Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 29, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar numoer snd address) Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 ~ ) Todd Masuda ¹335420 7017 Realm Dr. San Jose CA 95119 TELEPHONE No (800) 680-2426 E.MAIL ADDRESS (Optional) ATToRNEY FQR (Name( Plaintiff FAX NO (Opt onsii (408) 362-2299 S1'NEET ADDRESS 191 North First Street MAIUNG ADDRESS GITY AND zip DDDE San Jose CA 95113 BRANCH NAME Downtown Superior Court PLAINTIFF: CITIBANK, N.A SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONLY DEFENDANT MOHAMMAD EDREES ~ DOES I TO ~ COII(IPLAINT CONTRACT~ AMENDED COMPLAINT (Number)i M CROSS-COMPLAINT W ANIENDED CROSS-COMPLAINT (Number)r $5 605 74 cAsE NUMBER 1. Plaintiff* (name or names): CITIBANK, N.A. Jurisdiction (check all that apply): 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): MOHAMMAD EDREES 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): CITIBANK, N.A. (1) ~ a corporation qualified to do business in Cahfornia (2) ~ an unincorporated entity (describe)( (3) ~ other (specify)i 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 (specily): except defendant (nsme): (1) ~ 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 (descnbe); (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (specify): Form Approved for Optional Use Jud cat Co nc I of Cal fom a PLD-DJXII (Rev January I, 20071 'll this form is used as a cross-complaint, pla ntiff means cross-compte nant and defendant means cross-defendant COMPLAINT-Contract I& &&It&III IIIII (I te Page 1 of 2 Code of Cml Procedure, 5 a25 12 1455613.001 E-FILED 4/29/2021 2:38 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381189 Reviewed By: K. Himes 21CV381189 BNGRT TITLE CITIBANK, N.A. v, MOHAMMA0 EDREES 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 (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. QQ 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)J 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 DLI Common Counts Other (specify): 9. HU Other allegations: On July 1, 2011, Citibank (South Dakota) N.A. merged into Citibank, N.A., with Citibank N.A. as the resulting and surviving national banking association. Citibank, N.A. is the current owner of this My Best Buy Visa branded credit account and all rights to pursue collection from Defendant. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. E2E damages of: $5,605.74 b. C}H interest on the damages (1) ~ according to the proof (2) DQ at the rate of (specify)J 0.0000 percent per year from (date)J January 29, 2021 c. ~ attorney's fees (1) ~of $ (2) ~ according to proof. d. ~ other (specify): 11. 3Q 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: April 28, 2021 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEYI (If you wish fo verify this pleading, affix a venfication.) COMPLAINT-ContractPLO-C-OOI iRav January I, 200ri Paga2af2 1455613.001 SHORT TITLE: CITIBANK, N.A. v. MOHAMMAD EDREES CASE NUMBER: PLD-C-001(2) FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO DLI Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): CITIBANK, N.A. alleges that defendant (name)f MOHAMMAD EDREES became indebted to M plaintiff (JL) other (name): or its predecessor in interest a. K] within the (1) 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. [K within the (1) H (2) D (3) (4) M (6) last M two years M four years for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and matenals 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 C3 the sum of $ M 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)i CC.2 $5,605.74 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof M at the rate of 0 0000 percent per year from (date)i January 29, 2021 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H of$ according to proof. CC-4. M Other: Page Pape 1 of 1 Form Approved for Opt onal Uae Judroal Counal of Calrfomra PLOC001(2) [Rev January 1, 2000] CAUSE OF ACTION-Common Counts Code of C I Procedure, 242512 www coumnfo ca pov 1455613.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: CITIBANK, N.A. v. MOHAMMAD EDREES, 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: 142 N Milpitas Boulevard Unit 435, Milpitas CA 95035 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 28, 2021 Signature of Plaintiff's A)torney Hunt & Henriques 1455613.001