Complaint Limited Up to 10K

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

ATTORNEY OR PARTY Wii'H OUT ATTORNEY (Name, State sar numper, sndaddrss('unt & 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( ATTORNEY FOR (Name) Plaintiff FAX NO (Opponari (408) 362-2299 pLAINTIFF Capital One Bank (USA), N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS 191 North FirstStreet MAILING ADDRESS GITY AND zip coDE San Jose CA 95113 BRANCH NAME Downtown Superior Court PLD-C-001 FOR COURT USE ONLY DEFENDANT: MICHAEL T SKIPWITH ~ DOES 1 TO ~ COMPLAINT CONTRACT~ AMENDED COIIIIPLAINT (Number)( H CROSS-COMPLAINT H AIIIIENDED CROSS-COMPLAINT (Number)( $6 166 24 CASE NUMBER 1. Plaintiff* (name or names): Capital One Bank (USA), N.A. Jurisdiction (check 8/I that apply)r DE 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): MICHAEL T SKIPWITH 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): Capital One Bank (USA), N.A. (1) ~ a corporation qualified to do business 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 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 corporatton (3) ~ an unincorporated entity (describe): b. ~ has complied with all licensing requirements as a licensed (specify71 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 pubhc entity (describe): (5) ~ other (speciiy): (4) ~ a public entity (describe): (5) ~ other (specify): Form Approved for Optional Use Judioal Counol of California 'if this form s used as a cross-complaint, plaintiif means cross-complainant and defendant means cross-defendant COIIIIPLAINT-Contract IIIIIIIHIIIIIIIIIII8llllllllll5llllllllllllllll Page I of 2 Code of Civil Procedure, 9 425 12 1453829.001 E-FILED 4/28/2021 10:26 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381105 Reviewed By: M. Dominguez 6332425 21CV381105 SHORT TITLE'apital One Bank (USA), N.A. v. MICHAEL T SKIPWITH 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 (specffy)7 6. M This action is subject to C] Civil Code section 1812.10 W 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. QE 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)7 8. The following causes of action are attached and the statements above apply to each (each complainf must have one or more causes of action attached): Breach of Contract HU Common Counts C7 Other (specify)7 9. ~ Other allegations. 10. Plaintiff prays for )udgment for costs of suit; for such relief as is faih lust, and equitable; and for a. ~ damages of: $6,166.24 b. ~ interest on the damages (1) ~ according to the proof (2) ~ at the rate of (specffy): 0.0000 percent per year from (date): February 11, 2020 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify): 11. [jQ The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): CC-1.a.(1), CC-1.a.(2), CC-1.b.(4), CC-1.b.(5) i Kevin Brendon Buiza ¹St 8691 lTYPE OR PRINT NAME) iSIGNATURE OF PLAINTIFF OR ATI ORNEYi (If you wish to verify this pleading, affix a verification.) PLO-C-001 [Rev January I, 20071 COIIIIPLAINT-Contract Page 2 of 2 1453829.001 SHORT TITLE: Capital One Bank (USA), N.A. v MICHAEL T SKIPWITH CASE NUMBER: PLD-C-001(2) FIRST (num(far) 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): Capital One Bank (USA), N.A. alleges that defendant (name)( MICHAEL T SKIPWITH became indebted to DE plaintiff M other (name)r a. [K within the last four years (1) QQ 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. C}LI 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) ~ 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. (3) M 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) QQ for money lent by plaintiff to defendant at defendant's request (5) M for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) ~ other (specify): CC-2. $6,166.24 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof DO at the rate of 0.0000 percent per year from (date): February 11, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H ot$ according to proof. CC-4. M Other: Page Page 1 of 1 Form Approved for Optional uee Judioal Counol of Cal fomia PLo.c-oof(al (Rev Januao 1, 2009I CAUSE OF ACTION-Common Counts Code of Cw I Procedure, 0 420 12 www couninro ca gov 1453829.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Capital One Bank (USA), N.A. v. MICHAEL T SKIPWITH, 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: 4407 JONQUIL DR, SAN JOSE CA 95136-2058 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 8 Henriques 1453829.001