Complaint Limited Up to 10K

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

ATTDRNEY QR PARTY WITHOUT ATTORNEY (Name. Srale Bsr number, and address) Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 ) ) Adam Kidd ¹328520 7017 Realm Dr. San Jose CA 95119 TELEPHONE NO (800) 680-2426 E-MAIL ADDRESS (Optional) ATTORNEY FOR (luame) Plaintif FAX NO (Optionalj (408) 362-2299 PLAINTIFF Bank of Amenca, N.A SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS '191 North First Street MAILING ADDRESS DITv AND zip coDE San Jose CA 95113 BRANGH NAME'owntown Supenor Court PLD-C-001 FOR COIIRT USE ONL Y DEFENDANT. MANDO A GOMEZ ~ DOES I TD (JLj COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number)l M CROSS-COMPLAINT E] AMENDED CROSS-COII(IPLAINT (Number)r Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE $3,580.95 Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000~ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint~ from limited to unlimited~ from unlimited to limited 1. Plaintiff* (name or names): Bank of America, N.A. alleges causes of action against defendant* (name or names): MANDO A GOMEZ 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. a. Each plaintiff named above is a competent adult ~x except plaintiff (name)( Bank of America, N.A. (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe)( (3) CK other (specify)( A National Banking Association organized and existing under the laws of the United States of America and having its principal place of business in Charlotte, North Carolina b. ~ Plaintiff (name): a. ~ has comphed with the fictitious business name laws and is doing business under the fictitious name of (specify): except defendant (name): (1) M a business organization, form unknown (2) M a corporation (3) ~ an unincorporated entity (describe) b. ~ has complied with all hcensing requirements as a hcensed (specily): c. ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (spetxiy): Form Approved for Optional Use Judiaai Counai of Califom:ePLD~I faev January I, 200TI 'll this form is used as a cross-complaint, plaintiff means cross-compt inant and defendant means cross-defendant COMPLAINT-Contract IlINI NIINIIIINIIIIIIIININIMIININNINNI Page 1 of 2 Code of Cml P ocedure, I 425 12 1 444070.001 E-FILED 3/18/2021 2:00 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379126 Reviewed By: R. Cachux 21CV379126 SHOR I TITLE Bank of America, N.A. v. MANDO A GOMEZ CAS NUMBER PL D-C-001 (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) M 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) M Doe defendants (spemfy Doe numbers): are persons whose capacities are unknown to plaintiff. c. M Information about additional defendants who are natural persons is contained in Attachment 4c. d. M Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. M Plaintiff is required to comply with a claims statute, and a. M has complied with applicable claims statutes, or b. ~ is excused from complying because (specify): 6. M This action is subject to H Civil Code section 1812.10 M Civil Code section 2984.4. 7. This court is the proper court because a. M a defendant entered into the contract here. b. ~ a defendant kved here when the contract was entered into. c. DL] a defendant lives here now. d. ~ the contract was to be performed here. e. ~ a defendant is a corporation or unincorporated association and its principal place of business is here. f. ~ real property that is the subiect of this action is located here. g. ~ other (specify); 8. The following causes of action are attached and the statements above apply to each (each comp/aint must have one or more causes of action attached): Breach of Contract Common Counts Other (specrfy)r 9. HU Other allegations: Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A. ("FIA"), formerly known as MBNA Amenca Bank, N A. FIA was merged Into and under the charter and title of Plaintiff effective October 1, 2014. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. DLI damages of: $3,580.95 b. DG interest on the damages (1) ~ according to the proof (2) QQ at the rate of (specify): 0.0000 percent per year from (dale): November 30, 2019 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. M other (specify)r 11. QQ The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): CC-1.a. (1), CC-1.a. (2), CC-2, CC-4.a., CC-4.b., CC-4.c., CC-4.d. Date: March 11, 2021 2 -' p/ri r Adam Kidd ¹328520 2/ ITYPE OR PRINT NAMEI I SIGNATURE OF POUNTIFF OR ATTORNEY) (If you wish fo verify this pleading, affix a venfication.) COMPLAINT-ContractPLG-c-001 [Re Y Jeeuery I, 2007l Pege 2 01 2 1444070.001 SHORT TITLE: Bank of America, N.A. v. MANDO A GOMEZ CASE NUMBER: PLD-C-001(2) FIRST ]number] CAUSE OF ACTION-Common Counts ATTACI-!MENT TO [X Complainl C] Cross - Complaint (iise a separate cause of action form for each cause of action.) CC-1. Plaintiff (name)i Bank of Amenca, N.A. alleges that defendant (name): MANDO A GOMEZ became indebted to DU plaintiff M other (name): a. [K within the last four years (1) QQ on an open book account for money due. (2) DQ 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. C] within the last H two years H four years (1} ~ for money had and received by defendant for the use and benefit of plaintiff. (2} W for work, labor, services and materiafs rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. M the sum of $ M the reasonable value. (3) ~ for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff M the sum of $ M the reasonable value. (4) M for money lent by plaintiff to defendant al defendant's request (5) M for money paid, laid out, and expended to or for defendant at defendant's speoal instance and request. (6) ~ other (specify)r CC-2. $3,580.95 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof lK at the rate of 0.0000 percent per year from (dale)J November 30, 2019 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute M of$ according to proof. CC-4. DO Other: a. Defendant applied for and recewed a credit account, which is owned and administered by Plaintiff (the "Account" ). Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement (vAgreement") governing use of the Account with Plaintiff. b. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. c. The current Account balance is $3,580.95, which includes any appkcable payments and credits. The Account is not accruing post charge-off interest. d. In accordance with federal regulations, monthly penodic statements for the Account have been provided to the Defendant. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. Page Page I of 1 Form Approved for optronai uae JuCruai Ccunc 1 of Cabfomia Pbo-C-001]2] lpev Januarr 1 2009] CAUSE OF ACTION-Common Counts Code of Crvrl Procedure, 9 420 2 nn coumnfc ca gov 1444070.001 SUPERIOR COURT OF CALIFORNIA, COUNTy OF SANTA CLARA SAN JOSE JUDICIA'ISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Bank of America, N.A. v. MANDO A GOMEZ, CASE NUMBER: Please check ONE of the following statements to indicate the basis for your filing of the complaint in this Judicial District and fill in the address. 1. Cause of Action arose in this Judicial District. The address of the cause of action is: Street City Zip Code 2. Property located in this judicial district. The address of this property is: Street City Zip Code 3. Tort occurred in this judicial district. The address of the tort is: Street (if known) City Zip Code (or nearest major intersection) 4. Contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: Street (if known) City Zip Code X 5. Defendant resides in this judicial district. The address of the defendant is: 347 SERRANO AVE, SAN JOSE CA 95127-3257 Street City Zip Code I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: March 11, 2021 Signature of Plaintiff's Attorney Hunt & Henriques 1444070.001