Complaint Limited 10K and 25KCal. Super. - 6th Dist.March 18, 2021ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slais ear number and address) Hunt & Hennques, Attorneys at Law Donald Sherrill ¹266038 ) ( Keri L. Salet ¹318913 7017 Realm Dr. San Jose CA 95119 TELEPHONE NO (800) 680-2426 E-MAIL ADDRESS (Oplional) ATTORNEY FOR (Name) Plaintiff pax No (opeonsd (408) 362-2299 pLAINTIFF Department Stores National Bank SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAILING ADDRESS. ciTY AND zip GQDE San Jose CA 95113 BRANcH NAME Downiown SupenolCourl PLD-C-001 FOR COURT USE ONLY DEFENDANT: CHARLES F FRISCO M DOES I TO DLI COIIIIPLAINT CONTRACT~ AMENDED COMPLAINT (Number)r M CROSS-COIIIIPLAINT M AMENDED CROSS-COMPLAINT (Number)r $ 13 205 10 GAsE NUMBER Jurisdiction (check all that apply)r DE ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000 DE 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 M from limited to unlimited~ from unlimited to limited 1. Plaintiff* (name or names): Department stores National Bank alleges causes of action against defendant* (name or names): CHARLES F FRISCO 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 DL] except plaintiff (name): Department Stores National Bank (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (descr(be): (3) DLI other (spemly)) A National Banking Association organized and existing under and by virtue of the laws of the United States of America b. ~ Plaintiff (name)( a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): b. ~ has complied with all licensing requirements as a kcensed (specify): 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) M a business organization, form unknown (2) M a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (spec(ly): (4) ~ a public entity (describe): (5) M other (specify)l Form Apploved for Optional Use Judioal Council of Cali(amia PLD~DI (Rev January I, 2007) 'll this form is used as a ciossemmplmnl plaintiff means cross-complainant and defendant mea s cross-defendant COMPLAINT-Contract IfllllllMIIIIIIMIIIIIIIIIII51 Page 1 of 2 Code of O I P oceduie, 5 425 12 1429455.001 E-FILED 3/18/2021 2:01 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379127 Reviewed By: R. Cachux 21CV379127 SHORT TITLE Department Stores National Sank v. CHARLES F FRISCO CASE NUMBER J 4. (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 (specify 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)r 5. M Plaintiff is required to comply with a claims statute, and a. M has complied with applicable claims statutes, or b. M is excused from complying because (specify)J 6. H This action is subject to H Civil Code section 1812.10 H Civil Code section 2984.4. 7. This court is the proper court because a. ~ a defendant entered into the contract here. b. ~ a defendant lived here when the contract was entered into. c. [jL] 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 properly that is the subject 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 complaint must have one or more causes of action attached): Breach of Contract DQ Common Counts Other (specify): 9. CK Other allegations: Deparlment Stores National Bank is the current owner of this Macy's Credit Card branded credit account and all rights to pursue collection from Defendant 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. DCl damages of: $13,205.10 b. DE interest on the damages (1) ~ according to the proof (2) DQ at the rate of (specify): 0.0000 percent per year from (date): June 24, 2020 c. M attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify): 11. ~ The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers) CC-l.a.(1), CC-1.a.(2), CC-1.b.(4), CC-1.b.(5) Date: March 11, 2021 Ker( L. Salet ¹3189(3 (TYPE OR PRIN NAME) (SIGNATUFIE OF PLAINTIFF OR ATTORNEY) (ifyou wish to verify this pleading, affix a verification.) COMPLAINT-ContractPLO C-OOI [ROY January I, 2007) Paea2 a(2 1429455.001 SHORT TITLE: Department Stores National Bank v. CHARLES F FRISCO CASE NUMBER: PLD-C-001(2) FIRST (number) CAUSE OF ACTIOtt-Common Counts ATTACHMENT TO [K Complaint M Cross - Complaint (Lise a separate cause of action form for each cause otaction.) CC-I Plaintiff (name): Department Stores National Bank alleges that defendant (name)f CHARLES F FRISCO became indebted to (JLj plaintiff (JL) other (name)f or its predecessor in interest a. Ck] within the (I) I I I last four years 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. b QL) within the (I) H (2) (3) (5) ()Lj (6) last D two years [K four years 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. M the sum of $ M the reasonable value. for goods, wares, and merchandise sold and dekvered to defendant and for which defendant promised to pay plaintiff M the sum of $ 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 (speofy): CC-2. $13,205.10 , which is the reasonable value, is due and unpaid despite plaintiff s demand plus prejudgment interest M according to proof DLI at the rate of 0 0000 percent per year from (date): June 24, 2020 CC-3. C3 Plaintiff is entitled to attorney fees by an agreement or a statute of$ C3 according to proof. CC-4 M Other: Form Appro ed fo Optronai uae Judroal Counol of Caifomia PLO-C-004 (2( (nev January, 2009( CAUSE OF ACTION-Common Counts Page Pegl! 1 of 1 Code of CvilProoedu e, 2 42512 www ooumnfo ca gov 1429455.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Department Stores National Bank v. CHARLES F FRISCO, 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: 1018 Earlinqton Ct, Sunnyvale CA 94087-4063 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 FTaintiff's Attorney Hunt & Henriques 1429455.001