Complaint Limited Up to 10K

Cal. Super. - 6th Dist.May 3, 2021

E-FILED 5/3/2021 1:58 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381244 Reviewed By: L. Imasa 21CV381244 l _ ‘ PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Barnumnar, and address) The Moore Law Group, APC Adam Brumage (283 180) Maria Bradish (288384) Don Phan-Huy (309853) Ryota Isozaki (321040) Derrick Uhri (321 161) Jeremy Kimmelman (322958) Eric Marquez (331023)Karlie 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‘ (Optional): E-MAIL{ADDRESS (Opn'onal): ATTiORNEY FOR (Name): Plaintiff SUPIIERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara i STREET ADDRESS: 191 North First Street gwuuNGADDRESS: San Jose CA 951 13 pm AND znp cone: I BRANCH NAME: PLA'NT'FFZ Discover Bank DEFENDANT Nazli A Choudry E Does 1 To . ‘ I ACONTRACTm cOMPLAmT E AMENDED COMPLAINT (Number): fl CRosscOMpLAm-r E AMENDED caoss-COMPLAINT (Number): FOR COURTUSE ONLY Jurisdiction (check all that apply): fl' ACTION Is A lerrED CIVIL CASE ?Amount demanded % does not exceed $10.000exceeds $10,000 but does not exceed $25,000 E: ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) E‘ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint i5 from limited to unlimited CASE NUMBER E from unlimited to limited 1. Plaintiff' (name ornames): Discover Bank allleges causes of action against defendant‘ (name ornames): Nazli A Choudry l 2. Tfiis pleading, including attachments and éxhibits consiss of the following number of pages: 3. a. Each plaintiff named above ls a competent adultm except plaintiff (name): Discover Bank (1) Ea corporation qualified to do business m California (2) Dan unincorporated entity (describe): (3) mower (SPed’Y): Corporation b.E Plaintiff (name): b-a has complied with all licensing requirements as a licensed (specify): 4. 3.! Each defendant named above is a natural person 3 a. Ehas complied with the fictitious business name laws and'Is doing business under the fictitious name (specify). an: Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. lD except defendant (name): E except defendant (name): I (1) E a business organ'zation. fo_rm unknown (1)E a business organization. form unknown i (2)E a corporation ‘ (2)E a corporation ' i (3)E an unincorporated entity. (describe) (3)E an'unincorporated'entity (describe): g _‘ . #3 (4)E a public entity (describe): - " ' _(4)E a public entity (describe): (5) D other (specify); - (5)E other (specify): ~ ' If mis form is used as a omss-oomplalm, plaintiff means aoss-oomuainanl and defendant meats cmss-defendanl‘ Page 1 of z Code o! Civil Procedure. § 425.12 Fm“Mme" ’P'OP"°-"a' 5’59 COMPLAINT-Contract v . Judlctaicounumeahfomla PLD-C-001 [Rev. Jammy 1. 2007] Amen‘mn LegalNel. Inc. www,FonnsWorkflaw.com . ‘ ' ‘ PLD-CEOOT SHORT TITL ZE CASE NUMBER Discover Bank V. Nazli A ChoudIy 4. (Continued) b. The |true names of defendants 'sued as Does are unknown to plaintiff. (1)D Doe defendants (special Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2)D Doe dfeffendants (special Doe numbers): are persons whose capacities are unknown to plainti . c. E 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. E has complied with applicable claims statutes. or b. D is excused from complying because (special): 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. a defendant lived here when the contract was entered into. a defendant lives here now. the contract was to be performed here. a defendant is a corporation or unincorporated association and its principal place of business is here. real property that”Is the subject of this action'Is located here. other (specify): - DEDUEE 8. The follcwing causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): D Breach ofContract m Ciommon Counts E omenspeciry): 9. D Other allegations: r 10. Plaintiff prays forjudgmentfor costs of suit; for such relief as is fair. just and equitable, and for a. m damages of: $ 2725.28 b. fl intereston the damages. ' (HE accordingto proof: - ' I (2)E atthe rate of (speciiy): percentperyear from‘(date):~ c. U attorney's fees ** Plaintiffwaives attorney’s fees (1)D of: $ (2)D according to proof. d- m other (SPeCITY): Costs of suit and postjudgment interest according t0 statute. 11. D The paragraphs of this pleading alleged on information and belief are as follows (specw paragraph numbers). Adam Brumagc_ Maria Bradish' Don Phan-Huy Ryota Isozaki_ Derrick Uhri_ J-eremy Kimmelman mpe oR PRINT NAME) (sneNAmRE pwrmFF 0R ATTORNEY) ABfite.3 0 zuzfric Marquez: Karlie D. Sch-afer_ (Ifyou wish to verify this pleading, affix a verification ) wi“_ '- A PLDc~oov[Rev.lJantéryi.zoon - - COMPLAINT_contract Pagazovz 'bLDLc-oouz) SHORT TITLE: CASE NUMBER: Discove " Bank V. Nazli A Choudry FIRST CAUSE 0F ACTION---Common Counts (number) ATTACHMENTTO m Complaint E Cross-Complaint (Use a separate cause of actfon form for each cause ofaction.) cc-1. Plaintiff (name).- Discover Bank alleges that defendant (name): Nazli A Choudry became indebtedto m plaintiff D other (name): a. within the last four years (1) 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. E within the last E two years four years (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) E forwork, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.E the sum of $D the reasonable value. (3) E for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffU the sum of $ ,E the reasonable value. - (4) for money lent by plaintiff lo defendant at defendant's request. (5) m for money paid, laid out. and expended to or for defendant at defendant's special instance and request. (6) m other (specify): This cause of action relates to the Discover Bank credit card having account number XXXXXXXXXXXXSSSS. CC-2. $ 2725.28 . which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest D according to proof D at the rate of percent per year from (date): ' CC-3. D Plaintiffis entitled to attorriey fees by an agreement ora statute - l ‘ ~ - ( [j of$ ** Plaintiff waives attorney’s feesD according to proof. Oc-4. m Other. Costs of suit and postjudgment interest according to statute. Page PLD-GOOHZHRev. Jammy 1. 2009] ' ' w ' Pig. 1 0H FonnApproved Ioro nonal Use ‘ _c ' .» Code ofC' u Proced re. 425.12 v Judicial Coundloitplalifomia : CAUSE OF-ACTION , ommon counts www'wmtlllninIiIEgOV" Ameflwn LegalNet. Inc. www.ansWofldlownum