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 12:48 PM Reviewed By:R. Guillermo Case #21CV379017 Env #6052407 21CV379017 PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Barnumber, and addmss}:The Moore Law Group, ARC, Maria Bradish (288384) Adam Brumage (283 180) Don Phan-Huy (309853) Ryota Isozak1 (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 NO: 800_506_2652 FAX NO. (Optional): 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 z”, CODE. Santa Clara County - San Jose Coulthouse BRANCH NAME: PLA'NT'FR Bank of America, N.A. DEFENDANT: Trung D Pham E Does 1 T0 CONTRACTE COMPLAmT E AMENDED cOMPLAINT (Number): E CRoss.c0MpLA|NT E AMENDED CROSS-COMPLAINT (Number): FOR COURT USE ONLY Jurisdiction (check all that apply):fl 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 ls RECLASSIFIED by thls amended compialnt or cross-complalnt Efrem limited to unlimitedE from unlimited to limited CASE NUMBER 1. Plaintiff (name ornames): Bank 0f America, N.A. alleges causes of action against defendant‘ (name or names): Trung D Pham 2. This pleading. including attachments and exhibits. consists of the following number of pages: 3 3. a. Each plaintiff named above is a competent adultm except Plaintiff (name): Bank 0f America, N.A. (1) Ea corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3)m other (speciWLA .nat.ional banking as'sociat'ion organized and existing under. th.e laws of the United State's (?fAmcrica with its . prmmpal place of busmess 1n Charlotte, North Carollna. Plamtlff Is a wholly owned subSIdlary ofBank ofAmenca _ . _ Corporation and the successor-in-interest to FIA Card Services, N.A. (“FIA”), formerly known as MBNA America b~E P‘a‘nt'ff (name)- Bank, N.A. FIA was merged into and under the charter and title of Plaintiffeffective 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 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 corporation (3)E an unincorporated entity (describe): (3) El an unincorporatedentity (describe): (4)E a public entity (describe): (4)E a puinc entity (describe): (5) mother (specify): (5)E other (specify): ' II this (can is used as a crusseomplaim, plaintiff means aoss-oomplainant and defendant means cross-defendanl‘ Page 1 of 2 F3flmmgfiggflflge COMPLAINT-Contract Code orcm Procedure. § 425. 12 PLD-C-001 [Rem January 1. 20071 American LegalNel. Inc. www.Fonnchrkflow.com PLD-C-001 SHORT TITLE: CASE NUMBER Bank ofAmerica, N.A. V. Trung D Pham 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E 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 dgfendants (specify Doe numbers): are persons whose capacities are unknown to plainti . 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. D Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. E is excused from complying because (specify): 6. E This action is subject to E] Civil Code section 1812.10 E Civil Code section 2934.4. 7. This court is the proper coun because a. D a defendant entered intothe contract here. b. E a defendant lived here when the contract was entered into. , m a defendant lives here now. . D the contract was to be performed here. . D a defendant is a corporation or unincorporated association and its principal place of business is here.D real property that is the subject of this action is located here. . D other (speciM: . 3 cornmao 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 of Contract m Common Counts E Other (speciM: 9. Q Otherauegationsz 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: $ 3 195.63 b. E interest on the damages (1)D according to proof (2)E at the rate of (specifil): percent per year from (date): c. E attorney's fees (1)D of: $ (2)E according to proof. d- m other {Specifwi Plaintiff seeks to recover its costs of suit. Plaintiff waives all attorney’s fees, post charge-off interest, and postjudgment interest- 11. E The paragraphs of this pIeading alleged on info ation and belief are as follows (specifi/ paragraph numbers): Maria Bradish_ Adam Brumagefil Don Phan- Date; Huy_ Ryota Isozaki_ Derriéllc hri_ MAR 1 a 2021 Jeremy Kimmelman_ Eric Marquez_ Karlie 7' D Schafer__ } ‘ \‘ mp2 napalm NAME) ()ga (SIG RE 0F PLAINTIFF 0R ATTORNEY) (Ifyou wish to ven‘fi/ this pleading, affix a veri I ‘ .) PLDC-Om [Rem January 1. 2007] COMPLAINT_Contract page 2 0'2 PLD-c-oo1(2) SHORT TITLE: Bank of America, N.A. V. Trung D Pham CASE NUMBER: FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENTTO m Complaint E] Cross-Complaint (Use a separate cause of action form for each cause o'faction.) 00-1. Plaintiff (name): Bank of America, N.A. alleges thatdefendant (name): Trung D Pham became indebtedto 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 withinthelast D two years 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 plaintifi‘D the sum of $D the reasonable value. (4) for money lent by plaintiff lo 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):Defendant applied for and received a credit account which is owned and administered by Plaintiff currently ending XXXXXXXXXXXXB 13. 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 plaintiff’s records, there are no unresolved disputes related to the Account. CC-2. $ 3 1 95.63 ,which is the reasonabIe value, is due and unpaid despite plaintiff‘s demand, plus prejudgment interest D according to proof D at the rate of from (date): t CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statuteE of$D according to proof. percent per year C04. m 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 of 1 Form raved [or 0 lional U e ._ _c Code of Civil Procedure, § 425.12 Judicipachundlo! galfiomias CAUSE 0F ACTION ommon counts mmmmmwgov PLD-OOOHZ) (Rev. Janmry 1, 20091 Ameriwn LegalNel. Inc. www.FurmsWotkflaw.wm