Complaint Limited Up to 10K

Cal. Super. - 6th Dist.May 5, 2021

ATTORNEY OR PARTY wlTHOUT ATI ORNEY (Name, Stare Sar number, and address) Hunt & Henriques, Attorneys at Law Dona!d Sherrill ¹266038 ) ~ Keri L. Salet ¹318913 7017 Realm Dr San Jose CA 95119 TELEPHONE No (800) 680-2426 E-MAIL ADDRESS (Opaoneli ATTORNEY FOR (Name) Plaintiff FAx No (oplcnsll (408) 362-2299 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDREss 191 North First Stl'aet MAILING ADDRESS CITY AND ztp ODDE San Jose CA 95113 BRANGH NAME Downtown Supenor Court PLAINTIFF Capital One Bank (USA), N.A. PLD-C-001 FOR COURT USE ONLY DEFENDANT. CATHLEEN D FREED ~ DOES I TO DG COMPLAINT CONTRACT~ AMENDED COII(IPLAINT (Number)J M CROSS-COMPLAINT W AMENDED CROSS-COMPLAINT (Number)( $5 742 63 CASE NUMBER 1. Plaintiff* (name or names): Capital One Bank (USA), N.A. Jurisdiction (check sll that app/y):~ ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000~ ACTION IS AN UNLIMITED CIVIL CASE (exceede $25,000)~ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint~ from limited to unlimited~ from unlimited to limited alleges causes of action against defendant* (name or names): CATHLEEN D FREED 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) C}Ll other (specify)( A National Banking Association organized and existing under and by virtue of the laws of the United States of America b. ~ Plaintiff (name): a. ~ has complied with the fictitious business name laws and is doing business under the fictitious name of (specify)l 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 (descnbe): (5) ~ other (specify): (4) ~ a pubhc entity (describe): (5) ~ other (specify): Form Approved for Opt onal Use Ju din at Cnunc I of Cal forn a PLD~OI (Rev January I 200yl 'll this form e used as a cross-complaint, pia nt ff means cross-compte nant and defendant means cross-defendant COI!(IPLAINT-Contract I IIIIIIIIII IIIIIIIIIII IIIIIIIIIIIIII Page 1 of 2 Code of C v I Procedure, 9 42s 12 1453755.001 E-FILED 5/5/2021 11:16 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381480 Reviewed By: R. Cachux 21CV381480 SHORT T(TLE Capital One Bank (USA), N.A. v. CATHLEEN D FREED CASE NUMSER 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 ~ Informabon about additional defendants 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 applicable claims statutes, or b. M is excused from complying because (specify): 6. M This action is subject to H Civil Code section 1812.10 H 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, ~ a defendant lives here now. d. ~ the contract was to be performed here. e. ~ a defendant is a corporation or unincorporated association and its pnncipat place of business is here. f. ~ real property that is the sublect 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 compiaint must have one or more causes of action attached): Breach of Contract QQ Common Counls Other (specify): 9. ~ Other allegations: 10. Plaintiff prays forludgment for costs of suit; for such rekef as is fair, lust, and equitable; and for a. ~ damages of: $5,742.63 b. ~ interest on the damages (1) ~ according to the proof (2) ~ at the rate of (specify): 0,0000 percent per year from (date): February 19, 2020 c. ~ attorney's fees (1) M of: $ (2) ~ according to proof. d. ~ other (speciiy): 11. ~ The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): CC-1 a.(1), CC-1.a.(2), CC-1.b.(4), CC-1.b.(5) Date; April 29, 2021 7 Keri L. Salet ¹31 8913 (TYPE OR PRINT NAME) (¹ISNATURE OF PLAINTIFF OR ATTORNEY) (If you wish io verify this pleading, affix a veniication.) COMPLAINT-ContractPLC-c-00I lne Ja aae I, 2007) Paae2ef2 1453755.001 SHORT TITLE: Capital One Bank (USA), N.A. v. CATHLEEN D FREED CASE NUMBER: PL D-C-001 (2) FIRST (number( CAUSE OF ACTION-Common Counts ATTACHMENT TO M Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plainliff (name): Capital One Bank (USA), N.A. alleges that defendant (name): CATHLEEN D FREED became indebted to EE plaintiff M other (name)f a. QE within the (2) EE last four years on an open book account for money due. because an account was stated in writing by and between plaintiff and defendant in which i( was agreed that defendant was indebted to plaintiff. b. M within the (1) (2) D (3) Cl (4) M (5) M (6) last ~ two years M four years for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and matenals rendered at the speoal instance and request of defendant and for which defendant promised to pay plaintiff. M the sum of $ C3 the reasonable value. for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff M the sum of $ C3 the reasonable value. for money lent by plaintiff to defendant at defendant's request for money paid, laid out, and expended to or for defendant at defendant's special instance and request. other (specify)( CC-2. $5,742.63 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof M at the rate of 0 0000 percent per year from (date)f February 19, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute C] of$ according to proof. CC-4. M Other: Page Pagel of 1 Form Appro ed for oplronal Uee Judroal Counol of Calrforn a PLO-C-001(2( (Reu Januarr 1, 2009( CAUSE OF ACTION-Common Counts Code of C wl Procedure, 0 420 12 www courtrnfo ca gor 1 453755.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Capital One Bank (USA), N.A. v. CATHLEEN D FREED, 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 (or nearest major intersection) Zip Code 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: APT 247 334 SANTANA ROW, SAN JOSE CA 95128-2020 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 29, 2021 gig ig rPI i tiff'tl5 ey Hunt & Henriques 1453755.001