Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.November 23, 2020

E-FILED 11/23/2020 4:59 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373943 Reviewed By: R. Tien 20CV373943 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Namem Barnumbar Mats: FOR COURT USE ONLY Maria Bradish (288384) Jeremy Kimmelman (322958) Donna Aguirre (243510) Adam Brumagc (283 180) Don Phan-Huy (309853) Ryota Isozaki (321040) Antonio Mario Shahine (321281) The Moore Law Group, APC, P.O. Box 25 145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 9270i“ r iTELEPHONE No ”.800 506_2652 N0.(0p:onal). E MAIL ADDfiSS (Oph'on ATTORNEY FOR (Name):avPlainfiff sUPERIOR coum' 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS 191 North First Street MNLINGADDREss; San Jose CA 95 1 13 cm, AND 2.9 CODE; Santa Clara County - San Jose Courthouse BWCH NAME: PLA‘NT'FF‘ JPMorgan Chase Bank, N.A. DEFENDANT’ Jonathan D Moreno E DOES 1 To CONTRACTE cOMPLAINT E AMENDED cowIPLAIN'r (Number): E cnoss.compLAmT E AMENDED cnoss-COMPLAINT (Number).- Jurlsdlctlon (check all that apply): ACTION Is A LIMITED cwu. cAse “55mm“ Amount demanded E does not exceed $1 0.000E exceeds $10,000 but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION ls RECLASSIFIED by this amended compiaint or cross-complalntE from limited to unlimitedE from unlimited to limited 1. Plaintiff (name ornames): JPMorgan Chase Bank, N A alleges causes of action against defendant‘ (name or names): Jonathan D Moreno 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 °"°°P‘ P'aint‘“ (name): JPMor%an_ Chase Bank, N.A. (1) Ea corporation qualified to do usnness in California (2) Dan unincorporated entity (describe): (3) Ema“ “Pew”: National Bank organized under Federal Law b.E 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 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)E a business organization. form unknown (2)E a corporation (2)E a corporation (3)D an unincorporated entity (describe): (3)E an unincorporated entity (describe): 1 \ \ (4)E a public entity (describe): (4)E a public entity (describe): ‘ (5) E other (specifll): (5)E other (specify): 'lnhis'ovmisusedasaunss r ' phimmmeansaoss ' and ' magma“ Page1olz F%mfig‘fgfigygfigge COMPLAINT-Contract Code or civil Procedure. § 425. 12 PLD‘C-OO'I [Rem Jammy 1. 2007] Amefinn LegalNel. Inc. \ www.FormsWarkflow.com PLD-C-001 SHORT TITLE: use NUMBER JPMorgan Chase Bank, N.A. V. Jonathan D Moreno 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe deféndants (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 (specifil 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. D is excused from complying because (specify): 6. D This action is subject to E Civil Code section 1812.10 E Civil Code section 2934.4. 7. This court is the proper court because a. D a defendant entered into the mntract 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 (specifii): . 1 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or ' more cau3es of action attached): . D Breach ofContract E Common Counts E Other(specify): 9. E Other allegations: 1D. Plaintiff prays forjudgment for costs of suit; for such relief as is fair. just. and equitable; and for a. fl damages of: $ 15989.42 b. E intereston the damages * - - - _ _- . (1)D according to proof Plalntlff walves post charge off pre Judgment 1nterest (2)E at the rate of (specify): percent per year from (date): c. 1 attorney'sfees *Pl - - - a a1nt1ff walves attorne s feesmm of: s y (2)E according to proof. d. E other {speciM: 11. E The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Maria Bradish_ Jeremy Kimmelman___ Donna Date: Agume Adam Brumage__ Don Phan- (SleNAmRE or: FLAINTIFF orfir'roansv) Huy_ a Isozaki_ Antonio Mario hah' (Ifyou wish to verify this pleadingiaffix a verification.) PLoc4>o1 [Rev January 1. 2007] COMPLAINT_contra¢t page z or 2 (rYP 0R PRINT NAME) PLD-C-OO1 (2) SHORT TITLE: CASE NUMBER: JPMorgan Chase Bank, N.A.V. Jonathan D Moreno FIRST CAUSE 0F ACTION-Common Counts (number) ATTACHMENTTO m Complaint D Cmss-Complaint (Use a separate cause ofactr‘on form for each cause o'facfion.) 001. Plaintiff (name): JPMorgan Chase Bank, N.A. alleges that defendant (name): Jonathan- D Moreno became indebtedto E plaintiff E other (name): a. m 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 iast 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, servica and materials rendered at the special instance and requast of defendant and for which defendant promised to pay plaintiff.E 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) m for money lent by plaintiff 10 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 (SPGCi’Y): This cause ofaction relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiff having account number 457]. CC-2. $ 15989 42 I ,which is the reasonable value, is due and unpaid despite plaintiffs demand. plus prejudgment interest E according to proof D at the rate of percent per year "0m (dale): *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. cc-4. D omen Page 3 ‘ Page 1 of 1 l . ‘ Form Approved lor 0 uonal Use c Code of Civ'l Procedure. 425.12‘ Judiciamnuncildgal'rfomla CAUSE OF ACTION ommon counts lwww.mur1inf§.e.gov PLD-GOOKZ) [Rev‘ Jamzry 1, 2009] Amerimn LegalNet, Inc. www.ansWorkflomoom