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PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Robert Scott Kennard, SBN 117017
Kristen Dean, SBN 321178
NELSON & KENNARD File No. 24-14023-0
5011 Dudley Blvd, Bldg 250, Bay G,
McClellan, CA 95652-1020
P.O. Box 13807 Sacramento, CA 95853 ELECTRONICALLY
TELEPHONE NO:
E-MAIL ADDRESS (Optional):
(916) 920-2295
nk-efile@nelson-kennard.com
FAX NO.(Optional):
FILED
Superior Court of California,
ATTORNEY FOR (Name): BANK OF AMERICA, N.A. County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 06/18/2024
STREET ADDRESS: 400 McAllister Street
Clerk of the Court
MAILING ADDRESS: BY: SHENEQUA GLADNEY
CITY AND ZIP CODE: Deputy Clerk
San Francisco, CA 94102
BRANCH NAME: LIMITED CIVIL CASE
PLAINTIFF: BANK OF AMERICA, N.A.
DEFENDANT: COLTON REDWINE,
[ X ] DOES 1 TO 10
CONTRACT
[X] COMPLAINT [ ] AMENDED COMPLAINT (Number):
[ ] 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
CGC-24-615424
[ ] 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): BANK OF AMERICA, N.A.
alleges causes of action against defendant*(name or names): COLTON REDWINE , and DOES 1 TO 10
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
[ X ] except plaintiff (name): BANK OF AMERICA, N.A.
[ ] a corporation qualified to do business in California
[ ] an unincorporated entity (describe):
[ X ] other (specify): A DULY CHARTERED BANK
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 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 Code of Civil Procedure, § 425.12
Judicial Council of California COMPLAINT–Contract
PLD-C-001 [Rev. January 1, 2024]
*24-14023-0*
PLD-C-001
SHORT TITLE: CASE NUMBER:
BANK OF AMERICA, N.A. v. COLTON REDWINE, et al.
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) [ X ] Doe defendants (specify Doe numbers): 1 – 5 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): 6 – 10 are persons whose capacities are unknown to
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. [ ] plaintiff has complied with applicable claims statutes, or
b. [ ] plaintiff 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. [ X ] a defendant entered into the contract here.
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): Plaintiff is informed and believes that the Defendant(s) resided
within this jurisdiction and venue at the time of the commencement of the within
action or, alternatively, entered into the agreement which is the subject of this
action in this jurisdiction and venue.
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. [ X ] Other allegations: Prior to commencement of this action, the Defendants were
informed in writing that if an action were commenced, the Plaintiff may recover its court
costs, where allowed by law, in addition to the principal otherwise owed.
Plaintiff alleges that it is qualified to do business in the State of
California. Plaintiff’s counsel’s application for license pursuant to Financial Code
Section 100000 et. seq. is pending issuance with the Nationwide Multistate Licensing
and Registry and/or the California Department of Financial Protection and Innovation.
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. [ X ] damages of $ 6,190.57
b. [ ] interest on the damages
(1) [ ] according to proof
(2) [ ] at the rate of (specify): ____ percent per year from (date):
c. [ ] attorney fees
(1) [ ] of: $
(2) [ ] according to proof.
d. [ ] other (specify):
11. [ ] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date: May 28, 2024
Kristen Dean
(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. v. COLTON REDWINE, et al.
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): COLTON REDWINE ;
became indebted to [ X ] plaintiff [ X ] other (name): FIA Card Services, N.A. is the predecessor
in interest to Bank of America, N.A.
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) [ ] 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) [ X ] for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
[ X ] the sum of $ 6,190.57
[ ] 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):
CC-2. $ 6,190.57 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 BA
CC.4. [ X ] Other: This complaint concerns account number ending in XXXXXXXXXXXX2291.
The account was established on 7/16/21. The account charged off on 3/30/24. The last
payment received on the account was on 08/25/23. Plaintiff is a wholly owned subsidiary
of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A.,
formerly known as MBNA America Bank, N.A. FIA Card Services N.A. was merged into and
under the charter and title of Plaintiff effective October 1, 2014.
3
Page
Page 1 of 1
Form Approved for Optional Use
Judicial Council of California
CAUSE OF ACTION – Common Counts Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLD-C-001(2) [Rev. January 1, 2009]
VERIFICATION
I, Kristen Dean, declare:
I am an attorney at law duly admitted and licensed to practice before all courts of the State of
California and I have my professional office at 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, Sacramento
County, California.
I am the attorney of record for Plaintiff in the above entitled matter.
Said Plaintiff is absent from the county in which I have my office and for that reason I am making this
verification on their behalf.
I have read the foregoing documents and know the contents thereof.
On information and belief, venue lies properly with this court because Defendant either resides in this
judicial district at the time this action is commenced or the contract was entered into by the Defendant in this
judicial district.
As to all other matters, I am informed and believe that the matters stated therein are true, and on that
ground, I allege that the matters stated therein are true.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and
correct.
Executed on ________May 28, 2024_____________, at McClellan, California.
Kristen Dean
117017ROBERT SCOTT KENNARD
SFPage 1
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PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Robert Scott Kennard, SBN 117017 Kristen Dean, SBN 321178 NELSON & KENNARD File No. 24-14023-0 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652-1020 P.O. Box 13807 Sacramento, CA 95853 ELECTRONICALLY TELEPHONE NO: E-MAIL ADDRESS (Optional): (916) 920-2295 nk-efile@nelson-kennard.com FAX NO.(Optional): FILED Superior Court of California, ATTORNEY FOR (Name): BANK OF AMERICA, N.A. County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 06/18/2024 STREET ADDRESS: 400 McAllister Street Clerk of the Court MAILING ADDRESS: BY: SHENEQUA GLADNEY CITY AND ZIP CODE: Deputy Clerk San Francisco, CA 94102 BRANCH NAME: LIMITED CIVIL CASE PLAINTIFF: BANK OF AMERICA, N.A. DEFENDANT: COLTON REDWINE, [ X ] DOES 1 TO 10 CONTRACT [X] COMPLAINT [ ] AMENDED COMPLAINT (Number): [ ] 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 CGC-24-615424 [ ] 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): BANK OF AMERICA, N.A. alleges causes of action against defendant*(name or names): COLTON REDWINE , and DOES 1 TO 10 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 [ X ] except plaintiff (name): BANK OF AMERICA, N.A. [ ] a corporation qualified to do business in California [ ] an unincorporated entity (describe): [ X ] other (specify): A DULY CHARTERED BANK 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 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 Code of Civil Procedure, § 425.12 Judicial Council of California COMPLAINT–Contract PLD-C-001 [Rev. January 1, 2024] *24-14023-0* PLD-C-001 SHORT TITLE: CASE NUMBER: BANK OF AMERICA, N.A. v. COLTON REDWINE, et al. 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) [ X ] Doe defendants (specify Doe numbers): 1 – 5 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): 6 – 10 are persons whose capacities are unknown to 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. [ ] plaintiff has complied with applicable claims statutes, or b. [ ] plaintiff 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. [ X ] a defendant entered into the contract here. 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): Plaintiff is informed and believes that the Defendant(s) resided within this jurisdiction and venue at the time of the commencement of the within action or, alternatively, entered into the agreement which is the subject of this action in this jurisdiction and venue. 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. [ X ] Other allegations: Prior to commencement of this action, the Defendants were informed in writing that if an action were commenced, the Plaintiff may recover its court costs, where allowed by law, in addition to the principal otherwise owed. Plaintiff alleges that it is qualified to do business in the State of California. Plaintiff’s counsel’s application for license pursuant to Financial Code Section 100000 et. seq. is pending issuance with the Nationwide Multistate Licensing and Registry and/or the California Department of Financial Protection and Innovation. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. [ X ] damages of $ 6,190.57 b. [ ] interest on the damages (1) [ ] according to proof (2) [ ] at the rate of (specify): ____ percent per year from (date): c. [ ] attorney fees (1) [ ] of: $ (2) [ ] according to proof. d. [ ] other (specify): 11. [ ] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: May 28, 2024 Kristen Dean (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. v. COLTON REDWINE, et al. 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): COLTON REDWINE ; became indebted to [ X ] plaintiff [ X ] other (name): FIA Card Services, N.A. is the predecessor in interest to Bank of America, N.A. 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) [ ] 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) [ X ] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [ X ] the sum of $ 6,190.57 [ ] 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): CC-2. $ 6,190.57 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 BA CC.4. [ X ] Other: This complaint concerns account number ending in XXXXXXXXXXXX2291. The account was established on 7/16/21. The account charged off on 3/30/24. The last payment received on the account was on 08/25/23. Plaintiff is a wholly owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. FIA Card Services N.A. was merged into and under the charter and title of Plaintiff effective October 1, 2014. 3 Page Page 1 of 1 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION – Common Counts Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] VERIFICATION I, Kristen Dean, declare: I am an attorney at law duly admitted and licensed to practice before all courts of the State of California and I have my professional office at 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, Sacramento County, California. I am the attorney of record for Plaintiff in the above entitled matter. Said Plaintiff is absent from the county in which I have my office and for that reason I am making this verification on their behalf. I have read the foregoing documents and know the contents thereof. On information and belief, venue lies properly with this court because Defendant either resides in this judicial district at the time this action is commenced or the contract was entered into by the Defendant in this judicial district. As to all other matters, I am informed and believe that the matters stated therein are true, and on that ground, I allege that the matters stated therein are true. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Executed on ________May 28, 2024_____________, at McClellan, California. Kristen Dean 117017ROBERT SCOTT KENNARD SFPage 1