Complaint Limited 10K and 25KCal. Super. - 6th Dist.March 17, 2021Electronically filed by Superior Court of CA, County of Santa Clara, on 3/17/2021 12:37 PM Reviewed By:R. Guillermo Case #21CV379011 Env #6052320 21CV379011 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Paul Bum, Esq. SBN; 298335) F°”°°"""SE°"” MICHAEL & ASSOC ATES, PC 555 St. Charles Drive, Suite 204, Thousand Oaks, CA 91360 TELEPHONE No: (805) 379-8505 FAX No‘ (Optional); (805) 379-8525 E-MAIL ADDRESS (Optional); ATTORNEY FOR (Name): American Express National Bank SUPERIOR COURT 0F CALIFORNIA, COUNTY 0? SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODESan Jose, CA 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF: American Express National Bank DEFENDANT: Sriram Reddy Challa , aka Sriram Red Challa, aka Sriramreddy Challa, aka Sriramred Challa, an individual DOES 1 To 20 CONTRACT COMPLAINT E AMENDED COMPLAM (Number): [:3 CRoss-COMPLAINT [:3 AMENDED CRoss-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBER,ACTiON IS A LIMITED CIVIL CASE ' Amount demanded does not exceed $1 0,000 X exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNUMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSEFEED by this amended complaint or cross-complainta from Eimited to unlimitedE from unlimited to limited 1. Plaintiff‘ (name 0r nameS)-' American Express National Bank alleges causes of action against defendant" (name or names): Sriram Reddy Challa , aka Sriram Red Challa, aka Sriramreddy Challa, aka Sriramred Challa, an individual; Does 1 to 20. 2. This pleading, inchding attachments and exhibits. consists of the following number of pages: 1 1 3. a. Each ptaintiff named above is a competent adult except plaintiff (name): American Express National Bank (1) -a corporation qualified to do business in California (2) man unincorporated entity (describe): (3) mother (specify): b.E Plaintiff (name): a. :has complied with the fictitious business name taws and is doing business underthe fictitious name (specify): b-E has complied with all licensing requirements as a iicensed (specify): c, [:3 Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural persona except defendant (name): E except defendant (name): (1) a a business organization, form unknown (1) a a business organization, form unknown (2)E a corporation (2) [:3 a corporation (3) [:Z] an unincorporated entity (describe): (3) [:3 an unincorporated entity (describe): (4)a a public entity (describe): (4)E a public entity (describe): (5) m other (speciM: (5)D other (specify): ' if this form is used as a cross-complaim. plaintiff means cross-compiainant and defendant means cross-defendant. Page 1 cf 2 Form Approved for Optional Use ____ . . Judicial Council 0t Califomia COMPLAINT contract Code of CMI Procedure. § 425. 12 PLD-C-OD1 [Rev. January 1. 2007} LexisNexis® Aulamated California Judicial Council Forms PLD-C-001 SHORT TITLE CASE NUMBER AMEX vs. Challa, et al. 4. (Continued) b. The true names of defendants sued as Does are unknowq to plaintiff. (1) Doe defendants (specify Doe numbers): 1-10, mClUSlVe were the agents or employees ofthe named defendants and acted within the scope of that agency or employment. (2) Doe defendants (specify Doe numbers): 1 1-20” Incluswe are persons whose capacities are unknown to plaintiff. c. E Information about additional defendants who are not natural persons is contained in Attachment 4c. d‘ D Defendants who arejoined under Code of Civil Procedure section 382 are (names): 5. m Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b‘ D is excused from complying because (specify): 6. [:1 Thisacuon is subject to D csvn Code section 1812.10 D cmu Code section 2984.4. 7. This court is the proper court becauseE a defendant entered into the contract here.D a defendant lived here when the contract was entered into. a defendant fives here now.D the contract was to be performed here.E a defendant is a corporation or unincorporated association and its principal place 0f business is here.E real property that is the subject 0f this action is located here.a other (specify): ‘PrfiFDP-OFTF” 84 The foilowing causes of action are attached and the statements above apply to each (each complaintmust have one or more causes of action attached): E Breach of Contract Common Counts E Other (specify): 9. a Otherallegations; 10. Plaintiff prays forjudgment for costs 0f suit; for such relief as is fair, just, and equitable; and for a, damagesof: $ 10,393.29 b, E interestonthe damages (1)D according to proof (2)E at the rate of (specify): percent per year from (date): c, E attorney's feesmm of; $ (2)D according to proof. d [:1 other(specify)r 11_ The paragraphs of this pleading alleged 0n information and belief are as follows (specify paragraph numbers): 7 Date: March \\3 , 2021 \/fl Paul Eum. Esq. SBN: (298335) } \ (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTI OR ATTORNEY) (If you wish to ven’fy this pieading, affix a venflcation.) PLD~C.001 {Rev January 1, 20073 COMPLA|NT_Contg-act \ Page 20f 2 Le.\'zsx\’c.\wi§\ Amomawd Cahibrma Judlaaf (70mm! Forms PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: AMEX vs. Challa, et a]. FIRST (number) CAUSE OF ACTIONwCommon Counts ATTACHMENT To Complaint [:] Cross-Complaint (Use a separate cause of action form for each cause of action) CC-T Plaintiff (name)? American Express National Bank aHeges that defendant (name): 5mm Redd, Chan became indebted to a _ aka Snrum Red L‘halla, aka Snmmreddy Chaim, aka Snrzunred Chaila‘ an Individual; Does l lo 30, plaintiff E] other (name): a. withinthelastfouryears (1) <2) on an open book account for money duel because an account was stated in writing by and between piaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. [j withinthelast E two years E] fouryears (1) E for money had and received by defendant for the use and benefit 0f plaintiff. (2) |:| for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. [j the sum of $E the reasonable va|ue. (3) |:| for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [j the sum of $E the reasonable value. (4) D for money lent by plainiifito 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) E other (specify); (30-2. $ 100393.29 ,which is the reasonabie value, is due and unpaid despite plaintiffs demand, plus prejudgment interest E] according to proof E at the rate 0f percent per year from (date): CC-3. D Plaintiff is entitled t0 attorney fees by an agreement or a statuteD of$E according to proof. (30-4. D Other: Form Approved for Optyonat Use Judlma! Council of Cahfomia PLDic-OO1(2) [Rev January 1‘ 2009] Page 3 0f 1 1 Page 1 0H CAUSE 0F ACTIONmCommon Counts COGBO‘C‘NPWWC‘W‘ W‘s ‘2www coumnfo cagov Lexrm‘i’xfis‘[<1 1-1 utomared California Judrcm/ (701mm! Farms PLD.c.oo1(2) SHORT TITLE; CASE NUMBER: AMEX vs. Chaila. et a1. SECOND CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1- Plaintiff (name)3 American Express National Bank alleges that defendant (name): SWIM“ RCdd}’ Chill“ , HRH Sfimm Rad Chalk: aka Srlramrcdmly (‘lmHa‘ aka Srir‘amred L‘halla. 2m indWIduaL Does | 10 20 became indebted to pEaintiff [j other (name): a. E3 within the last four years (1) E 0n an open book account for money due. (2) [:3 because an account was stated in writing by and between piaintiff and defendant in which it was agreed that defendant was indebted to piaintiffV b. within the last [:1 two years four years (1) E] 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. I E the sum of $ El the reasonable value. (3) E for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised t0 pay plaintiffD the sum of $a the reasonable value. (4) for money lent by plaintiffto defendant at defendant’s request.D for money paid. laid out, and expended to 0r for defendant at defendant's special instance and request.D other (specify): CC~2. $ 10.39329 .which is the reasonable value, is due and unpaid despite plaintiff’s demand, plus prejudgment interest E according 10 proof D at the rate of percent per year from (date): (30-3. D Plaintiff is entitled t0 attorney fees by an agreement 0r a statuteE of$E accordingto proof. CO4. D Other; Page 4 0f 11 Page 1 of1 Fe(m Approved for Optionai Use ____ Code of Cm! Procedure. § 425 12 Judsoal Councn of California CAUSE OF ACTION common counts www coumnfo ca gov PLD-C-DOHZ) {Rev January 1‘ 2009] Lavis'A’eix'xs3R1 Azumnaied (fiL'z/g/bmr‘a Juditial ("ozmczl Formx EXHIBIT ”A” Blue Cash Everyday® from American Express p. 1/6 SRERAM REDDY CHALLA Customer Cate: $888383?“ Closing Date 07/2830 TTY: 1800-2219950 Account Ending “3007 Website: ame:icanexpress.com ' Get cash back for eligible ‘ M?V‘f Baiance $10’393’29 purchases when you use the 1; Mmlmum Payment Due $2,156.00 g Card. F01 moae detaiis about Rewards, please VisiimdUdeS the pa“ due amount Of M9500 ame1’tcs::exp:’eas.cam{wfitbackmwaréa Payment 9999“” . ... . . 08’23’297 f Account Summary 4 Late Payment Warning: If we do not receive your Minimum Payment Due by - PVQV'OUS Balance 3 ‘035329 the Payment Due Date of 08/23/20, you may have to pay a Sate fee of up to j Paymentstredtts 450.00 $4000 and your APR; may be increased to the Penalty APR of 29.24%. g ‘ New Charges +£0.00 ‘ Fees +£40.00 Interest Charged +£0.00 Minimum Payment Warning: If you make oniy the minimum payment each period, i N9”? 833nm 51039329 you wit! pay more in interest and 5t wiil take you longer to pay off your balance. For ’ > M'mmum Paymef‘t DU? 52:1 55-00 example: ’ - , ., , , . . _ _ _____ _ . CreditleéE $9,200.00 If you make no additionai You wiI! pay ofi the baiance And you wit! pay an Available Cledit $0.00 Sgigea and each month you :Eéixxtn on this :tatement m estimated total 0f.” > Cam Advance Um“ $0.00 K. 3 . Availabie Cash $0.00 Oniy me ‘_ Mimmum Payment Due 30 Yea“ 3245910 tfyou would like information about credit counseiing services, cal! 1v808-733-4I 39 E): See page 2 for Imponant infmmation about you: account. (D Your account is canceiled‘ Q Please refer to the IMPORTANT NOTECES section on pages S ~ 6. ~L Please {Did on {Em perforation below, detad‘x and retum with your payment ‘1’ g Payment Coupon Pay by Computer r Pay by Phone ficcount Ending 1007' De not sfapie or use paper dips anmencanexpress.com/pb( 1-800-472-9297 Enter 1S digit account $f on ail payments. Make check payabie to American Exp: 953. SRIRAM REDDY CHALLA Payment Due Date 08123120 - New BaianceSANTA CLARA CA 9505? 3434 $10,393.29 Minimmn Pa mam Due £12,} 56.00 See [averse side for instructions AMERICAN EXPRESS $_- on how t0 update you: address, PO BOX 00m Amount EDC‘GSGd phone number, or emall‘ L05 ANGELES CA 90096-8000 ”3|HnmlimlllnIHHLIIIHmHmHmHmmmm” SRERAM REOSY CHALLA Payments: You: payment must be sent to the payment addsess ghown 0n your statement and must be recewed by 5 pm iota? tame («that addresgm be credlted as of the day it Is zecewed. ?ayments we receive after S pm. malt not be credited to your Account unrii the next day; Payments must also: {3) mcfude the {emittance coupon ?'mm you: steten‘lent; {2) be made thh a Single Check drawn on a US bank and payabie 'm US dollars, 0r with a negotiabie mstrument payable in US dolEars and dearabie through the US banking system; and (3} include your Account numbey. if your payment does not meet all of the abme requiremenis, crednfing may be detayed anti you may Incm‘ iate payment fees and additlonaf interest charges. Eiectronic payments must be made through an eiecfronic payment method payabEe in US doliars aqd ciearabie through the US banking system. If we aficept payment m a foreign cunency, we wilI convert it inn) US dofiaxs at a car‘version rate that Is acceptabie- to us, uniess a pamcufar rate i5 requireri by law. ?Iease do nor send postdated checks as they wilt be depositezfi upon receipt. Any restrictive language on a payment we accept wiii have no effect on us without om emzess prior written approvai, We WIEi re» piesent t0 your financiai Institution any payment that i5 returned unpaid. Permission for Electronic Withdrawaini} When you send a check fer payment; you give us permissnon to eiectromcaifiy Withdraw your payment from your deposn o: other asset account, We will process checks eietuonicaliy by transmitting the amount of the Check, muting number, account number and check serial number to your financeai institution, unless the check is not processable eiectronicaily or a less costiy process is avaaiabie, Wheri we 910C655 your check eIectI'QrticaIEy, your payment may be wzthdrawn fmm your deposit 0r other asset account aS soon a5 the same day we reaeive your Check, and you wt“ not reieive that canceiled check With your deposit or Other asaet account statement. ifwe cannot colted the funds electmnicalfy we may Issue a draft against yamdepesst 0! ether asset account for the amount of the check. {2} By using Pay By Computel, Pay By F‘hone m any other eiectromc payment serwce of ems, you give I35 peimlssmn to eéectrcnicalfy withdraw funds feom the depogit 0r other asset account you specify m the amaunt you request. Payments usmg such sewaceg 0f ours recanted after 8:80 pm, MST may not be credited unui the next day. How We Cnfcniate Your Baiance: We use the Average Daéiy Baiance [’AQB) method (including new transactions} to calcuiate the bafance on which we charge interest on your Account Caii the Customer Cafe number on page 3 for muse infannauon about this baiance computation method and how resulting interest Charges are determined The :‘nethod we Use :0 figure {he ADE and interest reamsm daffy compounding ofmiemsn Fnying inferest: Your due- date is at least 25 days after me close 0f each hiiling period. We wil| not charge you interest cm your purchases if vou pay each month your entire balance (0r Adjusted Baiance if appiicabie} by the due date each month. We wiIE charge you interest cm cash advances and gunfiess otherwsse :iisdosed} balance transfeis begirmmg rm the transaction aze. Foreign Currency Charges: if you make a Charge in a foreign currency, we will convert it into US dolfazs on the date we o: ow agents process it. W9 wilt charge a fee of 2.70% of the converted US doliar amount. We Wt” choose a conversion rate that is acceptabfe to us for that date, Lmiess a pastscuiar rate is :equired iay Saw. The conversion rate we use Es n0 more than the highest officiai rare pubisshed by a gavernmem agency or the highest interbank rate we identify from Customary banking somtes on the corwefsion date 0r the pnor busmess day. This rate may dlfi‘ev from {ates En effect 0n the date of you; charge. Charges convened by establishments {sud} as aidines} wati be bilied at (he rates such establishments usa Change ofAddress, phone number, email - Onl‘me at wwwxa‘fimrica:wxpmssfitamrupéfigwnwamfc - Via mobile device ~ Voice automated: (aii the number (m the bazk of yous card - Fm name, company name, and foreign address or phone changes, piease (ail Customer Care Piease do not add any written communication or address change on this stub Account Ending mo? p. 226 Credit Balance: A credit baEance (designated CR} shown on this statement represents monay owed t0 you. 1f within the sianonth period foiEowing the date 0f the first statement indicating the credit balance you d0 not {equest a refund or charge enough t0 use up the Credit balance, we wit! send you a Check for the credit balance mrhin 30 days 1f the amount is $1.00 0e mote. Credit Reporting:We may repozt information about your Account t0 credit bureaus. Late payments, missed payments, 3r other cfefeuits on your Acmum may be refleaed m your credit repair. What Tc Do If You Think You Find A Mistake On Your Statement 1f you think there is an error Qn your staten'sem, write {o us at; Amencan Express, F'O 80x 98 i S35, E1 Peso TX 7999845 35 ‘u‘ou may aiso coniact us on the Web; www.anmeriwnexpresmom ln your Getten give us the foflowéng information: - Account information: Your name and account numbez‘ - Doiiar amount: The doilar amount of the suspected error; - Description of Problem: if you think there is an error on your bIEI, describe what you beiieve is wrong and why you behave it is a mistake You must contact us within 60 days after the ei’rm appeared on your Sta remam, You must nmlfy us of any potentiai ertors m wming [or electmmcaliy}. You may caEE us, bur if you do we a: e not required E0 investigate any potenuai errms and you may have ‘Eo pay the amount in question. While we irwestrga {e whether or not there has been ar; enar, the Foiiowing are nus: wWe Cannot fly to token the amount in question or report you as deiinquem 0n {hat amount - The charge m quesrion may remain on your statement, and we may mntimje to charge yam s‘nierest on that amount But, if we determme that we made a mistake, you b Iiii not have to pay the: amount m question or any rmerest 0r other fees veiated to that amount. ~ Wixiie you do not have {o paythe amount 5n question, yen axe responsibie for the remainder 0f your balance - We (an 353933,: any unpaid amount against your credli Eimst. You! Rights if You Am Dissatixfiad With Your Credit Card Purchases Ef you are dzssatisfied With the goods or serv‘eces that you have purcha sed wsth you: (redit tam, and you have tried in good fatth to correct {he probfem with the meycham, you may have the nght not to pay the remaining: amount due on the purchaseV T0 use this fight, ail 0f the foilowing must be true: 1. The purchase must have been made in your home state or within 100 miies 0f your Curfew: maaimg address, and the purchase price must have been more than 3-50 (Note: Neither of these is necessary if you: pwchase was based on an advertisement we maiied to you or ifwe own the campame that sold you the goods 0! services.) 2. You must have used your czedit ca rd for the pwchase. Purchases made with cash advances fmm an ATM or with a check that accesses your Ciedit card account do not qualify 3. You must net yet have fufiiy pad for the purchase if aii of [he criteria above are met and you aie stiEi dissatisfied with the purchase, contact us In writing or eiectronicaily at: Andaman Express, PO 80x 981 535, El Past) TX 799984 53S mvwamericanexpress‘com While we investigate, the same ruies apply to the disputed amount as discussed above. After we finish our investigation, we Will {e5 yum ou: decision, At that point, if we think you owe an amount and you do not pay we may report you as deiénquent. Pay Your Bill with AutoPay Deduct your payment hem your bank account automaticafily each month, - Avoid iate fees - Save tame ?Vésit americasxexpwsawmiamega}: 3:0de {o enroll, F01 information 0n how we protectyom privacy and E0 set your communmatiora and privacy choices: please visit www.ameflcanexpresssomfprivacy‘ Blue Cash Everyday“? from American Express p. 3/6 SRERAM REDDY CHALLA C¥osing Date 07/29/20 Account Ending 100? Customer Care & Billing inquiries 1688-2583741 Hearing Impaired lntemationai Coiled 3- 36393-1 1 H TTY: 1~800722L9950 i i 3 Website: americanexpzessgom Large Print 8; Braille Statements 13V 825873741 FAX: 16231074442 tsCash Advance at fiTMs inquiries TOOACASH-I‘JOW in NY: 1800752} 1 897 CUStOmer Cam & Biking Inquiries Payments PO. BOX 981 S35 PO BOX 0001 EL PASO, TX L08 ANGELES CA 799984 535 90096-8000 v 3Fees 3 Amount 07/23/20 Late Payment F93 $4000 Total Fees for this Period $40.08 f § 5 Interest Charged Amount Total Interest Charged for this petiod . ~ $0.00 About Trailing Interest You may see interest on your next statement even 1f you pay the new balance m {UH and on txme and make no new charges. This is called “trailing Interest". Traiiing mteresE is the interest Charged when, for exampie, you didn‘t pay your pyevious baiance m fulIA When that happens, we chayge interestfrom the first day ofthe brmng period umii we re
