Complaint Limited Up to 10K

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

E-FILED 5/3/2021 4:13 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381356 Reviewed By: K. Himes 21CV381356 __ _. _ A _ 7 PLD-c-oo1 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Nam, searsBarnum and address).- The Moore Law Group, APC, FOR COURT USE ONLY Maria Bradish (288384) Adam Brumage (283180) Don Phan-Huy (309853) Ryota Isozaki > (321040) Derrick Uhri (321 161) Jeremy Kimmelman (322958) Eric Marquez (33 1023) Karlie D. Schafer (331884) P.O. Box 25 145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 . TELEPHONE No. 8006062652 r FAX No. (Oprmnal): E-MAIL ADDRESS (Optimal): ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET Appms; 191 North FiISt Sfl’eet ' MNLWGADDRESS: San Jose CA 951 13 cm AND 2.; CODE. Santa Clara County - San Jose Courthouse BRANCH NAME: PWNT'FF: JPMorgan Chase Bank, N.A. DEFENDANT: ELTON 0 LEE ' E Does 1 To . CONTRACT ‘ - _ _m COMPLAINT E AMENDED cOMPLAINT (Number): ' E cRosscow‘pLAm-r E AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply):m ACTION IS A LIMITED CIVIL CASE Amount demanded m docs not exceed $1 0.000E exceeds $10,000 but does not exceed $25,000D ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000) IE ACTION IS RECLASSIFIED by this amended complaint or cross-complaint Efrem limited to unlimitedD from unlimited to limited CASE NUMBER 1. Plaintiff (name or names): JPMorgan Chase Bank N.A_ alleges causes of action against defendant‘ (name or names): ELTON O LEE 2. This pleading. including attachments and exhibits. consiss of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adult rm except Plaintiff (name)? JPMorgan Chase Bank, N.A. (1) Ea corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) mother (SPGGW): National Bank organized under Federal Law b.E Plaintiff (name): ‘ . _ , . _ n » . - a. [jhas complied with the fictitious business name laws‘and is doing business under the fictitious name (specify): b-E has complied with all licensing requirements as a licensed (specify): c.E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person - E except defenda nt (name): E except defendant (name): (1) E a businessrorgan'zation. form unknown (1)E a business organization. form unknown (2)E a corporation ._ . _ t (2)E a corporation . - {3)E an unincorporated eritity (describe): ' ' (3)E an‘unincorporated efijity (describe): (4)E a public entity (describe): (4)E a' public entity (describe): I (5) E other (specify): , ' (5)E other (specify): ' I! Ihis form is used as a aus-oon-mlainl, plaintiff means a‘oss-oomplairanl and defendant means cross-defendam. Judicial Coundl 0f WifWTB Farm Approved rampuonal Use ‘ COMPLAINT-Contract Code or oivn Procedure. § 425.12 PlD-(‘rom [Rem Jammy 1. 2007] Amefimn LagalNel. lnc. - www.FormsWatkflawsom PLD-C-001 SHORT TITLE: CASE NUMBER JPMorgan Chase Bank, N.A. V. ELTON O LEE 4. (Continued) r b. The true names of defendants sued as Does are unknown to plaintiff. (1)E Doe defendants (specifi/ Doe numbers): were lhe agents or employees of the named defendants and acted within the scope of that agency or employment. (2)D Doe defendants (speciW Doe numbers): 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, E 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 (specifil): 6. E 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. b. E a defendant lived here when the contract was entered into. c, m a defendant lives here now. I d. E the contract was to be performed here. e. D a defendant is a corporation or unincorpomted association and its principal place of business is here. f. D real property that'ls the subject of this action'Is located here g. D other (speCIM: 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): E Breach ofContract w Common Counts E Other(specim: 9. E Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair. just. and equitable; and for a. E damages of. $ 5774.85 b. D intereston the damages * 1 ' t' ‘ _ _‘ ' (1)D according to proof P_ am 1ff walves post charge offpre Judgment Interest (2)E at the rate of (specify): i percent per year from (date): G D attorney's fw‘ *Plaintiff waives attomey’s fees (1)E of: $ (2)E according to proof. d. E other {specifilx 11. D The paragraphs of this pleading alleged on information and belief are as follows (specifi/ paragraph numbers): ' Maria adish Adam Brumage_ Don Phan- v _Huy_ Ryota Isozaki__ Derrick Uhri Date: ’ Jeremy Kimmelman__ Eric Marquez_-Karlie r WD. Schafer'MAYE -12021. - * (TYPE OR PRINT NAME) v (SIGNATURE 0F PLAINTIFF OR ATTORNEY) (Ifyou wish to verify this pleading, affix a verification.) PLD’C’OU‘ [Rem Jammy 1‘ 2007] _ ' ‘ coMPLA'NT-contl’act = - . Pan: 2 of! PLD-C-oo1(2) SHORT TlTLaJPMorgan Chase Bank, N.A. V. ELTON O LEE ‘ CASE NUMBER: FIRST CAUSE OF ACTION---Common Counts (number) ATTACHMENT TO m Complaint D Cross-Complaint (Use a separate cause of action form for each cause ofaction.) 001. Plaintiff (name): JPMorgan Chase Bank, N.A. alleges that defendant (name): ELTON O LEE becameindebtedto E plaintiff E other (name): a. within the 'Iast four years - ' (1) on an open book account for money due. (2) m because an account was stated in wn'ting by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. -E within the last D two years m four years (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor, servicw and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. [j the sum of $E the reasonable value. (3) D for goods. wares. and merchandise soki and delivered to defendant and for which defendant promised to pay plaintifiE the sum of $D the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) E for money paid, laid out, and expended to or for defendant at defendant's sp_ec'al instance and request. (6) m other (specify): This cause of action relates to the JPMorgan Chase Bank, N.A. credit card issued by Plaintiffhaving account number XXX)O(XXXXXXX3242. CC-2. $‘ 5774.85 ,which is the reasonable value, is due and unpaid despite plaintiffs demnd, plus prejudgment interest E according to proof D at the rate of percent per year from (date): *Plaintiffwaives post charge-off pre-judgment interest CC-3. E Plaintiff is entitled to aftofney fees by an agreement or a statuteD of s *Plamtlff walves attorney’s feesD according to proof. CC-4. E Other: Page Pagl 1 of 1 F [010 ' llaIUse Code YC' ‘IPmoed re. 425.12 Emma] Com“dgfim CAUSE OF ACTION-Common Counts ° "'ngnmg‘mw PLD-C-OO1(2)[Rev. Jammy 1, 2009] Amenmn LegalNet, Inc wwaomszkflowpom