ComplaintCal. Super. - 3rd Dist.July 31, 2017 11070026 2017051015:55 PATENAUDE & FELIX (858) 836-0. ge 3 of 19 ee PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY LAW OFFICES OF PATENAUDE & FELIX, A.P.C. Michael R. Boulanger, (#226294) / Michael D. Kahn, (#236898) / Stephanie J. Boone, (#160182) Jeffrey W. Speights (#265206) / Jessica F. Flynn, (#270304) 4545 Murphy Canyon Road, 3rd Floor, San Diego, CA 92123 TELEPHONE NO.: (858) 244-7600 FAX NO. (Optional): (858) 836-0318 E-MAIL ADDRESS (Optional): Michael. Kahn@pandf.us x ATTORNEY FOR (Name): PLAINTIFF A SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER a STREET ADDRESS: 10820 JUSTICE CENTER DRIVE CITY STATE AND ZIP CODE: ROSEVILLE CA 95661-9072 BRANCH NAME: PLACER CIVIL DIVISION PLAINTIFF: TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK DEFENDANT(S):: BEVERLY A REEVES, and DOES 1 through 15, inclusive | bs - A uM AL. | CONTRACT A Kl COMPLAINT CL AMENDED COMPLAINT (Number): C] CROSS-COMPLAINT C] AMENDED CROSS-COMPLAINT (Number) Jurisdiction (check all that apply): CASE NUMBER: XK ACTION IS A LIMITED CIVIL CASE Amount demanded [X] does not exceed $10,000 NCVO 06 81 5 1 [_] 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., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK alleges causes of action against defendant(s)* (name or names): BEVERLY A REEVES, and DOES | through 15, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3 3. a. Each plaintiff named above is a competent adult XX] except plaintiff (name): TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) Klother (specify): a National Banking Association organized and existing under and by virtue of the law of the United States of America. b. [] Plaintiff (name): a. CL] has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. [2%] has complied with all licensing requirements as a licensed (specify): Cc. | Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant(s) named above is a natural person [_] except defendant (name): [_] except defendant (name): (1) C] a business organization, form unknown (1) C] a business organization, form unknown (2)[_] acorporation (2) LC] a corporation (3) | an unincorporated entity (describe): (3) C] an unincorporated entity (describe): (4)[_] a public entity (describe): (4)[_] a public entity (describe): (5) LC] other (specify): (5) C] other (specify): *If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use COMPLAINT-Contract Code of Civil Procedure, § 425.12 Judicial Council of California PLD-C-001 [Rev. January 1, 2007] CA_03 EFile Complaint Contract P&F File No. 11-65601 3 of 19 Y Oo: 2017051015:55 PATENAUDE & FELIX (858) seo 40f 19 PLD-C-001 SHORT TITLE: TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK | CASE NUMBER: vs. BEVERLY A REEVES, 4. (Continued) 6. EJ This action is subject to C] Civil Code section 1812.10 C] Civil Code section 2984.4. This court is the proper court because C] a defendant(s) entered into the contract here. [-] a defendant(s) lived here when the contract was entered into. 10. 11. C] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: May 09, 2017 [ ] MICHAEL R. BOULANGER [ MICHAEL D. KAHN [ STEPHANIE J. BOONE b. Cc. The true names of defendant(s) sued as Does are unknown to plaintiff. (1) [.] Doe defendant(s) (specify Doe numbers): were the agents or employees of the named defendant(s) and acted within the scope of that agency or employment. (2) X Doe defendant(s) (specify Doe numbers): 1 through 15 are persons whose capacities are unknown to plaintiff. [_] Information about additional defendants who are not natural persons is contained in Attachment 4c. d. Cl Defendant(s) who are joined under Code of Civil Procedure section 382 are (names): . | Plaintiff is required to comply with a claims statute, and a. L] has complied with applicable claims statutes, or b. CT] is excused from complying because (specify): a. b. C. Xx a defendant(s) lives here now. d. [_] the contract was to be performed here. e. C] a defendant(s) is a corporation or unincorporated association and its principal place of business is here. f. g. [] real property that is the subject of this action is located here. [_] other (specify): 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): O x K X Breach of Contract Common Counts Other (specify): Refer to Other allegations in number 9 Other allegations: Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the defendant(s) in writing it intended to file this action and that this action could result in a judgment against defendant(s) that would include court costs and necessary disbursements allowed by CCP Section 1033(b)(2). Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. [X] damages of: $1,931.64 b. [] interest on the damages (1) CL] according to proof (2) CL] at the rate of (specify): percent per year from (date): c. [_] attorney's fees (1) [] of: (2) [[] according to proof. d. JX] other (specify): For such other relief as the Court deems just and fair. ] JEFFREY W. SPEIGHTS ] JESSICA F. FLYNN = (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (/f you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2007] COMPLAINT-Contract Page 2 of 2 CA_03 EFile Complaint Contract P&F File No. 11-65601 4 of 19 . _ 1070026 2017051015:55 PATENAUDE & FELIX (858) 836-03 ye 5 of 19 ‘ PLD-C-001(2) SHORT TITLE: CASE NUMBER: TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK vs. BEVERLY A REEVES, HIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO [X]Complaint [[] Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK alleges that Defendant(s) (name): BEVERLY A REEVES, became indebted to [XJ plaintiff [_] other (name): a. XJ within the last four years (1) C] on an open book account for money due. (2) kX] 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. &X] within the last [[]two years [X] four years (1) [] for money had and received by defendant for the use and benefit of plaintiff. (2) C] for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff [_]the sum of $ [_]the reasonable value. (3) [] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [_]the sum of $ [_]the reasonable value. (4) C] for money lent by plaintiff to defendant at defendant's request. (5) [] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) JX other (specify): This cause of action is based upon account number XXXXXXXXXXXX9512 for the sum by which Defendant has been unjustly enriched by virtue of Defendant receiving monetary or other benefit, by Defendant knowingly requesting the funds at issue and/or accepting the benefits bestowed. It is inequitable for Defendant to retain said benefits without repaying Plaintiff the value thereof. CC-2. $1,931.64, which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest [_]according to proof [Jat the rate of percent per year from (date): cc-3. [_]Plaintiff is entitled to attorney fees by an agreement or a statute [lof $ [_]according to proof. cc-4. Other: For such other and further relief as the Court deems just and fair. Page 3 Page Tort Form Approved for Optional Use CAUSE OF ACTION-Common Counts Code of Civil Procedures, § 425.12 Judicial Council of California PLD-C-001(2) [January 1, 2009] CA_05 EFile Common Counts P&F File No. 11-65601 5 of 19
