Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.March 11, 2021

E-FILED 3/11/2021 10:21 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV378951 Reviewed By: V. Taylor 21CV378951 10 ll l2 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 GEORGE APOSHIAN, ESQ., BAR #303238 LAURA M. D’ANNA, ESQ., BAR #266113 PATENAUDE & FELIX, A.P.C. 6800 Owensmouth Avenue, Suite 290 Canoga Park, CA 91303-4216 866-784-8084 Attorneys for Plaintiff IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA FACILITY LTD. CIV. CASE CAPITAL ONE BANK (USA), N.A. , CASE NO. Plaintiff, COMPLAINT FOR MONEY: ACCOUNT STATED VS. STERLYNG Z MARIS , DEMAND $22,949.31 and DOES 1 through 5,Inclusive. LIMITED CASE Defendants. VVUVVVUVVVVVV Plaintiff alleges: l. Plaintiff, CAPITAL ONE BANK (USA), N.A. (hereinafter referred to as "Plaintiff"), is a National Banking.Association organized and existing under and by virtue of the laws of the United States of America. 2. Defendant(s), STERLYNG Z MARIS , (hereinafter referred to l COMPLAINT FOR MONEY 19-10303-0101 02-1 5/CJL 10 11 l2 l3 l4 15 16 l7 18 19 2O 21 22 23 24 25 26 27 28 as "Defendant”), is an individual residing at the county of SA NTA CLARA 3. The true names and capacities, of Defendants named herei n as DOES 1 through 5, inclusive, are unknown to Plaintiff, who t herefore sues said Defendants by such fictitious names, and Plaintiff w ill amend this complaint to show their true names and capacities when the same have been ascertained. 4. That at all times herein mentioned each defendant was the agent, employee and/or husband or wife of each of the remaining Defendants, and was at all times acting within the course a nd scope of such. agency‘ and/or employment and. with‘ the consent, kno wledge and permission of each~of their co-Defendants, and.the hereinaft er set forth obligation(s) were community debts. 5. The within action is subject to the provisions Of Sec tion 395(b) of the California Code of Civil Procedure, and n ot subject to the provisions of Section 1812.10 or 2984.4 of the Californ ia Civil Code. 6. The Defendants, and each of them, are residents of this judicial district, and/or the contract was to be per formed in this judicial district and, therefore, this is the proper Court for trial in this action. 7. Within four (4) years last past, in the with in county, accounts were stated in writing by and between Plain tiff and Defendants, and each of them, wherein it was agreed that s aid Defendants were indebted to Plaintiff in the sum of $22,949.31 for the credit card account number XXXXXXXXXXXX7529, or such higher am ount as may be Shown according to proof at time of trial. 2 COMPLAINT FOR MONEY 194 0303-0/01024 s/CJL 10 ll l2 l3 l4 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 8. Defendants promised to pay Plaintiff the sum of $22,949.31, or such higher amount as may be shown according to proof at time of trial. 9. No part Of said sum has been paid, although demand therefore has been made, and there is now due, owing and unpaid the sum of $22,949.31, or such higher amount as may be shown according to proof at time of trial. 10. Plaintiff has duly performed all acts necessary on its part to be performed. ll. Neither Defendants nor anyone else on their behalf have reported the card lost or stolen. 12. Said agreement provides, among other things, that if plaintiff employs an attorney to enforce said agreement, defendants promise to pay any court costs incurred. Plaintiff herety waives any and all rights and claims to attorneys fees. WHEREFORE, plaintiff prays judgment against defendants, and each of them, as follows: l. For damages in the sum of $22,949.31, or such higher amount as may be shown according to proof at time of trial; 2. For costs of suit herein incurred; and 3 COMPLAINT FOR MONEY 19-10303-0fl3102-15/CJL 10 ll 12 13 l4 15 l6 17 18 l9 20 21 22 23 24 25 26 27 28 3. For such other and further relief as the court may deem just and proper. DATED: March 8, 2021 PATENAU E FELIX, A.P.C. By: Attofheys for Plaintiff 4 19-1 0303-0101 02-1 S/CJL COMPLAINT FOR MONEY