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PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY
PATENAUDE & FELIX, A.P.C.
Raymond A. Patenaude (128855) / Stephanie J. Boone (160182) / Laura M. D'Anna (266113)
Nathalia A. Aguirre (337628) / Dinari J. Lee (314542) / Abril Saglio-Ruiz (299586)
9619 Chesapeake Drive, Suite 300, San Diego, CA 92123
California DFPI Debt Collector License #10678-99
TELEPHONE NO.: (858) 244-7600 FAX NO.: (858) 836-0318
E-MAIL ADDRESS:SD.Legal@Pandf.us
ATTORNEY FOR (Name): PLAINTIFF
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
STREET ADDRESS: 720 9TH STREET
MAILING ADDRESS: 720 9TH STREET
CITY AND ZIP CODE: SACRAMENTO CA 95814
BRANCH NAME: GORDON D. SCHABER COURTHOUSE
PLAINTIFF: TD BANK USA, N.A.
DEFENDANT(S): RUSSELL TOEDTER,
and DOES 1 through 15, 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 (does not exceed $35,000)
Amount demanded does not exceed $10,000
exceeds $10,000
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): TD BANK USA, N.A.
alleges causes of action against defendant* (name or names): RUSSELL TOEDTER, and DOES 1 through 15, 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): TD BANK USA, 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, 2024] www.courts.ca.gov
CA_03 EFile Complaint Contract P&F File No. 24-11909
PLD-C-001
SHORT TITLE: TD BANK USA, N.A. vs. RUSSELL TOEDTER, CASE NUMBER:
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) Doe defendants (specify Doe numbers): 1 through 15 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 entered into the contract here.
b. a defendant lived here when the contract was entered into.
c. 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. 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 allegations 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: $1,343.33
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: April 01, 2024
[ X ] NATHALIA A. AGUIRRE [ ] DINARI J. LEE
[ ] ABRIL SAGLIO-RUIZ
â–º
(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
CA_03 EFile Complaint Contract P&F File No. 24-11909
PLD-C-001(2)
SHORT TITLE: CASE NUMBER:
TD BANK USA, N.A. vs. RUSSELL TOEDTER,
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): TD BANK USA, N.A.
alleges that Defendant(s) (name): RUSSELL TOEDTER,
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) This cause of action is based upon account number XXXXXXXXXXXX4744
other (specify):
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. $1,343.33, 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]
CA_05 EFile Common Counts P&F File No. 24-11909
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PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY PATENAUDE & FELIX, A.P.C. Raymond A. Patenaude (128855) / Stephanie J. Boone (160182) / Laura M. D'Anna (266113) Nathalia A. Aguirre (337628) / Dinari J. Lee (314542) / Abril Saglio-Ruiz (299586) 9619 Chesapeake Drive, Suite 300, San Diego, CA 92123 California DFPI Debt Collector License #10678-99 TELEPHONE NO.: (858) 244-7600 FAX NO.: (858) 836-0318 E-MAIL ADDRESS:SD.Legal@Pandf.us ATTORNEY FOR (Name): PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREET ADDRESS: 720 9TH STREET MAILING ADDRESS: 720 9TH STREET CITY AND ZIP CODE: SACRAMENTO CA 95814 BRANCH NAME: GORDON D. SCHABER COURTHOUSE PLAINTIFF: TD BANK USA, N.A. DEFENDANT(S): RUSSELL TOEDTER, and DOES 1 through 15, 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 (does not exceed $35,000) Amount demanded does not exceed $10,000 exceeds $10,000 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): TD BANK USA, N.A. alleges causes of action against defendant* (name or names): RUSSELL TOEDTER, and DOES 1 through 15, 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): TD BANK USA, 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, 2024] www.courts.ca.gov CA_03 EFile Complaint Contract P&F File No. 24-11909 PLD-C-001 SHORT TITLE: TD BANK USA, N.A. vs. RUSSELL TOEDTER, CASE NUMBER: 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) Doe defendants (specify Doe numbers): 1 through 15 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 entered into the contract here. b. a defendant lived here when the contract was entered into. c. 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. 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 allegations 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: $1,343.33 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: April 01, 2024 [ X ] NATHALIA A. AGUIRRE [ ] DINARI J. LEE [ ] ABRIL SAGLIO-RUIZ ► (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 CA_03 EFile Complaint Contract P&F File No. 24-11909 PLD-C-001(2) SHORT TITLE: CASE NUMBER: TD BANK USA, N.A. vs. RUSSELL TOEDTER, 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): TD BANK USA, N.A. alleges that Defendant(s) (name): RUSSELL TOEDTER, 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) This cause of action is based upon account number XXXXXXXXXXXX4744 other (specify): 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. $1,343.33, 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] CA_05 EFile Common Counts P&F File No. 24-11909