Complaint Limited 10K and 25KCal. Super. - 6th Dist.November 23, 2020E-FILED 11/23/2020 9:46 AM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373903 Reviewed By: R. Tien 20CV373903 PLD-C-001 (20) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): THE DUNNING LAW FIRM APC Donald T. Dunning, Esq. (144665) James MacLeod, Esq. (249145) 9619 Chesapeake Drive, Suite 210 San Diego, CA 92123 TELEPHONE NO.: (858)974-7600 FAX NO. (Optional): (858) 974-7601 E-MAIL ADDRESS (0pti0nal):JMacleod@DunningLaw.com ATTORNEY FOR (Name): PLAINTIFF FIRST NATIONAL BANK OF OMAHA, a National Banking Association SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. FIRST STREET MAILING ADDRESS: SAME CITY STATE AND ZIP CODE: SAN Jose CA 951 13 BRANCH NAME: MAIN DIVISION PLAINTIFF: FIRST NATIONAL BANK OF OMAHA, a National Banking Association DEFENDANT(S): NAZRUL I SARDAR, an individual; E and DOES 1 to 5, inclusive CONTRACT X COMPLAINT D AMENDED COMPLAINT (Number): 1:] CROSS-COMPLAINT D AMENDED CROSS-COMPLAINT (Number) FOB COURT USE ONLY Jurisdiction (check all that apply): E ACTION IS A LIMITED CIVIL CASE Amount demanded El does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 D ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) D ACTION IS RECLASSIFIED by this amended complaint or cross-complaint D from limited to unlimited D from unlimited to limited CASE NUMBER: 1. Plaintiff" (name or names): FIRST NATIONAL BANK OF OMAHA, a National Banking Association alleges causes of action against defendant(s)* (name or names): NAZRUL | SARDAR, an individual; and DOES 1 to 5, inclusive 2. This pleading, including attachments and exhibits, consists of the foHowing number of pages: 3 3. a. Each plaintiff named above is a competent adult X except plaintiff (name): FIRST NATIONAL BANK OF OMAHA (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) other (specify): a National Banking Association organized and existing under and by virtue of the law of the United States of America. b. D Plaintiff (name).- a. D has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. D 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 30. 4. a. Each defendant(s) named above is a natural person D except defendant (name): D except defendant (name): (1) D a business organization, form unknown (1) D a business organization, form unknown (2) D a corporation (2) D acorporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify): (5) D other (specify): Page 1 of 2 *If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Form Approved for Optional Use COMPLAINTficontract Judicial Council of California PLD-C-OO1(20) [Rev. January 1, 2007] CA_O3 EFile Complaint Contract File No. 889892.001 Code of Civil Procedure, § 425.1 2 SHORTTITLE: FIRST NATIONAL BANK OF OMAHA vs. NAZRUL I SARDAR, an CASE NUMBER: individual; 4. (Continued) b. The true names of defendant(s) sued as Does are unknown to plaintiff. (1) X Doe defendant(s) (specify Doe numbers): 1 - 2 were the agents or employees of the named defendant(s) and acted within the scope of that agency or employment. (2) E Doe defendant(s) (specify Doe numbers): 3 - 5 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. D Defendant(s) who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6. D This action is subject to D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. D adefendant(s) entered into the contract here. b. D a defendant(s) lived here when the contract was entered into. c. a defendant(s) lives here now. d. D the contract was to be performed here. e. D a defendant(s) is a corporation or unincorporated association and its principal p|ace of business is here. f. D real property that is the subject of this action is located here. g. [:1 other (specify): 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 Common Counts D Other (specify): 9. D Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of2$ 13592.53 b. D r interest on the damages (1) D accordingto proof (2) D atthe rate of (specify): percentperyearfrom (date): c. 1:] attorney‘sfees (1) D (2) D accordingto proof. d. D other (specify).- 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: {1/9/20 QWMJames MacLeod (249145) P I " (TYPE 0R PRINT NAME) (SIGNATURE 0F PLAINTIFF 0R ATTORNEY) (Ifyou wish to verify this pleading, affix a verification.) PLD-C-001 (20) [Rev. January 1, 2007] COMPLA|NT_C°ntract Page 2 of 2 CA_O3 EFile Complaint Contract Fiie No. 889892.001 SHORTTITLE: FIRST NATIONAL BANK OF OMAHA vs. NAZRUL I SARDAR, an CASE NUMBERI individual; F'RST (number) CAUSE OF ACTION-Common Counts ATTACHMENT To E Complaint E] Cross-Compiaint (Use a separate cause of action form for each cause of action.) CC-1 . Plaintiff (name): FIRST NATIONAL BANK OF OMAHA, a National Banking Association alleges that Defendant(s) (name): NAZRUL I SARDAR, an individual; and Does 1 to 5. becameindebtedto X plaintiff D other(name): a. within the last four years (1) E on an open book account for money due. (2) 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. X within the last E two years four years (1) U 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 p|aintiff 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 plaintiff D the sum of $ D the reasonable value. L ' (4) E for money lent by plaintiff to defendant at defendant's request. (5) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) D other (specify): CC-2. $13592.53 , 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 from (date): CC-3. E] Plaintiff is entitled to attorney fees by an agreement or a statute D D according to proof. CC-4. D Other: Page 3 Form Approved for Optional Use CAUSE OF AchoN_c°mmon Counts Code of Civil Procedures, § 425.12 Judicial Council of California PLDvC»001(2) [January 1, 2009] CA_105A EFile Dec Venue Cr Cd File No. 889892.00]
