Complaint Limited Up to 10K

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

PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY LAWGFICESG PATENAUDE & FELIX, AP.C.WA Paterwde(#12%55)/ Sepf‘m'eJ. Boone(#1m182) Arg'e Horg I-ba'(#212152)/WW W1g1t(#27%53)/ Dem Karwaz (#KW) 9619 Chesapeake Drive, Suite 300, San Dego, CA92123 TELEPHONE No.: (858) 244-7600 FAX No. (Optional): (858) 836-0318 E-MAIL ADDRESS (Optional): Angie.Hoar@pandf.us _AflQRNELEQR_(Name)' PLAINTIFF Electronically filed SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA by Superior Court of CA 191 NO. FIRST STREETSTREET ADDRESS= County of Santa Clara . 191 No. FIRST STREET a CITY ST/EAQL/mgéggggz SANJOSE CA 95113 0n 5/3/2021 4:50 PM BRANCH NAME: SANTA CLARA CIVIL DIVISION Reviewed ByIAShley Mackenzie PLAINTIFF: TD BANK USA, N.A., AS SUCCESSOR IN INTEREST Case #21 CV381 271 TO TARGET NATIONAL BANK EnV #6366814 DEFENDANT(S): FATEMEH NOBAKHTI, g and DOES 1 through 15, inclusive CONTRACT g COMPLAINT D AMENDED COMPLAINT (Number): D CROSS-COMPLAINT D AMENDED CROSS-COMPLAINT (Number) Jurisdiction (check aII that apply): CASE NUMBER: g ACTION IS A LIMITED CIVIL CASE Amount demanded g does not exceed $10,000 21 CV381 271 D 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 H from limited to unlimited from unlimited to limited 1. Plaintiff* (name or names): TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK alleges causes of action against defendant(s)* (name or names): FATEMEH NOBAKHTI, and DOES 1 through 15, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3 3. a. Each plaintiff named above is a competent adult g except plaintiff (name): TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) g other (specify): a National Banking Association organized and existing under and by Virtue 0f the law 0f the United States 0fAmerica. b. D Plaintiff (name).- a. D has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. D has complied with all licensing requirements as a licensed (specify): c. D Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant(s) named above is a natural person D except defendant (name): D except defendant (name): (1)D a business organization, form unknown (1)D a business organization, form unknown (2)D a corporation (2)D a corporation (3)D an unincorporated entity (describe): (3)D an unincorporated entity (describe): (4)D a public entity (describe): (4)D a public entity (describe).- (5)D other (specify): (5)D other (specify): *lf this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of2 F°rm APP'OVed for Optima' U39 COMPLAINT-Contract Code of Civil Procedure, § 425.12 Judicial Council of California PLD-C-001 [Rev. January 1, 2007] CA_03 EFile Complaint Contract P&F File N0. 20-63373 PLD-C-001 SHORT TITLE: TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK CASE NUMBER: VS. FATEMEH NOBAKHTI, 4. (Continued) b. The true names of defendant(s) sued as Does are unknown to plaintiff. (1) D Doe defendant(s) (specify Doe numbers): were the agents or employees of the named defendant(s) and acted within the scope of that agency or employment. (2) X Doe defendant(s) (specify Doe numbers): 1 through 15 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 Defendant(s) who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6. D This action is subjectto D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant(s) entered into the contract here. b. D a defendant(s) lived here when the contract was entered into. c. g a defendant(s) lives here now. d. D the contract was to be performed here. e. D a defendant(s) is a corporation or unincorporated association and its principal place of business is here. f. D real property that is the subject of this action is located here. g. D other (specify): 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 Common Counts Other (specify): Refer t0 Other allegations in number 9 flflED Other allegations: Before commencement 0f this action, in those cases Where recovery 0f costs is dependent 0n such notices, Plaintiff informed the defendant(s) in writing it intended t0 file this action and that this action could result in a judgment against defendant(s) that would include court costs and necessary disbursements allowed by CCP Section 1033(b)(2). 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. X damages of:$l,219.08 b. D interestonthe damages (1) D accordingto proof (2) D at the rate of (specify): percent per year from (date): c. D attorney's fees (1) D of: (2) D according to proof. d. g other (specify): For such other relief as the Court deems just and fair. 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: April 08, 2021 [ ] RAYMOND A. PATENAUDE [ ] STEPHANIE J. BOONE [ ] ANGIE HONG HOAR [X] ROBERT w. WRIGHT f'u.‘ _~ - - ‘- [ ] DEAN KESHAVARZ ’ E}V (TYPE 0R PRINT NAME) (SIGNATURE OF PLAINTIFF 0R ATTORNEY) (Ifyou Wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2007] COMPLAINT_C°ntract Page 2 Of 2 CA_03 EFile Complaint Contract P&F File N0. 20-63373 PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK vs. FATEMEH NOBAKHTI, FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENT To ECompIaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK alleges that Defendant(s) (name): FATEMEH NOBAKHTI, became indebted to gplaintiff Bother (name): a. X within the last four years (1) D on an open book account for money due. (2) g 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. g within the last tho years gfour years (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor, services 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 sold and delivered to defendant and for which defendant promised to pay plaintiff D the sum of $ D the reasonable value. (4) D for money lent by plaintiff to defendant at defendant's request. (5) D for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) X other (specify): This cause 0f action is based upon account number XXXXXXXXXXXX0266 for the sum by which Defendant has been unjustly enriched by Virtue 0f Defendant receiving monetary 0r other benefit, by Defendant knowingly requesting the funds at issue and/or accepting the benefits bestowed. It is inequitable for Defendant t0 retain said benefits without repaying Plaintiff the value thereof. CC-2. $1 ,21 9.08, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest D according to proof D at the rate of percent per year from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute Dof$ D according to proof. CC-4. X Other: For such other and further relief as the Court deems just and fair. Page-P%ngT Form Approved for Optional Use CAUSE OF ACTION_c°mm°n Counts Code of Civil Procedures, § 425.12 Judicial Council of California PLD-C-001(2) [January 1, 2009] CA_05 EFile Common Counts P&F File N0. 20-63373