Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.March 22, 2021

PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Robert Scott Kennard, SBN 117017 NELSON & KENNARD File No. 21-01158-0 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 P.O. Box 13807 Sacramento, CA 95853 TELEPHONE No: (9 1 6) 9 2 O - 2 2 9 5 FAX NO-(Optional)-' E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): BANK OF AMERICA, N . A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 N. First Street MAILING ADDRESS: CITYANDZIPCODE: San Jose, CA 95113 BWWCHWWE LIMITED CIVIL CASE PLAHWHFP BANK OF AMERICA, N.A. DEFENDANT: ELLEN RICCI ALLEGRETTI, [ X] DOES 1 To 10 CONTRACT [X] COMPLAINT [ ]AMENDED COMPLAINT(Number): [ ]CRoss-COMPLAINT [ ]AMENDED CRoss-COMPLAINT(Number): E'FILEQOR COURT USE ONLY 3/22/2021 12:48 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379244 Reviewed By: R. Cachux Jurisdiction (check all that apply): [X ] ACTION IS A LIMITED CIVIL CASE Amount demanded [ ] does not exceed $10,000 [ X ] exceeds $1 0,000 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 CASE NUMBER: 21 CV379244 1. Plaintiff* (name ornames): BANK OF AMERICA, N.A. alleges causes of action against defendant*(name or names): ELLEN RICCI ALLEGRETTI lO , , DOES 1 To 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. [ ] a corporation qualified to do business in California [ ] an unincorporated entity (describe): [X] other (specify): A DULY CHARTERED BANK b. [ ] Plaintiff (name): a. [ ] has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. [ ] has complied with all licensing requirements as a licensed (specify): c. [ ] Information about additional plaintiffs who are not competent adults is shown in Attachment 30. 4. a. Each defendant named above is a natural person [ ] except defendant (name): [ ] except defendant (name): (1) [ ] a business organization, form unknown (1) [ ] a business organization, form unknown (2) [ ]a corporation (2) [ ]a corporation (3) [ ] an unincorporated entity (describe): (3) [ ] an unincorporated entity (describe): (4) [ ] a public entity (describe): (4) [ ] a public entity (describe): (5) [ ] other (specify): (5) [ ] other (specify): *If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Judicial Council of California COMPLAINT-Contract PLD-C-001 [.Rev January 1, 2007] Code of Civil Procedure, § 425.12 PLD-C-001 SHORT TITLE: CASE NUMBER: BANK OF AMERICA, N.A. v. ELLEN RICCI ALLEGRETTI, et al. 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) [X] Doe defendants (specify Doe numbers): 1 - 5 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) [X] Doe defendants (specify Doe numbers): 6 - 10 are persons whose capacities are unknown to plaintiff. c [ ] 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. [ ] plaintiff has complied with applicable claims statutes, or b. [ ] plaintiff is excused from complying because (specify): 6. [ ]This action is subjectto [ ] Civil Code section 1812.10 [ ]Civi| Code section 2984.4. 7. This court is the proper court because a. [X] a defendant entered into the contract here. b. [ ] a defendant lived here when the contract was entered into. c. [X] 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 subject of this action is located here. g.[X]0mer@med®¢ Plaintiff is informed and believes that the Defendant(s) resided within this jurisdiction and venue at the time of the commencement of the within action or, alternatively, entered into the agreement which is the subject of this action in this jurisdiction and venue. 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 [X] Common Counts [ ] Other (specify): 9. [ X ]CHheraHegafions: Prior to commencement of this action, the Defendants were informed in writing that if an action were commenced, the Plaintiff may recover its court costs, where allowed by law, in addition to the principal otherwise owed. 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. [X] damages of$ 14, 374 .27 b. [ ] interest on the damages (1) [ ]according to proof (2) [ ] at the rate of (specify): percent per year from (date): c. [ ] attorney fees (1) [ ] of: $ (2) [ ] according to proof. d. [ ] other (specify): 11. [ ] The paragraphs of this pleading alleged on information and belief age as follows (specify paragraph numbers): Date: March 1, 2021 Robert Scott Kennard (TYPE OR PRINT NAME) (SIGNATURE 0F PLAINflFF 0R ATTORNEY) (Ifyou wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2007] COMPLAINT _ contract Page 2 of 2 PLD-c-oo1 (2) SHORT TITLE: CASE NUMBER: BANK OF AMERICA, N.A. V. ELLEN RICCI ALLEGRETTI, et al. FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO [X]Complaint [ ]Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): BANK OF AMERICA, N.A. allegesthatdefendant(name): ELLEN RICCI ALLEGRETTI ; becameindebtedto [X]p|aintiff [X]other(name):FIA Card Services, N.A. is the predecessor in interest to Bank of America, N.A. a. [X ] within the last four years (1) [X] on an open book account for money due. (2) [X] 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. [ X ] within the last [ ]two years [X ] four years (1) [ ] for money had and received by defendant for the use and benefit of plaintiff. (2) [ ] for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. [ ] the sum of $ [ ] the reasonable value. (3) [X] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [X]the sum of$ 14,374.27 [ ] the reasonable value. (4) [ ] for money lent by plaintiff to defendant at defendant's request. (5) [ ] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) [ ] other (specify): CC-2. $ 14 , 374 . 27 which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest [ ] according to proof [ ] at the rate of percent per year from (date): CC-3. [ ] Plaintiff is entitled to attorney fees by an agreement or a statute []of$ [ ] according to proof CC.4. [ X ] Other: This complaint concerns account number ending in XXXXXXXXXXXX6011. The account was established on 6/19/98. The account charged off on 8/31/20. The last payment received on the account was on 01/14/20. Plaintiff is a wholly owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. FIA Card Services N.A. was merged into and under the charter and title of Plaintiff effective October l, 2014. 3 Page Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION _ Common Counts Code of Civil Procedure, § 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-C-OO1(2) [Rev. January 1, 2009] VERIFICATION I, Robert Scott Kennard, declare: I am an attorney at law duly admitted and licensed to practice before all courts 0f the State 0f California and I have my professional office at 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, Sacramento County, California. I am the attorney 0f record for Plaintiff in the above entitled matter. Said Plaintiff is absent from the county in which I have my office and for that reason I am making this verification on their behalf. Ihave read the foregoing documents and know the contents thereof. On information and belief, venue lies properly with this court because Defendant either resides in this judicial district at the time this action is commenced or the contract was entered into by the Defendant in this judicial district. As t0 all other matters, I am informed and believe that the matters stated therein are true, and 0n that ground, I allege that the matters stated therein are true. I declare under penalty of perjury 0f the laws 0f the State of California that the foregoing is true and correct. Executed on March 1, 2021 , at McClellan, California. Robert Scott Kennard \ Page 4