Complaint Limited 10K and 25K

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

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 3/1 8/2021 1:41 PM Erin E. Patterson, SBN 262285 Clerk 9f court Jason W. Tang, SBN 314337 SUperlor court 0f CA, Bora Song, SBN 329308 County of Santa Clara Patrick J. Layman, SBN 59643 21 CV3791 37 Thomas J. Sebourn, SBN 279272 Reviewed By: K_ Himes Nicholas J. Babilis, SBN 291676 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 SUTTELL & HAMMER, APC P.O. Box C-90006 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 Facsimile: (425) 453-3239 california@suttelllaw.com Attorneys for Plaintiff s/h 733806.001 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LIMITED CIVIL CASE Bank of America, N.A. Case NO; 21 CV3791 37 Plaintiff, COMPLAINT FOR DAMAGES VS. Common Counts: Book Account, Account Katie Nguyen Stated Defendant PRAYER AMOUNT: $ 1 6630.06 Plaintiff, Bank of America, N.A., by and through its attorneys, alleges causes of action as follows: GENERAL ALLEGATIONS 1. This is an action for damages that are Within the jurisdictional limits of this Court. 2. Defendant is an adult individual residing in this county. 3. Venue for this action is proper in this Court because the Defendant resides in this judicial district. COMPLAINT FOR DAMAGES - 1 SUTI'ELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Plaintiff is a national banking association organized and existing under the laws of the United States 0f America and having its principal place of business in Charlotte, North Carolina. 5. Plaintiff is a Wholly-owned subsidiary of Bank 0f America Corporation and the successor-in-interest t0 FIA Card Services, NA. (“FIA”), formerly known as MBNA America Bank, N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1, 2014. 6. Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the “Account”). Defendant used 0r authorized the use 0f the Account for the acquisition 0f goods, services, balance transfers 0r cash advances. 7. Defendant failed t0 make periodic payments 0n the outstanding balance due as accrued by use 0f the Account. The Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 8. The current Account balance is $16630.06, Which includes any applicable payments and credits. The Account is not accruing post charge-off interest. 9. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant. Based 0n Plaintiff’s records, there are n0 unresolved billing disputes related to the Account. CAUSES OF ACTION - COMMON COUNTS FIRST CAUSE OF ACTION: OPEN BOOK ACCOUNT 10. Plaintiff incorporates herein by reference, the allegations contained in paragraphs 1-9 above. 11. Defendant became indebted t0 Plaintiff Within the last four (4) years 0n an open book account for money due. COMPLAINT FOR DAMAGES - 2 SUTI'ELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. Plaintiff kept an account of the debits and credits involved in the transactions. 13. Defendant owes Plaintiff the sum total 0f $16630.06, plus any applicable costs, for a balance due 0n a book account for money paid, lines 0f credit extended, and/or funds expended by or for the Defendant. SECOND CAUSE OF ACTION: ACCOUNT STATED 14. Plaintiff incorporates herein by reference, the allegations contained in paragraphs 1-9 above. 15. Defendant became indebted t0 Plaintiff Within the last four (4) years on an account stated. 16. Plaintiff kept an account of the debits and credits involved in the transactions. Plaintiff” s records indicate that there are no unresolved billing disputes. 17. T0 date, Defendant has not paid any 0r all 0f the amount owed under this account. 18. Defendant owes Plaintiff the sum total 0f $16630.06, plus any and all applicable costs, for a balance due 0n an account stated for money paid, lines 0f credit extended, and/or funds expended by or for Defendant. PRAYER FOR RELIEF WHEREFORE, Plaintiff, Bank 0f America, N.A., prays that judgment be entered against Defendant for: A. Damages in the amount 0f $16630.06, which is the current balance due; and B. Costs 0f suit incurred herein; and C. Any other relief as the Court deems just and equitable. // // // COMPLAINT FOR DAMAGES - 3 SUTI'ELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated March 16, 2021 SUTTELL & HAMMER, APCkw ( )Erin E. Patterson, SBN 262285 U ( ) Jason W. Tang, SBN 3 14337 ( )Bora Song, SBN 329308 ( )Patfick J. Layman, SBN 59643 ( ) Thomas J. Sebourn, SBN 279272 ( )Nicholas J. Babilis, SBN 291676 ()a Carina M. Jordan, SBN 302099 ( ) Shane T. Wate, SBN 302738 Attorneys for Plaintiff COMPLAINT FOR DAMAGES - 4 SUTTELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX