Complaint Limited Up to 10K

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

E-FILED 3/17/2021 11:23 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV378975 Reviewed By: N. Christopherson 21CV378975 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address):The Moore Law Group: APC FOR coum’ USE ONLY Maria Bradish (288384) Adam Brumage (283 180) Don Phan-Huy (309853) Ryota Isozaki (321040) Derrick Uhri (321 161) Jeremy Kimmelman (322958) Eric Marquez (33 1023) Karlie D. Schafer (331884) P.O. Box 25145, Santa An; CA 92799, 3710 S. Susan Street, TELEPHONE NO: 800_506_2652 FAX NO. (Optional): E MA". ADDRESS (Optional): ATTORNEY FOR (Name)- Plaintlff SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS, 191 North First Street MNUNG ADDRESS: San Jose CA 951 13 cm, AND 2,? CODE Santa Clara County - San Jose Courthouse BRANCH NAME: PWNT'FR Bank of America, N.A. DEFENDANT‘ Denise L Walker E Does 1 To CONTRACTm COMPLAINT D AMENDED COMPLAINT (Number): E caosscompLAm-r E AMENDED caoss-COMPLAINT (Number): Jurlsdlctlon (check all that apply):m ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $1 0,000 exceeds $10,000 but does not exceed $25,000E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION Is RECLASSIFIED by thls amended compiaint or cross-complaintD from limited to unlimited CASE NUMBER E from unlimited to limited 1. Plaintiff” (name ornames): Bank OfAInerica N A, . . alleges causes of action against defendant‘ (name or names): Denise L Walker 2. This pleading. including attachments and exhibits. oonsisIs of the following number of pages: 3 3. a. Each plaintiff named above is a competent adultm except plaintiff (name): Bank of America, N.A. (1) Ea corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) mother (speciw):-A national banking association organized and existing under the laws ofthe United States ofAmerica with its principal place ofbusiness 1n Charlotte, North Carolina Plaintifi Is a wholly owned subsidiary ofBank of America I I Corporation and the successor-in-interest to FIA Card Services, N.A. (“FIA”), formerly known as MBNA America b-E P‘amt'ff (name): Bank, N.A. FIA was merged into and under the charter and title of Plaintifl cfi‘ective October l, 2014. a.E has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b-E has complied with all licensing requirements as a licensed (specify): c.E lnfonnation about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personE except defendant (name): E except defendant (name): (1) E a business organ'zation. form unknown (1)E a business organization. form unknown (2)E a corporation (2)E a wrporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)E a public entity (describe): (5) E other (specify): (5)E other (specify): ' I! mis (orm ls used as a cmssaumplalnl. plaintiff means aoss-complaimnl and defendant means cmssdelendanl. Paga 1 of 2 Ffimgfimm5°$$zgggffo§gse COMPLA‘NT-Contract Code or civn Procedure. § 425. 12 PLo-com [Rem January 1. 20071 American LegalNet. Inc. www.FonnsWarkflow.com PLD-C-OO1 SHORT TITLE: Bank of America, N.A. V. Denise L Walker CASE NUMBER: 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe defendants (specify Doe numbers): defendants and acted within the scope of that agency or employment. (2)D Doe defendants (specify Doe numbers): plaintiff. were the agents or employees of the named are persons whose capacities are unknown to c. D Information about additional defendants who are not natural persons is contained in Attachment 4c. d, D Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. E Plaintiff is required lo comply with a claims statute,land a. D has complied with applicable claims statMes. or b. E is excused from complying because (specify): 6. D This action is subject to [j Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered intothe contract here. b. D a defendant lived here when the contract was entered into. c. m a defendant lives here now. d. E the contract was to be performed here. e. D a defendant is a corporation or unincorporated association and its principal place of business is here. f. E real property that is the subject of this action is located here. g. D other (special): . I 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): . U Breach ofContract w Common Counts E Other (speciM: 9. E Otherallegations: Defendant is an adult individual 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just. and equitable; and for a. E damages of: $ 4013.12 b. D _ interest on the damages (1)D according to proof (2)E at the rate of (special): percent per year from (date): c. D attorney's fees (1)D of: $ (2)E according to proof. d- m other (Specify): Plaintiff seeks to recover its costs of suit. Plaintiff waives all attorney’s fees, post charge-off interest, and postjudgment interest. 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Maria Bradish_ Adam rumage_ Don Phan- Date; Huy_ Ryota Isozaki-_ Derrick Uhri_ Jeremy Kimmelman__ Eric Marquez_ KarlieMAM? D Schafer(TYPE OR PRINT NAME) ( G RE 0F pLAINTcFF 0R ATTORNEY) (Ifyou wish to ven'fy this pleading, affix a verification.) Pmmm [Rem January 1. 20071 COMPLAINT-COntract Page 2 of 2 pLD-c-oo1(2) SHORT TITLE: CASE NUMBER: Bank 0f America, N.A. V. Denise L Walker FIRST CAUSE OF ACTION-Common Counts (number) A'ITACHMENTTO m Complaint E Cross-Complaint (Use a separate cause of action form for each cause ofaction.) 001. Plaintiff (name).- Bank of America, N.A. alleges thatdefendant (name): Denise L Walker became indebted to m plaintiff E other (name): a. within the last four years (1) on an open book account for money due. (2) m 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. E within the last E two years m four years (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) E for work. labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.D the sum of $E the reasonable value. (3) D for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffE the sum of $D the reasonable value. (4) for money lent by plaintiff lo defendant at defendant's request. (5) E for money paid, laid out. and expended to or for defendant at defendant's special instance and request. (6) m other (specify);Defendant applied for and received a credit account which is owned and administered by Plaintiff currently ending XX)OQO(XXXXXX8703. Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances. In accordance with federal regulations, monthly periodic statements for the Account were delivered to, received and accepted by Defendant without successful obj ection. The balance sought includes any applicable payments and credits. Based 0n plaintiff’s records, there are no unresolved disputes related to the Account. CC-2. $ 4013_ 12 .which is the reasonable value, is due and unpaid despite plaintiff‘s demand, plus prejudgment interest D according to proof D at the rate of percent per year from (date): CC-3. E Plaintiff is entitled to attorney fees by an agreement or a statuteE of $D according to proof. CC4. fl omen Plaintiff seeks to recover its costs of suit. Plaintiff waives all attorney’s fees, post charge-off interest, and postjudgment interest. Page Page 1 of 1 Form Approved tor cpuonan Use CAUSE 0F ACT|0N_common coums Code orcm Procedure. § 425‘ 12 Judicial Council o! California www.muninla.m.gov PLDGOOKZ) [Rev]. January 1, 2009] Amerimn LegalNet. Inc. www.ForrrIsWorkflow.GDrn