Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.March 17, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY !Name, Stats Bar numeer, and sddniss) Hunt 8 Hennques, Attorneys at Law Donald Sherrill ¹266038 ) ) Anthony DiPiero ¹268246 i 7017 Realm Dr. San Jose CA 95119 TELEPHONE NO (800) 680-2426 E-MAIL ADDRESS (Opltoneli ATTORNEY FOR fNamsi Plaintiff FAx No (Oplionsll (408) 362-2299 STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND zip CODE San Jose CA 95113 BRANGH NAME Downtown Supenor Couff PLAINTIFF Bank of Amenca, N A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONI Y DEFENDANT EUN HEE SONG ~ DOES I TD DE COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number)r H CROSS-COMPLAINT W AMENDED CROSS-COMPLAINT (Number)l $ 18 295.96 CASE NUMBER 1. Plaintiff* (napne or names): Bank of America, N.A. Jurisdiction (checks/I that apply): CE ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but doss 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 affeges causes of action against defendant* (nsme or names)l EUN HEE SONG 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)f Bank of Amenca, N.A. (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) QLj other (specify): A National Banking Assomation organized and existing under the laws of the United States of America and having its principal place of business in Charlotte, North Carokna b. ~ Plaintiff (name): a. ~ has compked with the fictitious business name laws and is doing business under the fictitious name of (specrfy): except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) M an unincorporated entity (describefi b. ~ has complied with all licensing requirements as a licensed (specify): 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 coqioration (3) ~ an unincorporated entity (describe): (4) ~ a pubhc entity (describe) (5) I~ other (spemfy): (4) ~ a public entity (describe). (5) ~ other (specify): Form Appro ed for Opt anal Use Judic at Coun el of Califorma PLD-C-001 !Rev January I, 200yi '0 this form is used as a c oss-comp!air.t, plaintiff means cross-compte na t a d defendant means cross-defendant COIIIIPLAINT-Contract IINI ENHIIWHIIIMIIIIIIIIIIIIIIHIIINIIII Pages of 2 code of ctv I procedure, 5 420 12 1430085.001 Electronically filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 10:14 AM Reviewed By:R. Guillermo Case #21CV378960 Env #6050323 21CV378960 SHORT TITLE Bank of America, N.A. v. EUN HEE SONG CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) ~ Doe defendants (specffy 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 (specffy Doe numbers): are persons whose capacities are unknown to plaintiff. c. M Information about add)tiOnal defendants who are natural persons is contained in Attachment 4c. d. M Defendants who are joined under Code of Civil Procedure sect)on 382 are (names): 5. M Plaintiff is required to comply with a cia)ms statute, and a. ~ has complied w)th applicable claims statutes, or b. M is excused from complying because (specffy): 6. H Th)s action is subject to ~ C)v)l Code sect)on 1812.10 ~ 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. DQ 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 (specffy): 8. The follow)ng causes of action are attached and the statements above apply ta each (each comp)a)at must have one or more causes of action attached): Breach of Contract QG Common Counts Other (specify): 9. C2H Other allegations: Plainbff is a wholly-owned subs)diary of Bank of Amenca Corporation and the successor-in-interest to FIA Card Services, N.A. (uFIA"), formerly known as MBNA America Bank, N.A. FIA was merged inta and under the charter and title of Plaintiff effectwe October 1, 2014. 10. Plaintiff prays for judgment for costs of su)t; for such reiief as is fair, just, and eqmtable; and for a. DE damages of: $18,295.96 b. QE interest on the damages (1) ~ according to the proof (2) [jQ at the rate of (specffy): 0.0000 percent per year from (dale): July 29, 2019 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specffy); 11. ~ The paragraphs of this pleading alleged on Information and belief are as follows (specffy paragraph numbers): CC-1.a. (1), CC-1.a. (2), CC-2, CC-4.a., CC-4.b., CC-4.c., CC-4.d. Date: March 11, 2021 Anthonv DIP)ero 0268246 )TYPE OR PRINT NAME) ISIGNATURE OF PLAINTIFF OR ATTORNEY) (ffyou wish lo verify this pleading, affix a verification.) COMPLAINT-ContractPLO-C-Oor [Re January I, 2007) Page 2 of 2 1430085.001 CASE NUMBER: PL 0-C-001 (2) FIRST (pumper) 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)t Bank of America, N.A. alleges that defendant (name): EUN HEE SONG became indebted to DO plaintiff M other (name)i DQ within the last four years (1) [K on an open book account for money due. (2) LXj 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. H within the last C7 two years H four years (1) ~ for money had and received by defendant for the use and benefit of plaintiff. (2) ~ for work, labor, services and materials rendered at the speoal instance and request of defendant and for which defendant promised to pay plaintiff. M 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 W 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): , which is the reasonable value, is due and unpaid despite plaintiff's demand, according to proof DO at the rate of 0 0000 percent per year CC-2. $18,295.96 plus prejudgment interest from (date): July 29, 2019 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H of$ according to proof. CC-4. C}L) 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 (uAgreement") 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 $18,295.96, which includes any applicable payments and credits. The Account is not accruing post charge-off iiiterest. 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. Form Approved for Optional Uae Judioai Counoi of California PLO-C 001(2) lne January 1, 2009) CAUSE OF ACTION-Common Counts Page Page 1 ot 1 Code of Civil Procedure, 1 429 12 www courtinfo ca gov 1430085.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Bank of America, N.A. v. EUN HEE SONG, 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: 680 EPIC WAY APT 517, SAN JOSE CA 95134-2847 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 8 Henriques 1430085.001