Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 28, 2021

ATTORNEY OR PARTY INITHOUT AT1 ORNE Y (Name, Stets Ssr numesr and address) Hunt 8 Henriques, Attorneys at Law Donald Sherrill ¹266038 ( ( Kevin Brendon Buiza ¹318691 7017 Realm Dr San Jose CA 95119 TELEPHONE No (800) 680-2426 E.MAIL ADDRESS (optional( ATTQRNEY FQR (Name( Plaintiff FAx No (optional( (408) 362-2299 pLAINTIFF: Capital One Bank (USA), N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND Zip CODE San Jose CA 95113 SI=IANCH NAME Downtown Supenor Court PLD-C-001 FOR COURT USE ONL Y DEFENDANT SRIKANTH BEDDY MOOSAN ~ DOES I TD DG COMPLAINT CONTRACT~ All(IENDED COMPLAINT (Number)( H CROSS-COMPLAINT H AINENDED CROSS-COIIIIPLAINT (Number)( $ 1 601 92 CASE NUMSER Jurisdiction (check all that apply):~ 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 UNLIMITED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint~ from limited to unlimited~ from unlimited to limited 1. Plaintiff* (name or names) Capital One Bank (USA), N.A. alleges causes of action against defendant* (name or names): SRIKANTH REDDY MOOSAN 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 (nama): Capital One Bank (USA), N,A. (1) ~ a corporation quahfied to do bustness in California (2) ~ an unincorporated entity (describe): (3) ~ other (specify): 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 comphed 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)i 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 (describe): (5) ~ other (specify); Form Appro ed for Opt onal Use Judioal Counol of Cal lorn a PLD-c-001(RevJanuary 1,2007I '0 this form Is used as a cross-compla nt, plaintiff means cross-complainant and defendant means cross-defendant COII(IPLAINT-Contract HH HIH IHHIIHI fHIIIIIH HI HH Page I of2 code of c v I Procedure, I 425 12 1411937.001 Electronically filed by Superior Court of CA, County of Santa Clara, on 4/28/2021 10:26 AM Reviewed By:Ashley Mackenzie Case #21CV381099 Env #6332417 21CV381099 SFIQRT TITLE: Capital One Bank (USA), N.A v. SRIKANTH REDDV MOOSAN 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, C] This action is subject to H Civil Code section 1812.10 H Civil Code section 2984.4. 7. This court is the proper court because a ~ a defendant entered into the contract here. b. ~ a defendant kved here when the contract was entered into. c. C}E a defendant lives 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. ~ damages of: $ 1,601.92 b. EK interest on the damages (1) ~ according to the proof (2) [jQ at the rate of (specify): 0.0000 percent per year from (date): August 12, 2019 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify): 11. ~ The paragraphs of this pleading alleged on information and behef are as follows (specify paragraph numbers): CC-1.a. (1), CC-I .a. (2), CC-1.b. (4), CC-1.b. (5) Date: April 23, 2021 Kevin Brendon Buiza ¹31869t (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish lo verify this pleading, affix a verification.) PLO-C 001 [Re January I 2007) COIIIIPLAINT-Contract Page 2 of 2 1411937.001 SHORT TITLE.'Capital One Bank (USA), N.A. v. SRIKANTH REDDY MOOSAN CASE NUMBER: PLD-C-001(2) FIRST (numuerl CAUSE OF ACTION-Common Counts ATTACHMENT TO L1(j Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Capital One Bank (USA), N.A. alleges that defendant (name): SRIKANTH REDDY MOOSAN became indebted to iK plaintiff M other (name)( a. EE within the last four years (1) ~ on an open book account for money due. (2) K] 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 last M two years M four years (1) M for money had and received by defendant for the use and benefit of plaintiff (2) W 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 $ W the reasonable value. (3) ~ 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. (4) DD for money lent by plaintiff to defendant at defendant's request (5) QO for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) ~ other (specify)r CC-2. $1,601.92 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof M at the rate of 0 0000 percent per year from (date): August 12, 2019 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof CC-4. W Other: Page Page 4 of I Form Appro ed for Optional Uee Judiaal Co un pl of Cai tornia PLO-0-OOI(2l [Rev January t, 2009i CAUSE OF ACTION-Common Counts Code of Civil P oped re, 1 425 12www couniiifo ce gov 141 I 937.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLAPA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Capital One Bank (USA), N.A. v. SRIKANTH REDDY MOOSAN, 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: 3500 GRANADA AVE APT 233, SANTA CLARA CA 95051 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 23, 2021 Signature of Plaintiff's Attorney Hunt & Henriques 1411937.001