Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.April 1, 2021

ATTORNEY OR PARTY iNI TH OUT ATTORNEY (Name, State Bar number and address) Hunt & Hennques, Attorneys at Law Donald Shernll ¹266038 [ I Keri L. Salet¹318913 7017 Realm Dr. San Jose CA 95119 ~ELEPHoNE No (800) 630-2426 E-MAIL ADDRESS (OPfionai) ATTORNEY FOR (Name) Plaintiff FAx NO (Opl one() (408) 362-2299 PLA(Nl IFF. Bank of Amanca, N.A. SUPERIOR COURT OF CALIFORNIA, COLINTY OF SANTA CLARA STREET ADDRESS I gl North First Street MAILING ADDRESS GITY AND zip coDE San Jose CA B5113 BRANCH NAME santa Clara Supenor Court District PLD-C-001 FOR COURT USE ONL Y DEFENDANT MACARTHUR NGUYEN ~ DOES I TO ~ COMPLAINT CONTRACT~ All)IENDED COMPLAINT (Number)r H CROSS-COMPLAINT M All)IENDED CROSS-COMPLAINT (Number)r $36 101 82 OAsE NUMBER Jurisdiction (check all that apply):~ ACTION IS A LIIIIIITED CIVIL CASE Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000~ ACTION IS AN UNLIIIIIITED 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): MACARTHUR NGUYEN 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 (descnbe)( (3) QL] other (specify): A National Banking Association organized and existing under the laws of the United States of America and havtng its principal place of business in Charlotte, North Caroltna 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 all kcensing 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 (descnbe): (5) ~ other (specify)i (4) ~ a public entity (descnbe). (5) ~ other (specify): Form Approved for Optional use Judioal Counol of Catfornia PLDC-Oot (Rev Januarv I, 2001) 'tf this form is used as a cross-complaint, plaintiff means cross-compte nant and defendant means cross-defendant COMPLAINT-Contract IIIIIIII(III lllllllllllllllPllllllllllllll Page 1 of 2 Code of Civ I Procedure, 5 425 12 1413066.001 21CV381449 Electronically filed by Superior Court of CA, County of Santa Clara, on 4/1/2021 12:00 AM Reviewed By:D Harris Case #21CV381449 Env #6148112 SHORT TITLE. Bank of America, N.A. v. MACARTHUR NGUYEN CASE NUMBER PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknovrn to plaintiff. (1) ~ 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 defendanls who are natural persons is contained in Attachment 4c. d. M Defendants who are joined 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 apphcable claims statutes, or b. M is excused from complying because (specify): 6. W This action is subject to H Civil Code section 1812.10 2] Civil Code section 2984.4. 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. DQ 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 (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 aclion attached): Breach of Contract Common Counts Other (specify)r 9. CK 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 America 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. HH damages of; $36,101.82 b. DG interest on the damages (1) M according to the proof (2) QQ at the rate of (specify): 0.0000 percent per year from (date) J October 31, 2019 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify)r Date. March 19, 2021 fktpNATURE OF PLAINTIFF OR ATTORNEYI Keri L. Salet ¹318913 iTTPE OR PRINT NAMEI 11. QQ The paragraphs of this pleading alleged on information and behef are as fo ws (specify paragraph numbers) CC-1.a.(1), CC-1.a.(2), CC-2, CC-4.a., CC-4.b., CC-4.c., CC-4.d. ( 7 PLO-C-00I [Rev January I, 2007I (if you wish to verify this pleading, affix a verification.) COMPLAINT-Contract Page 2 of 2 1413066.001 SHORT TITLE: Bank of Amenca, N.A. v. MACARTHUR NGUYEN CASE NUMBER; PL D-C-001 (2) FIRST CAUSE OF ACTION-Common Counts fnumce l ATTACHMENT TO L)L) Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name). Bank of America, N.A. alleges that defendant (name): MACARTHUR NGUYEN became indebted to M plaintiff M other (name): a. M within the last four years (1) M on an open book account for money due. (2) [K because an account was stated in writing by and between plaintiff and defendant in which it was agreed thai defendant was indebted to plaintiff. b. ~ within the last ~ two years H four years (1) M for money had and received by defendant for the use and benefit of plaintiff. (2) ~ 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$ W 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) M other (specify): CC-2. $36,101.82 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof HH at the rate of 0 0000 percent per year from (date)f October 31, 2019 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H ot$ D according to proof. CC-4. EC 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 (nAgreement") governing use of the Account with plaintiff. b. Defendant breached the Agreement by failing to make penodic 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 $36,101.82, 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 bilhng disputes related to the Account. Form Approved for Optronel Ltae Judrmai Co ncl of Cairo ra PLD c-001(2) [Rev January 1, 200gl CAUSE OF ACTION-Common Counts Page Page 1 of 1 Corfe of 0 I Procedure 2 425 12 coum fr, ca gov 1413066.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Bank of America, N.A. v. MACARTHUR NGUYEN, 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: 1038 HAMILTON AVE, MILPITAS CA 95035-3526 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: March 19, 2021 Signature of Plaintiff's Attorney Hunt & Henriques 1413066.001