Complaint Limited Up to 10K

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

Electronically filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 12:32 PM Reviewed By:R. Guillermo Case #21CV379005 Env #6052207 21CV379005 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, and addmss):Th6 Moore Law Group, APC: FOvaounrUSE 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 Ana, CA 92799, 3710 S. Susan Street, TELEPHONE N0 800_506_2652 FAX N0. (Oplional): EMAIL ADDRESS (Optional).- ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara SWEET ADDRESS: 191 North Flrst Street MAILING ADDRESS: san Jose CA 95 1 13 CITY AND ZIP CODE Santa Clara COUIIty - San JOSE Courthouse BRANCH NAME: PLA'NT'FR Bank of America, NA. DEFENDANT: Melinda A Hattaway E Does 1 To CONTRACTm COMPLAINT E AMENDED COMPLAINT (Number): E cRoss_coMpLAlN-r E AMENDED CROSS-COMPLAINT (Number): Jurlsdlctlon (check all that apply):w ACTION IS A LIMITED CIVIL CASE Amount demanded % does not exceed $1 0.000exceeds $10,000 but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by thls amended complaint or cross-complaint Efrem limited to unlimitedE from unlimited to limited 1. Plaintiff" (name ornames): Bank 0f America N A , . . CASE NUMBER alleges causes of action against defendant‘ (name or names): Melinda A Hattaway 2. This pleading. including attachments and exhibits, consists of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adultm excep‘ Plaintiff (name): Bank 0f America, N.A. (1) Ea corporation qualified to do business in California _ (2) I:Ian unincorporated entity (describe): - (3) mother (specw)_-A national banking association organized and existing under the laws of the United States ofAmerica with its principal place ofbusiness in Charlotte, North Canlina. Plaintiff is a wholly owned subsidiary 0fBank ofAmerica I . Corporation and the successor-in-interest t0 FIA Card Services, N.A. (“FLA”), formerly known as MBNA America b'E Pla‘m'ff (name): Bank, N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1, 2014. a. [j 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 Information 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 organization. form unknown (1)E a business organization. form unknown (2)E a corporation (2)E a corporation (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) Eother (specific: (5)E other (specify): ' I! this (orm fis used as a cross-oomplainl, plaintiff means aossmmplainanl and defendant means cross-defendanl. Paga 1 o! 2 F%mfig‘fgfigyggfiflgse COMPLAINT-Contract Code or Civn Procedure, § 425. 12 PLD-C-OO1 [Rem January 1, 20071 Ameriwn LegalNel. Inc. www.FomsWarkllow.com PLD-C-001 SHORT TITLE: Bank ofAmerica, N.A. V. Melinda A Hattaway 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): are persons whose capacities are unknown to plaintiff. were the agents or employees of the named c. E Information about additional defendants who are not natural persons is contained in Attachment 4c. d_ E Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. E Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (special): 6. D This action is subject to D Civil Code section 1812.10 E Civil Code section 2984.4. 7. This coun is the proper court because a. E a defendant entered intothe contract here. b. E 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. E a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real property that is the subject of this action is located here. g. D other (speciM: . 1 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): . E Breach ofContract Common Counts E Other(speciry): 9. m Otherallegations: Defendant is an adult individual 10. Plaintiff prays foriudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. K] damages of: $ 2874.66 b. D intereston the damages (1)D according to proof (2)E at the rate of (specity): percent per year from (date): c. D attomey'sfees (1)D of: $ (2)D according to proof. - d. m other (Specifil): Plaintiff seeks to recover its costs of suit. Plaintiff waives all attorney’s fees, post charge-off interest, and post judgment interest. 11. E The paragraphs of this pleading alleged on information and belief are as follows (specify Maria Bradish_ Adam rumage__ Don Phan- ragraph numbers): Date: Huy_ Ryota Isozaki_ Derrick Uhri_ I Jeremy Kimmelman_ Eric Marquez_ Karlie MAR ‘3 B 202g D Schafer_ p mp5 0R PRINT NAME) V(SIGNATURE 0F PLAINTtFF 0R ATTORNEY) (If you_wish to verify this pleading, affix a verification.) “WW IReV- January 1- 20071 COMPLAINT-Contract Pass z or 2 PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: Bank 0f America, N.A. V. Melinda A Hattaway FIRST ' CAUSE OF ACTION-Common Counts (number) ATTACHMENTTO m Complaint E Cross-Complaint (Use a separate cause ofaction form for each cause ofaction.) 001. Plaintiff (name): Bank 0f America, N.A. alleges that defendant (name): Melinda A Hattaway became indebted to E 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 E 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 $D the reasonable value. (3) D for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD the sum of $E the reasonable value. (4) for money lent by pIaintiff 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 (specifiz):Defendant applied for and received a credit account which is owned and administered by Plaintiff currently ending XXXXXX)OQQ(XX7055. 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 objection. The balance sought includes any applicable payments and credits. Based on plaintiffs records, there are no unresolved disputes related to the Account. CC-2. $ 287466 ,which is the reasonable value, is due and unpaid despite plaintifi's demand, plus prejudgment interest D according to proof E at the rate of percent per year from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statuteD of $E according to proof. 004. E Other. Plaintiff seeks to recover its costs of suit. Plaintiff waives all attorney’s fees, post charge-off interest, and post judgment interest. Page ' Page 1 on Form mved I01 0 l'o IU __c Code of Civ'l Procedure. § 425.12 Judmmundlolga‘figmase CAUSE OF ACTION ommon counts ‘wmwum'nfa.m.gov PLD~C-001(2) [Rev. January 1, 2009] Amenwn LegaINek, Inc. www. FormsWorkflow.oDrn