Complaint Limited 10K and 25KCal. Super. - 6th Dist.November 20, 2020E-FILED 11/20/2020 5:20 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373889 Reviewed By: R. Tien 20CV373889 PLD-C-001 ATTORNEY 0R pARry WITHOUT ATTORNEY (Name, scare Barnumner, and address): 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 ~ TELEPHONE No. 800_506_2652 FAX ~o. (Opnanar). E-MAu. ADDRESS (Optional): AT10RNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS; 191 North First Street MNLINGADDREss- san JOSC CA 951 13 cm, AND mp CODE; Santa Clara County - San Jose Courthouse BWCH NAME: PWNT'FF? JPMorgan Chase Bank, N.A. DEFENDANT: Nghi G Le E DOES 1 TO CONTRACTE cOMPLAINT E AMENDED cOMPLAINT (Number): E cRoss.c0MPLAm1-' E AMENDED CROSS-COMPLAINT (Number): FOR COURT USE ONLY Jurisdiction (check all that apply):E ACTION IS A LIMITED CIVIL CASE Amount demanded E does not exceed $10.000E exceeds $10.000 but does not exceed $25,000E ACTION Is AN UNLIMITED cnvn. CASE (exceeds $25,000)D ACTION ls RECLASSIFIED by |hls amended complaint or cross-complaintD from limited to unlimitedE from unlimited to limited CASE NUMBER 1, Plaintiff“ (name or names): JPMorgan Chase Bank N A alleges causes of action against defendant‘ (name or names): Nghi G Le 2. This pleading. including attachments and exhibits. consist of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adultE °"°°P‘ P‘a'm‘fimame)‘ JPMor an Chase Bank, N.A. (1) Ea corporation quallfied to do%uslness'in California (2) San unincorporated entity (describe): (3) Ema“ “Pew”: National Bank organized under Federal Law b.E Plaintiff (name): a. E has complied with the fictitious business name laws and is doing businws under the fictitious name (specify): b- [j 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 personD except defendant (name): E except defendant (name): (1) D a business organ'zation. 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 (describe): (4)E a public entity (describe): (5) E other (specify): (5)E other (specifw: ' If this (orm is used as a cross-complalnl, plaintiff means aoss-oomplainan! and defenmnt means crossdefendanl. Page 1 0! 2 Fm" APPMB" {proqua' 953 COMPLAINT-Contract Code or civn Procedure. § 425. 12Judmlal Counul of Cahfcmra PLD-C‘OO‘I [Rem Jammy 1, 2007] ‘Amen‘wn LagalNel. Inc. www.FonnsWorkflow.com PLD-C-OO1 SHORT 11115: CASE NUMBER IPMorgan Chase Bank, N.A. V. Nghi G Le 4. (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)E Doe defendants (specifi/ Doe numbers): are persons whose capacities are unknown to 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. D 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 (specify): 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 coun 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. 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 (special): - 8 The following causes of action are aflached and the statements above apply to each (each complaint must have one or more causes of action attached): D Breach of Contract m Common Counts D Other (specify): 9. D Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just. and equitable; and for 3- E damages of: $ 10479.09 b. E intereston the damages * - - - _ _' ' (1)E according to proof P1a1nt1ff walves post charge offpre Judgment mterest (2)D at the rate of (specify): percent per year from (date): c. E attomey'sfees *Pl - - - aalntlff walves attorne s feesmm of: s y (2) E] according to proof. d. D other (specify): 11. E The paragraphs ofthis pleading alleged on information and belief are as follows (specifi/ paragraph numbers): Maria Bra ‘sh Donna Aguirre_ Adam D Brumage on Phan-Huy_ Antonio Marioate: . Jeremy Kimmelman_ Enc N0v 2 :n znzn Mam 2- W mpe 0R PRINT NAME) (S]GNAIURE 0F pLAINTIFFOWRNEY) (Ifyou wish to verify this pleading. a/ffix a verification.) PLD.C-DD1 [Rev. January 1. 2007] COMPLAINT_c°ntI-act page 2 or 2 PLD-c.oo1(2) SHORT TITLE: CASE NUMBER: JPMorgan Chase Bank, N.A.V. Nghi G Le FIRST CAUSE OF ACTION-Common Counts (number) _ ATTACHMENTTO E Complaint D Cross-Complaint (Use a separate cause of action form for each cause ofaction.) CC~1. Plaintiff (name): JPMorgan Chase Bank, N.A. alleges thatdefendant (name): Nghi G Le becameindebtedto E plaintiff E 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 E 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) E for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiflD the sum of $D the reasonable value. (4) E for money lent by plaintiff lo 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 (5P9Ci’l’)-' This cause of action relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiff having account number XXXXXX)CQ(XXX4587. CC-2. $ 10479 09 ,which is the reasonable value, is due and unpaid despite plaintifi‘s 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 0f $ *Plaintiff waives attorney’s feesD according to proof. 004. E omen Page 3 Page 1 of 1 Form Approved lor Optional Use . Code of Civil Procedure. § 425. 12 Judida‘ Com“d03mm CAUSE OF ACTION-Common Counts mmmmmw PLo-oomm [Rem January 1, zoos] Amenmn LegalNet. Inc. www‘FormsWorkflawnum