Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 26, 2021

Electronically filed by Superior Court of CA, County of Santa Clara, on 4/26/2021 3:50 PM Reviewed By:R. Guillermo Case #21CV380961 Env #6317803 21CV380961 PLD-C-001 ATTORNEY 0R PARTY wxmour ATTORNEY (Name, state Barnumber, and amass).- The Moore Law Group, APC, FOR COURTUSE ONLY Maria Bradish (288384) Adam Brumage (283180) Don Phan-Huy (309853) Ryota Isozaki (321040) Derrick Uhri (321161) Jeremy Kimmelman (32295 8) Eric Marquez (331023) Karlie D. Schafer (33 1884) P.O. Box 25 145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 TELEPHONE ch 8006062652 FAX N0. (OpnonaI). E-MAzL ADDRESS (Optional): ATIORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDESS; 19]. North First Street MUM; ADDRESS; San Jose CA 95 1 13 cm, AND 2,? CODE; Santa Clara County - San Jose Courthouse BRANCH NAME: PLA'NT'FFZ JPMorgan Chase Bank, N.A. DEFENDANT: ISMAEL S BELTRAN E Does 1 To CONTRACT Am COMPLAINT , E AMENDED COMPLAINT (Numbe‘r): E CROSSCOMPLAINT E AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that 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 unlimitedE from unlimited to limited 1. Plaintiff (name 0r names): JPMorgan Chase Bank NA CASE NUMBER alleges causes of action against defendant‘ (name or names): ISMAEL S BELTRAN 2. This pleading. including attachments and exhibits consiss of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adultm except Plainfiff (name): JPMorgan Chase Bank, N.A. (1) Ea corporation qualified to do business 'm California (2) Dan unincorporated entity (describe): <3) mower (SPeC’TY): 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 personE 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 uninmrporated entity (describe): (3)E an unincorporated entity (describe). (4)E a public entity (deécn'be): (4)E a public entity (describe): (5) E other (specify): , (5)E other (specify): ' If this fotm is Lsed as a muss-oomplainl. pbinliff means aoss-wmuaimnl and defendant mears crossfiefendam. Page 1 of 2 A Fflmgm?g,°g;?:ngse I COMPLAINT-Contract Code o! cavn Procedure, 5 425.12 Pw‘c‘m‘ IRE“ Jam” 1' 2°07] Amarimn Lemma. Inc. ' www.FormsWarkflowcom PLD-C-001 SHORT TITLE: CASE NUMBER JPMorgan Chase Bank, N.A. V. ISMAEL S BELTRAN 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1)D Doe defendants (special Doe numbers): 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 are not natural persons is contained in Atiachment 4c. d, D Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6. D This action is subject to E Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. E a defendant entered into the contact here. b. D 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. E a defendant is a corporation or unincorporated association and its principal piace of business is here. f. D real property that'Is the subject of this action'Is located here g. D other (special). 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): ‘ U Breach of Contract m Common Counts E Other (specify).- 9. D Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair. just. and equitable; and for a. m damages ofi $ 7444.6 1 b. E intereston the damages (1)E according to proof (2)E at the rate of (specim: " percent per year from (date): r 7 w G E a‘tOmey'S fees *Plaintiff waives attorney’s fees (1)D of: $ (2)E according to proof. d. E other {specifi}: *Plaintiff waives post charge-offpre-judgment interest adish Adam Bmmage__ Don Phan- Ryota I-sozaki_ Derrick Uhri Dam: Jeremy Kimelman-4 -Eric Mar uez____-Ka.rlic APR 2 3 2021 D. Schafer_ q > m/ (TYPE OR PRINT NAME) (SYGNATURE 0F PLAlNTlFF 0R ATTORNEY) (Ifyou wish to verify this pleading, affix a verification.) PLDcom [Rem January 1. 2007] COMPLAINT_contract page z at 2 11 D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers). Huy_may an-c-oo1(2) SHORT TITLE:JPMOI‘gan Chase Bank, N.A. V. ISMAEL S BELTRAN CASE NUMBER: FIRST CAUSE 0F ACTION-Common Counts (number) ATTACHMENTTO E] Complaint [j Cross-Complaint (Use a separate cause ofaction form for each cause ofaction.) 001. Plaintiff (name): JPMorgan Chase Bank, N.A. alleges thatdefendant (name): ISMAEL S BELTRAN became indebted to E plaintiff E other (name): a. - within the last four years (1) - on an open book account for money due. (2) m because an account was stated'1n writing by and between plaintiff and defendant m which it _was agreed that defendant was indebted to plaintiff. ~ b. m within the last D two years - four years (1) E for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor, services and maten‘als rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.E the sum of $E the reasonable value. (3) E for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD the sum of $D the reasonable value. (4) 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 request (6) m other (specify): This cause of action relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiff having account number 993 7. CC-2. $ 744461 .which is the reasonabie value. is due and unpaid despite plaintiff‘s dermnd, plus prejudgment interest E according to proof D at the rate of percent per year from (date): _ *Plaintiff waives post charge-offpre-judgment interest CC-3. D Plagintiff is entitled to attorney feés by an agreerrieni or a statute‘E of s *Plamtlffwalves attorney’s feesE according to proof. CCA. D omen Page - ' P295 1 an Form awed lo: 0 fional Use __c Code of Civil Procedure. § 42512 Judig'pafimuna’loigalflomla CAUSE 0F ACTION ommon counts - www.muninfa.-.gov PLD-C-OO1(2) [Rem Jamary 1, 2009] ‘ > Amenmn LegalNel. Inc. www.FormsWondIownom