Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 1, 2021

Electronically filed by Superior Court of CA, County of Santa Clara, on 4/1/2021 11:14 AM Reviewed By:R. Guillermo Case #21CV379546 Env #6152886 21CV379546 PLD-C-001 ATTORNEY 0R PARTY WITHOUT ArrORNEY (Name, state Barnumnar, and addmss);The Moore Law Group, APC, FOR COURT USE ONLY Ryota Isozaki (321040) Adam Brumage (283 180) Maria Bradish (2883 84) Don Phan-Huy r (309853) Derrick Uhri (321 161) Jeremy Kimmelman (322958) Eric Marquez (331023) Karlie D. Schafer (331884) P.O. Box 25145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 TELEPHONE Na 800_506_2652 FAX No. (Optional): EMAIL ADDRESS (Optional): ATTORNEV FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS; 191 North FIISt Street MNLINGADDRESS: san Jose CA 951 13 cm, AND ZIP CODE; Santa Clara County - San Jose Courthouse BRANCH NAME: PLA'NT'FF: Citibank, N.A. DEFENDANT: Santiago B Gaitan E Does 1 To CONTRACTm COMPLAINT E AMENDED COMPLAINT (Number): E CRosscompLAm-r E AMENDED CROSS-COMPLAINT (Number): Jurisdictlon (check all (hat apply):m ACTION IS A LIMITED CIVIL CASE Amount demanded m does not exceed $10,000E exceeds $10,000 but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by thls amended complaint or cross-complaintE from limited to unlimited Efrem unlimited to limited 1, Plaintiff (name ornames): Citibank N,A, CASE NUMBER alleges causes of action against defendant‘ (name or names): Santiago B Gaitan 2. This pleading, including attachments and exhibits, consisis of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adultm except p‘laintiff (name): Citibank, N.A. (1) Ea corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) mower (SPGG’M: National Bank organized under Federal Law b.E Plaintiff (name): a.E has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b;E has complied with all licensing requirements as a licensed (specify): c.E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person / E except defendant (name): E except defendant (name): ,(1) E a business organ'zation. form unknown (1)E a business organization. form unknown (2)E a corporation (2)E a corporation. (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)E a public entity (describe): (5) E other (speciiy): (5)D othgr (specify): ' If this form is tsed as a cross-oomplaim. plaintiff means aoss-comptaimnt and defendant means cmssoelendani. Page 1 of z n Fmflmczfidngfkogfgngse > COMPLAINT-Contract Code orcm Procedure, § 425.12 Pw'c'om [Rm Jammy 1' 20071 . Ameriun LeglNel. Inc. www.FomsWorkflawnom -- PLD-C-001 SHORT TITLE: CASENUMBER Citibank, N.A. V. Santiago B Gaitan 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1)E Doe defendants (specify Doe numbers): V were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2)E Doe defendants (specify Doe numbers). . are persons whose capacities are unknown to plaintiff. ' _ c. E Information about additional defendants who arg not natural persons is contained in Attachment 4c. d, E Defendants who are jojned under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes. or b. E is excused from complying because (specify): 6. D This action is subject to D Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because a. ’D a defendant entered into the contract here. b. E a defendant lived here when the contract was entered into. c. m a defendant lives here now. d. D the contract was to be performed here. e. D a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real property that Is the subject of this action Is located here. g. D other (specvM: 8. The following causes of action are attached and the statements above appIy to each (each complaint must have one or more causes of action attached): E Breach of Contract w Common Counts E Other (special): 9. D Other allegations: 1D. Plaintiff prays forjudgment for costs of suit; for such relief as is fair. just. and equitable; and for a. E damages of: $ 4761 .21 b. D intereston the damages (1)D according to proof (2)E at the rate of (special): percent per year from (date): *Plaintiffwaives post charge- ‘1 E attorney's ‘95 *Plaintiff waives attorney fees Offprerdgment intereSt (1)D of: $ (2)D according to proof. d. m other {speciwt Costs of suit 11 E The paragraphs ofthis ple\a/n alle ed on information and belief are as follows (specify paragraph numbers): Ryota Isozaki_A am rumage_ Maria Bradish Don-Phan-Huy_ Derrick Uhri- Date: Jeremy Kimmelman_ Eric Marquez_ KaI-lie D. Schafer MAR ‘3 1 202 - b (TYPE 0R PRINT NAME) (suemrune oFmum” oR ATTORNEY) -~ -~'« (lfyou wish to verify this pleading, affix a verification.) ' V mem [Rev. January 1. 20071 _. __ COMPLAINT_c°mract page 2 o: 2 PLD-C-001 (2) SHORT TITLE: ' CASE NUMBER; Citibank, N.A. V. Santiago B Gaitan FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT T0 m Complaint D Cross-Complaint (Use a separate cause of action form for each cause ofaction.) cc-1. Plaintiff (name).- Citibank, N.A. alleges thatdefendant (name): Santiago B Gaitan became indebted to m plaintiff E other (name): a. within the last four years (1) on an open book account for money due. (2) E because an account was stated in writing by and between plaintiff and defendant in which i! was agreed that defendant was indebted to plaintiff. ’ b. E within the last D two years four years (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor, servicas and materials rendered a! the special instance and requast of defendant and for which defeqdant promised to pay plaintiff.D the sum of $E the reasonable value. (3) D for goods, wares. and merchandise said and delivered to defendant and for which defendant promised to pay plaintiffD the sum of $E the reasonable value. (4) for money lent by plaintiff lo defendant at defendant's request. (5) m for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) m other(Speci6/): This cause of action relates to the C1TI MASTERCARD® credit card issued by Plaintiff having account number XXXDOQCOQQQCXS5 87. CC-2. $ 476121 .which is me reasonable value, is due and unpaid despite plaintiff‘s demand, plus prejudgment interest E according to proof E at the rate of percent per year from (date): *Plaintiffwaives post charge-offprejudgment interest CC-3. E Plaintiff is entitled to attorney fees by an agreement or a statuteD of $ *Plalntlffwalves attorney feesD according to proof. CC4- m omen Costs of suit Page Page 1 ofi F lovo ' na! Use Code ofCivil Promdure. 425.123'36de“gmmb CAUSE OF ACTION-Common Counts. mmmmgmgov PLDcC-OOHZ) [Rev. Jamary 1, 2009] Amenmn LegalNel, Inc. www.ansWoIkflaw.cum