Complaint Limited Up to 10K

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number and address) Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 ) I Keri L. Salet ¹318913 7017 Realm Dr San Jose CA 95119 TELEPHONE No (800) 680-2426 E-MAIL ADDRESS (Optional( ATTORNEY FOR (Name( Plaintiff FAX NO (Opliona'll (408) 362-2299 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAILING ADDRESS DITY AND zip CDDE San Jose CA 95113 BRANCH NAME Downtown Supenor Coun PLAINTIFF. Capital One Bank (USA), N.A. PLD-C-001 FOR COUNT USE ONLY DEFENDANT: RAYMOND MARTINEZ ~ DOES I TD C2E COMPLAINT CONTRACT~ Alt(IENDED COMPLAINT (Number)( W CROSS-COMPLAINT C] AMENDED CROSS-COMPLAINT (Number)( $2 333 84 CASE NUMBER Jurisdiction (check all that apply): CE ACTION IS A Lffl(IITED 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 1. Plaintiff* (name or names): Capital One Bank (USA), N.A. alleges causes of action against defendant* (name or names): RAYMOND MARTINEZ 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): Capital One Bank (USA), N.A. (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe)( (3) ~ other (specify)( A National Banking Association organized and existing under and by virtue of the laws of the United States of Amenca b. ~ Plaintiff (name): a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe); b. ~ has complied with ail 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 (deschbe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (speciiy): Form Appro ed fo Opt onal Use Judiaal Counal of California If this form is used as a cross-compla nt, plaintiff means cross-complainant and defendant means cross-defendant COMPLAINT-Contract NNI NININIINIIIIINIIIININNINIIIINNIII Page I of 2 Code of Civd Procedure, 9 425 12 1412267.001 Electronically filed by Superior Court of CA, County of Santa Clara, on 4/30/2021 3:03 PM Reviewed By:R. Guillermo Case #21CV381257 Env #6355642 21CV381257 SHORT TITLE Capital One Bank (USA), N.A v. RAYMOND MARTINEZ CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) ~ Doe defendants (speclly 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. C3 Defendants who are loined 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. HThisactionissubiectto H Civil Codesection1812.10 C] Civil Codesection2984.4. 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. ~ 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 (speclly): 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 EK Common Counts Other (specffy)i 9. ~ Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. HE damages of: $2,333.84 b. ~ interest on the damages (1) ~ according to the proof (2) DQ at the rate of (specify)i 0.0000 percent per year from (date): December 23, 2019 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof d. ~ other (specify): 11. ~ The paragraphs of this pleading alleged on information and behef are as follows (speclfy paragraph numbers): CC-1.a. (1), CC-1.a. (2), CC-1.b. (4), CC-1.b. (5) Date: Apnl 23, 2021 Keri L. Salet 2318913 ITYPE OR PRINT NAMEI tgIGNATURE OF PLAINTIFF OR ATTORNEYI (ff you wish fo verify this pleading, affix a verification.) COMPLAINT-ContractPLO-C-OOI[Reu January I, 200TI Page 2 of 2 1412267.001 SHORT TITLE: Capital One Bank (USA), N.A. v. RAYMOND MARTINEZ CASE NUMBER: PLD-C-001(2) FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO QC] Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Capital One Bank (USA), N.A. alleges that defendant (name)f RAYMOND MARTINEZ became indebted to M plaintiff M other (name)f a. K] within the last four years (1) ~ on an open book account for money due. (2) Kl 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. QQ within the last M two years [X] four years (1) M for money had and received by defendant for the use and benefit of plaintiff. (2) M 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. (3) ~ for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff M the sum of $ E3 the reasonable value. (4) K] for money lent by plaintiff to defendant at defendant's request (5) DQ for money paid, laid out, and expended to or for defendant at defendant's special inslance and request. (6) ~ other (speciiy): CC-2. $2,333.84 , which is Ihe reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof QQ at the rate of 0.0000 percent per year from (date): December 23, 2019 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute C] of$ according to proof. CC-4. M Other: Page Page f of 4 Form Approved for Optional Uee Judicmi Counol of Califo n a PLD-0-00( (2) [Rev Januarr l, 2009) CAUSE OF ACTION-Common Counts Code of C vil Procedure, 0 425 12 www coumnfo ca gov 1412267.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Capital One Bank (USA), N.A. v. RAYMOND MARTINEZ, 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: 3414 TIMBERLAKE AVE, SAN JOSE CA 95148-2150 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 23, 2021 Signature of Plaintiff's Attorney Hunt & Henriques 1412267.001