Complaint Limited 10K and 25KCal. Super. - 6th Dist.November 23, 2020E-FILED 11/23/2020 2:23 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373931 Reviewed By: R. Tien 20CV373931 PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Nam9, Stale Barnumber, and address): FOR co m' use ONLY Maria Bradish (288384) Jeremy Kimmelman (322958) Donna Aguirre (2435 10) Adam Brumage (283 180) Don Phan-Huy (309853) Ryota Isozaki (321040) Antonio Mario Shahine (321281) The Moore Law Group, APC, P.O. Box 25145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 _ TELEPHONE ch 800_506_2652 FAx No. (Oprmar). E-MAIL ADDRESS {Oph'onal}: ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS; 191 North First Sfl'eet MNLINGADDRESS: san JOSC CA 951 13 cm, AND 2m CODE; Santa Clara County - San Jose Courthouse BWCH NAME: PLA'NT'FF‘ JPMorgan Chase Bank, N.A. DEFENDANT: Tiglath Ziyeh E DOES 1 To _ CONTRACTE COMPLAINT E AMENDED COMPLAINT (Number).- E CROSS.COMPLA.NT E AMENDED caoss-COMPLAINT (Number).- Jurlsdlctlon (check all that apply). CASE NUMBERm ACTION IS A LIMITED CIVIL CASE Amount demanded E does not exceed $10.000E exceeds $10,ooo but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by thls amended complaint or cross-complaint E3 from limited to unlim itedE from unlimited to limited 1. Plaintiff (name or names): JPMorgan Chase Bank N A alleges causes of action against defendant‘ (name or names): Tiglath Ziyeh 2. This pleading. including attachments and exhibits. consiss of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adultm excel“ P‘a‘mi“ ("ame)- JPMor%an Chase Bank, N.A. (1) Ea corporation qualified to do usnness in California (2) Dan unincorporated entity (describe): (3) @mhe’ “Pew”: National Bank organized under Federal Law b.E Plaintiff (name): a.E has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b-D has complied with all licensing requirements as a licensed (specify): c.E Information about additional plaintiffs who are not competent adults is shown in Attachment 30. 4. a. Each defendant named above is a natural personD except defendant (name): E except defendant (name): (1) E a business organ'zation. form unknown (1)E a business organization. form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)E a public entity (describe): (5) E other (specify): (5)E other (specify): ' If this form ls used as a cross-oomplainl. plainlm means aoss-wmptalnan! and - ' u means cross-defendanl. Page 1 o! 2 Fflmifig?g$é‘f§gg°&igse COMPLAINT-Contract Code or oivn Procedure. § 425. 12 PLD-C-Dm [Rem January 1. 2007] Amefi-n LegalN el. Inc. www.FannsWorkf/ow.com PLD-C-001 SHORT TITLE: CASE NUMBER JPMorgan Chase Bank, N.A. V. Tiglath Ziyeh 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe defendants (speciw 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 (specify 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. 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 (special): 6. E This action is subject to E] Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the comract 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 unincorporated association and its principal place of business is here. f. E] real property that'Is the subject of this action Is located here. [ g. D other (specifir): ‘ 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or 1 more causes of action attached): i D Breach ofContract m Common Counts D Other(speciry): 9. E 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: $ 1321530 b. E intereston the damages * - - - _ _' ' (1)E according to proof Plamtlff walves post charge offpre Judgment mterest (2)D at the rate of (special): percent per year from (date): c. E attorney'sfes *Pl . . . aa1nt1ff walves attorne s fees(um of: $ y (2)D according to proof. d. E other (specifi'): 11. E The paragraphs of thié pleading alleged on information and belief are as follows (specify paragraph numbers): Maria Bradish Jeremy Kimmelman Donna Da‘e Aguirre Adam Brumagc_ Don Ph-an- / Isozaki__ Antonio Mario Nov 23 zuanhahi-ugw Jfi/ (rYPEéR PRINT NAME) (SlGNATURE or: PLAINTIFFWRNEY) (Ifyou wish to verify this pleading/affix a verification ) Pmcnm [Rem January 1. 2007] COMPLAINT_contract Page 2 or 2 PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: JPMorgan Chase Bank, N.A.V. Tiglath Ziyeh FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENTTO m Complaint B Cross-Complaint (Use a separate cause of action form for each cause ofaction.) CC‘A. Plaintiff (name): JPMorgan Chase Bank, N.A. became indebted to (1) m (2) m (1) E (2) E (3) E (4) m (5) m (6) E 002- 5 13215.30 alleges that defendant (name): Tiglath Ziyeh [fl plaintiff D other (name): a. E] withinthelastfouryears on an open book account for money due. 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 withinthelast D twoyears m fouryears for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.E the sum of $E the reasonable value. for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD the sum of $ the reasonable value. for money lent by plaintiff to defendani at defendant's request. for money paid, laid out, and expended to or for defendant at defendant's special instance and request. O‘her (SPGCW): This cause of action relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiff having account number XXXXXXXXXXXX491 8. ,which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment intere‘st E according to proof D at the rate of ' percent per year from (date): *Plaintiff waives post charge-off pre-judgment interest CC-3. E Plaintiff is entitled to attorney fees by an agreement or a statuteE of$ CCA. E Other: *Plaintiff waives attorney’s feesE according to proof. Page 3 Page 1 of 1 Form Approved for O fional Use c Code of Civil Procedure, § 425.12 Judicia! Coundlolgamomla CAUSE 0F ACTION ommon counts wmcouninfo.w.gov PLD-comm) [Rem January 1, 2009] Amenmn LegalNet, Inc. www. FormsWorkflowcom