Complaint Unlimited Fee Applies

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

E-FILED 11/20/2020 5:23 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373891 Reviewed By: R. Tien 20CV373891 PLD-C-OO1 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, 3919 Barnumber, and adwass): FOR COURT USE ONLY Maria Bradish (288384) Jeremy Kimmelman (322958) Donna Aguirre (2435 10) Adam Brumage (283 180) Don Phan-Huy (309853) Antonio Mario Shahine (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 9270i“ . 'TELEPHONE No. 800606_2652 no. (0mm). E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA. COUNTY OF Santa Clara smes'r ADDRESS; 191 North First Sheet MAILINGADDRESS- saIl JOSE CA 951 l3 cm, AND mp CODE; Santa Clara County - San Jose Courthouse BMNCH NAME: PLA'NT‘FF‘ JPMorgan Chase Bank, N.A. DEFENDANT: Omar Alcaraz E Does 1 To CONTRACTE COMPLAINT E AMENDED compLAmT (Number): E cgosscompmm‘r E AMENDED CROSS-COMPLAINT (Number): Jurlsdlctlon (check all that apply):D ACTION IS A LIMITED CIVIL CASE Amount demanded E does not exceed $1 0.000E exceeds $10,000 butdm not exceed $25,000m ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION Is RECLASSIFIED by thls amended complaint or cross-complaintE from limited to unlimitedE from unlimited to limited 1. Plaintiff' (name or names): JPMorgan Chase Bank, N A alleges causas of action against defendant‘ (name ornames): CASENUMR Omar Alcaraz 2. This pleading. including attachments and exhibits. consist of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adultE excel“ Plaintiff (name)- JPMor an Chase Bank, N.A. (1) Ea corporation qualified to do%usiness'in California (2) Dan unincorporated entity (describe): <3)Em” (Spec’m’ National Bank organized under Federal Law b.E Piaintiff (name): a. E has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b-E has complied with all licensing requirements as a licensed (specify): c.D Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personE except defenda nt (name): D except defendant (name): (1) E a business organ’zation. form unknown (1 )E a business organization. form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)D an unincorporated entity (describe): (4)E a public entity (describe): (4)D a public entity (describe): (5) E other (specifll): (5)E other (specify): 'ltlhisfonnistsedasaarf r phimiflmeanscmss-n ‘ and ‘ meansu'css ' ‘ Page1ofz F3ZZ££§E$£L$8§$$ESE COMPLAINT-Contraci Code or civil Procedure. § 425. 12 Pw-coo1 [Rem January 1. 20071 Aman‘wn LegaINet. Inc. www.Far‘ms Warkflow.com PLD-C-001 SHORT TITLE: cAse NUMBER JPMorgan Chase Bank, N.A. V. Omar Alcaraz 4. (Continued) b. The true names of defendants sued as Does are unknown lo plaintiff. (1)E Doe defendants (speciw Doe numbers): were the agents or employees of the named v defendants and acted within the scope of that agency or employment. (2)E Doe defendants (special Doe numbers): are persons whose capacities are unknown to plaintiff. c. E Information about additional 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 wlth applicable claims statutes, or b. E is excused from complying because (speciM: 6. D This action is subjeci 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 comract here. b. E a defendant lived here when the contract was entered into. c, g 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 rs the subject of this action Is located here. g. E other (special). . - 8. 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): . D Breach ofContract m Common Counts D Other(speciry): 9. [j Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair. just. and equitable; and for a. § damages of: $ 34315_43b. interest on the damages * _ (1)D according to proof Plaintiff waives post charge-offpre judgment interest ; (2)D at the rate of (specify): percent per year from (date): c. D attorney's fees *Pl . . . ,alntlff wa1ves attorne s feesmm of: s y (2)D according (o proof. d. E other (special): 11. E The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Maria Bra ish_ Donna Aguirre_ Adam Date. Brumage on-Phan-Huy_ Antonio Mario Jeremy Kimmelrnan_ Eric NOV 2 fl 2020 Marqu (SIGMfiRE 0F PLAINTIFF 0R A EY) affix a verification.) HYPE 0R PRINT NAME) PLDcmn [Rem January 1. 2007] COMPLAINT__contract page 2 o: 2 (Ifyou wish to verify this pleading, PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: JPMorgan Chase Bank, N.A.V. Omar Alcaraz FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENTTO E Complaint D Cross-Complaint (Use a separate cause of action form for each cause ofaction.) CCJ- Plainfiff (name): JPMorgan Chase Bank, N.A. alleges that defendant (name): Omar Alcaraz becameindebtedto E plaintiff D 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 D two years m four years (1) E 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 requast of defendant and for which defendant promised to pay plaintiff.E the sum of $D the reasonable value. (3) E for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintifiD the sum of $D 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 spec'al instance and request. (6) m Other {Specify}: This cause of action relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiff having account number XXXXXXXXXXXXOO3 5 . CC-2. $ 343 1 5 43 ,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 "0m (date)? *Plaintiff waives post charge-offpre-judgment interest CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statuteE 0f $ *Plaintiff waives attorney’s feesE according to proof. 004. D omen Page 3 Page 1 of 1 Form Approved (or O Uonal Use __C Code of Civil Procedure, § 425.12 JudiciaICounclldgalflomia CAUSE OF ACTION ommon counts _ www.mum‘nlaagcv PLD-C-OOI(2) [Rev. January 1, 2009] Amenmn LegalNel. Inc. www.Famszorkflomcum