Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 23, 2021

ATTORNEY O i=i PARTY WITHOUT ATTORNEY (Name, Stele Bar number, and address) Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 ) I Kevin Brendan Buiza ¹318691 7017 Realm Dr. San Jose CA 95119 TELEPHONE No (800) 680-2426 E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) Plaintiff FAX NO (Optional) (408) 362-2299 STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND ZIP CODE San Jose CA 95113 BRANGH NAME Downtown Supenor Coun PLAINTIFF JPMorgen Chase Bank, N.A SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONI. T DEFENDANT SARA RABIEY ~ DOES 1 TO DLI COII(IPLAINT CONTRACT~ AMENDED COMPLAINT (Numbep)r H CROSS-COII(IPLAINT M AMENDED CROSS-COII(IPLAINT (Number)( $2 615 59 CASE NUMBER 1. Plaintiff* (name or names): JPMorgan Chase Bank, N.A. Jurisdiction (check all lhat apply): (JLj ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000~ ACTION IS AN UNLIII(ffTED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint~ from limited to unlimited~ from unlimited to limited alleges causes of action against defendant* (name or names): SARA RABIEY 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): JPMorgan Chase Bank, N.A. {1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (dsscnbe): {3) (JLj other (specify): A National Banking Association organized and existing under and by virtue of the laws of the United States of Amenca b. ~ Plaintiff (name)( a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): except defendant (name); (1) ~ a business organization, form unknown (2) ~ a corporation {3) ~ an unincorporated entity (dsscnbe): b. ~ has comphed with all hcensing 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): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (dsscribe): (5) ~ other (specify): Form Approved for Optional Use Jud oai Cou ol of California 'ff tha form is used as a cross-complaint, plsintiff means cross-complainant and defendant means cross-defendant COMPLAINT-Contract IINIINIINIIINIINNIII NINIINIIIIINI II Page I of 2 code of civil Procedure, 5 425 12 1455483.001 Electronically filed by Superior Court of CA, County of Santa Clara, on 4/23/2021 11:10 AM Reviewed By:Ashley Mackenzie Case #21CV381035 Env #6303751 21CV381035 SHORT TITLE: JPMorgsn Chase Bank, N A. v SARA RABIEY CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) M Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) M Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c, M Information about additional defendants who are natural persons is contained in Attachment 4c. d. M Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. M Plaintiff is required to comply with a claims statute, and a. M has complied with applicable claims statutes, or b. M is excused from complying because (specify): 6. M This action is sublect to H Civil Code section 1812,10 H Civil Code section 2984.4. 7. This court is the proper court because a. ~ a defendant enteredinto the contract here. b ~ a defendant lived here when the contract was entered into. c. ~ a defendant kves 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. ~ other (specify): 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 Common Counts Other (specify): 9. ~ Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. DE damages of: $2,615.59 b. ~ interest on the damages (1) ~ according to the proof (2) QQ at the rate of (specify): 0.0000 percent per year from (date): October 30, 2020 c. ~ attorney's fees (1) M of: $ (2) ~ according to proof. d. ~ other (specify): 11. ~ The paragraphs of this pleading alleged on information and bekef are as follows (specify paragraph numbersj: Date: April 22, 2021 Kevin Brendon Buiza ¹318691 ITYPE OR PRINT NAME) ISIGNATURE OF PiAINTIFF OR ATTORNEY) (lf you wish fo verify this p/eading, affix a venfication.) PLO-C-001 IRe Jao ary I, 2007i COMPLAINT-Contract Page 2 of 2 1455483.001 SHORT TITLE: JPMorgan Chase Bank, N.A. v. SARA RABIEY CASE NUMBER: PL D-C-001 (2) FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO (JL) Complaint W Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): JPMorgan Chase Bank, N.A. alleges that defendant (name)( SARA RABIEY became indebted to (JLI plaintiff M other (name): a. QLj within the (1) last four years on an open book account for money due. 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. M within the (1) (2) (3) (4) O (5) D (6) O last M two years M four years for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and matenals rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. M the sum of $ M the reasonable value. for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff M the sum of $ M the reasonable value. for money lent by plaintiff to defendant at defendant's request for money paid, laid out, and expended to or for defendant at defendant's special instance and request. other (specify): CC-2. $2,615.59 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus preludgment interest M according to proof EC at the rate of 0 0000 percent per year from (dale): October 30, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute W of$ according to proof. CC-4. M Other: Page Page 1 of 1 Form Approved for Opt onai Uee Judroat Counat of Calrfomra PLO-C-001(2) (Rev January i, 20091 CAUSE OF ACTION-Common Counts Code of 0 v I Procedure, 9 425 I 2 wwwcourtnfo capo 1455483.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: JPMorgan Chase Bank, N.A. v. SARA RABIEY, CASE NUMBER: Please check ONE of the following statements to indicate the basis for your filing of the complaint in this Judicial District and fill in the address. 1. Cause of Action arose in this Judicial District. The address of the cause of action is: Street City Zip Code 2. Property located in this judicial district. The address of this property is: Street City Zip Code 3. Tort occurred in this judicial district. The address of the tort is: Street (if known) City Zip Code (or nearest major intersection) 4. Contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: Street (if known) City Zip Code X 5. Defendant resides in this judicial district. The address of the defendant is: 544 REDWOOD AVE, MILPITAS CA 95035-3816 Street City Zip Code I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: April 22, 2021 Signature of Plaintiff's Attorney Hunt & Henriques 1 455483.001