Complaint Limited Up to 10KCal. Super. - 6th Dist.March 17, 2021ATTORNEY OR PARTY INITHOUT ATTORNEY (Name, Stale Sar number and address) Hunt & Hennques, Attorneys at Law Donald Shernll ¹266038 I I Kevin Brendon Buiza ¹318691 701 7 Realm Dr. San Jose CA 95119 TELEPHONE NO (800) 680-2426 E-MAIL ADDRESS (OPtionsi) ATTORNEY FOR (Name) Plaintiff FAX NO (Optional) (408) 362-2299 BTREET ADDRESS lgl North First Street MAILING ADDRESS CITY AND zip coDE San Jose CA 95113 BRANcH NAME Downtown Supe(ior Court PLAINTIFF: Bank of America, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONL Y DEFENDANT MINERVA G NUQUI C7 DOES 1 TD DE COIIIIPLAINT CONTRACT M AMENDED COMPLAINT (Number)r H CROSS-COMPLAINT W AIIIIENDED CROSS-COIIIIPLAINT (Number)J $6 036 08 Jurisdiction (check all that apply): DL3 ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000D ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)M ACTION IS RECLASSIFIED by this amended complaint or cross-complaint~ from limited to unlimited~ from unlimited to limited 1. Plaintiff'name or names): Bank of America, N.A. alleges causes of action against defendant* (name or names): MINERVA G NUQUI 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)( Bank of America, N.A. (1) ~ a corporation qualified to do business in Cakfornia (2) ~ an unincorporated entity (describe)( (3) DU other (specify): A National Banking Association organized and existing under the laws of the United States of America and having its principal place of business in Charlotte, North Carohna 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 (describe): b. M has complied with all licensing requirements as a licensed (specify): c. ~ Information about additional pfalntfffs 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 (describe): (4) ~ a public entity (describe): (5) M other (spemty): (4) C3 a public entity (describe): (5) ~ other (specily): Form Approved for Opt onaf use Jud oal Counol of Califo nia p(D-Df)at IRev January I, 2007] ff this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant COMPLAINT-Contract NNIIININNINNIMIIIINIINNNNNNINININI Page I of 2 code of ovii procedure, 1 423 12 1448730.001 E-FILED 3/17/2021 10:13 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV378945 Reviewed By: N. Christopherson 21CV378945 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): 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 joined under Code of Civil Procedure section 382 are (names): 5. C3 Plaintiff is required to comply with a claims statute, and a. W has complied with applicable claims statutes, or b. M is excused from complying because (specify)7 6. H 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. DL] a defendant lives here now. d. ~ the contract was to be performed here. e. ~ a defendant is a corporation or unincorporated association and its principal 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 complaint must have one or more causes of action attached): Breach of Contract DE Common Counts Other (spemfy)) 9. ~ Other allegations: Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A. ("FIA"), formerly known as MBNA Amenca Bank, N.A. FIA was mergedinto and under the charter and title of Plaintiff effective October 1, 2014. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. QG damages of: $6,036.08 b. DU interest on the damages (1) ~ according to the proof (2) [jul at the rate of (specify)7 0.0000 percent per year from (date): November 30, 2019 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify): 11 QQ The paragraptis of this pleading alleged on information and belief are as follows (specify paragraph numbers) CC-1.a.(1), CC-1.a.(2), CC-2, CC-4.a., CC-4.bn CC-4.cn CC-4.d. Date: March 11, 2021 Kevin Brendon Buiza 0318691 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (if you wish fo venfy this pleading, affix e verification.) COIIIIPLAINT-ContractPLO-C-001 IRe January I, 2007) Page 2 ai 2 1448730.001 ~ SHORT TITLE: Bank of America, N.A. v. MINERVA G NUQUI CASE NUMBER: PL D-C-001 (2) FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO CE Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Bank of America, N.A. alleges that defendant (name): MINERVA G NUQUI became indebted to DO plaintiff M other (name): a. (3(j within the last four years (1) ~ on an open book account for money due. (2) Kl 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. M within the last H two years M four years (1) ~ for money had and received by defendant for the use and benefit of plaintiff. (2) ~ for work, labor, services and matenals rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. C3 the sum of $ M the reasonable value. (3) ~ 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. (4) M for money lent by plaintiff to 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) ~ other (specify): CC-2. $6,036.08 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof HO at the rate of 0.0000 percent per year from (date): November 30, 2019 CC-3. El Plaintiff is entitled to attorney fees by an agreement or a statute of$ according to proof. CC-4. [K Other: a. Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the "Account"). Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement ("Agreementn) governing use of the Account with Plaintiff. b. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. c. The current Account balance is $6,036.08, which includes any applicable payments and credits. The Account is not accruing post charge-off interest d. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant, Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. Page Form Approved for Opt onal Une Jud c at Counol of Cal lornta PLC-C-ooffa)inev January I, 2009I CAUSE OF ACTION-Common Counts Page 1 of 1 Code of Civil Procedure 9 429 12 counrnfo ca gov 1448730.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Bank of America, N.A. v. MINERVA G NUQUI, 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: 370 FAIRVIEW WAY, MILPITAS CA 95035-3062 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: March 11, 2021 Signature of Plaintiff's Attorney Hunt & Henriques 1 448730.001