Preview
California Debt Collection License No. 12242-99 PLD-C-001
ATTORNEY OR PARTY WITHOUT : STATE BAR NUMBER:
FOR COURT USE ONLY
FLINT C ZIDE, SBN 160369 / DAVID C. MCGAFFEY, SBN 315632
Scott & Associates
PO Box 115220
Carrollton, TX 75011
TELEPHONE NO.: (866) 298-3155 FAX NO.: (626) 799-8419
EMAIL ADDRESS: CAFilings@scott-pc.com
ATTORNEY FOR (name): Bank of America, N.A.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus Electronically Filed
STREET ADDRESS: 801 10th Street 3/22/2024 1:29 PM
MAILING ADDRESS: Superior Court of California
CITY AND ZIP CODE: Modesto, CA 95354 County of Stanislaus
BRANCH NAME: Stanislaus Courthouse Clerk of the Court
PLAINTIFF: Bank of America, N.A. By: Dora Perez, Deputy
DEFENDANT: Todd R. Campbell
L XJ DOES 1 TO 5, INCLUSIVE
CONTRACT
COMPLAINT AMENDED COMPLAINT (Number):
ae
Eu
X $225 PAID
CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply):
CASE NUMBER:
X ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000)
Amount demanded X does not exceed $10,000
exceeds $10,000 CV-24-002243
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
from limited to unlimited
from unlimited to limited
1. Plaintiff* (name or names):
*
Bank of America, N.A.
alleges causes of action against defendant* (name or names):
Todd R. Campbell, Does 1 TO 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): Bank of America, N.A.
Li
X
(1) a corporation qualified to do business
ss in
in California.
California.
Hi
(2) an unincorporated entity (describe):
(3) X other (specify): a National Association
b. Plaintiff (name):
i
(1) has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
Uo
(2) 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 (name): except defendant (name):
i
(1) a business organization, form unknown. (1) a business organization, form unknown.
WU
WU
(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):
Uo
Uo
(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
Judicial Council of California
COMPLAINT—Contract Code of Civil Procedure, § 425.12
www.courts.ca.gov
PLD-C-001 [Rev. January 1, 2024] Sandhu, Sonny S.
S&A 2544984 Dept. 24
PLD-C-001
SHORT TITLE: CASE NUMBER:
Bank of America, N.A. vs. Todd R. Campbell
4. 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) X Doe defendants (specify Doe numbers): 1 to 5 are persons whose capacities are unknown to
~ UL
plaintiff.
c. Information about additional defendants who are not 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
Hu
b. is excused from complying because (specify):
6. This action is subject to Civil Code section 1812.10 Civil Code section 2984.4.
i
7. This court is the proper court because
a. a defendant entered into the contract here.
AU UUU
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.
f. real property that is the subject of this action is located here.
g. X other (specify): CCP 395(b)
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. Other allegations:
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just,
t, and
and equitable;
equitable; and for
and for
a. X damages of: $ 3,575.13
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. X other (specify): SUCH OTHER RELIEF AS THE COURT DEEMS PROPER
11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date: March 18, 2024
Digitally signed by David C. McGaffey
A |
David C. McGaffey David C. McGaffey DN: o=MJSPC, ou=Legal, uid=271562835
Date: 3/18/2024 4:53:41 PM
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(If you wish to verify this pleading, affix a verification.)
PLD-C-001 [Rev. January 1, 2024] COMPLAINT—Contract Page 2 of 2
PLD-C-001(2)
SHORT TITLE: CASE NUMBER:
Bank of America, N.A. vs. Todd R. Campbell
First CAUSE OF ACTION—Common Counts
(number)
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, N.A.
alleges that defendant (name): Todd R. Campbell
became indebted to X plaintiff other (name):
a. X 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. X within the last two years X four years
(1) X 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 $
UL
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) X 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
ob
request.
(6) other (specify):
CC-2. $ , 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 $
UL
according to proof.
CC-4. X Other:
$3,575.13, which is the fixed and agreed amount, is due and unpaid despite plaintiff’s demand.
Page 3
Page 1 of 1
Code of Civil Procedure, § 425.12
Form Approved for Optional Use
Judicial Council of California
CAUSE OF ACTION—Common Counts www.courtinfo.ca.gov
PLD-C-001(2) [Rev. January 1, 2009]
S&A 2544984
1 DECLARATION OF JURISDICTIONAL FACTS
2 The
The undersigned
undersigned declares
declares that
that he/she
he/she is
is authorized
authorized toto make
make this
this declaration
declaration for
for
and
and on
on behalf
behalf of
of the
the plaintiff
plaintiff herein.
herein. Pursuant
Pursuant to
to Civil
Civil Procedure
Procedure Sections
Sections 395
395 and
and 396a,
396a,
the above entitled court is the proper court for the trial of the above entitled action
1 o.t 1
3
because:
4
[X] One of the defendants resides within the jurisdiction of the above entitled court at
the
the commencement
commencement of of this
this action.
action.
5
[ ] Goods or services or loans were provided within the jurisdiction of the above
6 entitled
entitled court.
court.
7 I declare under penalty of perjury under the Laws of the State of California that
the
the foregoing
foregoing is
Is true
true and
and correct.
correct.
8
9
Executed
Executed on March 18, 2024
on __________________________ ,, South
south Pasadena,
Pasadena, Calfornia.
Calfornia.
10
11
Digitally signed by David C. McGaffey
12 __________________________________
David C. McGaffey DN: o=MJSPC, ou=Legal, uid=271562835
Date: 3/18/2024 4:53:41 PM
David C. McGaffey
13 Attorneys for Plaintiff
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
S&A 2544984
Preview
California Debt Collection License No. 12242-99 PLD-C-001 ATTORNEY OR PARTY WITHOUT : STATE BAR NUMBER: FOR COURT USE ONLY FLINT C ZIDE, SBN 160369 / DAVID C. MCGAFFEY, SBN 315632 Scott & Associates PO Box 115220 Carrollton, TX 75011 TELEPHONE NO.: (866) 298-3155 FAX NO.: (626) 799-8419 EMAIL ADDRESS: CAFilings@scott-pc.com ATTORNEY FOR (name): Bank of America, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus Electronically Filed STREET ADDRESS: 801 10th Street 3/22/2024 1:29 PM MAILING ADDRESS: Superior Court of California CITY AND ZIP CODE: Modesto, CA 95354 County of Stanislaus BRANCH NAME: Stanislaus Courthouse Clerk of the Court PLAINTIFF: Bank of America, N.A. By: Dora Perez, Deputy DEFENDANT: Todd R. Campbell L XJ DOES 1 TO 5, INCLUSIVE CONTRACT COMPLAINT AMENDED COMPLAINT (Number): ae Eu X $225 PAID CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBER: X ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) Amount demanded X does not exceed $10,000 exceeds $10,000 CV-24-002243 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited from unlimited to limited 1. Plaintiff* (name or names): * Bank of America, N.A. alleges causes of action against defendant* (name or names): Todd R. Campbell, Does 1 TO 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): Bank of America, N.A. Li X (1) a corporation qualified to do business ss in in California. California. Hi (2) an unincorporated entity (describe): (3) X other (specify): a National Association b. Plaintiff (name): i (1) has complied with the fictitious business name laws and is doing business under the fictitious name (specify): Uo (2) 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 (name): except defendant (name): i (1) a business organization, form unknown. (1) a business organization, form unknown. WU WU (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): Uo Uo (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 Judicial Council of California COMPLAINT—Contract Code of Civil Procedure, § 425.12 www.courts.ca.gov PLD-C-001 [Rev. January 1, 2024] Sandhu, Sonny S. S&A 2544984 Dept. 24 PLD-C-001 SHORT TITLE: CASE NUMBER: Bank of America, N.A. vs. Todd R. Campbell 4. 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) X Doe defendants (specify Doe numbers): 1 to 5 are persons whose capacities are unknown to ~ UL plaintiff. c. Information about additional defendants who are not 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 Hu b. is excused from complying because (specify): 6. This action is subject to Civil Code section 1812.10 Civil Code section 2984.4. i 7. This court is the proper court because a. a defendant entered into the contract here. AU UUU 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. f. real property that is the subject of this action is located here. g. X other (specify): CCP 395(b) 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. Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, t, and and equitable; equitable; and for and for a. X damages of: $ 3,575.13 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. X other (specify): SUCH OTHER RELIEF AS THE COURT DEEMS PROPER 11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: March 18, 2024 Digitally signed by David C. McGaffey A | David C. McGaffey David C. McGaffey DN: o=MJSPC, ou=Legal, uid=271562835 Date: 3/18/2024 4:53:41 PM (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2024] COMPLAINT—Contract Page 2 of 2 PLD-C-001(2) SHORT TITLE: CASE NUMBER: Bank of America, N.A. vs. Todd R. Campbell First CAUSE OF ACTION—Common Counts (number) 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, N.A. alleges that defendant (name): Todd R. Campbell became indebted to X plaintiff other (name): a. X 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. X within the last two years X four years (1) X 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 $ UL 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) X 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 ob request. (6) other (specify): CC-2. $ , 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 $ UL according to proof. CC-4. X Other: $3,575.13, which is the fixed and agreed amount, is due and unpaid despite plaintiff’s demand. Page 3 Page 1 of 1 Code of Civil Procedure, § 425.12 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION—Common Counts www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] S&A 2544984 1 DECLARATION OF JURISDICTIONAL FACTS 2 The The undersigned undersigned declares declares that that he/she he/she is is authorized authorized toto make make this this declaration declaration for for and and on on behalf behalf of of the the plaintiff plaintiff herein. herein. Pursuant Pursuant to to Civil Civil Procedure Procedure Sections Sections 395 395 and and 396a, 396a, the above entitled court is the proper court for the trial of the above entitled action 1 o.t 1 3 because: 4 [X] One of the defendants resides within the jurisdiction of the above entitled court at the the commencement commencement of of this this action. action. 5 [ ] Goods or services or loans were provided within the jurisdiction of the above 6 entitled entitled court. court. 7 I declare under penalty of perjury under the Laws of the State of California that the the foregoing foregoing is Is true true and and correct. correct. 8 9 Executed Executed on March 18, 2024 on __________________________ ,, South south Pasadena, Pasadena, Calfornia. Calfornia. 10 11 Digitally signed by David C. McGaffey 12 __________________________________ David C. McGaffey DN: o=MJSPC, ou=Legal, uid=271562835 Date: 3/18/2024 4:53:41 PM David C. McGaffey 13 Attorneys for Plaintiff 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S&A 2544984