Complaint Limited Up to 10KCal. Super. - 6th Dist.May 4, 2021ATTORN. Y OR PARTY WITHOUT ATTORNEY (Name. State Ber number, end eddrem( Hunt & Henriques, Attorneys at Law Donald Shernll ¹266038 ~ ~ Adam Kidd ¹328520 7017 Realm Dr. San Jose CA 95119 TELEPHONE No (800) 680-2426 E-MAIL ADDRESS (Opeonall ATTQRNEY FQR (Iuamef Plaintiff FAX No (Opfonalf (408) 362-2299 STREET ADDRESS 191 North First Street MAILING ADDRESS clTY AND zip coDE San Jose CA 95113 BRANDH NAME. Downtown Superior Court PLAINJ IFF TD BANK USA, N A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLD-C-001 FOR COURT USE ONLY DEFENDANT A ANDRADEGARCIA AKA ALEJANDRA ANDRADE M DOES I TO HE COMPLAINT CONTRACT All(IENDED COMPLAINT (Number)( H CROSS-COMPLAINT H Ati(IENDED CROSS-COMPLAINT (Number)( $3 681 92 CASE NUMBER 1. Plaintiffs (name or names): TD BANK USA, N.A. Jurisdiction (check all that apply): DQ 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 UNLffi(IITED 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'nsme or names): A ANDRADEGARCIA AKA ALEJANDRA ANDRADE 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. a. Each plaintiff named above is 3 competent adult ~X except plaintiff (name)( TD BANK USA, N.A. (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (descnbe): (3) DE 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): except defendant (name): (1) H a business orgE.".I'zation, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): b. ~ has complied with all licensing requirements as a licensed (specify): c. ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3c, a. Each defendant named above is a natural person~ except defendant (name): (1) ~ a business organiz"lion, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (specify): Form Approved for Optional Use Judiaal Counai of Califo n a "If this fo m s used as a cross-mmplaint, piaintiff means cross-complainant and defendant means cross-defendant COMPLAINT-Contract IIHISIIIIIIIIIIIIIIIIIIIIIIINIIII IIII Page I of 2 Code of Cm I Procedure, lf 425 12 1446946.001 E-FILED 5/4/2021 4:05 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381518 Reviewed By: L. Imasa 21CV381518 SHORT TITLE TD BANK L)SA, N.A. v. A ANDRADEGARCIA AKA ALEJANDRA ANDRADE 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. M Information about additional defendants who are natural persons contained in Attachment 4c. d. M Defendants who are loined under Code of Civil Procedure section 382 are (names)i 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. 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): 0. 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 DE 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. HU damages of: $3,681.92 b. DE interest on the damages (1) ~ according to the proof (2) [jQ at the rate of (specify): 0.0000 percent per year from (dale): December 17, 2020 c. ~ attorney's fees (1) ~of: $ (2) ~ according to proof. d. ~ other (spemfy); Adam Kidd ¹328520 11. ~ The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): CC-l.a. (1), CC-1 .a. (2), CC-l.b. (4), CC-1 .b. (5) Date: April 20, 2021 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (ff you wish fo verily this pleading, affix a venficalion.) PLO-C-OOI [Reu January I, 2007] COllllPLAINT-Contract Page 2 of 2 1446946.001 SHORT TITLE: TD BANK USA, N.A. v, A ANDRADEGARCIA AKA ALEJANDRA ANDRADE CASE NUMBER: PLD-C-001(2) FIRST (nu Per) CAUSE OF ACTION-Common Counts ATTACHMENT TO (JL) 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)f A ANDRADEGARCIA AKA ALEJANDRA ANDRADE became indebted to DO plaintiff M other (name)f a. [JL) within the (2) QU 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. [JLj within the (1) H (2) (3) Cl (4) M (6) last M two years QLj 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. C3 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. $3,681.92 , which i's lhe reasonable value, is due and unpaid despite plaintiff's demand, plus preludgment interest M according to proof D(j at the rate of 0.0000 percent per year from (date)f December 1 7, 2020 CC-3. M Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. M Other: Page Page 1 of 1 Form Hpproved for Optional Uee Jud oal Counaf of Caefomia PLC-0-Opt(pl IRe January 1, 20001 CAUSE OF ACTION-Common Counts Code of Civil Procedure, 0 425 12 www couninfo ca pov 1446946.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: TD BANK USA, N.A. v. A ANDRADEGARCIA AKA ALEJANDRA ANDRADE 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: 88 BASCH AVE, SAN JOSE CA 95116-1311 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. ,:(jt/IA'~::.~If'ignature of Plaintiff's Attorney Hunt & Henriques 1446946.001