ComplaintCal. Super. - 3rd Dist.June 10, 2021a __ a ______PLD-C-001 ATTORNEY OF PARTY WITHOUT ATTORNEY (Name, State Bar romber, and address! | FOR COURT USE ONLY Hunt & Henriques, Attorneys at Law | Donald Sherrill #266038 | | Adam Kidd #328520 | i 7017 Realm Dr. | San José CA 95119 TELePHone no (800) 680-2426 FAX NO. (Opsionaly (408) 362-2299 E-MAL, ADDRESS (Opsonall: | ATTORNEY FOR (Name): Plaintiff _ | SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER STREET ADORESS P.O. Box 619072 i MAILING ADORESS CITY ANG ZIP CODE. Roseville CA 95661 a ACH NAME! Bil Santucel Justice Center Court N rg PLAINTIFF. Bank of America, NLA. DEFENDANT: BRANDON MOORE [] poes 110 _ | ; CONTRACT CX] COMPLAINT [-] AMENDED COMPLAINT (Number): [_] CROSS-COMPLAINT [__] AMENDED CROSS-COMPLAINT (Number): “putisdiction (check allthatapply): = = ume ACTION IS A LIMITED CIVIL CASE $19,256.12 | CASE NUMBER Amount demanded C_ does not exceed $10,000 i _ [X] exceeds $10,000, but does not exceed $25,000 CJ 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, NA. alleges causes of action against defendant" (name or names): BRANDON MOORE 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 [x] except plaintiff (name): Bank of America, N.A. (1) [] a corporation qualified to do business in California (2) [-"] an unincorporated entity (describe): (3) CXC] other (specify): A National Banking Association organized and existing under the laws of the United States of America and having its principal place of business in Charlotte, North Carolina b. (_] Plaintiff (name): a. [__] has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): b. (J nas complied with ail 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) CJ a business organization, form unknown (1) (_] a business organization, form unknown (2) (2) a corporation (2) (a corporation (3) [""] an unincorporated entity (describe): (3) ["] an unincorporated entity (describe). (4) (__] a public entity (describe): (4) (__] a public entity (describe). (5) (_] other (specify): (5) (1 other (specify): etcneereaaeamrniranenssennm tS KAT IS Ueed 36 8 Cross-complaint. plainif! means crose-complainant and defendant means cross-defendant oo Page 1 of 2 “ada Cour Cater 1 COMPLAINT--Contract Code of Ceal Procedure, § 425.12 ne wv January 1, PT 1455209,001 PLD-C-001 : SHORT TITLE: Bank of America, N.A. v. BRANDON MOORE : 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) [_] 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. [_] 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 subjectto [£_] Civil Code section 1812.10 [[_] 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. [x] 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 staternents above apply to each (each complaint must have one or more causes of action attached): (_] Breach of Contract CX] Common Counts [] Other (specify): 9. [X] Other allegations: Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, NA. ("FIA"), formerly known as MBNA America Bank, N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1, 2014. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (XC) damages of: $19,256.12 b. XC] interest on the damages (1) (_] according to the proot (2) (X_] at the rate of (specify): 0.0000 percent per year from (date): January 31, 2020 c. (__] attorney's fees (1) EJ of: $ (2) ("] according to proof. d. (_] other (specify): 11. [XC] 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-2, CC-4.a., CC-4.b., CC-4.c., CC-4.d. ; j Date: May 13, 2021 fy / , / Wh Adami wzeseo a CTYPE OF PRINT NAME} (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLO-C-001 [Fev January 1. 2007) COMPLAINT~Contract Page 2 of 2 1455209.001 PLD-C-001(2) | SHORT TITLE: Bank of America, N_A. v. BRANDON MOORE | CASE NUMBER: | FIRSTS CAUSE OF ACTION--Common Counts tramber} ATTACHMENT TO [X] Complaint [_] Cross - Compiaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintift (name): Bank of America, NA. alleges that defendant (name): BRANDON MOORE became indebtedto [x] plaintiff [_] other (name): a. (x) within the last four years (1) [3c] on an open book account for money due. (2) [X] 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. [J] withinthelast [] twoyears [__] four years (1) [7] for money had and received by defendant for the use and benefit of plaintiff. (2) [_] tor 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 detendant promised to pay plaintiff [] the sum of $ ("J the reasonable value. (4) [<] tor money lent by plaintiff to defendant at defendant's request (5) [J] tor money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) [-] other éspecify): CC-2, $19,256.12 . which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest [_] according to proof [XC] at the rate of 0.0000 percent per year from (date): January 31, 2020 cc-3. [_] Plaintiff is entitled to attorney fees by an agreement or a statute [-] of $ -_ according to proof. cc-4. [X] Other: a. Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the “Account”). Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement (“Agreement”) governing use of the Account with Plaintiff. b. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. c. The current Account balance is $19,256.12, which includes any applicable payments and credits. The Account is not accruing post charge-off interest. d. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. Page 3 nnn cnn TON Form Approved tor Optional ise CAUSE OF ACTION--Common Counts Code of Civ ete beta PLD-HC-0012) (lew, January 1. 2000) 1455209.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER ROSEVILLE JUDICIAL DISTRICT STATEMENT OF LOCATION/VENUE CASE NAME: Bank of America, N.A. v. BRANDON MOORE, 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. dn Cause of Action arose in this Judicial District. The address of the cause of action is: Street -s-«City.=-s-<“‘<‘«‘«wZipCCde@s-“(‘(a'”é‘(!;:é‘
