On June 15, 2023 a
Complaint,Petition
was filed
involving a dispute between
Td Bank Usa, N.A.,
and
Damery, Mayra,
for Rule 3.740 Collections $10,000 or Less Limited
in the District Court of San Bernardino County.
Preview
PLD-C-001
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Hunt & Henriques, LLP
Donald Sherrill #266038 | |
Alexander Balzer Carr #338024
7017 Realm Drive
San José CA 95119 Fl L E.
CA Debt Collection License No. 10136-99 82%???
V 2?)ng 'C3flfi/fgjfgsfisuszx
"J L"
'
"‘"W‘m §
TELEPHONE no; (800) 680—2426 FAxuo. (optional): (408) 362-2299
E-MAIL ADDRESS (Optional):
ATTORNEY FOR(Name): Plaintiff JUN l 5 20:3
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 West Third Street
BY ~~--~ ’{I’
MAILING ADDRESS: ‘
“-
.,3.M,‘
v—u-
fi=2-!,:I~=u‘}/\
,.
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:3 H
CITY AND ZIP CODE; San Bernardino CA 92415-021 o
BRANCH NAME: San Bernardino District-Civil Division
PLAINTIFF: TD BANK USA, N.A.
DEFENDANT: MAYRA DAMERY
S Does 1 To
CONTRACT
m COMPLAINT E AMENDED COMPLAINT (Number):
E CROSS-COMPLAINT E AMENDED CROSS-COMPLAINT (Number):
m
Jurisdiction (check
ACTION Is A LIMITED
Amount demanded
all that apply):
mCIVIL CASE
does not exceed $10,000
$2,781 .37
CASE ”UMBER:
E ACTION
ACTION
Is AN UNLIMITED
exceeds $10,000, but does not exceed $25,000
CIVIL
(exceeds $25,000) CASE
RECLASSIFIED by this amended complaint or cross-complaint
CEV SB
I r,
r:
n
a fl
n
J
x,
5
w,
f
E
E
IS
from limited to unlimited
from unlimited to limited
1. Plaintiff" (name or names): TD BANK USA, N.A.
alleges causes of action against defendant* (name or names): MAYRA DAMERY
2. This pleading, including attachments and exhibits, consists ofthe following number of pages: 4
Each named above
3. a.
m D plaintiff
except
(1)
plaintiff (name):
is
a corporation qualified to do business
a competent adult
TD BANK USA, N.A.
in California
[j
m (2)
(3)
an unincorporated
other (specify): A
entity (describe):
National Banking Association organized and existing under and by virtue of the laws of the
b. EE
a.
Plaintiff (name).-
has complied with the
United States of America
fictitious business name laws and is doing business under the fictitious name of (specify):
c. E[j
b. has complied with
Information about additional plaintiffs
Each defendant named above is a
all licensing requirements as a licensed (specify):
who are not competent adults is shown in Attachment 3c.
4. a.
E E except defendant (name):
a business organization, form unknown
natural person
D
except defendant (name):
a business organization. form unknown
D
E
(1)
(2)
(3)
a corporation
an unincorporated entity (describe):
(1)
(2)
(3)
E a corporation
an unincorporated entity (descn'be):
D (4) a public entity (describe): (4) E a public entity (describe):
E (5) other (specify): (5) D other (specify):
4“]
‘lf this form is used as a cross-complaint, plaintiff means cross-oomplainant and defendant means cross-defendant. Page 1 of 2
FOfldficgplrgvoeufiLcialrocf)%lar’lirf‘:r'n‘iJase COMPLAINT—ContraCt Code of Civil Procedure, § 425.12
|WI!lllllIlflllllllllflllllllllllilllllllllllltllllllllll!III!
1520451901
PLD-C-001
SHORT TlTLE: TD BANK USA, N.A. v. MAYRA DAMERY CASE NUMBERS
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
E
(1) Doe defendants (specify Doe numbers):
defendants and acted within the scope of that agency or employment.
were the agents or employees of the named
E
(2) Doe defendants
plaintiff.
(specify Doe numbers): are persons whose capacities are unknown to
c.
d.
D
E Information about additional defendants
Defendants who are joined under Code of
who are natural persons
Civil
is
Procedure section 382 are (names):
contained in Attachment 4c.
5. E E Plaintiff is
a.
required to comply with a claims statute,
has complied with applicable claims statutes, or
and
E b. is excused from complying because (specify):
6. E This action is subject to E Civil Code section 1812.10 D Civil Code section 2984.4.
7. This court is the proper court because
a defendant entered into the contract here.
a defendant lived here when the contract was entered into.
a defendant lives here now.
Efifiiéii the contract was to be performed here.
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.
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):
E Breach of Contract
m Common Counts
E Other (specify):
9. D Other allegations:
10.
a. m
Plaintiff
m
prays forjudgment
damages of: $2,781.37
on the damages
for costs of suit; for such relief as is fair, just, and equitable; and for
1 b.
E
E]
interest
(1) according to the proof
c. E E (2)
attorney’s fees
at the rate of (specify): 0.0000 percent per year from (date): April 6, 2023
E D
(1) of: $
(2) according to proof.
d. other (specify):
11. m The paragraphs of this pleading alleged on information
CC-1.a.(1), CC-1.a.(2), CC-1.b.(4), CC-1.b.(5)
and belief are as follows (specify paragraph numbers):
Date: June 7, 2023
Alexander Balzer Carr #338024 }
(TYPE OR PRINT NAME) (SIGNATURE 0F PLAINTIFF OR ATTORNEY)
(Ifyou wish to ven‘fy this pleading, affix a verification.)
PLD-c-oo1 [Rev January 1, 2007] COMPLAINT—Contract Page 2 of 2
1520451 .001
Document Filed Date
June 15, 2023
Case Filing Date
June 15, 2023
Category
Rule 3.740 Collections $10,000 or Less Limited
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PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Hunt & Henriques, LLP Donald Sherrill #266038 | | Alexander Balzer Carr #338024 7017 Realm Drive San José CA 95119 Fl L E. CA Debt Collection License No. 10136-99 82%??? V 2?)ng 'C3flfi/fgjfgsfisuszx "J L" ' "‘"W‘m § TELEPHONE no; (800) 680—2426 FAxuo. (optional): (408) 362-2299 E-MAIL ADDRESS (Optional): ATTORNEY FOR(Name): Plaintiff JUN l 5 20:3 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 West Third Street BY ~~--~ ’{I’ MAILING ADDRESS: ‘ “- .,3.M,‘ v—u- fi=2-!,:I~=u‘}/\ ,. é' :3 H CITY AND ZIP CODE; San Bernardino CA 92415-021 o BRANCH NAME: San Bernardino District-Civil Division PLAINTIFF: TD BANK USA, N.A. DEFENDANT: MAYRA DAMERY S Does 1 To CONTRACT m COMPLAINT E AMENDED COMPLAINT (Number): E CROSS-COMPLAINT E AMENDED CROSS-COMPLAINT (Number): m Jurisdiction (check ACTION Is A LIMITED Amount demanded all that apply): mCIVIL CASE does not exceed $10,000 $2,781 .37 CASE ”UMBER: E ACTION ACTION Is AN UNLIMITED exceeds $10,000, but does not exceed $25,000 CIVIL (exceeds $25,000) CASE RECLASSIFIED by this amended complaint or cross-complaint CEV SB I r, r: n a fl n J x, 5 w, f E E IS from limited to unlimited from unlimited to limited 1. Plaintiff" (name or names): TD BANK USA, N.A. alleges causes of action against defendant* (name or names): MAYRA DAMERY 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: 4 Each named above 3. a. m D plaintiff except (1) plaintiff (name): is a corporation qualified to do business a competent adult TD BANK USA, N.A. in California [j m (2) (3) an unincorporated other (specify): A entity (describe): National Banking Association organized and existing under and by virtue of the laws of the b. EE a. Plaintiff (name).- has complied with the United States of America fictitious business name laws and is doing business under the fictitious name of (specify): c. E[j b. has complied with Information about additional plaintiffs Each defendant named above is a all licensing requirements as a licensed (specify): who are not competent adults is shown in Attachment 3c. 4. a. E E except defendant (name): a business organization, form unknown natural person D except defendant (name): a business organization. form unknown D E (1) (2) (3) a corporation an unincorporated entity (describe): (1) (2) (3) E a corporation an unincorporated entity (descn'be): D (4) a public entity (describe): (4) E a public entity (describe): E (5) other (specify): (5) D other (specify): 4“] ‘lf this form is used as a cross-complaint, plaintiff means cross-oomplainant and defendant means cross-defendant. Page 1 of 2 FOfldficgplrgvoeufiLcialrocf)%lar’lirf‘:r'n‘iJase COMPLAINT—ContraCt Code of Civil Procedure, § 425.12 |WI!lllllIlflllllllllflllllllllllilllllllllllltllllllllll!III! 1520451901 PLD-C-001 SHORT TlTLE: TD BANK USA, N.A. v. MAYRA DAMERY CASE NUMBERS 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. E (1) Doe defendants (specify Doe numbers): defendants and acted within the scope of that agency or employment. were the agents or employees of the named E (2) Doe defendants plaintiff. (specify Doe numbers): are persons whose capacities are unknown to c. d. D E Information about additional defendants Defendants who are joined under Code of who are natural persons Civil is Procedure section 382 are (names): contained in Attachment 4c. 5. E E Plaintiff is a. required to comply with a claims statute, has complied with applicable claims statutes, or and E b. is excused from complying because (specify): 6. E This action is subject to E Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a defendant entered into the contract here. a defendant lived here when the contract was entered into. a defendant lives here now. Efifiiéii the contract was to be performed here. 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. 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): E Breach of Contract m Common Counts E Other (specify): 9. D Other allegations: 10. a. m Plaintiff m prays forjudgment damages of: $2,781.37 on the damages for costs of suit; for such relief as is fair, just, and equitable; and for 1 b. E E] interest (1) according to the proof c. E E (2) attorney’s fees at the rate of (specify): 0.0000 percent per year from (date): April 6, 2023 E D (1) of: $ (2) according to proof. d. other (specify): 11. m The paragraphs of this pleading alleged on information CC-1.a.(1), CC-1.a.(2), CC-1.b.(4), CC-1.b.(5) and belief are as follows (specify paragraph numbers): Date: June 7, 2023 Alexander Balzer Carr #338024 } (TYPE OR PRINT NAME) (SIGNATURE 0F PLAINTIFF OR ATTORNEY) (Ifyou wish to ven‘fy this pleading, affix a verification.) PLD-c-oo1 [Rev January 1, 2007] COMPLAINT—Contract Page 2 of 2 1520451 .001