Complaint Limited Up to 10K

Cal. Super. - 6th Dist.October 29, 2018

18CV337203 Electronically filed by Superior Court of CA, County of Santa Clara, on 10/29/2018 10:45 AM Reviewed By:V. Taylor Case #18CV337203 Env #2110069 PLD-C-001 AfiDiNEY OR PARTY THO T ATTORNEY(3 gang Barnumbar, and amass! FOR COURT USE ONLYesey Han coc Esq 3)/AnnDoan, Esq. (297543) Pantea Shanfi, Esq. (292666) / Jennifer Wong, Esq. (297398) The Moore Law Group, APC 3710 S. Suosan Street Suite 210 TELEPHONENO EMMLADDRESSWWW 800-506-2652 Santa Ana, CA 92704 ATYORNEY FOR (Name); plgi “n ff SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clam SWEETADDRESfi 191 North First Street muncAoDREssSan Jose CA 951 13 CITV AND ZIP CODE. BRANCH NAME: PLA'NT'FFi Discover Bank DEFENDANT’ Mercedes L Cruz E Doss 1 To CONTRACTm COMPLAINT E AMENDED COMPLAINT (Number): E CRoss_c0MpLA|NT E AMENDED CROSS-COMPLAINT (Number): Jurlsdlctlon (check all that apply):m ACTION IS A LIMITED CIVIL CASE Amount demanded § does not exceed 510.000exceeds $10,000 but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000) E3 ACTION IS RECLASSIFIED by this amended complaint or cross-complaim Efrem limited to unlimitedE from unlimited to limited CASE NLMBER 1. Plaintiff (name or names): Discover Bank alleges causes of action against defendant‘ (name or names): Mercedes L Cruz 2. This pleading. including attachments and exhibits, mnsisis of the following number of pages: 3 3‘ a. Each plaintiff named above ls a competent adultQ except plaintiff (name): . P 1 (1) Ea corpomtion qua Dlscov'r B (2) Ban unlnoorporated entity (describe): (3) @mher {spew}: Corporation b. E Plaintiff (name): a. E: has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b- E has complied with all licensing requirements as a licensed (specify): c. E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personE except defendant (name): E except defendant (name): (1) D a business organ'zation. form unknown (1) E a business organization. form unknown (2) D a corporation (2) E a corporation (3) E an unincorporated entity (describe): (3) E an unincorporated entity (describe): (4) D a public entity (describe): (4) E a public entity (describe): (5) mother (specify): (5) E omer (specify): ' I1 mis 1am Is med as a cmss-complaml, pla-mi'i means ausseomulavmnt and deienmm means crossneIendam Page 1 o! Z mefié‘fz’flffgg” COMPLA’ NT-Contract Code o! CM: Procamxe. 5 425 t2 K0430“ [REV- January 1. 2007‘ American LsgalNel. Inc. mecrmsanf/owcom PLD-C-001 SHORT TITLE: Discover Bank V. Mercedes L Cruz CASE NUMBER: 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff (1) E Doe defendants (speciw Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) D Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. [j Information about additional defendants who are not natural persons is contained in Attachment 4c. d_ E Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. B Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes. or b. D is excused from complying because (specify): 6. D This action is subjec1 to E Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because a. E a defendant entered intothe contract here. b. D a defendant lived here when the contract was entered into. c, g a defendant lives here now.d. the contract was to be performed here. e. [j a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real property that is the subject of mis action is located here. g. E other (specify): ' 8. The following causes of action are aflached and the statements above apply to each (each complain! must have one or more causes of action attached): D Breach ofContract m Common CountsE Other(speciry): 9. D Other aliegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a, damages 0'3 $ 2962.95 b. § interest on the damages (1) E according to proof (2) E at the rate of (spechy): percent per year from (date): c. E attorney'sfea (HE of: S (2) D according to proofA d- Q °‘he' (SPGC‘W Costs 0f suit and post judgment interest according to statute 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): e: D Kelsey Handcock {Ann Doan001D? 5 201a D Pantea Sharifi D Jennifer Wong p W (.TYPE OR PRINT NAME) I (SIGNATURE OF PLAiNTfFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLoc-om {Rev January 1. 20071 COMPLAINT_Corm-act Fag. 2 o! 2 PLD-C-001 (2) SHORT TITLE: fl : CASE NUMBER: 1 Discover Bank V. Mercedes L Cruz J (nurmer) CAUSE OF ACTION-Common Counts ATTACHMENTTO E Complaint D Cross-Complaint (Use a separate cause of action form for each cause ofaction.) 001. Plaintiff (name): Discover Bank afleges thatdefendant (name): Mercedes L Cruz became indebted to E plaintiff E other (name): a. E withinthelastfouryears (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. m withinthelast E two years E fouryears (1) E for money had and received by defendant for the use and benefit of plaintiff. (2) E forwork, labor. services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.m the sum of $D the reasonable value. (3) D for goods, wares. and merchandise sold and delivered lo defendant and for which defendant promised to pay plaintiffD the sum of sD 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 th ' : - - ' '( ) m ° er (spew?) Thls cause of actlon relates to the Dlscover Bank credlt card having account number XXXXXXXXXXXX8045. CC-Z. $ 2962 95 .which is the reasonabie value, is due and unpaid despite plaintiffs demand, plus prejuéigment interest E] according to proof D at the rate of percent per year "0m (date): Plaintiff waives post charge-off prejudgment interest CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statuteD °f 3 Plaintiff waives attorney feesD according to proof. CC" g omen Costs of suit and post judgment interest according to statute Page 3 Pig. 1 011 Form A owed lor O ional U ___(: Code of Cm! Procedure. § 425 12 Judid?€oundlo(&flomiase CAUSE OF ACTION ommon counts wwwuflinlacagav PLDGOOIQ) [Rev January 1, 2009] Amedcan LegaiNe!, Inc. www. FumsWomflow com