Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.October 23, 2018

8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 Lina M. Michael, Esqq SBN: (237842) Brian P. McGurk, Esqq SBN: (250091) Christina Rymsza, Esqq SBN: (233631) MICHAEL& ASSOCIATES, PC 555 St. Charles Drive, Suite 204 Thousand Oaks, California 91360 Telephone: (805) 379-8505 Facsimile: (805) 379-8525 Attorneys for Plaintiff, American Express National Bank f/k/a American Express Centurion Bank Our File Number: 18088676 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LIMITEDCIVILCASE American Express National Bank f/k/a American Express Centurion Bank, Plaintiff, unt, vs, Value ) Case No.: ) ) COMPLAINTFOR DAMAGES ) ) 1. Common Counts: Book Acco ) Account Stated ) 2. Quantum Meruit-Reasonable ) ) ) PRAYER AMOUNT: $ 18,499.15 ) ) ) Danielle C Deyarmond, aka Danielle R Raichartd, aka Danielle B Raichartd, aka Danielle G Raichartd, an individual; Does I through 20, inclusive. Defendants. Plaintiffalleges as follows: GENERAL ALLEGATIONS 1. At all times herein mentioned, Plaintiff, American Express National Bank f/k/a American Express Centurion Bank, (hereinafter "American Express" ), is incorporated under United States law as a national bank, and is duly licensed and authorized to engage in business and is engaged in the doing of business by virtue of the laws and regulations of the State of California. /// /// /// COMPLAINTFOR DAMAGES E-FILED 10/23/2018 1:23 PM Clerk of Court Superior Court of CA, County of Santa Clara 18CV336896 Reviewed By: V. Taylor 18CV336896 2. Plaintiffis informed and believes and thereon alleges that at all times mentioned herein, Defendant, Danielle C Deyarmond, aka Danielle R Raichartd, aka Danielle B Raichartd, aka Danielle G Raichartd, an individual (hereinafter "Danielle C Deyarmond") is or was a resident of and living in the State of California, County of Santa Clara. 3. The true names and capacities, whether individual, corporate, associates, or otherwise, of the Defendants herein designated as Does I through 20, inclusive, are unknown to Plaintiffand Plaintiffwillask leave of Court to amend this Complaint to show the true names and capacities when said names are ascertained. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The obligations and claims sued upon herein were made and entered into and are due and payable in the above-mentioned judicial district and/or county of the State of California, and are not subject to the provisions of Sections 1812.10 and 2984.4 of the California Civil Code, Section 395(b) of the California Code of Civil Procedure. 5. At all times herein mentioned, the Defendants, and each of them (hereinafter "Defendants" ), were agents and/or employees and or joint ventures of the other Defendants, and were acting within the course and scope of such agency and/or employment and or joint ventures at the time of the claim asserted herein. 6. Defendant, Danielle C Deyarmond applied for and was issued an American Express Card (hereinafter "Card" ) currently ending in 3005 for the purposes of obtaining goods and/or services, and/or cash advances from any person who accepts the Card. 7. Within the past four (4) years, Plaintiffand Defendant had financial transactions, wherein Plaintifflent money to Defendant on the Card currently ending in 3005, at Defendant's request. 8. Plaintiffkept a written accounting of the debits and credits involved in the financial transactions. Defendant became indebted to Plaintiffon an open book account in writing for money due as a result of the financial transactions on the Card currently ending in 3005. /// /// /// /// /// COMPLAINTFOR DAMAGES 1 FIRST CAUSE OF ACTION 2 COMMON COUNTS 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COUNT 1 (Open Book Account as to all Defendants) 9. Plaintiffrealleges and incorporates herein by reference the allegations contained in paragraphs 1 through 8, inclusive, as though set forth fully at length. 10. Defendant became indebted to Plaintiffin the sum of $ 18,499.15, for a balance due on a book account in writing for money lent by Plaintiffto Defendant at Defendant's request. No part of said sum has been paid, although demand for payment has been made. There is now due, owing and unpaid the sum of $ 18„499.15. Attached hereto and incorporated hereat as Exhibit "A" is a true and correct copy of the Card statement ending in 3005 with the closing date of December 29, 2017. COUNT 2 (Account Stated as to all Defendants) 11. Plaintiffrealleges and incorporates herein by reference the allegations set forth in paragraphs 1 through 8, inclusive, as though set forth fully at length. 12. Plaintiffs records reflect that it transmitted monthly billing statements to Defendant at the address provided by Defendant. Defendant promised to pay Plaintiffthe amounts listed on the ntonthly billing statements by keeping and utilizing the Card. 13. By failing to object to the amount due and owing on the monthly billing statements, Defendant manifested his/her agreement that the amount listed on the statement was correct. Attached hereto and incorporated hereat as Exhibit "A" is a true and correct copy of the Card statement for the Card ending in 3005 with the closing date of December 29, 2017. SECOND CAUSE OF ACTION (Quantum Meruit-Reasonable Value as to all Defendants) 14. Plaintiffrealleges and incorporates herein by reference the allegations contained in paragraphs 1 through 8, inclusive, as though fully set forth in fullhereat. 28 COMPLAINTFOR DAMAGES 10 12 15. At the special request of Defendant, Plaintifflent money and rendered services to Defendant or on behalf of Defendant, for which Defendant promised to repay Plaintiff. 16. Neither Plaintiffnor Defendant had the expectation that the money lent or services rendered by Plaintiff, were gratuitous. 17. At all times mentioned herein, $ 18,499,15 was and is, the reasonable value for the money lent and services rendered by Plaintiff. 18. Defendant has failed to pay the entire reasonable value agreed upon, notwithstanding Plaintiff's demand thereof. There is now due, owing and unpaid, the sum of $ 18,499.15. WHEREFORE, Plaintiffprays judgment against Defendants as follows: 1. For the sum of $ 18,499.15; 2. For costs of suit herein; and 3. For such other and further relief as the Court may deem just and proper. 13 14 DATE: October l ), 2018 MICHAEL96 ASSOCIATES, PC 15 16 17 BRIAN P. MCGURK, Attorney for Plaintiff 18 19 20 21 22 23 24 25 26 27 28 COMPLAINTFOR DAMAGES EXHIBIT"A"HIBI “ ” rveeri'cxn mvncss Premier Rewards Gold Card DANIELLEC DEYARMOND Closing Date 12/29/17 p. 1/5 Account Ending 3005 'ew Balance Includes the past due amount of $ 18,461.15 Payment Due Date $ 18,499.15 01/23/18 1 Visit tvww.»1einbershipleteards.cern "Late Payment Warning: Ifwe do not receive your payment by the Payment Due Date of 01/23/18, you may have to pay a late fee of up to $ 38.00. Account Summery Previous Balance Payments/Credits New Charges Fees $ 18,461.15 -$ 0 00 +$ 0 00 +$ 38.00 See page 2 for important information about your account. i New Balance Days in Billing Period: 31 518,499.15 'i Your account is cancelied, (Qi Please note, your preset line is 50.00. You have spent 518,499.15. Ql Effective February 2, 2018, Card Members willno longer be able to transfer Membership Rewards points to the Pienti rewards program. Customer Cere Pay by Computerg amencanexpress corn/pbc Customer Care Pay by Phone i-800-327-2177 1-800-472-9297 L» I See Page 2 for additional information 4 Please fold on the pertoration below detach and return with your payment 4 H Payment Coupon Pay by Computer ~ Pay by PhoneDo not staple or use paper clips Q amencanexpress corn/pbc g 1-800-472-9297 Account Ending 3005Enter 15 digit account e on ae payments. Make check payable to Amencan Express. DANIFI I F C DEYARMONO eALUALILII A vesuo- ie13 Payment Due Date 01/23/18 Amount Due $ 1 8,499.1 5 Check here rfyour address or phone number has changed Note changes on reverse side. AMERICANEXPRESS BOX 000'I LOS ANGELES CA 9009643000 llil»ll»ill»ilil»illiiliilill«ill«ill»ill»ii»llliiill DAN(ELLEC DEYARMOND Account Ending 3005 p 2/5 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 pm local time at that address tobe credited as of the day it is received Payments we raceme after 5 p m. wig not be credited to your Account until the next day Payments must also (I) include the remittance coupon from your statement;12) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearable through the US banking system, and (3) mclude your Account number. Ifyour payment does not meet all of the above requirements, oediting may be delayed and you may incur tate payment fees and additional interest charges Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system If we accept payment in a foreign currency, we willconvert it into US dollars at a conversion rate that is acceptable to us, unless a parbcular rate Is required by law Please do not send post-dated checks as they wifibe deposited upon receipt. Any restnctive language on a payment we accept wdl have no effect on us without our express pnor written approval We will re-present to your finanaal institution any payment that is returned unpaid Permission for Electronic Withdrawal: (I) When you send a check for payment, you give us permission to electro nicagy withdraw your payment fram your deposit or other asset account We will process checks electronically by transmitting the amount of the check, routing number, account number and check senal number to your financral institutron, unless the check is not processable electronically or a less costly process is available. When we process your check electromcally, your payment may be withdrawn from your deposit or other asset account as soon as the same day we recewe your check, and you willnot recerve that cancelled check with your financial account statement Ifwe cannot cofiect the funds electronically we may issue a drafr against your deposrt or other asset account for the amount of the check (2) By using Pay By Computer, Pay By Phone or any ether electronic payment service of ours, you give us permission to electronicafiy withdraw funds from the deposrt or other asset account you specify in the amount you request. Payments using such services of ours recerved after Bsoo p.m MST may not be credited until the next day How We Calculate Your Balance: We use the Average Daily Balance (ADB) method (rncluding new transactions) to calculate the balance on wluch we charge rnterest for Pay Over Time balances on your Account. Cail the Customer Care number bated below far more information about this balance computation method and how resulting interest charges are determined. The method we use to figure rhe ADBand mrere st results in darly compoundrng ofinterest. Paying Interest: Ifyou have a Pay Over Time balance, your due date is at least 25 days after the close of each bilhng period We willbegin charging interest on transactions added to a Pay Over Time balance as of the date they are added However, we willnot charge mterest on charges added to a Pay Over Time balance automatically (for example, Sign & Travel and Extended Poymenr Option) ifyou pay the Account Total New Balance by the due date each month foreign Currency Charges: Ifyou make a Charge m a foreign currency, we willconvert it mto US dollars on the date we or our agents process it We willchoose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest offioal rate published by a government agency or the highest interbank rate we identdy fram customary bankmg sources on the conversion date or the prior business day This rate may differ from rates in effect on the date of your charge Charges convened by establishments will be billed at the rates such esiabhshments use Credit Balance: A credit balance (designated CR) shown on tliis statement represents money awed to you Ifwithm the six-month period fogowing the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we wig send you a check for the credit balance withm 30 days ifthe amount is 51 00 or more Credit Reporting: We may report information about your Account to credit bureaus Late payments, missed payments, oi other defaults on your Account may be reflected in your credit report Customer Care a Billing Inquiries8 International Collect Large Print a Braille Statements Lost or Stolen Card Express Cash I 800-327-2177 Hearing impaired 1-336-393-1111 TTYrl-800-221-9950 1-800-327-2177 FAXII-800-695-9090 I-80D992-3404 In NY: 1-800-522-1897 I-800-CASH-NOW Customer Care a BillingInquiries P O. BOX 981535 EL PASO, TX 79998-1535 Payments BOX 0001 LOS ANGELES CA 90096-8000 Website: amencanexpress corn Change of Address If corresso I oni,do nor «se. 'o h geyo r dd o I nmwskwwwamencanexpr .: I pd i i a fo'o Name,CompanyName.a dforeg Add s o Pho echanges,pleasecaliCUnomerCare.'ie p i I ly bl o black konly ncheboxespovded Pay Your BillwithAutoPay Avoid late fees Save time Ssreei Address I I I I Cop sr.i, ZpCod Are Codeand Ho Phone A e Code and Wo kPho E ai I I I Deduct your payment from your bank account automatically each month Visrt americanexpress.corn/autopay today to enroll. b Fo I f adononhowweproi cryo pn a+andre is'o «o U leaf on dp Web*car,pleasevbt maricenexpress em/p ' amsrooes 0ness Premier Rewards Gold Card DANIELLE C DEYARMOND Closing Date 12/29/1 7 P 3/5 Account Ending 3005 I Fees 12/23/1'/ Late Payment Fee Total Fees ror this period Amount $ 30 00 $30.OO 2017 Fees and Interest Totals Year-to-Date Total Fees tn 2017 Total interest in 2017 Amount $ 293.00 $ 0 00 DANtELLEC DEYARMOND Accaunt Ending 3005 p. 4/5NI o ng 5 p. 4 5 eftteRfottt fft Premier Rewards Gold Card DAN/ELLEC DEYARMOND Closing Date 12/29/17 p. 5/5 Account Ending '3005 c -.- You Spoke. We Listened. Over 1million more places in the U.S. started accepting American Express'ards in 2016. Visit shopsmallnow.corn t N op IIzlOQ Qe~ IguII QIIct ~ tN oafa t X IIIIIER9 Q e Iooo p 0E1QB 6 Ql3