Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.May 4, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number end addmss) Hunt 8 Hennques, Attorneys at Law Donald Sherrill ¹266038 ) } Kevin Brendon Buiza ¹31 8691 7017 Realm Dr. San Jose CA 95119 TELEPHONE NO (800) 680-2426 E-MAIL ADDRESS (Optionag ATTORNEY FOR (Name) Plaintiff FAx No (optional) (408) 362-2299 PLAINTIFF: Bank of Amenca, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAILING ADDFIESS ciTY AND zip coDE San Jose CA 95113 BRANCH NAME Downtown Superior Court PL D-C-001 FOR COURT USE ONLY DEFENDANT: JAZET MENJIVAR M DOES I TO ~ COMPLAINT CONTRACT~ All)IENDED COMPLAINT (Number)r H CROSS-COMPLAINT M AMENDED CROSS-COMPLAINT (Number)( $10 187 60 CASE NUMBER Jurisdiction (check all that app/y): QE ACTION IS A LIIIIIITED CIVIL CASE Amount demanded ~ does not exceed $10,000 DE 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): Bank of America, N.A. alleges causes of action against defendant* (name or names): JAZET MENJIVAR 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): Bank of America, N.A. (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (descrlbe): (3) DE other (specify): A National Banking Association organized and existing under the laws of the United States of America and having its principal place of business in Charlotte, North Carolina b. ~ Plaintiff (name): a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name of (specffy): except defendant (name): (1) ~ a business organization, form unknown (2) M a corporation (3) ~ an unincorporated entity (describe): b. ~ has complied with all licensing requirements as a licensed (specily): 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 (describe): (5) M other (specily): (4) ~ a pubhc entity (describe): (5) ~ other (specify): Form Approved for Optional Use Jud c el Council of Cal fornia 'll th s form is used as a cross-complaint, plaintiff means cross-compte nant and defendant means cross-defendant COMPLAINT-Contract IIIININIIIIII IMIHllllllNIIIIIII NH Page I of 2 Code of evil Procedure, 9 425 12 1452413.001 21CV381397 Electronically filed by Superior Court of CA, County of Santa Clara, on 5/4/2021 4:04 PM Reviewed By:R. Guillermo Case #21CV381397 Env #6375602 sHQRT TITLE Bank of America, N A v JAZET MENJIVAR CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) M Doe defendants (specify 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. M Defendants who are joined under Code of Cwil Procedure section 382 are (names)r 5. C3 Plaintiff is required to comply with a claims statute, and a. M has compked with applicable claims statutes, or b. M is excused from complying because (specify): 6. HThisactionissublectto C] CivilCodesection1812.10 W 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. [jE 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 (speciiy): 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)r 9. DE Other allegations: Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A. ("FIA"), formerly known as MBNA Amenca Bank, N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1, 2014. 10. plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. ~ damages of: $10,187 60 b. ~ interest on the damages (1) ~ according to the proof (2) ~ at the rate of (specify)r 0.0000 percent per year from (dale): September 30, 2020 c. ~ attorney's fees (1) Hof: $ (2) ~ according to proof. d. ~ other (specify): 11. QQ The paragraphs of this pleading alleged on information and belief are as follows (speciiy paragraph numbers): CC-1.a. (1), CC-1.a. (2), CC-2, CC-4.a., CC-4 b., CC-4.c., CC-4.d. Date: April 28, 2021 Kevin Brendon Buiza ¹318691 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (if you wish fo verify this pleading, affix a venficafion.) PLO-C-001 [Re January I, 20071 COMPLAINT-Contract Page 2 of 2 1 45241 3.001 SHORT TITLE: Bank of America, N.A. v. JAZET MENJIVAR CASE NUMBER: PLD-C-001(2) FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO W Complaint M Cross - Complaint (Vse a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Bank of America, N.A. alleges that defendant (name): JAZET MENJIVAR became indebted to DU plaintiff M other (name): a. (JLj within the last four years (1) QQ on an open book account for money due. (2) C}Lj 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. H within the last M two years H four years (1) ~ 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 $ M the reasonable value. (4) M for money lent by plaintiff to 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) ~ other (specify): CC-2, $ 10,187.60 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof DG at the rate of 0 0000 percent per year from (dafeh September 30, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H of$ according to proof. CC-4. M Other: a. Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the "Account"). Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement (uAgreement") governing use of the Account with Plaintiff. b. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. c. The current Account balance is $10,167.60, which includes any applicable payments and credits. The Account is not accruing post charge-off interest. d. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. Page Page t of f Fomi Approved for Optional Uae JuCidal Coundl of Califor a pro-c-col igf Inev January t, godel CAUSE OF ACTION-Common Counts Code of Civil Procedure 0 425 l 2 www coumnfo ca gov 1452413.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONIVENUE CASE NAME: Bank of America, N.A. v. JAZET MENJIVAR, 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: 4747 SNOW DR, SAN JOSE CA 95111-2681 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 28, 2021 Signature of Plaintiff's Attorney Hunt 8 Henriques 1 45241 3. 001