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PLD-C-001
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY
Hunt & Henriques. LLP
Donald Sherrill #266038 Alexander Balzer Carr #338024
Electronically Filed
| |
7017 Realm Drive
San José CA 95119 4/16/2024 12:23 PM
CA Debt Collection License No. 10136-99 Superior Court of California
TELEPHONE N0; (800) 6802426 FAX No. (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
STREET ADDRESS 801 10th Street 4th Floor $225.00 PAID
MAILING ADDRESS
CITY AND ZIP CODE Modesto CA 95354
BRANCH NAME Modesto City Towers
PLAINTIFF: CITIBANK, N.A.
DEFENDANT: ISAIAS SALDIVAR
C] DOES1 To
CONTRACT
m COMPLAINT D AMENDED COMPLAINT (Number):
D CROSSCOMPLAINT E 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 CV-24-002911
exceeds $10,000
E3 ACTION Is AN UNLIMITED CIVIL CASE (exceeds $35,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
E
E
from limited to unlimited
from unIImIted to limited
1. Plaintiff" (name or names): CITIBANK, N.A.
alleges causes of action against defendant" (name or names): ISAIAS SALDIVAR
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
m except plaintiff (name): CITIBANK, N.A.
(1) E a corporation qualified to do business in California
(2) D an unincorporated entity (describe).'
m other (specify): A National Banking Association organized and existing under and by virtue of the laws of the
(3)
United States of America
b. E Plaintiff (name):
E
a. has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
b. E has complied with all licensing requirements as a licensed (specify):
4.
c. DInformation about additional plaintiffs who are not competent adults is shown in Attachment 3c.
a. Each defendant named above is a natural person
D except
E defendant (name): except defendant (name):
(1) a business organization, form unknown (1) E:
a business organization, form unknown
(2) a corporation E a corporation
(3) E an unincorporated entity (describe):
(2)
(3) E an unincorporated entity (describe):
(4) E a public entity (describe): (4) a public entity (describe):
(5) E other (specify): (5) E other (specify):
'If this form is used as a cross-complaint. plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2
Fomdfi'igrrg'getfioirro?gigging:e COMPLAINTcontraCt Code or Civir Procedure, § 425.12
PLDCOO1 [Rev January 1, 2024]
Sandhu, Sonny
ED GOS. A 4 4
munammmdlflge
Dept. 24 .001
Delmar-rm .mral ping-um minmngal
PLD-C-OO1
SHORT TITLE: CITIBANK, N.A. v. ISAIAS SALDIVAR CASE NUMBER:
CV-24-002911
4. (Continued)
b.The true names of defendants sued as Does are unknown to plaintiff.
(1) E]
Doe defendants (specify Doe numbers): were the agents or employees of the named
(2) E
defendants and acted within the scope of that agency or employment.
Doe defendants (specify Doe numbers): are persons whose capacities are unknown to
plaintiff.
c. [j Information about additional defendants who are natural persons is contained in Attachment 4c.
d. D Defendants who are joined under Code of Civil Procedure section 382 are (names):
5. E 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. D This action is subject to D Civil Code section 1812.10 D Civil Code section 2984.4.
7. This court is the proper court because
a. a defendant entered into the contract here.
E3
bCdetLg
. a defendant lived here when the contract was entered into.
a defendant lives here now.
E
.
the contract was to be performed here.
[j
.
. a defendant is a corporation or unincorporated association and its principal place of business is here.
E real property that is the subject of this action is located here.
.
D 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
E] Other (specify):
9. m Other allegations: On July 1, 2011, Citibank (South Dakota) N.A. merged into Citibank, N.A., with Citibank N.A. as the
resulting and surviving national banking association. Citibank, N.A. is the current owner of this My Best Buy Credit Card
branded credit account and all rights to pursue collection from Defendant.
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. m damages of: $2,546.54
b. m interest on the damages
(1) according to the proof
(2) m at the rate of (specify): 0.0000 percent per year from (date): November 19, 2023
c. attorney's fees
(1) E of: $
(2) according to proof.
d. D other (specify):
11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
CC-1.a.(1), CC-1.a.(2), CC-1.b.(4), CC-1.b.(5)
Date: March 14. 2024
Alexander Balzer Carr #338024
(TYPE OR PRINT NAME)
} (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(If you wish to verify this pleading, affix a verification.)
Ftp-coo1 (Rev. January 1, 2024i COMPLAINTContract Page 2 ot 2
1561381.001
PLD-C-oo1 (2)
SHORT TITLE: CITIBANK, N.A. v. ISAIAS SALDIVAR CASE NUMBER:
CV-24-002911
FIRST CAUSE OF ACTIONCommon Counts
(number)
ATTACHMENT TO m Complaint D Cross
Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): CITIBANK, N.A.
alleges that defendant (name): ISAIAS SALDIVAR
became indebted to m plaintiff m other (name): or its predecessor in interest
a. m within the last four years
(1) m 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. m within the last E two years m
four years
(1) |:I for money had and received by defendant for the use and benefit of plaintiff.
(2) E for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
El the sum of $
D the reasonable value.
(3) E for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
D the sum of $
E 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) E other (specify):
CC-2. $2.546-54 which is the reasonable value, is due and unpaid despite plaintiff's demand,
D
,
plus prejudgment interest according to proof m
at the rate of 0-0000 percent per year
from (date): November 19, 2023
CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute
E3 of $
D according to proof.
cc-4. D Other;
Page 3 of
Page 1 1
Form Approved for Optional Use
Judicial Council of California
CAUSE 0F ACTIONCommon Counts Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
FLU-0001(2) (Rev. January 1, 2009]
1561381001
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
MODESTO JUDICIAL DISTRICT
STATEMENT OF LOCATIONNENUE
CASE NAME: CITIBANK, N.A. v. ISAIAS SALDIVAR,
CASE NUMBER:
Please check ONE of the following statements to indicate the basis for your filing of the complaint in
this Judicial District and fill in the address.
1. Cause of Action arose in this Judicial District.
The address of the cause of action is:
Street City Zip Code
2. Property located in this judicial district. The
address of this property is:
Street City Zip Code
3. Tort occurred in thisjudicial district. The
address of the tort is:
Street (if known) City Zip Code
(or nearest major intersection)
4. Contract entered into or to be performed in this
judicial district. The address where contract
entered into or to be performed is:
Street (if known) City Zip Code
X 5. Defendant resides in this judicial district. The address of the defendant is:
134 Weber Ave Patterson CA 95363-2403
,
Street City Zip Code
|declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
DATED: March 14, 2024
Signature of Plaintiff's Attorney
Hunt & Henriques, LLP
1561381001
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PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY Hunt & Henriques. LLP Donald Sherrill #266038 Alexander Balzer Carr #338024 Electronically Filed | | 7017 Realm Drive San José CA 95119 4/16/2024 12:23 PM CA Debt Collection License No. 10136-99 Superior Court of California TELEPHONE N0; (800) 6802426 FAX No. (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 STREET ADDRESS 801 10th Street 4th Floor $225.00 PAID MAILING ADDRESS CITY AND ZIP CODE Modesto CA 95354 BRANCH NAME Modesto City Towers PLAINTIFF: CITIBANK, N.A. DEFENDANT: ISAIAS SALDIVAR C] DOES1 To CONTRACT m COMPLAINT D AMENDED COMPLAINT (Number): D CROSSCOMPLAINT E 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 CV-24-002911 exceeds $10,000 E3 ACTION Is AN UNLIMITED CIVIL CASE (exceeds $35,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint E E from limited to unlimited from unIImIted to limited 1. Plaintiff" (name or names): CITIBANK, N.A. alleges causes of action against defendant" (name or names): ISAIAS SALDIVAR 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 m except plaintiff (name): CITIBANK, N.A. (1) E a corporation qualified to do business in California (2) D an unincorporated entity (describe).' m other (specify): A National Banking Association organized and existing under and by virtue of the laws of the (3) United States of America b. E Plaintiff (name): E a. has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): b. E has complied with all licensing requirements as a licensed (specify): 4. c. DInformation about additional plaintiffs who are not competent adults is shown in Attachment 3c. a. Each defendant named above is a natural person D except E defendant (name): except defendant (name): (1) a business organization, form unknown (1) E: a business organization, form unknown (2) a corporation E a corporation (3) E an unincorporated entity (describe): (2) (3) E an unincorporated entity (describe): (4) E a public entity (describe): (4) a public entity (describe): (5) E other (specify): (5) E other (specify): 'If this form is used as a cross-complaint. plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Fomdfi'igrrg'getfioirro?gigging:e COMPLAINTcontraCt Code or Civir Procedure, § 425.12 PLDCOO1 [Rev January 1, 2024] Sandhu, Sonny ED GOS. A 4 4 munammmdlflge Dept. 24 .001 Delmar-rm .mral ping-um minmngal PLD-C-OO1 SHORT TITLE: CITIBANK, N.A. v. ISAIAS SALDIVAR CASE NUMBER: CV-24-002911 4. (Continued) b.The true names of defendants sued as Does are unknown to plaintiff. (1) E] Doe defendants (specify Doe numbers): were the agents or employees of the named (2) E defendants and acted within the scope of that agency or employment. Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. [j Information about additional defendants who are natural persons is contained in Attachment 4c. d. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. E 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. D This action is subject to D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. a defendant entered into the contract here. E3 bCdetLg . a defendant lived here when the contract was entered into. a defendant lives here now. E . the contract was to be performed here. [j . . a defendant is a corporation or unincorporated association and its principal place of business is here. E real property that is the subject of this action is located here. . D 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 E] Other (specify): 9. m Other allegations: On July 1, 2011, Citibank (South Dakota) N.A. merged into Citibank, N.A., with Citibank N.A. as the resulting and surviving national banking association. Citibank, N.A. is the current owner of this My Best Buy Credit Card branded credit account and all rights to pursue collection from Defendant. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. m damages of: $2,546.54 b. m interest on the damages (1) according to the proof (2) m at the rate of (specify): 0.0000 percent per year from (date): November 19, 2023 c. attorney's fees (1) E of: $ (2) according to proof. d. D other (specify): 11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): CC-1.a.(1), CC-1.a.(2), CC-1.b.(4), CC-1.b.(5) Date: March 14. 2024 Alexander Balzer Carr #338024 (TYPE OR PRINT NAME) } (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) Ftp-coo1 (Rev. January 1, 2024i COMPLAINTContract Page 2 ot 2 1561381.001 PLD-C-oo1 (2) SHORT TITLE: CITIBANK, N.A. v. ISAIAS SALDIVAR CASE NUMBER: CV-24-002911 FIRST CAUSE OF ACTIONCommon Counts (number) ATTACHMENT TO m Complaint D Cross Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): CITIBANK, N.A. alleges that defendant (name): ISAIAS SALDIVAR became indebted to m plaintiff m other (name): or its predecessor in interest a. m within the last four years (1) m 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. m within the last E two years m four years (1) |:I for money had and received by defendant for the use and benefit of plaintiff. (2) E for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. El the sum of $ D the reasonable value. (3) E for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff D the sum of $ E 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) E other (specify): CC-2. $2.546-54 which is the reasonable value, is due and unpaid despite plaintiff's demand, D , plus prejudgment interest according to proof m at the rate of 0-0000 percent per year from (date): November 19, 2023 CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute E3 of $ D according to proof. cc-4. D Other; Page 3 of Page 1 1 Form Approved for Optional Use Judicial Council of California CAUSE 0F ACTIONCommon Counts Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov FLU-0001(2) (Rev. January 1, 2009] 1561381001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS MODESTO JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: CITIBANK, N.A. v. ISAIAS SALDIVAR, CASE NUMBER: Please check ONE of the following statements to indicate the basis for your filing of the complaint in this Judicial District and fill in the address. 1. Cause of Action arose in this Judicial District. The address of the cause of action is: Street City Zip Code 2. Property located in this judicial district. The address of this property is: Street City Zip Code 3. Tort occurred in thisjudicial district. The address of the tort is: Street (if known) City Zip Code (or nearest major intersection) 4. Contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: Street (if known) City Zip Code X 5. Defendant resides in this judicial district. The address of the defendant is: 134 Weber Ave Patterson CA 95363-2403 , Street City Zip Code |declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: March 14, 2024 Signature of Plaintiff's Attorney Hunt & Henriques, LLP 1561381001