Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.April 27, 2021

E-FILED PLD-C-001 A'I'I'ORNEY OR PARTY WITHOUTA'I'I'ORNEY (Name, State Bar nun'ber, and address): Robert Scott Kennard, SBN 117017 Jamie Forbes, SBN 249270 NELSON & KENNARD File NO. 21-12554-0 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 P.O. Box 13807 Sacramento, CA 95853 TELEPHONENO: (916) 92o_2295 FAXNO.(Optiona/): E-MAIL ADDRESS (Optional).- ATFORNEY FOR(NarrB)-' BANK 0F AMERICA, N.A. SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREETADDRESS: 191 N. First Street MAILING ADDRESS: cnvmmzmcmm:8an Jose, CA 95113 BRANCHNAME LIMITED CIVIL CASE PLAHYHFE BANK OF AMERICA, N.A. DEFENDANT: PAUL MARQUIS, [X]DOES1TO 10 CONTRACT [X] COMPLAINT [ ]AMENDED COMPLAINT (Number): [ ]CRoss-COMPLAINT [ ]AMENDED CRoss-COMPLAINT (Number): 4/27/2024R3S’LWFTPWIONLY Clerk of Court Superior Court of CA, County of Santa Clara 21 CV381 029 Reviewed By: K. Himes Jurisdiction(check allthat apply): [X ] ACTION IS A LIMITED CIVIL CASE Amount demanded [ ] does not exceed$10,000 [ X] exceeds $10,000 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 CV381 029 1. Plaintiff* (name ornames): BANK OF AMERICA, N.A. alleges causes of action against defendant*(name or names): PAUL MARQUIS , , DOES 1 To 10 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 3c. 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 of2 Form Approved for Optional Use Judicial Council of California COMPLAI NT-Contra Ct 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. PAUL MARQUIS, et al. 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) [X ] Doe defendants (specify Doe numbers): l - 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. [ ]p|aintiff is excused from complying because (specify): 6. [ ]This action is subject to [ ] Civil Code section 1812.10 [ ] Civil 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. X] a defendant lives here now. ] the contract was to be performed here. ] a defendant is a corporation or unincorporated association and its principal place of business is here. ] real property that is the subject of this action is located here. g.[X](fiherfimmcmw: 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 musthave one or more causes of action attached): [ ] Breach of Contract c.[ d.[ e.[ f.[ [X ] Common Counts [ ]Other (specify): 9. [X ]Other allegations: 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 for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. [X] damages of$ 22,376.46 b. [ ] interest on the damages (1) [ ] according to proof (2) [ ] at the rate of (specify): percent per year from (date): c. [ ]attorney fees (1) [ ] 0f: $ (2) [ ] according to proof. d. [ ] other (specify): 11. [ ]The paragraphs of this pleading alleged on information and belief are as follows (specifyparagraph numbers): Date: April 20, 2021 La] p" Jamie Forbes ax I (SI GNAIU 7E OF PLAINTIFF ORA'ITORNEY) (TYPE 0R PRINT NAME) (If you wish to verify this pleading, affix a veri‘f/cation.) PLD-C-001 [Rev. January 1, 2007] COMPLAINT _ Contract Page 2 of2 PLD-c-oo1 (2) SHORT TITLE: CASE NUMBER: BANK OF AMERICA, N.A. v. PAUL MARQUIS, et al. FIRST CAUSE OF ACTION-Common Counts (number) A'I'I'ACHMENT 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. alleges thatdefendant (name): PAUL MARQUIS ; became indebted t0 [X]plaintiff [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$ 22,376.46 [ ]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. $ 22, 376 . 46 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 XXXXXXXXXXXX7621. The account was established on 3/08/01. The account Charged off on 2/29/20. The last payment received on the account was on 07/02/19. 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 1, 2014. 3 Page Page 1 of1 Form Approved for Optional Use CAUSE 0F 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, Jamie Forbes, declare: I am an attorney at law duly admitted and licensed to practice before all courts 0f the State of California and Ihave my professional ofice 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 fiom the county in which I have my ofice and for that reason I am making this verification 0n their behalf Ihave read the foregoing documents and know the contents thereof On information and beliefi 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 to 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. Ideclare under penalty ofpeljury 0fthe laws ofthe State 0f California that the foregoing is true and correct. Executed 0n April 20, 2021 , at McClellan, California. w; I Jamie ForbesU Page 4