Complaint Limited Up to 10KCal. Super. - 6th Dist.March 18, 2021ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Aaron N. Baldaro, Esq./SBN [[f261156 AMERICAN EXPRESS LEGAL 199 S. Los Robics Ave., Suite 540 Pasadena, CA 91101 TELEPHONE NO: (626) 660-0002 FAx No. (optional): (626) 298-671 6 E-MAIL ADDRESS (Optional): aaron.n.baldaro@aexp.corn ATToRNEY FQR (Name): AmeriCan EXpreSS NatiOnal Bank SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss: 191 N. First St. MAILING ADDRESS: clTY AND zIP coDE: San Jose, CA 951 13 BRANGH NAME: Downtown Courthouse PLAINTIFF: AMERICAN EXPRESS NATIONAL BANK DEFENDANT: HOA LE A/K/A HOA K LE A/K/A OA LE and FOR COURT USE ONLY PLD-C-001 DQEs 1 To 10 inclusive E COMPLAINT CONTRACT 0 AMENDED COMPLAINT (Number): 0 CROSS-COMPLAINT 0 AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): E ACTION IS A LIMITED CIVIL CASE Amount demanded IZ does not exceed $ 10,000 0 exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) 0 ACTION IS RECLASSIFIED by this amended complaint or cross-complaint 0 from limited to unlimited from unlimited to limited CASE NUMBER: 1. Plaintiff" (name or names): AMERICAN EXPRESS NATIONAL BANK alleges causes of action against defendant" (name or names): HOA LE A/K/A HOA K LE A/K/A OA LE and DOES 1-10, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3 3. a. Each plaintiff named above is a competent adult E except plaintiff (name): AMERICAN EXPRESS NATIONAL BANK (1) 0 a corporation qualified to do business in California (2) 0 an unincorporated entity (describe): (3) E other (specify): A national bank organized under the laws of the United States of America with its offices located at 115 W. Towne Ridge Parkway, Sandy, Utah 84070 b. Plaintiff (name): a. 0 has complied with the fictitious business name laws and is doing business under the fictitious name (specify): 0 except defendant (name): (1) 0 a business organization, form unknown (2) 0 a corporation (3) an unincorporated entity (describe): b. 0 has complied with all licensing requirements as a licensed (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 0 except defendant (name): (1) 0 a business organization, form unknown (2) 0 a corporation (3) an unincorporated entity (describe): (4) CI a public entity (describe): (5) 0 other (specify): (4) CI a public entity (describe): (5) 0 other (specify): Form Approved for Optional Use Judi- cial Council of California PLD-C-001 [Rev. January 1, 2007] * If this form is used as a cross-corn laint, laintiff means cross-corn lainant and defendant means cross-defendant. COMPLAINT-Contract Pa e1of 2 Code of Civil Procedure, rJ 425.12 E-FILED 3/18/2021 12:56 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379132 Reviewed By: K. Himes 21CV379132 sHORT TITLE: AMERICAN EXPRESS NATIONAL BANK v. HOA LE A/K/A HOA K LE A/K/A OA LE, et al CASE NUMBER: PLD-C-001 were the agents or employees of the named are persons whose capacities are unknown to 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) IZ Doe defendants (specify Doe numbers): 1-5 defendants and acted within the scope of that agency or employment. (2) IZ Doe defendants (specify Doe numbers): 6-10 plaintiff. c. 0 Information about additional defendants who are not natural persons is contained in Attachment 4c. d. Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. Plaintiff is required to comply with a claims statute, and a. 0 has complied with applicable claims statutes, or b. C3 is excused from complying because (specify): 6. This action is subject to 0 Civil Code section 1812.10 0 Civil Code section 2984.4. 7. This court is the proper court because a. Cl a defendant entered into the contract here. b. 0 a defendant lived here when the contract was entered into. c. E a defendant lives here now. d. 0 the contract was to be performed here. e. 0 a defendant is a corporation or unincorporated association and its principal place of business is here. f. real property that is the subject of this action is located here. g. CI 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 E Common Counts Other (specify): 9. Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. E damages of: $8,316.39 b. 0 interest on the damages (1) according to proof (2) at the rate of (specify): c. attorney's fees (1) of: $ (2) according to proof. d. Cl other (specify): percent per year from (date): 11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: March 15, 2021 Aaron N. Baidaro, Esq./SBN ff261156 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) Form Approved for Optional Use Judi- cial Council of California PLO-C-001[Rev. January 1, 2007) * If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. COMPLAINT-Contract Page 2 of 2 Code of Civil Procedure, I[ 425.12 PLD-c-oo1(2) SHORT TITLE: AMERICAN EXPRESS NATIONAL BANK v. HOA LE A/K/A HOA K LE A/K/A OA CASE NUMBER: LE, et al FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO E CompIaint D Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): AMERICAN EXPRESS NATIONAL BANK1 alleges that defendant (name): HOA LE A/K/A HOA K LE A/K/A OA LE and DOES 1-10, inclusive became indebted to m plaintiff D other (name): a. m within the last four years (1) M 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. M within the last D two years M four years (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) D 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. (3) D for goods, wares, and merchandise sold and delivered to defendant and for which defendant prom- ised to pay plaintiff the sum of $ D the reasonable value. (4) m for money lent by plaintiff to defendant at defendant's request. (5) m for money paid, laid out, and expended to or for defendant at defendant's special instance and re- quest. (6) E other (specify): For credit extended by Plaintiff to Defendant for purchases and/or cash advances by Defendant and/or persons acting with Defendant's permission on the American Express credit card account XXXX-XXXXXX-X1005. Plaintiff has performed all conditions precedent to bringing this action or Defendant has waived them. 1 On April 1, 2018, American Express Centurion Bank changed its name to American Express National Bank. See https://www.occ.treas.gov/topics/licensing/interpretations-and-action5/2018/interpretations-and-actions-jan-2018.html; See also 12 U.S.C. § 35; 12 C.F.R. § 5.24. CC-2. $, which is the reasonable value, is due and unpaid despite plaintiff‘s demand, plus prejudgment interest D according to proof D at the rate of percent per year from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute E] of$ D according to proof. CC-4. M Other: $8,316.39, which is the current outstanding balance owed by Defendant to Plaintiff. Page Three Page 1 of 1 F A df O t' IU . . mscgfirgzfincflrga'figamiase CAUSE OF ACTION---Common Counts Code “CW" Procedure, §425-12 wwwcourfinfo.ca.gov PLD-C-OO1(2) {Rev‘ January 1, 2009]
