Complaint

Cal. Super. - 3rd Dist.November 27, 2019

5 2 2 S - ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): PLD-C-001 Hunt & Henriques, Attorneys at Law POR COURT USE ONLY Michael S. Hunt #99804 | Janalie Henriques #111589 | Emily Collins #311804 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 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER FIL ED STREET ADDRESS: P.O. Box 619072 Superior Court of California MAILING ADDRESS: County of Placer CITY AND ZIP CODE: Roseville CA 95661 BRANCH NAME: _ Bill Santucci Justice Center Courthouse NOV 2 7 2019 PLAINTIFF: Capital One Bank (USA), N.A. Jake Chatters Executive Officer & Cler DEFENDANT: KHRISTIN R WALTERS By: E. Kouvdos, Deput y L_] poes 1 To CONTRACT LX] COMPLAINT [__] AMENDED COMPLAINT (Number): L_] cROSS-COMPLAINT [_] AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): LX] ACTION IS A LIMITED CIVIL CASE $6:250.43; | = eee Amount demanded Lx] does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 _ [_] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) MCVOO/52 2) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint L_] from limited to unlimited L_] from unlimited to limited 1. Plaintiff* (name or names): Capital One Bank (USA), N.A. alleges causes of action against defendant* (name or names): KHRISTIN R WALTERS 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) [__] 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) [_] 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) L__] 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 Poel Couns of Comore. COMPLAINT-Contract Code of Civil Procedure, § 425.12 pinot TT ence PLD-C-001 SHORT TITLE: Capital One Bank (USA), N.A. v. KHRISTIN R WALTERS CASE NUMBER: 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) L_] Doe defendants (specify Doe numbers): plaintiff. are persons whose capacities are unknown to c. L_] Information about additional defendants who are natural persons is contained in Attachment 4c. d. L_] 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. [_] 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. b. [__] a defendant lived here when the contract was entered into. c. LX] 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 aciion attached): [__] Breach of Contract LX] Common Counts L] Other (specify): 9. L_] 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: $6,252.43 b. LX_] interest on the damages (1) L__] according to the proof (2) LX_] at the rate of (specify): 0.0000 percent per year from (date): March 27, 2019 c. L_] attorney’s fees (1) LJ of: $ (2) [__] according to proof. d. L_] other (specify): 11. LX] 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: November 13, 2019 Y Emily Collins #311804 > / d - (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 1370 = * “ : PLD-C-001(2) SHORT TITLE: Capital One Bank (USA), N.A. v. KHRISTIN R WALTERS CASE NUMBER: FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO [X] 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): KHRISTIN R WALTERS became indebted to Xx] 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. LX] withinthelast [-] twoyears [X] four years (1) L_] 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 $ L__] 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 $ L_] 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. $6,252.43 , 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 27, 2019 cc-3. [_] Plaintiff is entitled to attorney fees by an agreement or a statute LJ of $ L] according to proof. cc-4. L_] Other: Page 3 Page 1 of 1 Form Approved for Optional Use E OF ACTION-Common Counts Code of Civil Procedure, § 425.12 udioe! Counal of California CAUSE O www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] 1370450.001 - ile. i Seal SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER ROSEVILLE JUDICIAL DISTRICT STATEMENT OF LOCATION/VENUE CASE NAME: Capital One Bank (USA), N.A. v. KHRISTIN R WALTERS, 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 xX 5. Defendant resides in this judicial district. The address of the defendant is: 1801 EUREKA RD APT 52, ROSEVILLE CA 95661-7703 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: November 13, 2019 Signature of Plaintiff's Attorney Hunt & Henriques 1370450.001