Complaint Limited Up to 10K

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

ATTORNEY OR PARTY WITHOUT ATTC RNEY )Name, Sfafe Sar nirmber and address) Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 I ( Adam Kidd ¹328520 7017 Realm Dr. San Jose CA 95119 TELEPHONE NO (800) 680-2426 E-MAIL ADDRESS (OPtronsr) ATTORNEY FOR fName) Plaintiff FAX NO foptional) (408) 362-2299 STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND zip CODE San Jose CA 95113 BRANGH NAME Downtown Supenor Court PLAINTIFF TD BANK USA, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONLY DEFENDANT LHEA JEZELLE SADSAD ~ DOES I TO M COIIIIPLAINT CONTRACT AMENDED COMPLAINT (Number)r H CROSS-COIIIIPLAINT H AMENDED CROSS-COMPLAINT (Number)f $2 749 58 CASE NUMBER 1. Plaintiff* (name or names): TD BANK USA, N.A. Jurisdiction (check all that apply)f DQ ACTION IS A Llli)IITED CIVIL CASE Amount demanded M does not exceed $10,000~ 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 alleges causes of action against defendant* (name or names): LHEA JEZELLE SADSAD 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)) TD BANK USA, N.A. (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) QQ other (specify)) A National Banking Assofxation organized and existing under and by virtue of the laws of the United States of America b. ~ Plaintiff (name): a. ~ has compked with the fictitious business name laws and is doing business under the fictitious name of (specify): except defendant (name): (1) ~ a I usiness organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): b. ~ has complied with all licensing requirements as a licensed (spec)+): 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) ~ other (specily): (4) ~ a pubkc entity (describe): (5) ~ other (specify): Form Approved for Optional Use Judiaal Counai of California 'll this form s used as a cross.complaint, plaint ff means cross-complainant snd defendant means cross-defendant COMPLAINT-Contract INIIIlllllllllllllllllNIIIIHIIIIIIIIIII Page I of 2 Code of Civ I Procedure, 1 425 12 1441629.001 E-FILED 5/4/2021 4:04 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381496 Reviewed By: L. Imasa 21CV381496 SHORT TITLE TD BANK USA, N.A. v. LHEA JEZELLE SADSAD 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 capamties 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 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. HThfsactionissubjectto H Civi)Codesection1812.10 H Civi)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. DQ a defendant lives here now. d. ~ the contract was to be performedhere. 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 action attached): Breach of Contract DU Common Counts Other (specify): 9. ~ Other allegations: 10. Plaintiff prays for )udgment for costs of suit; for such relief as is fair, just, and equitable; and for a. DE damages of: $2,749.58 b. C}U interest on the damages (1) ~ according to the proof (2) [jQ at the rate of (specify): 0.0000 percent per year from (date): November 17, 2020 c. ~ attorney's fees (1) Hof: $ (2) ~ according to proof. d. ~ other (specify)I Adam K;dd ¹328520 11. DQ 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 20, 2021 ~98)'TYPE OR PRINT NAME) iS,GNATURE OF PLAINTIFF OR ATTORNEY) (Ifyou wish fo ver(f) this pleading, affix a verification.) PLC-C-001 lReu Januanf I, 2007) COIIIIPLAINT-Contract Page 2 of 2 1441629.001 SHORT TITLE: TD BANK USA, N.A. v. LHEA JEZELLE SADSAD CASE NUMBER: PLD-C-001(2) FIRST (numberi CAUSE OF ACTION-Common Counts ATTACHMENT TO W Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name)f TD BANK USA, N.A. alleges that defendant (name): LHEA JEZELLE SADSAD became indebted to EK plaintiff M other (name): a. [K within the (I) DD 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 it was agreed that defendant was indebted to plaintiff. b. QLj within the (1) H (2) D (3) (4) DE (5) tJLj (6) H last D two years [K fouryears 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 $ M 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 $ M 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)f CC-2. $2,749.58 , which ts the reasonable value, is due and unpa'd despite plaintiff's demand, plus prejudgment interest M according to proof (JL) at the rate of 0.0000 percent per year from (date)t November 17, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute H of$ according to proof. CC-4. M Other: Page Page 1 at 1 Form Aggro ed for Opt onal uee Jud c al Counal ot California PLC-C 001i2i tAeu Januart 1, 2009l CAUSE OF ACTION-Common Counts Code of Qnl Procedure, 9 4"5 12 www court nfo ca go 1441629.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: TD BANK USA, N.A. v. LHEA JEZELLE SADSAD 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: 5679 HOFFMAN CT APT 3, SAN JOSE CA 95118-3169 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 20, 2021 Signature of Plaintiff's Attorney Hunt & Henriques 1441629.001