINT (Number).- E caoss.compr-r D AMENDED caoss-cOMPLAINT (Number): Q ACTION Is A LIMITED clvn. cAsE “55mm“ Amount demanded E does not exceed $10.000 exceeds $10,000 but does not exceed $25,000E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)D ACTION IS RECLASSIFIED by thls amended complaint or cross-complaintE from limited to unlimitedE from unlimited to limited 1. Plaintiff" (name or names): JPMorgan Chase Bank N A alleges causw of action against defendant" (name ornames): Monica Perez 2. This pleading. including attachments and exhibits. consist of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adult IE °"°°P‘ P'aim‘fi (name): JPMor an Chase Bank, N.A. (1) Ea corporatlon qualified to do%usiness in California (2) Dan unincorporated entity (describe): (3) Ewe“ (599M395 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): \ 1 Jurlsdlctlon (check all that apply): w \ 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 defenda nt (name): E except defendant (name): (1) E a business organization. form unknown (1)a a business organization. form unknown (2)E a corporation (2)E a wrporation (3)E an unincorporated entity (describe): (3) E] an unincorporated entity (describe): (4)E a public entity (describe): (4)E a public entity (describe): (5) E other (specify): (5)E other (specify): ' If this lorrn ls used as a cross. r phimifi means aoss-u ' and means cmsml‘endanl. Page 1 o! 2 Fm"”pm” YP'OPuqna‘ 959 COMPLAINT-Contract Code or Civir Procedure. § 425. 12Judncnal Counal 01 California ‘ Pmcom [Rm Jammy 1' 2007] ‘Amarican LegalNel. Inc. . www.FonnsWarkflow.com PLD-C-001 SHORT mLE: CASE NUMBER JPMorgan Chase Bank, N.A. V. Monica Perez 4. 5. 6. 7. 8 9. Date. Brumage Phan-Huy__ Antonio Mario NOV 2 l] ZflZflMarqu- - > (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (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) [j Doe defendants (specify Doe numbers): 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): are persons whose capacities are unknown to D Plaintiff is required lo comply with a claims statute, and a. D has complied wlth applicable claims statutes. or b. D is excused from complying because (specify): D This action is subject to E Civil Code section 1812.10 D Civil Code section 2984.4. 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 D real property that'Is the subject of this action is located here. g. D other (specify): 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): U Breach ofContract m Common Counts E Other (specify): D 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: $ 10415.92 b. E intereston the damages * - - - _ _' ' (1)E according to proof Plamtlff walves post charge off pre Judgment mterest (2)E at the rate of (specify): percent per year from (date): c. D attorney'sfees (1)D of: $ (2)D according to proof. d. E other (special): *Plaintiff waives attorney’s fees 11. E The paragraphs of this pleading alleged on information and belief are as follows (special paragraph numbers): Maria Bradish__ Donna Aguirre_ Adam Shahine Jeremy Kimmelman Eric W (sanA'rURE 0F pLAINnePofiTTORNEY) (Ifyou wish to verify this pleading, affix a verification.) (TYPE 0R PRINT NAME) PLDC-DDI [Rev January 1. 2007] COMPLAINT_c°ntract page z or: PLD-C-001 (2) SHORT TITLE: CASE NUMBER: JPMorgan Chase Bank, N.A.V. Monica Perez FIRST CAUSE 0F ACTION-Common Counts (number) ATTACHMENTTO m Complaint E Cross-Complaint (Use a separate cause of action form for each cause ofaction.) 00-1- Plainfiff {name}: JPMorgan Chase Bank, N.A. alleges that defendant (name): Monica Perez becameindebtedto E plaintiff E other (name): a. E within the last four years (1) E 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 m two years m four years V (1) E 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 $D 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 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 (SpecifY): This cause of action relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiff having account number XXXXXXXXXXXX7327. CC-Z. $ 10415 92 ,which is the reasonabie value, is due and unpaid despite plaintiff‘s demand, plus prejudgment interest E according to proof D at the rate of percent per year from (date): *Plaintiff waives post charge-off pre-judgment interest CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statuteD 0f $ *Plaintiff waives attorney’s feesD according to proof. C04. D omen Page 3 Page 1 of 1 Form raved I010 fional U . _c Code of Civ'l Procedure, § 425.12 Judgemundldgalhmlase CAUSE OF ACTION ommon counts lwwweoudinfa.agov PLDOOOKZ) [Rem Janmry 1, 2009] Ameriwn LegaINet, Inc. www.FurmsWomflovmom