Preview
PLD-C-OO1
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Hunt & Henriques, LLP
Donald Sherrill #266038 Vlfilliam Bliss #341046
7017 Realm Drive
| I
Electronically Filed
San José CA 95119 2/23/2024 9:00 AM
CA Debt Collection License No. 10136-99 Superior Court of California
TELEPHONE NO: (800) 680-2426 FAX Nol (Optional)" (408) 362-2299 County of Stanislaus
E-MAIL ADDRESS (Optional): Clerk of the Court
ATTORNEY FOR (Name): Plaintiff By: Crystal Lam, Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS $370.00 PAID
STREET ADDRESS 801 10th Street 4th Floor
MAILING ADDRESS
CITY AND ZIP CODE Modesto CA 95354
BRANCH NAME Modesto City Towers
PLAINTIFF: CAPITAL ONE, N.A.
DEFENDANT: YUJIE SU
l:l DoEs To1
'
CONTRACT
m COMPLAINT I:| AMENDED COMPLAINT (Number):
|:I CROSS-COMPLAINT CI AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply): CASE NUMBER
ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000)
Amount demanded does not exceed $10,000
exceeds $1 0,000 CV-24-001467
I: ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
ACTION IS'RECLASSIFIED by this amended complaint or cross-complaint
CI frrolmllimited to unlimited
,
.n..-..from-unlimited to limited __ u..
1. Plaintiff" (name or names): CAPITAL ONE. N.A.
alleges causes of action against defendant* (name ornames): YUJIE SU
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
except plaintiff (name): CAPITAL ONE, NA.
(1) a corporation qualified to do business in California
(2) I:I an unincorporated entity (describe).'
(3) DC! other (specify): A National Banking Association organized and existing under and by virtue of the laws of the
United States of America
b. :1 Plaintiff (name):
a. [:I has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
b. C] has complied with all licensing requirements as licensed (specify): a
o. :I Information about additional plaintiffs who are not competent adults is shown Attachment 3c. in
4. a. Each defendant named above is a natural person
[:1 except defendant (name): except defendant (name):
(1) E a business organization, form unknown (1) I: business organization, form unknown
a
(2) :1 a corporation (2) I: corporation
a
(3) |:] an unincorporated entity (describe): (3) I: an unincorporated entity (describe):
(4) l:l a public entity (describe): (4) I:l public entity (describe):
a
(5) [:1 other (specify): (5) |:l other (specify):
'If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant Page 1 of 2
Fo;Tdfi:?§rg'oiet2%r093laolggllnlilase COMPLAINTContract Code ofCivilProcedure,§425.12
PLDaCDO1 [Rem January 1. 2024]
1553152001
Freeland, John D
Tm-unaneenasatgieumdiuge
Dept. 23
Depart-ail .mtal pup-USE mnlumngal
PLD-C-OO1
SHORT TITLE: CAPITAL ONE, N.A. v. YUJIE SU CASE NUMBER:
CV-24-001467
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) E
Doe defendants (specify Doe numbers).' are persons whose capacities are unknown to
plaintiff.
c. D Information about additional defendants who are natural persons is contained in Attachment 4c.
d. E Defendants who are joined under Code of Civil Procedure section 382 are (names):
5. D Plaintiff is required to comply with a claims statute, and
a. E has complied with applicable claims statutes. or
'
b. 'E is excused from complying because (specify).'
6. This action is subject to E Civil Code section 1812.10 E Civil Code section 2984.4.
7. This court is the proper court because
gamma:
a defendant entered into the contract here.
b a defendant lived here when the contract was entered into.
a defendant lives here now.
d I
the contract was to be performed here.
a defendant ls a corporation or unincorporated association and its principal place of business'ls here.
real property that ls the subject of this action is located here.
other (specify):
8. The
The following
foil 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
[E Common Counts
E Other (specify):
9. E] Other allegations: 0n October 1, 2022, Capital One Bank (USA), N.A. became Capital One, N.A.,
successor by merger.
10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. damages of: $10,458.89
b. m
interest on the damages
(1) according to the proof
(2) m at the rate of (speciflw 0.0000 percent per year from (date): July 26, 2023
c. E attorney's fees
(1) E of: $
d.
(2) E according to proof.
other (specify):
11. m The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
CC1.a.(1), CC-1.a.(2), CC-1.b.(4), CC-'l.b.(5)
Date: February 8, 2024
William Bliss #341046
(TYPE OR PRINT NAME)
} (SIGNATURE WPLAINTIFF 0R AWORNEY)
(If you wish to verify this pleading, affix a verification.)
PLDCoot [Rem January 1, 2024] COMPLAINTContract Page 2 or 2
1 5531 52.001
PLD-C-OO1 (2)
SHORT TITLE: CAPITAL ONE, N.A. v. YUJIE SU CASE NUMBER:
CV-24-001467
FlRST CAUSE OF ACTIONCommon Counts
(number)
ATTACHMENT TO [1'
Complaint I:l
Cross Complaint -
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): CAPITAL ONE, N.A.
leges that defendant (name): YUJIE SU
became indebted to [X] plaintiff |:l other (name):
a. IXI within the last four years
(1) [X] on an open book account for money due.
(2) m 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. [2] within the last E]
two years [X]
four years
(1) |:I for money had and received by defendant for the use and benefit of plaintiff.
(2) I: for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
"Ears-e sumof$
l:| the reasonable value.
(3) |:| for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
,.
El the sum Of$ ,___........
I: the reasonable value.
IE
'_ _
(4) for money lent by plaintiff to defendant at defendant's request
(5) [1| for money paid, laid out, and expended to or for defendant at defendant's special instance and
'
request.
(6) [Z] other (specify):
CC-2. $10,458.89 , which is the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest I: according to proof IX] at the rate of 00000 percent per year
from (date): July 26, 2023
06-3. [:1 Plaintiff is entitled to attorney fees by an agreement or a statute
|:| of $
l:l according to proof.
(304. I:l Other:
Page 3 1
Form Approved for Optional Use
Judicial Council of California
CAUSE OF ACTIONCommon Counts Code of Civil Procedure, § 42512
www.courtinfocagov
PLUG-001(2) [Rev. January 1, 2009]
1 5531 52.001
Preview
PLD-C-OO1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Hunt & Henriques, LLP Donald Sherrill #266038 Vlfilliam Bliss #341046 7017 Realm Drive | I Electronically Filed San José CA 95119 2/23/2024 9:00 AM CA Debt Collection License No. 10136-99 Superior Court of California TELEPHONE NO: (800) 680-2426 FAX Nol (Optional)" (408) 362-2299 County of Stanislaus E-MAIL ADDRESS (Optional): Clerk of the Court ATTORNEY FOR (Name): Plaintiff By: Crystal Lam, Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS $370.00 PAID STREET ADDRESS 801 10th Street 4th Floor MAILING ADDRESS CITY AND ZIP CODE Modesto CA 95354 BRANCH NAME Modesto City Towers PLAINTIFF: CAPITAL ONE, N.A. DEFENDANT: YUJIE SU l:l DoEs To1 ' CONTRACT m COMPLAINT I:| AMENDED COMPLAINT (Number): |:I CROSS-COMPLAINT CI AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBER ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) Amount demanded does not exceed $10,000 exceeds $1 0,000 CV-24-001467 I: ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) ACTION IS'RECLASSIFIED by this amended complaint or cross-complaint CI frrolmllimited to unlimited , .n..-..from-unlimited to limited __ u.. 1. Plaintiff" (name or names): CAPITAL ONE. N.A. alleges causes of action against defendant* (name ornames): YUJIE SU 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 except plaintiff (name): CAPITAL ONE, NA. (1) a corporation qualified to do business in California (2) I:I an unincorporated entity (describe).' (3) DC! other (specify): A National Banking Association organized and existing under and by virtue of the laws of the United States of America b. :1 Plaintiff (name): a. [:I has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): b. C] has complied with all licensing requirements as licensed (specify): a o. :I Information about additional plaintiffs who are not competent adults is shown Attachment 3c. in 4. a. Each defendant named above is a natural person [:1 except defendant (name): except defendant (name): (1) E a business organization, form unknown (1) I: business organization, form unknown a (2) :1 a corporation (2) I: corporation a (3) |:] an unincorporated entity (describe): (3) I: an unincorporated entity (describe): (4) l:l a public entity (describe): (4) I:l public entity (describe): a (5) [:1 other (specify): (5) |:l other (specify): 'If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant Page 1 of 2 Fo;Tdfi:?§rg'oiet2%r093laolggllnlilase COMPLAINTContract Code ofCivilProcedure,§425.12 PLDaCDO1 [Rem January 1. 2024] 1553152001 Freeland, John D Tm-unaneenasatgieumdiuge Dept. 23 Depart-ail .mtal pup-USE mnlumngal PLD-C-OO1 SHORT TITLE: CAPITAL ONE, N.A. v. YUJIE SU CASE NUMBER: CV-24-001467 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) E Doe defendants (specify Doe numbers).' are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are natural persons is contained in Attachment 4c. d. E Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes. or ' b. 'E is excused from complying because (specify).' 6. This action is subject to E Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because gamma: a defendant entered into the contract here. b a defendant lived here when the contract was entered into. a defendant lives here now. d I the contract was to be performed here. a defendant ls a corporation or unincorporated association and its principal place of business'ls here. real property that ls the subject of this action is located here. other (specify): 8. The The following foil 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 [E Common Counts E Other (specify): 9. E] Other allegations: 0n October 1, 2022, Capital One Bank (USA), N.A. became Capital One, N.A., successor by merger. 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $10,458.89 b. m interest on the damages (1) according to the proof (2) m at the rate of (speciflw 0.0000 percent per year from (date): July 26, 2023 c. E attorney's fees (1) E of: $ d. (2) E according to proof. other (specify): 11. m The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): CC1.a.(1), CC-1.a.(2), CC-1.b.(4), CC-'l.b.(5) Date: February 8, 2024 William Bliss #341046 (TYPE OR PRINT NAME) } (SIGNATURE WPLAINTIFF 0R AWORNEY) (If you wish to verify this pleading, affix a verification.) PLDCoot [Rem January 1, 2024] COMPLAINTContract Page 2 or 2 1 5531 52.001 PLD-C-OO1 (2) SHORT TITLE: CAPITAL ONE, N.A. v. YUJIE SU CASE NUMBER: CV-24-001467 FlRST CAUSE OF ACTIONCommon Counts (number) ATTACHMENT TO [1' Complaint I:l Cross Complaint - (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): CAPITAL ONE, N.A. leges that defendant (name): YUJIE SU became indebted to [X] plaintiff |:l other (name): a. IXI within the last four years (1) [X] on an open book account for money due. (2) m 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. [2] within the last E] two years [X] four years (1) |:I for money had and received by defendant for the use and benefit of plaintiff. (2) I: for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. "Ears-e sumof$ l:| the reasonable value. (3) |:| for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff ,. El the sum Of$ ,___........ I: the reasonable value. IE '_ _ (4) for money lent by plaintiff to defendant at defendant's request (5) [1| for money paid, laid out, and expended to or for defendant at defendant's special instance and ' request. (6) [Z] other (specify): CC-2. $10,458.89 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest I: according to proof IX] at the rate of 00000 percent per year from (date): July 26, 2023 06-3. [:1 Plaintiff is entitled to attorney fees by an agreement or a statute |:| of $ l:l according to proof. (304. I:l Other: Page 3 1 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTIONCommon Counts Code of Civil Procedure, § 42512 www.courtinfocagov PLUG-001(2) [Rev. January 1, 2009] 1 5531 52.001