Complaint Limited 10K and 25KCal. Super. - 6th Dist.May 3, 2021Electronically filed by Superior Court of CA, County of Santa Clara, on 5/3/2021 11:30 AM Reviewed By:Ashley Mackenzie Case #21CV381207 Env #6362215 21CV381207 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name‘ State Bar number, and address): He Yanden, Esq. SBN: (321 1 14) F°Rmmmm MIC AEL & ASSOCIATES, PC 555 St. Charles Drive, Suite 204, Thousand Oaks, CA 91360 TELEPHONE No; (805) 379-8505 FAX No.(0pnbnau; (805) 379-8525 E-MAlL ADDRESS (Opa’onai); ATTORNEY FOR (Name): American Express National Bank f/k/a American Express Centurion Bank SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDRESS: 191 N. First Street MAILING ADDRESS: cmrANDZIP cooE:San Jose, CA 951 13 BRANcH NAME;Downtown Superior Court PLAINTIFF: American Express National Bank f/k/a American Express Centurion Bank I . . DEFENDANT: Venu Pathun, an 1nd1v1dual DOES 1 To 20 CONTRACT COMPLAINT m AMENDED COMPLAINT (Number): E caosscompwm [:3 AMENDED CRoss-COMPLAINT (Number): Jurisdiction (check all that apply): Acnon ts A LIMITED czvu. CASE CASE “UMBER: Amount demanded j: does not exceed $10,000 DE exceeds $10,000 but does not exceed $25,000a ACTEON |S AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION ES RECLASSIFIED by this amended complaint or cross-complaint Efrem limited to unsimited Efrem unlimited to limited 1. Plaintiff“ (name or names): American Express National Bank f/k/a American Express Centurion Bank alteges causes of action against defendant* (name or names): Venu Pathuri, an individual; Does 1 to 20_ 2. This pleading. Enctuding attachmenis and exhibits, consists of the following number of pages: 8 3. a. Each plaintiff named above is a competent adult except P'amfifi (name): American Express National Bank f/k/a American Express Centurion Bank (1) -a corporation qualified to do business 'm California (2) man unincorporated entity (describe): (3) Eother (specify): b. C] Plaintiff (name): a. [:3 has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b~ [:3 has complied with all licensing requirements as a licensed (specify): c. [:3 information about additional piaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personm except defendant (name): m except defendant (name): (1) C] a business organization, form unknown (1)E a business organization. form unknown (2)m a corporation (2) [:Z] a corporation (3)m an unincorporated entity (describe): (3)a an unincorporated entity (describe): (4) E: a pubiic entity (describe): (4)a a public entity (describe): (5) E other (specify): (5)D other (specify): ' If this farm is used as a crcss-complaint, plainmf means crosscomplainant and defendant means cross~defendanL Page 1 of 2 Fzmggpt‘ggfigggfoggfigifise COMPLAINT-contract Code of Civil Procedure. § 425. 1 2 PLD-C-OO‘I {Rem January 1. 2007] LexisNexis® Automated California Judicial Council Forms PLD-C-001 SHORT TITLE: CASE NUMBER AMEX vs. Pathuri, et a1. 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff‘ (1) n Doe defendants (specify Doe numbers) 1 10 iIlClUSiVC were the agents 0r employees ofthe named defendants and acted within the scope of that agency 0r employment. (2) n Doe defendants (specify Doe numbers) 1 1 20 IIICIUSIVC are persons whose capacities are unknown to plaintiff c. E Information about additional defendants who are not natural persons is contained in Attachment 4c. d, E Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. a Plaintiff is required to compiy with a claims statute, and a. E has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6A E This aCiiOfl i8 Subject 10 m Civil Code section 1812.10 E Civil Code section 29844. 7. This court is the proper court becauseD a defendant entered into the contract here;D a defendant lived here when the contract was entered into. a defendant lives here now.D the contract was to be performed hereA [j a defendant is a corporation or unincorporated association and its principal piace of business is here.D real property that is the subject of this action is iocated here.D other (specify): CPrM‘DQ-OUF” 8. The foilowing 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 of Contract Common Counts m Other(specify): 9‘ D Otherallegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a- damages of: $ 12583.54 b. E interestonthe damages (1)E according to proof (2) C] at the rate of (specify): percent per year from (date): c, D attorney's fees (1)E of: S 2)D according to proof. d. E other (specify): 11, The paragraphs ofthis pleading alleged on information and betief are as foilows (specify paragraph numbers): 7 Date: Aw 1}, 2021 Henry Yandell. Esq. SBN: (321] 14) } m-/ (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a venficaiionl) PLD-C-Om [Rev January 1, 20071 COMPLAINT-Contract Page 2 or 2 LexzsNexisz} Aummwed Ca/(fw‘m‘a Judicial Fozmcu’ Forms PLD-C-001(2) SHORT TITLE: CASE NUMBER: AMEX VS. Pathuri, 6t a]. FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO Complaint E Cross~Complaint (Use a separate cause of action form for each cause of action.) CC-T Plaintiff (name): American Express National Bank f/k/a American Express Centurion Bank aneges that defendant (name): Venu Pathuri, an individual; Does 1 t0 20. became indebted t0 plaintiff E other (name): a within the last four years (1) on an open book account for money due. (2) because an account was stated in writing by and between piaintiff and defendant in which it was agreed that defendant was indebted to piaintiff. b, E] within the iast E two years [:1 four years (1) E for money had and received by defendant for the use and benefit of plaintiff (2) E for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiffE the sum of $E the reasonable value (3) E for goods, wares, and merchandise sold and delivered t0 defendant and for which defendant promised t0 pay plaintiff [:1 the sum of $ [j the reasonable value. (4) E for money lent by plaintiff to defendant at defendant's request. (5) E for money paid, laid out, and expended t0 or for defendant at defendant‘s special instance and request. (6) E other (specify): CC-Z. $ 12,583.54 ,which is the reasonable value, is due and unpaid despite plaintiff‘s demand, plus prejudgment interest E according to proof [j at the rate of percent per year from (date): CC-3. [:1 Plaintiff is entitled to attorney fees by an agreement or a statute E] of$E accordingto proof. CO4. Q Other: Page 3 0f 8 Page 1 of‘l Form Approved tor Optional Use CAUSE 0F ACTION_C°mmon Counts Code of CMI Procedure § 425 12 Judlcwal Councd of Canfomia www coumnfo ca gov PLD~C-001(2) [Rev January 1‘ 2009} lyxisfi’cxis‘fil Automureu’ C(1/{f02'22ia Judiczu/ Council Fm'ms‘ PLD-C-oo1(2) SHORT TITLE: CASE NUMBER: AMEX vs. Pathuri” et a1. SECOND CAUSE OF ACTION-Common Counts (number) ATTACHMENTTO Complaint [:3 Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1- Plaintiff (name)? American Express National Bank f/k/a American Express Centurion Bank alieQeS that defendant (name): Venu Pathuri, an individual; Does l t0 20. became indebtedto plaintiff E other (name): a. D within the last four years (1) D on an open book account for money due‘ (2) E 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 [j two years four years (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) E] for work, iabor, services and materials rendered at the special instance and request 0f defendant and for which defendant promised to pay plaintiff.E the sum of $D the reasonable va|ue. (3) [j for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay piaintiffE the sum of $D the reasonable value‘ (4) for money lent by piaintiffto defendant at defendant's request. (5) E for money paid, laid out. and expended to or for defendant at defendant's special instance and request, (6) E other (specifil); CC-2. S 12,583.54 ,which is the reasonable vaiue, is due and unpaid despite plaintiff's demand, plus prejudgment interest E according to proof E at the rate of percent per year from (date): CC-3, [j Plaintiff is entitled to attorney fees by an agreement or a statute {:3 of$E accordingto proof‘ CC-4. D Other: Page 4 0f 8 Page 1 of1 Form Approved fur Oplronat Use _ Code of Cwn P{ocedure‘ § 425 12 Judtcral Councn of Cenfomia CAUSE OF ACTION common counts www coumnfo ca gov PLD-C-OOMZ) [Rev January 1, 2009] LexisA‘kxisE‘ Aurrmmied California erdlaul Comm? Farm EXHIBIT ”A" Blue Cash Everyday“) from American Express VENU PATHURI Ciosing Date 08/20/19 "New'B’a'luarnzce 7 H > $2,583.54 I Minimum Payment Due $2,902.00 Includes the past due amount of 32468800 ‘ ' Payment Due Date § Late Payment Warning: if we do not receive your Minimum Payment Due by the Payment Due Date of 09/1 4/19, you may have to pay a iate fee of up to $39.00 and your APR: may be increaxed to the Penalty APR of 299996. Minimum Payment Warning: Ef you make oniythe minimum payment each period, you will pay more in interest and it will take you longer to pay off your baiance. For exampte: i If you make n0 additional You wiil pay off the bafame And you wilt pay 3n ~ f charges and each month you shown 0n {hrs statement in eStimated total of... pay... about.” Oniy the Minimum Payment Due 2} Yea“ $281820 nif you would iike information about credit counzeiing service; caii 1-089-73341 39. “'1 See page 2 for important information about your account. Your account is canceHed.G} ‘\ {... Dié you km}??? You can use Man it to split up Iarge purchases and pay them off over time for a fixed monthiy fee and no interest. Pius, stiil earn rewards on Plan It purchase amounts. Terms apply. Visit :2mericaaex{aressxamfpayitpiaixit ~L Please fold 0n the perforation below, detach and return with yow paymenw p, 1/3 Account Ending 3008 Get cash back for eiigibie purchases when you use the Card. Fox more details about Rewards, piease visit amerétanexpressmom/cash bag kr'ewards 3 Accb'uhigfirhmary ' P{ewous Baiance S I 2,345.54 Payments/Credits -$O_OO New Charges +£0.00 Fees +$3L .00 Interest Charged +£0.00 ' New Balance $12,583.54 v f Minimum Payment Due $2,902.00 Credit Limit S I 1.00000 Avaiiabie Credit 50,00 Cash Advance Limit $0.00 Avafiabie Cash $0.00 Days m Billing Period: 32 Qasmmgigffiw Pay by Computer amencanexp:‘ess.comlpbc Customer Care Pay by Phone 1-8882583741 1800-4729297 l»: See Page 2 for additionai infoymation. Payment Coupen Pay by Computer Pay by Phone Account Endin 3008r 9Do not $tapie or use papey dips amer:canexpress.comfpbc VENU PATHURI SAN JOSE CA 9S1 32-1 471 D Check here if youraddress or AMERKAN EXPRESSphone number has changed. PO BOX 000} Note changes on reverse Side L05 ANGELES CA 90096-8000 18004729297 Enter 15 digit account é? on all payments. Make check payabie to American Expless. Payment Due Date 09/1 411 9 New Balance $12,583.54 Minimun‘x P3 ment Due 2,902.00 Amount Enclosed “i‘HHIII”illlllllfulIll|3IH[ll”[HHIISHHIUIIHIU‘I VENU PATHUR} Account Ending 3008 p, 2/3 Payments: Your payment must be sent t0 the payment addless shown on yew statement and must be received by 5 pvm ioca! time at mat addyess t0 be credited as ofthe day it is received Payments we receive after S pmv wii} not be credited to your Account until the next day. Payments must aiso: ET} indude the remittance coupon from your statement; (2) be made with a smgle (heck drawn on a US bank and payabie in US doiiars, 0r with a negotiabie instrument payable m US dollarg and dearable through the US banking system; and (3) indude your Account numbei. ifymn payment does not meet ail of the above requirements, crediting may be delayed and you may Sncm lam payment fees and additionai Interest charges Eiectronic payments mus: be made thiough an electronic payment method payable 1n US doltals and deambie thaough the US banking system. If we accept payment in a foreiqn currency, we wiil convert 1t into US doflars at a (onversxon rate that ts acceptabie to us. uniess a pamcuia; :aie is r’equn‘ed by iawv Péease do not Send post-dated Checks as they will be deposated upon ieceipt. Any restrictive ianguage on a paymenr we accept win have no effect 0n us Without our express prior written approval. 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