Complaint Limited 10K and 25K

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate tier number, end addmss) Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 ) I Anthony DiPiero ¹268246 7017 Realm Dr. San Jose CA 95119 TELEPHONE No (800) 680-2426 E-MAIL ADDFIESS (Opt onao ATTORNEY FOR (Name) Plaintiff FAX NO (Optionee (408) 362-2299 PLAINTIFF: Bank of America, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAiLING ADDRESS CITY AND zip coDE. San Jose CA 95113 BRANGH NAME Downtown Supenor Court PLD-C-001 FOR COURT USE ONL Y DEFENDANT CHRISTINE S DAVIS ~ DOES 1 TO ~ COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number)( H CROSS-COMPLAINT H AMENDED CROSS-COIIIIPLAINT (Number)r $2O tg2 g7 CASENUMBER Jurisdiction (check all that apply)( EK ACTION IS A LIMITED CIVIL CASE Amount demanded M 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* (nsme or names): Bank of America, N.A. alleges causes of action against defendant* (name or names)( CHRISTINE 8 DAVIS 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 California (2) ~ an unincorporated entity (describe): (3) QLj other (specify): A National Banking Association organized and existing under the laws of the United States of America and having its pnnmpal place of business in Charlotte, North Carolina b. ~ Plaintiff (name)( a. ~ has comphed with the fictitious business name laws and is doing business under the fictitious name of (specify)i except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe) b. ~ has complied with aff licensing reqLBrements as a licensed (specily): c. ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natura! person~ except defendant (name): (1) ~ a business organizction, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (describe). (5) ~ other (specify): Form Apriro ed fo Optional Use Judcial Counol of Cat fornia If this lorm is used as a cross-compte nt, plaintiff means cross-complainant and defendant means cross-defer dent COMPLAINT-Contract l55(IIIIIIIIIIII(IIISlllllllllllllllll Page I of 2 code of c Yil Proceoure, 9 425 12 1 420486.001 E-FILED 3/17/2021 10:14 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV378961 Reviewed By: N. Christopherson 21CV378961 SHORT TITLE Bank of America, N A v. CHRISTINE S DAVIS CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) ~ 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. M Plaintiff is reqmred to compfy with a claims statute, and a. M has complied with applicable claims statutes, or b. M is excused from complying because (specify): 6. ~ This action is subject to H Civil Code section 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. M a defendant lives here now. d. ~ the contract was to be performed here. e. ~ a defendant is a corporation or unincorporated association and its pnncipal place of business!s here. f. ~ real property that is the subject of this action is located here. g. ~ other (specify)J 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 Courits Other (specify): 9. DE 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 America Bank, N.A. FIA was merged into and under the charter and title of Plaintiff effective October I, 2014. 10 Plaintiff prays for judgment for costs of suit; for such rehef as is fair, lust, and equitabie; and for a. DG damages of: $22,192.97 b. HE interest on the damages (1) ~ according to the proof (2) [jQ at the rate of (specify): 0.0000 percent per year from (date)r November 30, 2019 c. ~ attorney's fees (1) ~of; $ (2) ~ according to proof. d. ~ other (specily): 11. ~ The paragraphs of this pleading alleged on information and behef are as follows (specify paragraph numbers): CC-1.a.(1), CC-t.a.(2), CC-2, CC-4.a., CC-4.b., CC-4.c., CC-4.d. Date: March 11, 2021 Anthony DiPiero ¹268246 (TYPE OB PRINT NAMEI iSIGNATURE OF PLAINTIFF OR ATTORNEY) (lf you wish to verify this pfeqdi, affix a verification.) PLO-C 00I [Re January I 200yi COMPLAINT-Contract Page 2 oi 2 1 420486.001 SHORT TITLE: Bank of America, N.A. v. CHRISTINE S DAVIS CASE NUMBER: PLD-C-001(2) FIRST fnumberi CAUSE OF ACTION-Common Counts ATTACHMENT TO QLI Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name)f Bank of America, N.A. alleges that defendant (name): CHRISTINE S DAVIS became indebted to IK plaintiff M other (name)J a. [K within the last four years (1) L)L) on an open book account for money due. (2) K] 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. ~ within the last ~ two years ~ four years (1) M for money had and received by defendant for the use and benefit of plaintiff. (2) M for work, labor, services and materials rendered at the special 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 M the sum of $ C3 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. $22,192.97 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof DU at the rate of 0 0000 percent per year from (date): November 30, 2019 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H of$ 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 (nAgreement") 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 $22,192.97, 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 Page 1 of f Form Appro ed for Cpbonal uee Judrmal Counol of Cal fom a PLOC-001f2f ipev Januaryr,2009] CAUSE OF ACTION-Common Counts code of ov I procedure, 0 425 12 www courrrnfo ca gov 1 420486.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATION(VENUE CASE NAIIIIE: Bank of America, N.A. v. CHRISTINE S DAVIS, 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: 5553 COPELAND PL, SAN JOSE CA 95124-6102 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 1420486.001