Complaint Limited Up to 10K

Cal. Super. - 6th Dist.November 24, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name Stale Bar number, and addressl Hunt 8. Henriques, Attorneys at Law Donald Sherrill ¹266038 { I Reginaldo Villarreal ¹321475 7017 Realm Dr. San Jose CA 95119 TELEPHONE NO (800) 680-2426 E-MAIL ADDRESS (Opttonal) ATTORNEY FOR (Name( Plaintiff FAx No (optional( (408) 362-2299 PLAIN1(FF Department Stores National Bank SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 Nonh First Street MAILING ADDRESS CITYAND zlp COD Sa., Jose CA 95113 BRANGH NAME Downtown Supenor Coun PLD-C-001 FOR COURT USE ONL r DEFENDANT WARREN HUA ~ DOES I TO ~ COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number)l ~ CROSS-COMPLAINT ~ AMENDED CROSS-COMPLAINT (Number)r Jurisdiction (check alf that apply): DE ACTION IS A LIMITED CIVIL CASE Amount demanded (J(j does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000~ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint~ from limited to unlimited~ from unlimited to limited 1. Plaintiff* (name or names): Department Stores National Bank CASE NUMBER alleges causes of action against defendant* (name or names): WARREN HUA 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. a. Each plaintiff named above is a competent adult ~X except plaintiff (name): Department Stores National Bank (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) (JL) other (specify): A National Banking Association organized and existing under and by virtue of the laws of the United States of Amenca b. ~ Plaintiff (name): a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name of (specify). except defendant (name): {1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (descnfle): b. ~ has complied with all licensing requirements as a kcensed (speci(y): c. ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (descnbe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (speciiy): Form Aopro ed fo Opt onal Use JuCioal Council of Calforma If tn s form s used as a cross-compte nt, plant(i means cross-complainant and defendant means cross-defendant COMPLAINT-Contract IHIHIIIH IIH HIIIIIIHIHIIHHI 4 Page 1 of 2 code of cail Procedure, I 425 12 1431789.001 E-FILED 11/24/2020 11:32 AM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373970 Reviewed By: R. Tien 20CV373970 SHORT TITLE Department Stores National Bank v. WARREN HUA CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) M Doe defendants (specify Doe numbers)J were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) M Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. M Information about additional defendants who are natural persons is contained in Attachment 4c. d. M Defendants who are loined under Code of Civil Procedure section 382 are (names): 5. M Plaintiff is required to comply with a claims statute, and a. M has compked with appkcable claims statutes, or b. ~ is excused from complying because (specify). 6. M This action is subject to H Civil Code section 1812.10 H Civil Code section 2984.4. 7. This court is the proper court because a ~ a defendant entered into the contract here. b. ~ 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. ~ a defendant is a corporation or unincorporated association and its pnnmpal place of business is here. f. ~ real property that is the subject of this action is located here. g. ~ other (specify): 8. The following causes of action are attached and the statements above apply to each (each comp/aint must have one or more causes of action attached): Breach of Contract Common Counts Other (specify): 9. ~ Other allegations: Department Stores National Bank is the current owner of this Macy'S branded credit account and all rights to pursue collection from Defendant. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. HE damages of; $3,496.74 b. (jLj interest on the damages (1) ~ according to the proof (2) [jE at the rate of (specify): 0.0000 percent per year from (dale): July 21, 2020 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify)J 11. Col The paragraphs of this pleading alleged on information and bekef are as follows (speci CC-1.a (1), CC-1.a. (2), CC-1.b. (4), CC-1.b. (5) Date: November 19, 2020 mbers): Reoinaldo Villarresl 0321475 (TYPE OR PRINT NAME) . LO-C-001 lae January I 2007I (SIGNATURE OF PLAIfjj)IFF OR ATTORNEY) (If you wish to verify tfus pleading, affix a verification.) COMPLAINT-Contract Page 2 of 2 1431789.001 SHORT TITLE: Department Stores National Bank v WARREN HLIA CASE NUMBER: PLD-C-001(2) FIRST inumper) CAUSE OF ACTION-Common Counts ATTACHMENT TO (JL) Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Department Stores Nationa! Bank alleges that defendant (name)r WARREN HUA became indebted to K] plaintiff IK other (name)r or its predecessor in interest a. (K within the (1) (2) (JL) last four years on an open book account for money due because an account was stated in wnting by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. Ck] within the (1) (3) (6) (JLj (6) last ~ two years ~ four years for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and matenals rendered at the special inslance and request of defendant and for which defendant promised to pay plaintiff. M the sum of $ M the reasonable value. for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff M the sum of $ M the reasonable value. for money lent by plaintiff to defendant at defendant's request for money paid, laid out, and expended to or for defendant at defendant's special instance and request. other (specify): CC-2. $3,496.74 plus pre)udgment interest from (date): July 21, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. M Other: , which is the reasonable value, is due and unpaid despite plaintiff's demand, according to proof (JL) at the rate of 0 0000 percent per year Form Approved for Optional uee Jud c al Counml of California PLC-0 001(2) iaev January 1, 2009l CAUSE OF ACTION-Common Counts Page Page 1 of 1 Code of C v I Procedure, 0 425 12 e co nnfoca go 1 431 789.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Department Stores National Bank v. WARREN HUA, CASE NUMBER: Please check ONE of the following statements to indicate the basis for your filing of the complaint in this Judicial District and fill in the address. 1. Cause of Action arose in this Judicial District. The address of the cause of action is: Street City Zip Code 2. Property located in this judicial district. The address of this property is: Street City Zip Code 3. Tort occurred in this judicial district. The address of the tort is: Street (if known) City Zip Code (or nearest major intersection) 4. Contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: Street (if known) City Zip Code X 5. Defendant resides in this judicial district. The address of the defendant is: 2957 Masonwood Street, San Jose CA 95148 Street City Zip Code I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: November 19, 2020 Signature of Pfqpfitiff's Attorney Hunt 8 Henries 1431789.001