Complaint

Cal. Super. - 3rd Dist.November 25, 2019

BP L I E - PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Hunt & Henriques, Attorneys at Law Michael S. Hunt #99804 | Janalie Henriques #111589 | Keri L. Salet #318913 151 Bernal Road Suite 8 San José CA 95119-1306 TELEPHONE NO: (800) 680-2426 FAX NO. (Optional): (408) 362-2299 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiff ornia SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER STREET ADDRESS: P.O. Box 619072 ¢ > MAILING ADDRESS: . . ‘ J CITY AND ZIPCODE: Roseville CA 95661 ; D BRANCH NAME: _ Bill Santucci Justice Center Courthouse Clerk PLAINTIFF: Capital One Bank (USA), N.A. ty (2 DEFENDANT: TRISTAN J RUMERY L_] poes 1 To CONTRACT LX] COMPLAINT [-] AMENDED COMPLAINT (Number): [_] cRoss-COMPLAINT [_] AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): LX] ACTION IS A LIMITED CIVIL CASE $4,666.38 Amount demanded Lx] does not exceed $10,000 L_] exceeds $10,000, but does not exceed $25,000 L_] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) mev00 75 1 9 > ACTION IS RECLASSIFIED by this amended complaint or cross-complaint L_] from limited to unlimited CASE NUMBER: from unlimited to limited 1. Plaintiff* (name or names): Capital One Bank (USA), N.A. alleges causes of action against defendant* (name or names): TRISTAN J RUMERY 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 LX] except plaintiff (name): Capital One Bank (USA), N.A. (1) [-_] a corporation qualified to do business in California (2) L__] an unincorporated entity (describe): (3) LX) other (specify): A National Banking Association organized and existing under and by virtue of the laws of the United States of America b. L_] Plaintiff (name): a. [__] has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): b. L__] 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. 4. a. Each defendant named above is a natural person -_ except defendant (name): except defendant (name): (1) L__] a business organization, form unknown (1) L__] a business organization, form unknown (2) [__] acorporation (2) L__Ja corporation (3) [__] an unincorporated entity (describe): (3) L__] an unincorporated entity (describe): (4) L__] a public entity (describe): (4) [__] a public entity (describe): (5) L_] other (specify): (5) L_] other (specify): “If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 rordicen Conca of Confarnian COMPLAINT-Contract Code of Civil Procedure, § 425.12 Judicial Cou cil of Californi meee IMO #67513,00 1 : ae PLD-C-001 SHORT TITLE: Capital One Bank (USA), N.A. v. TRISTAN J RUMERY CASE NUMBER: 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) L_] 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) L_] Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. [_] Information about additional defendants who are natural persons is contained in Attachment 4c. d. [__] Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. L_] Plaintiff is required to comply with a claims statute, and a. [_] has complied with applicable claims statutes, or b. L_] is excused from complying because (specify): 6. L_] This action is subject to [__] Civil Code section 1812.10 [_] Civil Code section 2984.4. 7. This court is the proper court because a. L_] adefendant entered into the contract here. . L__] a defendant lived here when the contract was entered into. . LX) a defendant lives here now. . L__] the contract was to be performed here. . [__] adefendant is a corporation or unincorporated association and its principal place of business is here. [__] real property that is the subject of this action is located here. . [__] other (specify): Q q g Q r - ~ o a o 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. LJ Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. LX] damages of: $4,666.38 b. LX] interest on the damages (1) | according to the proof (2) LX_] at the rate of (specify): 0.0000 percent per year from (date): March 4, 2019 c. L_] attorney’s fees (1) L_J of: $ (2) [__] according to proof. d. [__] other (specify): 11. [Xx] 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: October 23, 2019 - HA Keri L. Salet #318913 & (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATPORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev January 1, 2007] COMPLAINT--Contract 1367 ree : ° ; PLD-C-001(2) SHORT TITLE: Capital One Bank (USA), N.A. v. TRISTAN J RUMERY CASE NUMBER: _____-FIRST SS CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO LX] Complaint [_] Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Capital One Bank (USA), N.A. alleges that defendant (name): TRISTAN J RUMERY became indebted to Lx] plaintiff L_] other (name): a. LX] within the last four years (1) LX] onan open book account for money due. (2) LX] 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] withinthelast [_] 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. L_] 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 L_] the sum of $ [_] the reasonable value. (4) LX] for money lent by plaintiff to defendant at defendant's request (5) LX] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) []_ other (specify): CC-2. $4,666.38 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest [_] according to proof LX at the rate of 0.0000 percent per year from (date): March 4, 2019 cc-3. L_] Plaintiff is entitled to attorney fees by an agreement or a statute L_] of$ LJ according to proof. cc-4. L_] Other: Page 3 Page 1 of 1 Form Approved for Optional Use ACTION-Common Counts Code of Civil Procedure, § 425.12 “uke Counce of California CAUSE OF ACTIO Co www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] 1367513.001 a ai, SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER ROSEVILLE JUDICIAL DISTRICT STATEMENT OF LOCATION/VENUE CASE NAME: Capital One Bank (USA), N.A. v. TRISTAN J RUMERY, 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 Zip Code (or nearest major intersection) 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: 315 KING RD, ROSEVILLE CA 95678-3303 Street City Zip Code | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: October 23, 2019 Signature of Plaintiff's Attorney Hunt’& Henriques 1367513.001