Complaint Limited Up to 10K

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Sar number, and addressi Hunt 8 Henriques, Attorneys at Law Donald Shernll ¹266038 [ ( Keri L. Salet ¹318913 7017 Realm Dr. San Jose CA 95119 TELEPHONE NO (800) 680-2426 E-MAIL ADDRESS (Opt one li ATTORNEY FOR fNamei Plaintiff FAX No (Optonali (408) 362-2299 57REET ADDRESS 191 Nohh First street MAlclNG ADDRESS CITY AND 2iP CODE San Jose CA 95113 BRANGH NAME Downtown supenor court PLAINTIFF TD BANK USA, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONLY DEFENDANT; MELVINA P REED ~ DOES I TO DQ COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number)r H CROSS-COMPLAINT ~ AIIIIENDED CROSS-COMPLAINT (Number)t $2 093 61 CASE NUMBER 1. Plaintiff (name or names): TD BANK USA, N.A. Jurisdiction (check eii that apply)r DLI ACTION IS A LIMITED CIVIL CASE Amount demanded HE does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000M ACTION IS AN UNLIIIIIITED 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): MELVINA P REED 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 DE except plaintiff (name)f TD BANK USA, N.A. (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe)t (3) ~ other (specify)t 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 compked with the fictitious business name laws and is doing business under the fictitious name of (specify): except defendant (name): (I) ~ a business organization, form Unknown (2) ~ a corporation (3) ~ an untncorporated 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 biisiness 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 Opttonal Use Jud aai Counai of Catfornia PLIXO-Oct [Rev January I, 2007] 'lf thrs form e used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant COMPLAINT-Contract ISSIIIIIIIIIIIIINIIIIINII5llIIIIIIIII I' ge I of 2Code of Civil Procedure, 9 425 12 1443808.001 Electronically filed by Superior Court of CA, County of Santa Clara, on 4/28/2021 10:27 AM Reviewed By:Ashley Mackenzie Case #21CV381107 Env #6332450 21CV381107 SNORT TITLE: TD BANK USA, N.A. v. MELViNA P REED CASE NUMBER PLD-C-001 4. (Conlinued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) ~ Doe defendants (specily 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)i are persons whose capacities are unknown to plaintiff. c. M Information about additional uefendants who are natural persons is contained in Attachment 4c. d. M Defendants who are joined under Code of Civil Procedure section 382 are (names)i 5. M Plaintiff is ivquired to comply with a claims statute, and a. M has complied with applicable claims statutes, or b. M is excused from complying because (specify)i 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. M a defendant lived here when the contract was entered into. c. DQ 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)i 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 HU Common Counts Other (specify): 9. ~ Other allegations: 10. Plaintiff prays for ludgment for costs of suit; for such regef as is fair, just, and equitable; and for a. DE damages of: $2,093.61 b. HE interest on the damages (1) ~ according to the proof (2) ~ at the rate of (specily): 0.0000 percent per year from (dale)i December 5, 2020 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify)i 11. ~ The paragraphs of this pleading alleged on informatif,n and belief are as follows (specily paragraph numbers) CC-1.a.(1), CC-1.a.(2), CC-1.b.(4), CC-1 b.(5) Date: April 20, 2021 Keri L Sale( ¹313913 (TYPE OR PRINT NAME) (SIGNA I URE OF PLAINTIFF OR ATTORNEY( PL O-0-001 (ReY Janaafv I, 2002( (ll you wish lo verify this pleading, affix a venfication.) COMPLAINT-Contract Page 2 of 2 1443808.001 SHORT TITLE: TD BANK USA, N.A. v. MELVINA P REED CASE NUMBER: PLD-C-001(2) FIRST (numberf CAUSE OF ACTION-Common Counts ATTACHMENT TO [K Complaint M Cross - Complaint (Use a separate cause of action form for each cause oi action.) CC-1. Plaintiff (name)f TD BANK USA, N.A. alleges that defendant (name): MELVINA P REED became indebted to Kl plaintiff M other (name)f a. C}Lj within the (1) DE (2) last four years on an open book account for money due. 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. DQ within the (1) H (2) D (3) (4) lK (6) IK (6) last D two years QQ 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 $ M the reasonable value. for money lent by plaintiff to defendan't 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. $2,093.61 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus pre(udgment interest M according to proof DE at the rate of 0.0000 percent per year from (dale): December 5, 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 1 of 1 Form Appr ved for Optional Uee Judioal Counol of California PLD-0-00I (2) fne Januanr 1, 2009I CAUSE OF ACTION-Common Counts Code of Civil Procedure 0 425 12 www coom fo ce gov 1443808.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: TD BANK USA, N.A. v. MELVINA P REED 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: 413 GREATHOUSE DR, MILPITAS CA 95035-2816 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 Signatt)re of Plaintiff's At(brney Hunt & Henriques 1443808.001