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PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
LAURA M. D'ANNA, ESQ., Bar #266113
PATENAUDE & FELIX, A.P.C.
6800 Owensmouth Avenue, Suite 290
Canoga Park, CA 91303-4216
California DFPI Debt Collector License #10678-99
TELEPHONE NO.:866-784-8084 FAX NO. (Optional) 818-906-7944
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name) PLAINTIFF
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 NO. FIRST STREET
MAILING ADDRESS: 191 NO. FIRST STREET
CITY STATE AND ZIP CODE: SAN JOSE CA 95113
BRANCH NAME: SANTA CLARA CIVIL DIVISION
PLAINTIFF: CAPITAL ONE, N.A.
DEFENDANT(S): SARAH MARIE CELERIDAD,
and DOES 1 through 5, inclusive
CONTRACT
COMPLAINT AMENDED COMPLAINT (Number):
CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number)
Jurisdiction (check all that apply): CASE NUMBER:
ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
exceeds $10,000 but does not exceed $25,000
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): CAPITAL ONE, N.A.
alleges causes of action against defendant(s)* (name or names): SARAH MARIE CELERIDAD and DOES 1 through 5,
inclusive
2. This pleading, including attachments and exhibits, consists of the following number of pages: 3
3. a. Each plaintiff named above is a competent adult
except plaintiff (name): CAPITAL ONE, N.A.
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) other (specify): a National Banking Association organized and existing under and by virtue of the law
of the United States of America.
b. Plaintiff (name):
a. has complied with the fictitious business name laws and is doing business under the fictitious name (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(s) named above is a natural person
except defendant (name): except defendant (name):
(1) a business organization, form unknown (1) a business organization, form unknown
(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) other (specify):
*If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2
Form Approved for Optional Use COMPLAINT—Contract Code of Civil Procedure, § 425.12
Judicial Council of California
PLD-C-001 [Rev. January 1, 2007]
LA_04E Complaint Contract P&F File No. 23-54237
PLD-C-001
SHORT TITLE: CASE NUMBER:
CAPITAL ONE, N.A. vs. SARAH MARIE CELERIDAD,
4. (Continued)
b. The true names of defendant(s) sued as Does are unknown to plaintiff.
(1) Doe defendant(s) (specify Doe numbers): were the agents or employees of the named
defendant(s) and acted within the scope of that agency or employment.
(2) Doe defendant(s) (specify Doe numbers): 1 through 5 are persons whose capacities are unknown to
plaintiff.
c. Information about additional defendants who are not natural persons is contained in Attachment 4c.
d. Defendant(s) 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 subject to Civil Code section 1812.10 Civil Code section 2984.4.
7. This court is the proper court because
a. a defendant(s) entered into the contract here.
b. a defendant(s) lived here when the contract was entered into.
c. a defendant(s) lives here now.
d. the contract was to be performed here.
e. a defendant(s) 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 action attached):
Breach of Contract
Common Counts
Other (specify): Refer to Other allegation in number 9
9. Other allegations: Before commencement of this action, in those cases where recovery of costs is dependent on such
notices, Plaintiff informed the defendant(s) in writing it intended to file this action and that this action could result in
a judgment against defendant(s) that would include court costs and necessary disbursements allowed by CCP Section
1033(b)(2).
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. damages of: $5,017.21
b. interest on the damages
(1) according to proof
(2) at the rate of (specify): ________ percent per year from (date):
c. attorney's fees
(1) of:
(2) according to proof.
d. other (specify) For such other relief as the Court deems just and fair.
11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date: December 22, 2023
LAURA M. D'ANNA
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(If you wish to verify this pleading, affix a verification.)
PLD-C-001(20) [Rev. January 1, 2007] COMPLAINT—Contract Page 2 of 2
LA_04E Complaint Contract P&F File No. 23-54237
PLD-C-001(2)
SHORT TITLE: CASE NUMBER:
CAPITAL ONE, N.A. vs. SARAH MARIE CELERIDAD,
FIRST
(number) CAUSE OF ACTION—Common Counts
ATTACHMENT TO Complaint Cross-Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): CAPITAL ONE, N.A.
alleges that Defendant(s) (name): SARAH MARIE CELERIDAD,
became indebted to plaintiff other (name)
a. within the last four years
(1) on an open book account for money due.
(2) 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. within the last two years 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) for 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):This cause of action is based upon account number XXXXXXXXXXXX6771 for the
sum by which Defendant has been unjustly enriched by virtue of Defendant receiving monetary or
other benefit, by defendant knowingly requesting the funds at issue and/or accepting the benefits
bestowed. It is inequitable for Defendant to retain said benefits without repaying Plaintiff the value
thereof.
CC-2. $5,017.21, which is the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest according to proof at the rate of ______ percent per year
from (date)
CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute
of $
according to proof.
CC-4. Other: For such other and further relief as the Court deems just and fair.
Page ______3______
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedures, § 425.12
Judicial Council of California
CAUSE OF ACTION—Common Counts
PLD-C-001(2) [January 1, 2009]
LA_05 Common Counts P&F File No. 23-54237
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PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY LAURA M. D'ANNA, ESQ., Bar #266113 PATENAUDE & FELIX, A.P.C. 6800 Owensmouth Avenue, Suite 290 Canoga Park, CA 91303-4216 California DFPI Debt Collector License #10678-99 TELEPHONE NO.:866-784-8084 FAX NO. (Optional) 818-906-7944 E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 NO. FIRST STREET MAILING ADDRESS: 191 NO. FIRST STREET CITY STATE AND ZIP CODE: SAN JOSE CA 95113 BRANCH NAME: SANTA CLARA CIVIL DIVISION PLAINTIFF: CAPITAL ONE, N.A. DEFENDANT(S): SARAH MARIE CELERIDAD, and DOES 1 through 5, inclusive CONTRACT COMPLAINT AMENDED COMPLAINT (Number): CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number) Jurisdiction (check all that apply): CASE NUMBER: ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 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): CAPITAL ONE, N.A. alleges causes of action against defendant(s)* (name or names): SARAH MARIE CELERIDAD and DOES 1 through 5, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3 3. a. Each plaintiff named above is a competent adult except plaintiff (name): CAPITAL ONE, N.A. (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) other (specify): a National Banking Association organized and existing under and by virtue of the law of the United States of America. b. Plaintiff (name): a. has complied with the fictitious business name laws and is doing business under the fictitious name (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(s) named above is a natural person except defendant (name): except defendant (name): (1) a business organization, form unknown (1) a business organization, form unknown (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) other (specify): *If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use COMPLAINT—Contract Code of Civil Procedure, § 425.12 Judicial Council of California PLD-C-001 [Rev. January 1, 2007] LA_04E Complaint Contract P&F File No. 23-54237 PLD-C-001 SHORT TITLE: CASE NUMBER: CAPITAL ONE, N.A. vs. SARAH MARIE CELERIDAD, 4. (Continued) b. The true names of defendant(s) sued as Does are unknown to plaintiff. (1) Doe defendant(s) (specify Doe numbers): were the agents or employees of the named defendant(s) and acted within the scope of that agency or employment. (2) Doe defendant(s) (specify Doe numbers): 1 through 5 are persons whose capacities are unknown to plaintiff. c. Information about additional defendants who are not natural persons is contained in Attachment 4c. d. Defendant(s) 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 subject to Civil Code section 1812.10 Civil Code section 2984.4. 7. This court is the proper court because a. a defendant(s) entered into the contract here. b. a defendant(s) lived here when the contract was entered into. c. a defendant(s) lives here now. d. the contract was to be performed here. e. a defendant(s) 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 action attached): Breach of Contract Common Counts Other (specify): Refer to Other allegation in number 9 9. Other allegations: Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the defendant(s) in writing it intended to file this action and that this action could result in a judgment against defendant(s) that would include court costs and necessary disbursements allowed by CCP Section 1033(b)(2). 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $5,017.21 b. interest on the damages (1) according to proof (2) at the rate of (specify): ________ percent per year from (date): c. attorney's fees (1) of: (2) according to proof. d. other (specify) For such other relief as the Court deems just and fair. 11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: December 22, 2023 LAURA M. D'ANNA (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001(20) [Rev. January 1, 2007] COMPLAINT—Contract Page 2 of 2 LA_04E Complaint Contract P&F File No. 23-54237 PLD-C-001(2) SHORT TITLE: CASE NUMBER: CAPITAL ONE, N.A. vs. SARAH MARIE CELERIDAD, FIRST (number) CAUSE OF ACTION—Common Counts ATTACHMENT TO Complaint Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): CAPITAL ONE, N.A. alleges that Defendant(s) (name): SARAH MARIE CELERIDAD, became indebted to plaintiff other (name) a. within the last four years (1) on an open book account for money due. (2) 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. within the last two years 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) for 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):This cause of action is based upon account number XXXXXXXXXXXX6771 for the sum by which Defendant has been unjustly enriched by virtue of Defendant receiving monetary or other benefit, by defendant knowingly requesting the funds at issue and/or accepting the benefits bestowed. It is inequitable for Defendant to retain said benefits without repaying Plaintiff the value thereof. CC-2. $5,017.21, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest according to proof at the rate of ______ percent per year from (date) CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. Other: For such other and further relief as the Court deems just and fair. Page ______3______ Page 1 of 1 Form Approved for Optional Use Code of Civil Procedures, § 425.12 Judicial Council of California CAUSE OF ACTION—Common Counts PLD-C-001(2) [January 1, 2009] LA_05 Common Counts P&F File No. 23-54237