ComplaintCal. Super. - 3rd Dist.June 10, 2021- _ _ _ a PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Gar nucnifer anc addeasa): / FOR COURT USE ONLY | | Hunt & Henriques, Attorneys at Law | | Donald Sherrill #266038.) | Todd Masuda #335420 : 7017 Realm Dr. | | San José CA 95119 | reveeHone No (800) 680-2426 FAX NO (Optonai: (408) 362-2299 | E-MAIL ADORESS /Ontonall : ATTORNEY FOR (Names Plaintiff dt SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER STREET ADDRESS. PO. Box 6190072 | ' MAILING ADORESS Oy AND ZIP copE Roseville CA 95661 BRANCH NAME. Bill Santuce! Jushce Canter Courthouse a a | PLAINTIFF: Bank of America, NLA. 1 | | | DEFENDANT, BARRY L PATRICK (J vost to | | _. CONTRACT | | _X_] COMPLAINT [_] AMENDED COMPLAINT (Number): (] CROSS-COMPLAINT [] AMENDED CROSS-COMPLAINT (Number): | | : Jurisdiction (check all that apply): I TF | Ox ACTION IS A LIMITED CIVIL CASE $22,284.51 | OAS NUMBER | Amount demanded |_| does not exceed $10,000 | - CX] exceeds $10,000, but does not exceed $25,000 Lou! ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ' Lend ACTION IS RECLASSIFIED by this amended complaint or cross-complaint | C from limited to unlimited |___[] from unlimited tolimited | 1. Plaintiff* (name or names): Bank of America, NLA. alleges causes of action against defendant* (name or names): BARRY L PATRICK 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): Bank of America, N.A. (1} [""] a corporation qualified to do business in California (2) "] an unincorporated entity (describe): (3) CX] 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. | 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 Ld except defendant (name). except defendant (name): (1) [__] a business organization, form unknown (1) [_] a business organization, form unknown (2) ["] a corporation (2) CJ a corporation (3) [-_] an unincorporated entity (describe): (3) [__] an unincorporated entity (describe): (4) [_] a public entity (describe): (4) [|] a public entity (describe): (5) C__] other (specify): (5) (] other (specify): eprom ereneereroneeenmcene HE FOO 8 SAD a8 @ crass complaint plain means cross-complainant and defendant means crosa-delendant, ss Page fof 2 Pal Couple alors COMPLAINT--Contract Code of Civi Procedure. § 425 12 Dl D08 (Rev January 1 2007) i PT 1458968.001 PLD-C-001 SHORT TITLE. Bank of America, N.A. v. BARRY L PATRICK | CASE NUMBER : -e-«-iO 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) () Doe defendants (specify Doe numbers): enn _ 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. L__] 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. {, [""] 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 [X_] Common Counts [] Other (specify): 9. [CX] Other allegations: Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A. (“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. LX damages of: $22,284.51 b. Cx] interest on the damages (1) [J according to the proof (2) [XC] at the rate of (specify): 0.0000 percent per year from (date): November 30, 2020 ce. [] attorney's fees (1) Coot $ (2) (___] according to proof. d. (_] other (specify): 11. 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. Date: June 2, 2021 - Ce Todd Masuda §336420 sence p nne {TYPE OR PRINT NAME) {SIGNATURE OF PLAINTIFF OR ATTORNEY: __ (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rew January 1. 2007] COMPLAINT~-Contract Page 2 of 2 1458368.001 . PLD-C-001(2) | SHORT TITLE: Bank of America, N.A. v. BARRY L PATRICK | CASE NUMBER: | FIRSTS CAUSE OF ACTION-Common Counts inarniber) ATTACHMENT TO [X] Complaint [| Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Bank of America, NLA. alleges that defendant (name): BARRY L PATRICK became indebted to [x] plaintiff [__] other (name): a, [XX] within the last four years (1) [x] 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. [] withinthelast [""] two years ["_] four years (1) C | for money had and received by defendant for the use and benefit of plaintiff. (2) ["] for work, labor, services and materiais rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. [] the sum of $ (_] the reasonable value. (3) [7] ter goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff LJ the sum of $ [__] the reasonable value. (4) () tor 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): CC-2. $22,284.51 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest = [__] according to proof [XJ] at the rate of ___ 0.0000 percent per year from (date): November 30, 2020 cc-3. [_] Plaintitt is entitied 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 of 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-olf. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. c. The current Account balance is $22,284.51, 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 senocesnintnenanpntanntnnnneneneneetnmaniae ning pitti tpi oo Page 1 of 1 Form Apptoved tor Optional Use CAUSE OF ACTION-Common Counts Code at Chai | Procedure. § 425 a PDO 2) (Rew. January 1. 2009] 1458368.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER ROSEVILLE JUDICIAL DISTRICT STATEMENT OF LOCATION/VENUE CASE NAME: Bank of America, N.A. v. BARRY L PATRICK, 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. dS Cause of Action arose in this Judicial District. The address of the cause of action is: Steet” ily ip Code cote Property located in this judicial district. The address of this property is: Sveat” ity Zip Godse SS. Tort occurred in this judicial district. The address of the tort is: Sieet Wf knowny City Dip Gogg (or nearest major intersection) A. Contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: Street (ifknown) City | ZipCode ©. x _ 5. Defendant resides in this judicial district. The address of the defendant is: 8132 BRIAR WAY , GRANITE BAY CA 95746-6003 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: June 2, 2021 00 ne Signature of Plaintiff's Attorney Hunt & Henriques 1458368.001
