Complaint Limited 10K and 25KCal. Super. - 6th Dist.November 7, 2018E-FILED 11/7/2018 9:52 AM Clerk of Court Superior Court of CA, County of Santa Clara 18CV337662 Reviewed By: A Adefris 18CV337662 AWORNEV 0R PARTY WITHOUT ATTORNEY (Name, SIMnumber, and address): JANET L. BROWN CA# 208502 IJESSICA M. GARCIA CA# 314298 / TINA HUTSON CA# 320537 ZWICKER E ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 1320 WILLOW PASS ROAD. SUITE 730 CONCORD. CA 94520 TELEPHONE N0.: (925)689-7070 TELEPHONE N0.: (925)689-7070 E-MAIL ADDRESS (Optional).- ZACNLITIGAT|ON@ZW|CKERPC.COM ATTORNEVFORmame): U.S. BANK NATIONAL ASSOCIATION n PLD-c-oo1 \ha' FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. FIRST STREET MAILING ADDRESS: 191 N. FIRST STREET CITY AND ZIP CODE: SAN JOSE, CA 951 1 3-1 090 BRANCH NAME: MAIN COURTHOUSE PLAINTIFF: U.S. BANK NATIONAL ASSOCIATION DEFENDANT: VALERIE YOSH CHRISTENBERRY and DOES 1-10, inclusive D Does1To 10 CONTRACT E COMPLAINT D AMENDED COMPLAINT (Number): D CROSS-COMPLAINT D AMENDED CROSS-COMPLAINT (Number): Jurisdlction (check aII that apply): ACTION ls A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) D ACTION Is RECLASSIFIED by this amended complaint or cross-complaint i D from limited to unlimited | D from unlimited to limited CASE NUMBER: 1. Plaintiff‘ (name or names): U.S. BANK NATIONAL ASSOCIATION alleges causes of action against defendant“ (name or names): VALERIE YOSH CHRISTENBERRY and DOES 1-10, inclusive 2. This pleading, including attachments and exhibits. consists of the following number of pages: 1 3. a. Each plaintiff named above is a competent adult E except plaintiff (name): U.S. BANK NATIONAL ASSOCIATION (14) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) E other (specify): U.S. Bank National Association is a national banking association organized under the laws of the United States of America. b. D Plaintiff (name): a. D has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. D has complied with all licensing requirements as a licensed (specify): c. D Information about additional plaintiffs M10 are not competent adults is shown in Attachment Sc. 4. a. Each defendant named above is a natural person D except defendant (name): D except defendant (name): (1) D a business organization. form unknown (1) D a business organization, form unknown (2) D a corporation (2) D a corporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify): (5) D other (specify): ‘ lflhis farm is used as a cross~cmnplamL plainliffmcans cruss~complainanl and defendanl means cross-defcndanl, Page l 0” Form Appmvcd for Optional Use Judicia! COMPLAINT-Contract (‘ndc oan-II Pmccdurc. § 425 12 Council ofCaIIfomia PLD-C-OOI [Rev January l. 2007] n fl PLD-c-oo1 SHORT TITLE: u CASE Nu MBER: U.S. BANK NATIONAL ASSOCIATION v. VALERIE YOSH CHRISTENBERRY and DOES 1-10, inclusive 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) D Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) E Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are not natural persons is contained in Attachment 4c. d. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D 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 subject to D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a D a defendant entered into the contract here. b. U a defendant lived here when the contract was entered into, c. E a defendant lives here now. d. D the contract was to be performed here. e. D a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real properly that is the subject of this action is located here. g. 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): D Breach of Contract X Common Counts D Other (specify): 9. Other allegations: 10. Plaintiff prays for such relief as is fair, just, and equitable; and for a. X damages of: $ 11,612.96 b. D interest on the damages (1) D according to proof (2) D at the rate of (specify): c. D attorney's fees (1) D of: $ (2) D according to proof. d. D Other (specify): 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date:WW2 ‘[ W I 1 TINA HUTSON #320537 > w ) (TYPE ox PRINT NAME) (SIGNATURE 0F PLAINTIFF 0R AWORNEY) (lfyou wish Io verifil Ihispleading, aflix a verification.) Page z of2 PLD'C'om [R¢\’- January L 2°07] COMPLAINT-Contract American LegalNel. Inc \ku- Fonnsu'or/xflau com fl .. SHORT TITLE: U.S. BANK NATIONAL ASSOCIATION v. VALERIE YOSH CHRISTENBERRY and DOES 1-1 0, inclusive U CASE NUMBER: FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENTTO Complaint D Cross-Complaim (Use a separate cause of action form for each cause of action.) CC-1.P|aintiff (name): U.S. BANK NATIONAL ASSOCIATION alleges thatdefendant (name): VALERIE YOSH CHRISTENBERRY , and DOES 1 through 10, inclusive, became indebted to plaintiff D othermame): a. X within the last four years (1) (2) E E on an open book account for money due. 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 withinthelast D two years E four years (1) (2) (3) (4) (5) (6) D D EDD for money had and received by defendant for the use and benefit of plaintiff. for work, labor. services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. D the sum of $ D the reasonable value. for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff E the sum of $1 1 ,612.96 D the reasonable value. for money lent by plaintiff to defendant at defendant's request. for money paid, laid out, and expended lo or for defendant at defendant's special instance and request. other (specify): For credit extended on the account issued by Plaintiff to Defendant(s) for purchases and/ or cash advances by Defendant(s) and/or persons with Defendant(s)‘ permission. The account is identified as credit account ending in 1030. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 1030 attached as Exhibit ”".A The Plaintiff has performed all conditions precedent to bringing this action or the same have been waived by the Defendant(s). CC-Z. $, which is the reasonable value. is due and unpaid despite plaintiff's demand, plus prejudgment interest D according to proof U at the rate percent peryear from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute D of$ D according to proof. CC-4. X Other: $11,612.96, which is the fixed and agreed amount due and unpaid despite Plaintiff's demand. Form Approved fur Optional Use Judicial Council ofCalifomia PLD-C-oouz) [Rm Jammy I. 2009] Page Three Page l afl CAUSE 0F ACTION-Common Counts 0"“°‘C‘Vi15figggggfiggg EXHIBIT A ma O @bankg January 2016 Statement Open Date: 12/12/2015 Closing Date: 01/13/2016 U.S. Bank Premier Line VALERIE YOSH CHRISTENBERRY O Page 1 of 2 1030 fl 1-866-41 1 -2o79 8 Account: Customer Service BNK 20 LOC 8 New Balance $1 1 .61 2.96 Minimum Payment Due $1 ,985.00 Payment Due Date 02/09/2016 Late Payment Warning: H we do not receive your minimum payment by the date listed above, you may have 10 pay up to a $37.00 Late Fee. Mlnlmum Payment Warnlng: If you make only the minimum payment each period, you will pa more in interest and It will take you longer to pay o your balance. For example: If you make no You will pay o" And you will additiona! charges the balance shown end up paying using this card and on this statement an estimated each month you in about... total of.“ pay... Only the mlnimum 14 years $18,897 payment $385 3 years $13,884 (Savings: $5.013) If you would like information about credit counseling services, call 866-951 - 1 391. Activity Summary Previous Balance + $1 1,488.33 Payments $0.00 Other Credits $0.00 Purchases $0.00 Balance Transfers $0.00 Advances $0.00 Other Debits $0.00 Fees Charged $0.00 Interest Charged + $1 24.63 New Balance = $1 1 ,612.96 Past Due $1 ,745.00 Minimum Payment Due $1,985.00 Credit Line $1 1 200.00 Available Credit None Days in Billing Period 33 Paying the New Balance in full will not pay o” your account, please call Customer Service for the payoff amount. Pa ment Op ions: w- wlth a check Mail payment coupon \Kz Pay online atusbankmm I Pay at your localFay by phone / \ U‘S‘ Bank branch1-866-41 1-2079 Please detach and send coupon with check payable Io: U.S. Bank Ebank. 24-Hour Cusiomer Service: 1-866-41 1 -2079 ‘I . to pay by phone I . to change your address 000026244 1 AB 0‘416 000638416782102 P VALERIE YOSH CHRISTENBERRY 547 ELVIS DH SAN JOSE CA 95123-4832 IIHIIIIIIIII'llIIIIIIIIIIIIIHIIIIIIllllll'llll"'llllllllllllll Account Numbel 1030 Payment Due Dale 2/09/201 6 New Balance $1 1 ,61 2.96 Mlnlmum Payment Due $1 .985.00 Amount Enclosed $- U.S. Bank P.O. Box 790408 St. Louis, MO 63179-0408 5 What To Do I1 You Thlnk You Flnd A Mistake :n Vour Statement : If you think there is an error on your statement. please call us al the telephone number on the front of this statement. or write to us at: Cardmember Service. P.O. Box 6335. Fargo, ND 581 25-6335. In your letter or call. give us the following information: Account lnformallon: Vour name and account number. Dollar amount: The dollar amount of the suspected error. Descrlpuon of Problem: H you think there is an error on your bin, describe what you believe is wron and why you believe it is a mistake. mu must contact us wilhin 60 days after the error appeared on your statement. While we investigate w ether or not there has been an error. theo owing ave true: D We cannot try to collect the amount in question. or report you as delinquent on that amount. b The charge in question may ramaln on your statement. and we may continue to charge you interest on that amount. But, it we determine lhat we made a mistake, you will not have lo pay the amount in question or any interest or other fees related to that amount > While you do not have to pay the amount in question, you are responsible for the remainder of your balance. > We can apply any unpaid amount against your credit limit. Your nghts If You Are Dissatisfied Wllh Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good laith to correct the problem with (he merchant. you may have the right not to pay the remaining amount due on the purchase. To use this right, all 01 lhe lollowing must be true: 1. The purchase must have been made in your home slate or within 100 miles oi your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary il your purchase was based on an advertisement we maiied to you. or if we own the company [hat sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your cred" card account do not qualify. 3. You must not yet have fully paid for the purchase. If aN 01 lhe criteria above are met and you are still dissatisfied with the purchase, contacl us in writing at: Cardmember Service. P.O. Box 6335. Fargo. ND 58125-6335. While we Investigate, the same rules apply lo the disputed amount as discussed above. After we finish our investigation we will tell you our decision. At ihat point, il we think you owe an amount and you do not pay we may report you as delinquent. Im orlant lnlormation Regarding Your Accoum 1. NTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: We calculate the periodic rale or interest portion oi the INTEREST CHARGE by multiplying the applicable Daily Periodic Rate ("DPR") by lhe Average Dally Balance ("A08") (including new transactions) of Ihe Purchase, Advance and Balance Transier categories subject lo interest. and then adding together lhe resulting interest from each category. We determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in each category. we add together the daily balances in those categories for the billing cycle and divide the vesult by the number of days in lhe billing cycle. We determine the daily balances each day by taking lhe beginning balance o! those Account categories (including any billed but unpaid interest. fees. credit insurance and other charges), adding any new interest, fees. and charges. and subtracting any payments or credits applied against your Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for those categories on the later of ihe transaction date or lhe irst day 01 lhe statement period. Billed but unpaid interest on Purchases, Advances and Balance Transfers is added lo the apptopriale balances tor those categories each monlh on lhe statement dale. Bitled but unpaid Advance Transaction Fees are added to lhe Advance balance o! your Account on the date they are charged lo your Account. Any billed bu‘ unpaid fees on Purchases, credii insurance charges, and other charges are added to lhe Purchase balance of the Account on the date they are charged to the Aocount. Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance o! the Account on lhe date they are charged 10 the Account, In other words, billed and unpaid interest tees. and charges will be included in the ADE oi your Account that accrues interest and will reduce lhe amount of credit available to you. Credit insurance charges are not included in the ADB calculatlon for Purchases until lhe first day 01 the billing cycle following the date the credit insurance premium is charged lo the Account. Prior statement balances sub'ecl to an interest-free period that have been paid on or before the payment due date in the current billing c cle are not included in the A B calcula‘ion. Note for Premier Llne Plus Accounts: If your periodic statement shows a liered balance in the nlerest Charge Calculation Section, lhe interes portion of the periodic interest charge is calculated as noted above, with the following exceptions: The Standard Rate Average Daily Balances will be calculated individually by Purchase. Advance and Balance Transler. The Tier One Price Discount and Tier Two Price Discount Average Daily Balances will be calculated individually b the rate tier. 2. Payment Intorrnallon: You must pay us in .S, Dollars wilh checks or similar payment instruments drawn on a financial instilution located in the United States. We will also accept payment in U.SA Dollars via lhe Internet or phone or previously established automatic payment transaction. We may. at our option, choose to accept a payment drawn on a toreign financial institution. However. you will be charged and agree to pay any collection fees required in connection with such a transaction. T e date you mail a payment is different than the date we receive that payment. The paymenl date is lhe day we receive your check or money order at U.S. Bank National Association. P.O. Box 790408, St. Louis, MO 631 79-0408 or the day we receive our electronic or phone payment. All payments by check or money order accompanied by a gaymem coupon and received at this payment a dress will be credited to your Account on the day of readeift if received by 5:00 p.m. CT on any anking day. Mailed paymenls that do not include the payment coupon and/or are mailed to a dmerent a ress will be processed within 5 banking days of receipt and credited to your Accounl on the day of receipt. In addition. i1 you mail our aymem without a paymenl coupon or lo an incorreci address. it may result in a delayed credit to your Account, additional INTEREST CHA G , tees, and possible suspension oi your Account. Internet and telephone payment options are available. and crediting times vary (but generaliy must be made before 5:00 pm. CT lo 8 p.m. CT depending on what day and how the payment is made). If you are making an internet or telephone payment. please contact Cardmember Service for times specific togour Account and your payment option. Banking days are all calendar days except Saturday, Sunday and federal holidays. Payments due on a aturday. Sunday or federal holiday and received on those days will be credited on the day of receipt There is no prepayment penalty if you pay your balance at any time prior to your payment due dale. 3. Credit Reporting: We may report information on your Account to Credit Bureaus. Lale paymenls. missed payments or other defaults on your Account may be reflected in your credit report. O O Ebanke January2016 Statement 12/12/2015 - 01/13/2016 Page 2 of 2 VALERIE YOSH CHRISTENBERRY Customer Service c 1-866-41 1 -2o79 Important Messages There_is no interest-free period for trargsactions that fiost to the Account exce tas provided in any Offer Materials. Transactions are subject to Interest fromt e date they post to the ccount until the date they are paid in full. Your account is seriously past due. We have very attractive settlement and reduced interest/payment programs. We urge you to call us at 1-877-838-4346. Each time you or a third party on your behalf, pays your bill by personal check, you authorize us to co.nvert that paJment into an electronic debit. If the check is processed electronically, the checking account WIII be debite for the amount on the check and the debit wnll appear on your account statement. lf you have any questions, please contact us at the Inquiries phone number located on this statement. Interest Charged Post Date Transaction Description Amount 01/1 3 INTEREST CHARGE ON PURCHASES $1 16.39 01/13 INTEREST CHARGE ON CASH ADVANCES $8.24 TOTAL INTEREST THIS PERIOD $1 24.63 _ 2016 Totals Year-tqDale Total Fees Charged in 2016 $0.00 Total Interest Charged in 2016 $124.63 Interest Charge. Calculation Your Annual Percentage Hate (APR) ls the annual Interest rate on your account. “APR for current and future transactions. Balance Annual Expires Balance Subject to Imeresl Percentage wllh Balance Type By Type Interest Hate Varlable Charge Rate smemenl “BALANCE TRANSFER $0.00 $0.00 YES $0.00 12.00% “PURCHASES $10,844.50 $10,728.11 YES $116.39 12.00% “ADVANCES $768.46 $760.22 YES $8.24 12.00% Contact Us I ' - . \ m . . Phone "3; Questions E Mall pa ment coupon 9 , Onllne" ‘ with a c‘eck \) Voice: 1-866-411-2079 Customer Service U.S. Bank usbank.com TDD: 16883526455 P.O. Box 6352 P.O. Box 790408 Fax: 18665687729 Fargo, ND 58125-6352 St. Louis, MO 63179-0408 End at Statement 7
