ComplaintCal. Super. - 3rd Dist.August 3, 2017PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Karel Raba, Esq. (293570) Kristen L. McDonald, Esq. (309789) Iminderjit Pooni, Esq. (303996), Geoffrey M. Hersch (310241) / The Moore Law Group, APC, 3710S. Susan Street, Suite 210, L E . (Optional). Y E-MAIL ADDRESS (Optional): 800-506-2652 anta Ana, CA 92704 ATTORNEY FOR (Name: Plaintiff rs - SUPERIOR COURT OF CALIFORNIA, COUNTY OF pjacer Countv - due / street aooress: 10820 Justice Center Drive MAILING ADDRESS: R Qseville CA 95678 ; CITY AND ZIP CODE: - BRANCH NAME: PLAINTIFF: Bank of America. N.A. Ex “aod ‘ DEFENDANT: T)aniela Gray [__] DOES 1 TO Life CONTRACT (-X] COMPLAINT [__] AMENDED COMPLAINT (Number): (_]CROSS-COMPLAINT [__] AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): CX] ACTION IS A LIMITED CIVIL CASE Amount demanded [_X] 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): Bank of America, N.A. CASE NUMBER: MCVO0068i61 alleges causes of action against defendant* (name or names): Daniela Gray 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3 3. a. Each plaintiff named above is a comnetent adult [3x] except plaintiff (name). Bank of America, N.A. (1) [esa corporation quamea to ao ousiNess in Vauornia (2) [__]an unincorporated entity (describe): (3) [xJother (specify): 4 national banking association organized and existing under the laws of the United States of America with its principal place of business in Charlotte, North Carolina. Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the a successor-in-interest to FIA Card Services, N.A. (“FIA”), formerly known as MBNA America Bank, N.A. FIA was merged b. [__] Plaintiff (name): into and under the charter and title of Plaintiff effective October 01, 2014. a. [__]has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. [__] has complied with all licensing requirements as a licensed (specify): c. L__] 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): [__] except defendant (name): (1) [__] a business organization, form unknown (2) [___] acorporation (3) [__] an unincorporated entity (describe): (4) [__]a public entity (describe): (4) [__] a public entity (describe): (5) [[_]other (specify): (5) [__] 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 tor Optonal tse COMPLAINT-Contract Code of Civit Procedure, § 425.12 Judicial Council of California PLD-C-001 [Rev. January 1, 2007] American LegaiNet, Inc. www.Forms Workfow.com PLD-C-001 SHORT TITLE: CASE NUMBER: Bank of America, N.A. V. Daniela Gray 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) [J Doe arcane (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. [__] Information about additional defendants who are not natural persons is contained in Attachment 4c. d. [__] Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. [_] Plaintiff is required to comply with a claims statute, and a. [__] has complied with applicable claims statutes, or b. [__] is excused from complying because (specify): 6. [_] This action is subject to [_] Civil Code section 1812.10 [_] Civil Code section 2984.4. 7. This court is the proper court because a. [__] adefendant entered into the contract here. b. [__] a defendant lived here when the contract was entered into. Cc. 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): : 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 LX] Common Counts L_] Other (specify): 9. Other allegations: . 5 ans (Gal Cher stegations Defendant is an adult individual 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. Ps damages of: $ 5410.69 b. interest on the damages (1)[-_] according to proof (2) [XJ at the rate of (specify): 0% percent per year from (date): c. [__] attorney's fees (1) of $ (2) ["_] according to proof. d. [XJ other (specify): Plaintiff seeks to recover its costs of suit. Plaintiff waives all attorney’s fees, post charge-off interest and post judgment interest. 11. [__] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): JUL 17 2017 Date: (| Karel Raba (1 Kristen L. McDonald {-~ o. ‘it Pooni Cl Geoffrey M. Hersch sD {TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 (Rev. January 1, 2007] COMPLAINT-Contract Page 2 of 2 PLD-C-001(2) SHORT TITLE: CASE NUMBER: Bank of America, N.A. V. Daniela Gray | FIRST CAUSE OF ACTION-Common Counts | (number} | ATTACHMENT TO [Xx] Complaint [__] Cross - Complaint | (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Bank of America, N.A. alleges that defendant (name): Daniela Gray became indebted to [X] plaintiff | [-_] other (name): a. [x _ within the last four years (1) [3 onan open book account for money due. (2) [5x] 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. [CX] withinthelast [7] twoyears [X] four years (1) [£-] for money had and received by defendant for the use and benefit of plaintiff. (2) [__] 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) 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) other (specify): Defendant applied for and received a credit account which is owned and administered by Plaintiff currently ending XXXXXXXXXXXX5965. Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances. In accordance with federal regulations, monthly periodic statements for the Account were delivered to received and accepted by Defendant without successful objection. The balance sought includes any applicable payments and credits. Based on Plaintiffs records, there are no unresolved disputes related to the Account. ** > CC-2. $ 5410.69 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest (__] according to proof bx] at the rate of 0% percent per year from (date): cc-3. [_] Plaintiff is entitled to attorney fees by an agreement or a statute [_] of$ [__] according to proof. cc-4. [i Other: Plaintiff seeks to recover its costs of suit. Plaintiff waives all attorney’s fees, post charge-off interest and post judgment interest. 3 Page Page 1 of 1 Fi for Opti Use Code of Civil Procedure, § 425.12 en eee CAUSE OF ACTION-Common Counts pap tiene AB on PLD-C-001(2) (Rev. January 1, 2009] American LegaiNet, Inc. www. FormsWorkflow.com
