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 12:39 PM Reviewed By:R. Guillermo Case #21CV379013 Env #6052283 21CV379013 PLD-C-001 ATTQRNEY 0R PARTY WITHOUT ATTORNEY (Name, state Barnumber. and audmss):Th6 Moore Law Group, AFC, Fan counr use ouLy Mama Bradish (288384) Adam Brumage (283 180) Don Phan-Huy (309853) Ryota Isozakl (321040) Derrick Uhri (321 161) Jeremy Kimmelman (322958) Eric Marquez (33 1023) Karlie D. Schafer (33 1884) P.O. Box 25145, Santa Ana CA 92799, 3710 S. Susan Street, TELEPHONE NO: 800_506_2652 FAX NO. (Opliunal): E-MAIL ADDRESS (Optional).- ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 North Flrst Street MAILING ADDRESS: San Jose CA 951 13 cm, AND ZIP CODE Santa Clara County - San Jose Courthouse BRANCH NAME: PLA'NT'FF: Bank 0f America, N.A. DEFENDANT: Angelica Marie Nelson E Does 1 To CONTRACTm COMPLAINT E AMENDED cOMPLAINT (Number): E CR055-00MPLAINT E AMENDED CROSS-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)D ACTION Is RECLASSIFIED by tms 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): Angelica Marie Nelson 2. This pleading. including attachments and exhibits. consisis 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) :la corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3)m other (specifiyA national banking association organized and existing under the laws of the United States ofAmerica with its principal place of business in Charlotte, North Carolina Plaintiff is a wholly owned subsidiary ofBank of America I _ Corporation and the successor-in-interest to FIA Card Services, N.A. (“FIA”), formerly known as MBNA America b‘E P‘a'nt'fi (name): Bank, N.A. FIA was merged into and under the charter and title ofPlaintiffeffective October 1, 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 Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person ' D except defendant (name): E except defendant (name): (1) E a business organ'zation. form unknown (1)E a business organization. form unknown (2)D a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (descn'be): (4)E a public entity (describe): (4)E a public entity (describe): (5) E other (specify): (5)E other (specify): ' If this fonn ls used as a cross-oomplaim. phinliff means doss-comuainanl and defendanl means cross-derendanl. Page 1 of Z Fflmfigfidnéflgggfglngse COMPLAINT-Contract Code orCM Procedure. § 425. 12 PLD~C~OO1 [Rem January 1. 20071 American LegalNel. Inc. www.FormsWarkllaw.c0m PLD-C-OO1 SHORT TITLE: CASE NUMBER Bank of America, N.A. V. Angelica Marie Nelson 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) D 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)E Doe defendants (specify Doe numbers): are persons whose capacities are unknown to ptaintiff. c. D Information about additional defendants who are no! natural persons is contained in Attachment 4c. d. [j Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required lo comply with a claims statute, and a. E has complied with applicable claims slatmes. or b. E is excused from complying because (special): 6. D This action is subject to E Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because a. E 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. D 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 ls the subject of this action Is located here. g D other (special): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes ofaction attached): ‘ D Breach ofContract Common Counts D Other (speciM: 9. E Otheranegations: 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: $ 3672.44 b. E intereston the damages (1)E according to proof (2)E at the rate of (specify): percent per year from (date): c. D attorney's fees (HE of: $ (2)D 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. r 11. E The paragraphs ofthis pleading alleged on information and belief are as follows (specify paragraph numbers): Maria Bradish Adam Brumage Don Phan- Dale: Huy_ RyotaTsEzaki_ Derric Uhxi_ ‘ Jeremy Kimmelman_ Eric Marquez_ Karlie / MAR Ml D Schafer_ v/«va 0R PRINT NAME) TURE 0F pLAINTIt-‘F 0R ATTORNEY) (lfyou wish to verify this pleading, affix a verificatlosn) PLDC-OUI [Rem January 1. 2007] coMPLAINT_cOl-ltract p593 z 0'2 PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: Bank of America, N.A. V. Angelica Marie Nelson FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENTTO m Complaint D Cross-Complaint (Use a separate cause ofactfon form for each cause ofaction.) C01. Plaintiff (name): Bank of America, N.A. aIleges that defendant (name): Angelica Marie Nelson became indebtedto 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 D two years four years _ (1) E for money had and received by defendant forthe use and benefit of p|aintiff. (2) D for work, labor. services and maten‘als 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 to defendant at defendant's request. (5) w for money paid, laid out, and expended to or for defendant at defendant's spec‘el instance and request. (6) other (specify):Defendant applied for and received a credit account which is owned and administered by Plaintiff currently ending XXXXXXXXXXXX7843. 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. $ 3672.44 ,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. D Plaintiff is entitled to attorney fees by an agreement or a statute [:1 omE accordingto proof. 0C4. m Other. Plaintiff seeks to recover its costs of suit. Plaintiffwaives all attorney’s fees, post charge-off interest, and postjudgment interest. Page Page 1 of 1 Form raved for O fional U . ,c Code of Civil Procedure. § 425.12 JudicipaECOundlo! gal'rlomiase CAUSE OF ACTION ommon counts mmuflinlaxagcv PLD»C-OOI(2) [Rev. Jamary 1, 2009] Amefimn LegalNer, Inc. www.FunnsWomflaw.corn