Complaint Limited 10K and 25KCal. Super. - 6th Dist.March 17, 2021ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and addressf Hunt 8 Henriques, Attorneys at Law Donald Sherrill ¹266038 ) ( Anthony DiPiero 0268246 7017 Realm Dr. San Jose CA 95119 TELEPHONE NO (800) 680-2426 E-MAIL ADDRESS fopi oneli ATTDRNEY FQR (Name) Plamtiff FAX NO IDplionel) (408) 362-2299 STREET ADDFIESB 191 North First Street MAILING ADDRESS clTY AND zip coDE San Jose CA 95113 BRANGH NAME Downtown Supenor Court PLAINTIFF: Bank of America, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONLY DEFENDANT VICTOR VAZQUEZ-TAPIA ~ DOES I TD (JL) COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number)r M CROSS-COMPLAINT H AIIIIENDED CROSS-COMPLAINT (Number)f $11,678.78 CASE NUMBER Jurisdiction (check all that apply): DE ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000 DU 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 M 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): VICTOR VAZQUEZ-TAPIA 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~ except plaintiff (name): Bank of America, N.A. (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) DE 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 compked with the fictitious business name laws and is doing business under the fictitious name of (specify): except defendant (name): (1) ~ R business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): b. ~ has comphed with all kcensing 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 (namefi (1) ~ - biisiness organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (descnbe) (5) ~ other (specify): Form App o ed for Optional Use Jud aal Counal of California If this form is used as a cross complaint, pie nt 5 means cross complement and defendant means cross defendant COIIIIPLAINT-Contract Inlllllll5llllllllllllllllllNllllllllllllll Page I of 2 CodeofCnilProced re,542512 1440193.001 Electronically filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 10:14 AM Reviewed By:R. Guillermo Case #21CV378965 Env #6050321 21CV378965 SHORT TITLE Bank of Amenca, N.A. v VICTOR VAZQUEZ-TAP)A CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) ~ Doe defendants (specily 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 (speciiy Doe numbers): are persons whose capamties 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)T 5. M Plaintiff is required to comply with a claims statute, end a. M has complied with applicable claims statutes, or b. M is excused from complying because (specify): 6. ~ This action is subject to ~ 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 kved 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)T 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 Common Counts Other (specify): 9. DU Other allegations: Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A. (aFIA"), formerly known as MBNA America Bank, N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1, 2014. 10. Plaintiff prays for judgment for costs of smt; for such relief as is fair, just, and equitable; and for a BG damages of: $11,678.78 b. (JLj interest on the damages (1) ~ according to the proof (2) (JLj at the rate of (specify)T 0.0000 percent per year from (dste): June 29, 2019 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify): 11. QQ The paragraphs 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.b., CC-4.c., CC-4.d. Date: March 11, 2021 AnthonV DiPiaro 2268246 )TYPE OR PRINT NAME) ax ~TSIGNATURE QF PLAINTIFF QR ATTQRNEY) (lf you wish to verify this pleading~fix s verification.) COMPLAINT-ContractPLO.C 00IIRev Jaoaafv 1,20011 Page 2 of 2 1 4401 93.001 SHORT TITLE: Bank of Amenca, N.A. v. VICTOR VAZQUEZ-TAPIA CASE NUMBER: PLD-C-001(2) FIRST in mba) CAUSE OF ACTION-Common Counts ATTACHMENT TO [K Complaint M Cross - Complaint (Lise a separate cause of action form fcr each cause of actron3 CC-1. Plaintiff (name)r Bank of America, N.A. alleges that defendant (name)r VICTOR VAZQUEZ-TAPIA became indebted to K3 plaintiff M other (name): a. [K within the last four years (1) (JL| 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. C] within the last M two years M 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 dehvered to defendant and for which defendant promised to pay plaintiff M the sum of $ E3 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)r CC-2. $11,678.78 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof DLl at the rate of 0 0000 percent per year from (date): June 29, 2019 CC-3. M Plaintiff is entitled Io attorney fees by an agreement or a statute H ot$ according to proof. CC-4. DLl Other: a. Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the "Account"). Defendant used or autho, ized 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 $11,678.78, 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 bilhng disputes related to the Account. Page Pedi! 1 of 1 Form approved for Optional uee Judiual Co nul of Cal fo a PLD-Cool (2) tfeev Januae 1, 2009) CAUSE OF ACTION-Common Counts Code of Civ I Procedure, 0 425 12 www coumnle ca pov 1440193.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Bank of America, N.A. V. VICTOR VAZQUEZ-TAPIA, 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: 1090 REED AVE APT 14, SUNNYVALE CA 94086-8447 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 ature of Plaintiff's Attorney Hunt & Henriques 1 4401 93.001