Complaint Limited Up to 10K

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

ATTORNEY OR PARTY WtTHOUT ATTORNEY (Name, Slate Bar number and address( 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 (Optional) ATTORNEY FOR (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 Noah First Street MAILING ADDRESS CITY AND 2lp CQDE San Jose CA 95113 BRANGH NAME Downtown Supenor Court PLD-C-001 FOR COURT USE ONL Y DEFENDANT; JESSICA MOATS ~ DOES I TD ~ COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number)( H CROSS-COMPLAINT W AMENDED CROSS-COMPLAINT (Number)( $5 868 42 CASE NUMBER 1. Plaintiff* (name or names): Capital One Bank (USA), N.A. 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 alleges causes of action against defendant* (name or names): JESSICA MOATS 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 quahfied to do business in California (2) ~ an unincorporated entity (describe)( (3) ~ other (spetxfy)( 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) C3 a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): b. C3 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) C2 a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (descnbe): (5) ~ other (specify): Form Approved for Opt onal Use Judiaal Counal of Cal lamia It th s form is used as a cross-compte nt, pla ntiff means cross-complainant and defendant means c oss-defendant COMPLAINT-Contract IIIIIIIIIIIIIIII INIIII II IIllllllklfl III Page I ot 2 Cade of Civi Procedure, 9 425 12 1453752.001 E-FILED 4/28/2021 10:27 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381106 Reviewed By: M. Dominguez 6332455 21CV381106 SHORT TITLE Capital One Bank (IJSA), N A. v JESSICA MOATS 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)J 5. M Plaintiff is required to comply with a claims statute, and a. M has complied with applicable claims statutes, or b. ~ is excused from complying because (specify): 6. MThisactionissubtectto H CivilCodesection1812.10 H CivilCodesection 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. ~ 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 DE Common Counts Other (specify): 9. ~ Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such rekef as is fair, just, and equitabie; and for a. QE damages of: $5,868.42 b HE interest on the damages (1) ~ according to the proof (2) ~ at the rate of (specify): 0.0000 percent per year from (date) March 3, 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 follows (specify paragraph numbers) CC-1.a. (1), CC-1.a. (2), CC-1.b. (4), CC-1.b. (5) Date: Apnl 22, 2021 Kerf L. Sslet ¹318913 fTTPE OR PRINT NAME) (SIITNATURE OF PLAINTIFF OR A~EY) PLO-C-001 IRev January I, 2007I (ff you wish to verify this p/eading, affix a verification.) COMPLAINT-Contract Page 2 of 2 1 453752.001 SHORT TITLE: Capital One Bank (USA), N.A. v. JESSICA MOATS CASE NUMBER: PLD-C-001(2) FIRST (numbe ) CAUSE OF ACTION-Common Counts ATTACHMENT TO (JLj 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): JESS I CA MOATS became indebted to (JLj plaintiff M other (name)( a. (JLj within the last four years (I ) (JLj on an open book account for money due. (2) (JLj 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. ~ within the last M two years [K four years (I) 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 $ the reasonable value. (4) tJL| for money lent by plaintiff to defendant at defendant's request (5) DE for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) M other (specify): CC-2. $5,868.42 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof Kj at the rate of 0 0000 percent per year from (date): March 3, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H of$ D according to proof. CC-4. M Other Page Page 1 of 1 Form Approved for upi onal Uee Jud c al Cou ol of Cairfornra PLC-c-001(2)lnev January 1,2009) CAUSE OF ACTION-Common Counts Code of 0 I Procedure, 9 429 12 www coun'mfa ce gov I 453752.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Capital One Bank (USA), N.A. V. JESSICA MOATS, 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. t. 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: 235 W DUNNE AVE APT 8, MORGAN HILL CA 95037-4847 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 1453752.001