Complaint Limited Up to 10K

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

ATTORNEY OR PARI Y WITHOUT ATTORNEY (Name, Stare Sar numbe, and address) Hunt & Hennques, 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 (Opfiona/) ATTORNEY FOR (Name). Plaintiff FA)ISO (Opncnal) (408) 362-2299 sTREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND ZIP CODE San Jose CA 95113 BRANCH NAME Downtown Supenor Court PLAINTIFF: TD BANK USA, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONL Y DEFENDANT: RHOOORA J LAGUESMA ~ DOES 1 TO CK COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number)) H CROSS.COMPLAINT C] AMENDED CROSS-COMPLAINT (Number)f $ 1 070 53 CASE NUMBER 1. Plaintiff* (name or names)) TD BANK USA, N.A. Jurisdiction (check all that apply): DLI 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 alleges causes of action against defendant* (name or names): RHODORA,I LAGUESMA 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): TD BANK USA, N.A. (1) ~ a corporation qualified to do business in Cahfornia (2) ~ an unincorporated entity (describe)) (3) DQ other (specily): 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 (spewly)i except defendant (name): !') ~ 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 (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specily): (4) ~ a public entity (describe): (5) ~ other (specify): Form Approved for Optmnel Use Jude at Counml of Cat for a "If this form is used as a cmss-complaint, pie ntif! means cross-complainant and defendant means cross-defendant COMPLAINT-Contract IIIIIIIIEIIIIIIINIIIHlfllllllWNIIINlflllll Paoe I of 2 code of ovii procedure, Ii s25 12 1441 638.001 E-FILED 4/28/2021 10:26 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381100 Reviewed By: M. Dominguez 6332424 21CV381100 SHORT TITLE: TD BANK USA, N.A. v. RHODORA J LAGUESMA 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 defendanis who are natural persons is contained in Attachment 41.. 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. H 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 lived here when the contract was entered into. c. DQ 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 DE 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. HU damages of: $1,070.53 b. ~ interest on the damages (1) ~ according to the proof (2) DL] at the rate of (specify): 0.0000 percent per year from (date): November 19, 2020 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify): 11. ~ The p. ragraphs of this pleading alleged on information and CC-1 a. (1), CC-1.a. (2), CC-1.b.(4), CC-1.b. (5) Date: April 20, 2021 belief are as follows (specify paragraph numbers) Ken L. Salet 0318913 (TYPE OR PRINT NAME) PLC-c-001 lae January I, 2007i iSIIINATURE OF PLAINTIFF OR XTTORNEYJ (If you wish to verify this pleading, affix a verification.) COIIIIPLAINT-Contract Page 2 of 2 1441638.001 SHORT TITLE; TD BANK USA, N.A. v. RHODOrtA J LAGUESMA CASE NUMBER: PLD-C4)01(2) FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO [K Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action. j CC-1. Plaintiff (name): TD BANK USA, N.A. alleges that defendant (name)J RHODORA J LAGUESMA became indebted to DG plaintiff M other (name): a. K] within the (1) (2) CE last four years on an open book account for money due. because an account was staled in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. (JLj within the (1) (2) D (3) (41 QLj (6) last M twoyears [K four years 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 $ 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 $ W 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. $ 1,070.53 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof EE at the rate of 0 0000 percent per year from (date)J November 19, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof, CC-4. M Other: Page Page I of 1 Form Aggro ed for Optmnal Uae Judraal Counol of Cairlornra PLO.C-Oof f2) ieev January 1, 20091 CAUSE OF ACTION-Con mon Counts Code of Crvri Procedure, 9 429 12 coumnfo ce gov 1441 638.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: TD BANK USA, N.A. v. RHODORA J LAGUESMA 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: 144 CHECKERS DR, SAN JOSE CA 95116-7003 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 20, 2021 Signature of Plaintiff's Attorney Hunt 8 Henriques 1441638.001