Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 30, 2021

21CV381170 Electronically filed by Superior Court of CA, County of Santa Clara, on 4/30/2021 11:15 AM Reviewed By:Ashley Mackenzie Case #21CV381170 Env #6352451 . ¥ PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Barnumner, and address).- The Moore Law Group, APC FOR comeruse ouLy Adam Brumage (283180) Maria Bradish (288384) Don Phan-Huy (309853) Ryota Isozaki (321040) Dem'ck Uhri (321 161) Jeremy Kimmelman (322958) Eric Marquez (331023)Kar1ie D. Schafer (331884) P.O. Box 25145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 TELEPHONE No: 800_506_2652 FAX NO‘ (Optimal): E-MAIL ADDRESS (Optional).- ATIORNEV FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 North First Street MNLINGADDRESSI San Jose CA 951 13 CITY AND ZIF CODE: BRANCH NAME? PLA'NT'FE Discover Bank DEFENDANT: Venkatasrikanth Kota E Does 1 To CONTRACTm COMPLAINT E AMENDED COMPLAINT (Number): E CROSSCOMPLAINT E AMENDED CROSS-COMPLAINT (Number): Jurlsdlctlon (check all (hat apply):m ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by thls amended complaint or cross-complaint Efrem limited to unlimitedE from unlimited to limited 1. Plaintiff (name or names): Discover Bank CASE NUMBER alleges causes of action against defendant‘ (name ornames): Venkatasrikanth Kota 2. This pleading, including attachments and exhibits, consiss of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adultm except plaintiff (name): Discover Bank (1) Ea corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) mower (SPGCW: Corporation b.E Plaintiff (name): a.E has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b-E has complied with all licensing requirements as a licensed (specify): c.E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personE except defendant (name): E except defendant (name): (1) E a business organ'zation. form unknown (1) [j a business organization. form unknown (2)E a corporation r _ (2)E a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): . ' (4)E a public entity (describe): (5) E other (specify): (5)E other (specimf . ' I! this form Is lsed as a uoss-oomplalnl. plaintiff means aoss-oomplainanl and defendanl means cmss-delendanl. ’ Page 1 of z Fmgf'gfidnggfoggffggse COMPLAINT-Contract Code orcm Procedure. 5 425.12 PlD-C-OO‘I [REV- Jammy 1. 2007] _ Amen‘wn LemlNel, Inc. www.FarmsWadc/Iawcom ’PLD-C-001 SHORT TITLE: CASE NUMBER Discover Bank V. Venkatasrikanth Kota 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1)D 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)E Doe defendants (special Doe numbers): are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are not natural persons is contained in Attachment 4c. d. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. E Plaintiff is required lo comply with a claims statute, and a. D has complied with applicable claims statutes. or b. D i5 excused from complying because (specifix): 6. D This action is subject to E Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b. E a defendant lived here when the contract was entered into. .c, m a defendant lives here now. d. E the contract was to be performed here. e. E a defendant is a corporation or unincorporated association and its principal place of business is here. f. E real propeny that'Is the subject of this action Is located here. g. D other (specifir): 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): . E Breach ofContract m Common Counts E Other(speciry): 9. E Other allegations_: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is hir. just. and equitable; and for a. E damages of: $ 3288.44 b. E intereston the damages (1)E according to proof - _' (2)E atthe rate'of (specify):‘ . percentper yearfrom (date): c. D attorney's fees ?"* Plaintifi waives attorney’s fees (1)E of: $ (2)E according to proof. d- m other (Specify): Costs of suit and post judgment interest according to statute. 11. E The paragraphs of this pleading alleged on information and be4e as folloWs (specify paragraph numbers). Adam Brumage_ Maria Bradish_ Don Phan-Huy_m 2 9 2% ota Isozaki_ Derrick Uhri_ J-eremy Kimmelman (TYPE 0R PRINTNAME) (SIGNATURE of TMIFF 0R ATTORNEY) c Marquez_ Karlie D. Sch-afer_ ()fyou wish to ven‘fi/ this pleading, affix a verification.) pmcw [Rem January 1. zoon . > compLAlNT-Contract V7 pagem2 PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: Discover Bank V. Venkatasrikanth Kota FIRST CAUSE 0F ACTION-Common Counts (number) ATTACHMENTTO m Complaint D Cross-Complaint (Use a separate cause of action form for each cause ofaction.) CC‘A. Plaintiff (name): Discover Bank aIleges that defendant (name): Venkatasrikanth Kota becamerindebted to E plaintiff, D other (name): ‘ a. within the last four years (1) on an open book account for money due. (2) m because a’n account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. E within the last D two years m four years (1) E for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor, servicw and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.D the sum of $D the reasonable value. (3) D for goods, wares. and merchandise soId and delivered to defendant and for which defendant promised to pay plaintiflD the sum of $D the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) E for money paid, laid out, and expended to or for defendant at defendant's spec'al instance and request. (6) m other (specify).- This cause of action relates to the Discover Bank credit card having account number ?QCXXXXXXXXXXMSS. CC-2. $ 328844 ,which is the reasonable value, is due and unpaid despite plaintifi‘s demand. plus prejudgment interest D according to proof D at the rate of percent per year from (date): CC-3. D Plaintiff is. entitled to attorhey fees by an agreement or a statuteD of $ ** Plaintiff waives attorney’s feesE according to proof. 004. [Z Othen Costs of suit and post judgment interest according to statute. Page Pagflof‘l F Approvedimo ’ nalUse _. c CodeofCiviIProwd re, 425.12 amide! Coundloi gualqunmia CAUSE OF ACTION ommon counts * > - wwwmgninfg.-.gav PLDGOOHZ) [Rem JanLBry ‘l. 2009) Ameriwn LegalNet. Inc. www.meWotkflow.oum