Miscellaneous: AMERICAN EXPRESS NATIONAL BANK vs CHILUKAMUKKU

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                                e@ PLD-C-001

SHORT TITLE: AMERICAN EXPRESS NATIONAL BANK v. SANDEEP CHILUKAMUKKU, | case Numaer:
etal

 

 

 

 

4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.

(1)1_ 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) M1 Doe defendants (specify Doe numbers): 6-10 are persons whose capacities are unknown to
plaintiff.

c. 1 Information about additional defendants who are not natural persons is contained in Attachment 4c.
d.O1 Defendants who are joined under Code of Civil Procedure section 382 are (names)

5.01 Plaintiffis required to comply with a claims statute, and
a0 has complied with applicable claims statutes, or
v.01 is excused from complying because (specify):

6.C1 This action is subjectto [1 Civil Code section 1812.10 [1 Civil Code section 2984.4.
7. This court is the proper court because
a. adefendant entered into the contract here.
b. 1 a defendant lived here when the contract was entered into.
a defendant lives here now.
the contract was to be performed here.
a defendant is a corporation or unincorporated association and its principal place of business is here.
real property that is the subject of this action is located here.
other (specify):

oooog

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):
O Breach of Contract
M1 Common Counts
1 Other (specify):

9. Other allegations:

10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a.¥ damages of: $36,417.32

b.C1 interest on the damages
(1) according to proof

(2) oO at the rate of (specify): percent per year from (date):
«Ol attorney's fees
aO ots

(2) oO according to proof.
dO other (specify):

11.01 The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):

Date: August 26, 2021 Mp
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Aaron N. Baldaro, Esq./SBN #261156 >
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
+i form is used asa cros-complainy, plant means cross-compainant and defendant means cross defendant Page 20f2
Form Approved for Optional Use Jud Cc Code of Givi Procedure, § 425.12
cial Council of California COMPLAINT- ‘ontract

PLD-C-001 [Rev. January 1, 2007]‘ota @ 6} PLD-C-001(2)
SHORT TITLE: AMERICAN EXPRESS NATIONAL BANK v. SANDEEP CHILUKAMUKKU, et al | case numer:

 

 

FIRST CAUSE OF ACTION—Common Counts

(number)

ATTACHMENT TO M1 Complaint [1 Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): AMERICAN EXPRESS NATIONAL BANK’

alleges that defendant (name): SANDEEP CHILUKAMUKKU and DOES 1 to 10, inclusive

became indebted to MI plaintiff o other (name):
a. M1) within the last four years
(1) M onan open book account for money due.
(2) M1. 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. M1 within the last O two years four years
(1) 0 for money had and received by defendant for the use and benefit of plaintiff.
(2) (1 for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
Othe sum of $
Othe reasonable value.
(3) 01 for goods, wares, and merchandise sold and delivered to defendant and for which defendant prom-
ised to pay plaintiff
the sum of $
C1 the reasonable value.
(4) M1 for money lent by plaintiff to defendant at defendant's request
(5) M1 for money paid, laid out, and expended to or for defendant at defendant's special instance and re-
quest.

(6) © other (specify): For credit extended by Plaintiff to Defendant for purchases and/or cash
advances by Defendant and/or persons acting with Defendant's permission on the American Express credit
card accounts XXXX-XXXXXX-X3004, XXXX-XXXXXX-X1004 and XXXX-XXXXXX-X1004. Plaintiff has
performed all conditions precedent to bringing this action or Defendant has waived them.

* On April 1, 2018, American Express Centurion Bank changed its name to American Express National Bank. See
https://www.occ.treas.gov/topics/licensing/interpretations-and-actions/201 8/interpretations-and-actions-jan-2018.html; See also 12
U.S.C. § 35; 12 C.F.R. § 5.24.

CC-2. $, which is the reasonable value, is due and unpaid despite plaintiffs demand,

plus prejudgment interest oO according to proof D. atthe rate of percent per year
from (date):
CC-3. O Plaintiff is entitled to attorney fees by an agreement or a statute
O ofs

oO according to proof.

cc-4, MI other: $36,417.32, which is the current outstanding balance owed by Defendant to Plaintiff. This figure is
calculated as $29,738.41 due on account XXXX-XXXXXX-X3004, $5,222.28 due on account XXXX-XXXXXX-
X1004 and $1,456.63 due on account XXXX-XXXXXX-X1004.

Page Three

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reridioal Counol of calor CAUSE OF ACTION—Common Counts Code of vi Procedure, § 425.12

wwrw.courtinfo.ca.gov
PLO-C-001(2) [Rev. January 1, 2009] ” °