Complaint Limited Up to 10K

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale Bar number and address( Hunt & Henriques, Attorneys at Law Donald Sherrill ¹266038 I I Adam Kidd ¹328520 7017 Realm Dr San Jose CA 95119 TELEPHONE No (800) 680-2426 E-MAIL ADDRESS (OPfionali ATTORNEY FOR (Name( Plaintiff FAx NO (Oplional) (408) 362-2299 STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND zip GQDE San Jose CA U5113 BRANcH NAME Downtown superior court PLAINTIFF: TD BANK USA, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONLY DEFENDANT DEANNA CERVANTES ~ DOES I TO IX'OMPLAINT CONTRACT~ All(IENDED COMPLAINT (Number)( H CROSS-COMPLAINT M Atl(IENDED CROSS-COMPLAINT (Number)7 $1,043.08 CASE NUMBER Jurisdiction (check ail that apply): DE 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 (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): TD BANK USA, N.A. alleges causes of action against def ndant* (name or names): DEANNA CERVANTES 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. a. Each plaintiff named aoove 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) DQ other (speciiy)( 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): except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): b. M has compked with all 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 busines organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) C3 other (specify): (4) ~ a public entity (describe): (5) ~ other (specify): Form Approved for Optional Use Judiaal Counal of California PLD-C OOI [Rev January I, 2007] *If this form is used as a cross-compla nt, plaintiff means cross-complanant and defendant means cmss-defendant COMPLAINT-Contract Mllllllllllll518IIIIIBIIIIIIP IIIIINIIII Page I cr2 Code of Ceil Procedure, li 425 12 1445856.001 E-FILED 5/4/2021 4:04 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381508 Reviewed By: L. Imasa 21CV381508 SHORT TITLE: TD BANK USA, N.A. v DEANNA CERVANTES CASE NUMBER: PLD-C-001 4. (Continued) b. The true names of defendants sued as Does are unknown 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. H Irformation 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. HThisactionlssubjectto H CivilCodesection1812.10 H 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. DU adef ndant 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 action attached): Breach of Contract Common Counts Other (specify): 9. ~ Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable, and for a. DE damages of: $1,043.08 b. C}Q interest on the damages (1 j ~ according to the proof (2) [jQ at the rate of (specify): 0.0000 percent per year from (date): December 11, 2020 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (specify): 11. CjQ 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 Adam Kidd ¹328520 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR AffORNE Yl (if you wish fo verify this pleading, affix a verification.) PL C-c-00 I IRe7 January I, 2007l COMPLAINT-Contract Page 2 of 2 1445856.001 SHORT TITLE: TD BANK USA, N.A. v. DEANNA CERVANTES CASE NUMBER: PL D-C-001(2) FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO [K Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name) J TD BANK USA, N.A. alleges that defendant (name)J DEANNA CERVANTES became indebted to DG plaintiff M other (name): a. CE within the (1) HD 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. [K within the (1) (2) D (3) (4) ()Lj (6) [ ] last M two years [)Lj four years for money had and received by defendant for the use and benefit of plaintiff. 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. for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay olaintiff M the sum of $ M the reasonable value. for moriey 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. $1,043.08 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest M according to proof HE at the rate of 0 0000 percent per year from (date): December 11, 2020 CC-3, M Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. M Other: Form Approved for Opt onal uee Judioaf Counol of California PLD-C-00)(2)(nev January 1 2009) CAUSE OF ACTION-Common Counts Page Page 1 of 1 Code of 0 v I prooedure, 0 425 12 www coun iilo oa gov 1 445856.001 SUPERIOR COURT OF CAI IFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONIVENUE CASE NAME: TD BANK USA, N.A. v. DEANNA CERVANTES 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: 4200 THE WOODS DR APT 1113, SAN JOSE CA 95136-2246 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 8 Henriques 1445856.001