Complaint Limited 10K and 25K

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

ATTORNEY OR PARTY WITHOUT ATTORNEY fName, Slate Bar number and addrsssi Hunt & Henriques, Attorneys at Law Donald Shernll ¹266038 ) I Keri L. Salet ¹318913 7017 Realm Dr. San Jose CA 95119 TELEPHONE NO (800) 680-2426 E.MAIL ADDRESS topi onal) ATTORNEY FOR INamel Plaintiff FAX NO fcpaonall (408) 362-2299 STREET ADDREss 191 North Ftrst Street MAILING ADDRESS CITY AND zip CODE San Jose CA 95113 BRANCH NAME Downtown Superior Court PLAINTIFF: JPMorgan Chase Bank, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONL Y DEFENDANT: CHUAN CHUAN TSOU M DOES I TO ~ COIIIIPLAINT CONTRACTC7 AMENDED COIIIIPLAINT (Number)f H CROSS-COMPLAINT H AMENDED CROSS-COIIIIPLAINT (Number)r $ 13 741 87 CASE NUMBER 1. Plaintiff* (name or names): JPMorgan Chase Bank, N.A. Jurisdiction (check aff that apply):~ ACTION IS A LINIITED CIVIL CASE Amount demanded ~ does not exceed $10,000 DE 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 alleges causes of action against defendant* (nsme or names): CHUAN CHUAN TSOU 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)J JPMorgan Chase Bank, N.A. (1) ~ a corporation qualified to do business in Caliiornia (2) ~ an unincorporated entity (describe): (3) ~ other (specify)i A National Banking Association organized and existing under and by virtue of the laws of the United States of America 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 (describe): 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 (nsme): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (descnbe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (specify): Form Approved for Optional Use Judioal Counol of California PLD-C-001 IRev January I, 200TI 'd this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cmss-defendant COIIIIPLAINT-Contract fllfl Iflfllflffllfffflmfffllllfllllllllllll II Piles I of 2 Code of Civil Procedure, 0 425 12 1455433.001 Electronically filed by Superior Court of CA, County of Santa Clara, on 4/23/2021 11:10 AM Reviewed By:Ashley Mackenzie Case #21CV381037 Env #6303760 21CV381037 SHORT TITLE. JPMorgan Chase Bank, N.A. v. CHUAN CHUAN TSOU 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. C7 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. HThisactionissubjectto H Civil Codesection1812.10 M Civil Codesection2984.4. 7. This court is the proper court because a. ~ a defendant entered into the contract here. b. ~ a defendant lived here when the contract was entered into. c. ~ a defendant lives here now. d. ~ the contract was to be performed here. e. ~ a defendant is a corporation or unincorporated association and its prinmpal place of business is here. f. ~ real property that is the sublect 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. E3 Other allegations: 10. Plaintiff prays for judgment for costs oi suit; ior such relief as is fair, just, and equitable; and for a. ~ damages of: $ 13,741.87 b. ~ interest on the damages (1) ~ according to the proof (2) [jE at the rate of (specify): 0.0000 percent per year from (date): October 30, 2020 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify): 11. ~ The paragraphs of this pleading alleged on information and belief are as folloifrs (specify paragraph rfffmbers) / Date: April 22, 2021 Ken L. Salet 0318913 iTYPE OR PRINT NAME) (SIGNIITURE OF PLAINTIFF OR ATTORNEY) (ifyou wish io verify this pleading, affix a verification.) PLC-c-001 (Rey January I 200TI COMPLAINT-Contract Page 2 of 2 1455433.001 SHORT TITLE: JPMorgan Chase Bank, N.A. v. CHUAN CHUAN TSOU CASE NUMBER: PLD-C-001(2) FIRST (numcer) CAUSE OF ACTION-Common Counts ATTACHMENT TO [K Complaint M 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): CHUAN CHUAN TSOU became indebted to (JL) plaintiff M other (name)f a. (JLj within the (1) last four years on an open book account for money due. because an account was stated in wnting by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. M within the (1) (2) D (3) O (4) O (6) last H two years H fouryears for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. M the sum of $ E3 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. $13,741.87 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus preiudgment interest C3 according to proof DO at the rate of 0.0000 percent per year from (date): October 30, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H of$ according to proof. CC-4. M Other: Page Page 1 of I Form Approved fo oplionai uae Judioal Counol of California PLO-C-00( (2) (Rev Januanf 1, 2009) CAUSE OF ACTION-Common Counts Code of Civil P ocedure, 0 425 12 www couninfo ca gov 1455433.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: JPMorgan Chase Bank, N.A. v. CHUAN CHUAN TSOU, 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 (or nearest major intersection) Zip Code 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: 1120 KIFER RD APT 153, SUNNYVALE CA 94086-5338 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 gg tg tgi~ i tiff'tt* t Hunt & Henriques 1455433.001