ComplaintCal. Super. - 3rd Dist.June 10, 2021swindler tahinnsriecharettomicnnenn inherent Arter Poon MNT OOM ENN A aU A atone inns eens eonret atten tenement PDAS LD-C-001 1 ATTORNEY OF PARTY WITHOUT ATTORNEY (Name, State Bar sumber, and addmsgs) FOR COURT USE ONLY Hunt & Henriques, Attorneys at Law | Donald Sherrill 4266038 | | Kevin Brendon Buiza #318691 ' 7017 Reaim Dr | San José CA 95119 | TeLepHone No (800) 680-2426 FAX NO (Optonatt (408) 362-2299 | E-MAIL ADDRESS (Optional) i |__Avromne FOR (Name Plaintiff oe | | SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER | | STREET ADDRESS. PLO). Box 619072 i MAILING AODRESS | CITY AND ZIP CODE. Roseville CA G5661 i | PLAINTIFF. CAPITAL ONE, NLA. | | DEFENDANT. GREG D SHULER | [Does 1 TOL | _ ___ CONTRACT | CX] COMPLAINT ["”) AMENDED COMPLAINT (Number): | (] CROSS-COMPLAINT [| AMENDED CROSS-COMPLAINT (Number): | Jgipdetion (hacia that apy) | ACTION IS A LIMITED CIVIL CASE $3,769.33 | a | Amount demanded Cx) does not exceed $10,000 _ [__] exceeds $10,000, but does not exceed $25,000 | Cd ACTION [S AN UNLIMITED CIVIL CASE (exceeds $25,000) Cd ACTION IS RECLASSIFIED by this amended compiaint or cross-complaint | | from limited to unlimited _____[_] from unlimited tofimited 1. Plaintiff* (name or names): CAPITAL ONE, NLA. alleges causes of action against defendant* (name or names): GREG D SHULER 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): CAPITAL ONE, N.A. (1) ["] a corporation qualified to do business in California (2) [__] an unincorporated entity (describe): (3) X_] 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 (narne): except defendant (name). (1) (__] a business organization, form unknown (1) (_] a business organization, form unknown (2) ("| a corporation (2) C_] a corporation (3) E"") an unincorporated entity (describe). (3) | an unincorporated entity (describe): (4) [__] a public entity (describe): (4) (| a public entity (describe): (5) (__] other (specify): (5) [J other (specify): petctrttecppetnteeemanasie, LHS OTR IS Uied a8 8 crose-complaint. plaintiff means crosg-complamant and GelenGant MEANS C88 OTe Ramee GE Lot? refusal Counc of Calor. ; COMPLAINT-Contract Covte of Ciel Procedure, § 428.12 ; weit? (Rew January 1. 2007) Beara 1457887.001 ; PLD-C-001 | SHORT TITLE: CAPITAL ONE, NLA. v. GREG D SHULER | GASE NUMBER | 4. (Cantinued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) ] Doe defendants (specify Doe numbers): ae 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 ot 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. |__] a defendant entered into the contract here. b. (_] a defendant lived here when the contract was entered into. c, LX] a detendant 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. {. ["™] 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 CX] Common Counts (-] Other (specify): 9. [) 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: $3,769.33 b. CX") interest on the damages (1) ["") according to the proof (2) (XC ] at the rate of (specify): 0.0000 percent per year from (date): January 27, 2021 c. [__] attorney's fees (1) CCl of: $ (2) [""] according to proof. d. [__] other (specify): 11. [X"] 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: May 26, 2021 ast , oy an KevinBrondonBuza 318691 Cn? (TYPE OF PRINT NAME) (SIGNATURE OF PLAINTIFF OF ATTORNEY) _ 7 (if you wish to verify this pleading, affix a verification.) PLO-C-001 [Rav January 1. 20071 COMPLAINT--Contract Page 2 of 2 1457887.001 oo PLD-C-001(2) por TITLE: CAPITAL ONE, N.A. ¥. GREG D SHULER | CASE NUMBER: i et th e | __..__ FIRST ss S CAUSE OF ACTION-Common Counts inuenbser) ATTACHMENT TO [X) Complaint [| Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): CAPITAL ONE, NLA. alleges that defendant (name): GREG D SHULER became indebted to LX] plaintitt [©] other (name): a. (XX) within the last four years (1) [Xx] on an open beck 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. [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. [__] 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) LXJ for money lent by plaintiff to defendant at defendant's request (5) [X] for money paid, laid out, and expended to or for defendant at defendant's special instance and request, (6) [] other (specify): CC-2. $3,769.33 _ which is the reasonable vaiue, is due and unpaid despite plaintiff's demand, plus prejudgment interest [| according to proof [X] atthe rateof 0.0000 _ percent per year trom (date): January 27, 2021 cC-3. [_] Plaintiff is entitled to attorney fees by an agreement or a statute (-] ots (] according to proof. cc-4. |} Other: Page 3 cinema nnnnnncninnearamtatinintnteiinnineiutiNnattiiii iia ELAS Form Anproved for Optional Use CAUSE OF ACTION-Common Counts Code of Cri Procedure. § 426 32 PLO-C-OOHS) [Rew January 1, 2009) 1457887.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER ROSEVILLE JUDICIAL DISTRICT STATEMENT OF LOCATION/VENUE CASE NAME: CAPITAL ONE, N.A. v. GREG D SHULER, 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. dD Cause of Action arose in this Judicial District. The address of the cause of action is: Brea ---~“Gity Zip Code ee ft Property located in this judicial district. The address of this property is: Seat Sty ip Gade te tenet 3. Tort occurred in this judicial district. The address of the tort is: Street known) City ip Code . (or nearest major intersection) ee ” 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 "Fig Code __s_ 5. Defendant resides in this judicial district. The address of the defendant is: 1580 EL CAMINO VERDE DR , LINCOLN CA 95648-2432 Street City Zip Code | deciare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. o os ny ene DATED: May 26,2021 0 Ca? OL Signature of Plaintiff's Attorney Hunt & Henriques 1457887.001
