Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.March 18, 2021

DocuSign Envelope ID: 508DE3D9-A5BE-4433-A892-F0069634014F I:_F” Fn PLD-C-001 MTDRNEY 0R PARTY WITHOUT ATroRNEv (Name. Stare Barnumber. andadnvressy 3/1 8/20fi@uflyfiw‘w FLINT c ZIDE, SBN 150359/SARKIS s KARAYAN, SBN 316926 LAw OFFICE 0F HARRIS & ZIDE Clerk Of Court 1445 HUNTINGTON DRIVE, SUITE 300 Superior Court Of CA SOUTH PASADENA CA 91030 ’ TELEPHONEN0:525_799.3444 FAX No. {Optima};- 525-799.g419 county 0f santa Clara E-MAIL ADDRESS {Optional}! 21 CV379056 ATTORNEY FOR (Name): PLAINTIFF Reviewed By: VI Taylor SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESSI 191 NORTH IST STREET MAILING ADDRESS: cm ANDZIP CODE: San Jose CA 95113 BRANCH NAME: SAN JOSE COURTHOUSE PLAINTIFF: Bank of America, N.A. DEFENDANT: JAM ESJ ABRAMS E Dogs 1 To 5, INCLUSIVE CONTRACTE COMPLAINT E AMENDED COMPLAINT (Number).- E CR055_COMPLAINT E AMENDED cnoss-COMPLAINT (Number): Jurisdiction (check all that apply):E ACTION IS A LIMITED CIVIL CASE Amount demanded _ does not exceed $10,000- exceeds $1 0,000 but does not exceed $25,000 21 CV379056E ACTION IS AN UNLIMITED CIVIL CASE {exceeds $25,000)E ACTION IS RECLASSIFIED by this amended complaint or cross-complaint Efrem limited to unlimited Efrem unlimited to limited 1. Plaintiff" (name or names): Bank of America, N.A. CASE NUMBER: alleges causes of action against defendant* (name ornames): JAMES] ABRAMS DOES 1 TO 5, INCLUSIVE 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult except plaintiff (name): Bank 0f America! N-A- (1) Ea corporation qualified to do business in California (2) Dan unincorporated entity (descn'be): (3) -other (specify): NATIONAL ASSOCIATION b.E Plaintiff (name): a. Ehas complied with the fictitious business name laws and is doing business under the fictitious name (specific: b.E has complied with all licensing requirements as a licensed (speciW): 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) Ea corporation (2)E a corporation (3) Earl unincorporated entity (describe): (3)E an unincorporated entity (describe): (4) Ea public entity (describe): (4)E a pu blic entity (describe): (5) Eother (specifl/J: (5)E other (specifiI): ‘ If 1H5 form Is used as a croscnrnplalnt: flalnflff means cmss-mrnplainant and defendant means crass-defendanL Page1 of 2 Ffllfimfiafiéfigfififinfim TAO40508 COMPLAINT-Conh’act Code of cwn Procedure, § 425.12 PLD-C-001 [Re-v. January 1.2007] DocuSign Envelope ID: 508DE3D9-A5BE-4433-A892-F0069634014F PLD-C-001 SHORT TITLE: Bank of America, N.A. Vs. JAM ESJ ABRAMS CASE NUMBER: 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe defendants (specifl/ 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 plaintiff. c. D Information about additional defendants who are not natural persons is contained in Attachment 4c. d_ E Defendants who are joined under Code of Civil Procedu re 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 1312.10 E Civil Code section 2934.4. 7. This court is the proper court becauseD a defendant entered into the contract here.D a defendant lived here when the contract was entered into. 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. other (specifir): ccp 395(3) ‘PFEDP-PP'P’ 8. The following causes of action are attached and the statements above apply to each (each compiaint must have one or more causes of action attached): D Breach of Contract m Common Counts E Other (specify): 9. D Otherallegations: 10. Plaintiff prays for judgment for costs of suit; for such relief a5 is fair, just, and equitable; and for a. damages of: $ $178,947.39 b. D intereston the damages (1)E according to proof (2)D at the rate of (specifil): percent per year from (date): c. D attorney's fees (1)E of: $ (2)D according to proof. d. other (spasm: SUCH OTHER RELIEF As THE COURT DEEMS PROPER. 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): DocuSigned by: Date: 03/15/2021 C)0 FLINT C. ZIDE D SARKIS S. KARAYAN ’ (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORN EY) (Ifyou wish to verify this pleading, afiix a vedficafl'on.) PLUM!“ [Rev January 1.20071 COMPLAINT-Contract Pas-Zof 2 D8746D55DB42493... DocuSign Envelope ID: 508DE3D9-A5BE-4433-A892-F0069634014F PLD-c-oo1(2) SHORT TITLE: Bank of America, N.A. Vs. JAMESJ ABRAMS CASE NUMBER: FIRST (number) CAUSE 0F ACTION-Common Counts ATFACHMENT TO Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Bank 0f America. N-A- alleges that defendant (name): JAMESJ ABRAMS became indebted to a. CC-2. $ plaintiff D other (name): within the last four years (1) (2) on an open book account for money due. because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. withinthelast D twoyears fouryears (1) (2) D (3) D (4) m (5) (6) D for money had and received by defendant for the use and benefit of plaintiff. 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. for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD the sum of $D the reasonable value. for money lent by plaintiff to defendant at defendant's request. for money paid, laid out, and expended to or for defendant at defendant's special instance and request. other (specifir): ,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 statuteD of $D according to proof. cc-4. m Other: $178,947.39, which is the fixed and agreed amount, is due and unpaid despite plaintiff’s demand. Page Page 1 of 1 FO'mAPWed '0' Opfiona' Use CAUSE OF ACTION-Common Counts 0°“ ”f CW” Pmedu'e- § 425-12 Judicial Council of Callfornla PLDc-oouz) [Rem January 1,2009] wwwoourflnfacagov DocuSign Envelope ID: 508DE3D9-A5BE-4433-A892-F0069634014F \DOOQONUIAUJNH NNNNNNNNNHHHHHHHHHH OOQONUIAUJNHOOOONQUIAUJNHO DECLARATION OF JURISDICTIONAL FACTS The undersigned declares that he/she is authorized to make this declaration for and on behalf of the plaintiff herein. Pursuant to Civil Procedure Sections 395 and 396a, the above entitled court is the proper court for the trial of the above entitled action because: [X] One of the defendants resides within the jurisdiction of the above entitled court at the commencement of this action. [ ] Goods or services or loans were provided within the jurisdiction of the above entitled court. | declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct. DocuSigned by: C D8746DSSDB42493... 03/15/2021 Executed at South Pasadena, California. FLINT C. ZIDE D SARKIS S. KARAYAN