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 1:05 PM Reviewed By:R. Guillermo Case #21CV379024 Env #6052557 21CV379024 PLD-C-001 ATIQRNEY 0R_ PARTY WITHOUT ATTORNEY (Name, state Barnumber, and aadmss):The Moore Law Group: APC, FOR counr usE ONLY Marla Bradlsh (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 NO: 800_506_2652 FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name).- Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 North F1rst Street MAILING ADDRESS: san Jose CA 95 1 13 cm, AND z”, CODE Santa Clara County - San Jose Courthouse BRANCH NAME: PLA'NT'FF‘ Bank of America, N.A. DEFENDANT: Trung D Pham E DOES 1 To CONTRACTm COMPLAINT D AMENDED COMPLAINT (Number): E CRoss_coMPLAm-r E AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply):m 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 compraint or cross-complaint Efrem limited to unlimitedD from unlimited to limited 1. Plaintiff” (name ornames): Bank 0f America N_A. CASE NUMBER alleges causes of action against defendant‘ (name or names): Trung D Pham 2. This pleading, including attachments and exhibits, consiss of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adultm except plaintiff (name): Bank of America, NA. (1) Ea mrporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) mother (specifyLA national banking association organized and existing under the laws of the United States ofAmerica with its principal place ofbusiness in Charlotte, North Carolina. Plaintiff is a wholly owned subsidiary ofBank of America _ _ Corporation and the successor-in-interest to FIA Card Services, N.A. (“FIA”), formerly known as MBNA America b'E P'a'nt'fl (name): Bank, N.A. FIA was merged into and under the charter and title ofPlaintiff effective 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) CI 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)D a public entity (describe): (4) CI a public entity (describe): (5) E other (specify): I (5)E other (specify): ‘ II mis (onn is used as a cruss-mmplainl. plaintiff means aoss-oomplaimnt and defendant means cmss-defendanl. Page 1 oi 2 Ffimg‘l’gfiéflgggffgge COMPLAINT-Conh‘act Code or Civn Procedure. § 425‘12 PLD- 1 [Rem Jammy 1' l Amerinn LegalNel. Inc. www.Foms Workl/ow.cam PLD-C-OO1 SHORT TITLE: CASE NUMBER Bank ofAmerica, N.A. V. Trung D Pham 4. (Continued) b. The true names of defendants sued as Does ar'e 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 dfeffendants (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. E Plaintiff is required to comply with a claims statute. and a. D has complied with applicable claims statutes. or b. E is excused from complying because (specify): 6. E This action is subject to D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the 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. D 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 (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 m Common Counts E Other(speciiy): 9. E Otherauegations: 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. m damages of: $ 2508.56 b. E intereston the damages (1)D according to proof (2)D at the rate of (specify): percent per year from (date): c. E 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 post judgment interest. 11. E The paragraphs of this pleading alleged on information and belief are as follows (special paragraph numbers): Maria Bradish_ Adam Brumag Don Phan- Date: Huy_ Ryota Isozaki_ Derric mn_ Jeremy Kimmelman_ Eric Marquez_ Karlie ' I MAR i 6 202% D Schaferm ’ //é (TYPE 0R PRINT NAME) \/ ??KTURE 0F PLAINTIFF 0R ATTORNEY) (Ifyou wish to verify this pleading, affix a ven'l t: n) PLDcmn [Rem January 1. 2007] COMPLAINT_c°ntract Page 2 012 PLD-c-oo1(2) SHORT TITLE: Bank of America, N.A. V. Trung D Pham CASE NUMBER: FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO m Complaint D Cross - Complaint {Use a separate cause of action form for each cause ofaction.) 001. Plaintiff (name): Bank of America, N.A. aIleges thatdefendant (name): Trung D Pham became indebted to m plaintiff D other (name): a. b. 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. E within the last D two years E 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. [j the sum of $E the reasonable value. (3) E for goods, wares. and merchandise soId and delivered to defendant and for which defendant promised to pay plaintifiD the sum of $E the reasonable value. (4) foi‘ 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 (specity):Defendant applied for and received a credit account which is owned and administered by Plaintiff currently ending XXXXXXXXXXXXOSZO. Defendant used or authorized the use 0f 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 on plaintiffs records, there are no unresolved disputes related to the Account. ‘ CC-2. $ 2508.56 . 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 statuteE of$D accordingto proof. CC4. m omen 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 Approved for O fiona! Use . _C Code of Civil Procedure. § 425.12 Judicial Counu'l o! cpzal'rlomia CAUSE 0F ACTION ommon counts www‘oouninfa.m.gcv PLD~OOOI(2) [Rem Jammy 1. 2009] Amedwn LegalNet, Inc. www.FormsWorkflow‘com