Complaint Limited 10K and 25KCal. Super. - 6th Dist.May 28, 2019E-FILED 5/28/2019 1:51 PM Clerk of Court Superior Court of CA, County of Santa Clara 19CV348871 Reviewed By: L Del Mundo 19CV348871 m fl PLD-c-oo1wrATTORNEY OR PARTY WITHOUT ATI'ORNEY (Name, SIM number. and address): FOR COURY USE ONLY JANET L. BROWN CA# 208602 l JESSICA M. GARCIA CA# 314298 l ANDREW GOKOFFSKI CA# 321272 ZWICKER 8. ASSOCIATES. P.C.. A Law Firm Engaged in Debt Collection 1320 WILLOW PASS ROAD. SUITE 730 CONCORD. CA 94520 TELEPHONE No.: (925)689-7070 TELEPHONE N0.; (925)689-7070 E-MAIL ADDRESS (Optional): ZACNLITIGATION@ZWICKERPC.COM AWORNEY FOR(Name): AMERICAN EXPRESS NATIONAL BANK SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. FIRST STREET MAILING ADDRESS: 191 N. FIRST STREET crrY AND ZIP CODE: SAN JOSE, CA 951 13-1 090 BRANCH NAME: MAIN COURTHOUSE PLAINTIFF: AMERICAN EXPRESS NATIONAL BANK DEFENDANT: TU NGUYEN AKA TU ANH NGUYEN and DOES 1-10, inclusive D Does1To 10 CONTRACT E COMPLAINT D AMENDED COMPLAINT (Number): D cnoss-COMPLAINT D AMENDED CRoss-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBER ACTION Is A LIMITED CIVIL CASE ' Amount demanded does not exceed $1 0,000 exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) D ACTION IS RECLASSIFIED by thls amended complaint or cross-complaint D from limited to unlimited D from unlimited to limited 1. Plaintlfl“ (name or names): AMERICAN EXPRESS NATIONAL BANK alleges causes of action against defendant“ (name or names): TU NGUYEN AKA TU ANH NGUYEN and DOES 1-1 O, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages:l 3. a. Each plaintiff named above is a competent adult E except plaintiff (name): AMERICAN EXPRESS NATIONAL BANK (18) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) E other (specify): Plaintiff is a National Bank located in Utah. b. U 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 who are not competent adults is shown in Attachment 3c. 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): ‘ Iflhis form is used as a cross-cnmplaim, plainlifl‘ mans closs-complainanl Ind defendant means cross-defendam. Pig: l nrz Form Approved far Optional Us: Judicial COMPLAINT-Contract Cod: owail Procedure, § 425‘ l2 Council of California PLD-C-OOI (Rev. January l. 2007] n fl PLD-c-oo1VSHORT TITLE: " CASE NUMBER: AMERICAN EXPRESS NATIONAL BANK v. TU NGUYEN AKA TU ANH NGUYEN 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): 1-1 0 are persons whose capacities are unknown lo 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 subjecuo D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper coun because a. D a defendant entered into the contract here. . 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): ‘PflSDP-F’O' DDDDED 8. The following causes of action are attached and the statements above apply to each (each complain! 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 forjudgment for costs of suit; for such relief as is fair. just. and equitable; and for a. E damages of: $ 16,231 .57 b. U interest on the damages (1) D according to proof (2) U at lhe rate of (specify): c. D attorney's fees mm ofz$ (2)D accordingto proof. d. D Other (specify): 11. D The paragraphs of this pleading alleged on information and belief are as follows (specifi/ paragraph numbers): Date: MAY 2 8 2019 ET L. BROWN #208602 ]JESS|CA M. GARCIA #314298 ’ [ ]ANDREW GOKOFFSKI #321272 /' (TYPE ox mm NAME) (SIGNATUWMIFF ox Arrow“) (Ifyou wish to verifl» this pleading, aflix a verification) Page 2 orz PLD-C-Om {Rev January I- 20071 COMPLAlNT-Contract American LegaINcn Inc www FomsWor/flunucom fl SHORT TITLE: U CASE NUMBER: MERICAN EXPRESS NATIONAL BANK v. TU NGUYEN AKA TU ANH NGUYEN and DOES 1-10, inclusive FIRST CAUSE 0F ACTION-Common Counts (number) ATTACHMENT TO X Complaint D Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1.Plaintiff (name):AMERICAN EXPRESS NATIONAL BANK allegesthat defendant (name):TU NGUYEN AKA TU ANH NGUYEN, and DOES 1 through 10. inclusive, became indebted t0 X plaintiff D other (name): a. E within the last four years (1) 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 D two years X four years (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) D 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. (3) >3 for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff E the sum or $16,231 .57 D 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) E 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 2006. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (1 5 USC Section 1666 et seq.) See an account record for account ending in 2006 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). DD CC-2. $, which is the reasonable value, is due and unpaid despite plaintiff‘s demand, plus prejudgment interest D according to proof D at the rate percent per year from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute D of$ D according to proof. CC-4. E Other: $16,231 .57, which is the fixed and agreed amount due and unpaid despite Plaintiff‘s demand. Page Three Pile l o“ Form Approved fMOptionalUse C d fC' 'lPro ed . '425 12 JudicialCouncilorcmiromia CAUSE 0F ACTION-Common counts 0 w lvlm.:o..:;./:m gm PLD-C-00l(2) [Rem January l. 2009] EXHI_BI_T A mm Blue from AmeQI Express° TU ANH NGUYEN Closing Date 04/14/19 NWERICA" €55 O pA 1/3 Account Endlng 2006 a $16,231.57i New Balance ; Minimum Payment Due $1,273.30 i tncludesthe past dueamoumof $907.30 05/09/19* 3 L Payment Due Date ‘ Lat- Paymont Wuming: If we do no‘ receive your Minimum Payment Due by the Payment Due Date of 05/09/1 9. you may have to pay a iata fee of up to | | i | I $38.00 and your APRs may be incveased to the Penaity APR of 29.99%. Minimum Paymenl Warning: If you make only the minimum payment each period, you will pay more in Interest and it will take you longer to pay off your balance‘ For example: r And you wil-l Bay Sn estimated total of... fl fin make no additional You will pay ofl the balance charges and each month you shown on this statement in * pay.., about... 24 yeats $34.21 9 Onlythe Minimum Payment Due l J If you would like information about cred“ counseling services, call 1-888-73341 39. E See page 2 far important infmmalion about you: account. This statement is for information purposes only. This is not a bill. Please connct your collections agency for account information. Disregard the Minimum Payment Due, your account is in default and ‘he balance is due in full. CD Ja Please fold on the perfotation below. detach and return with your payment], a Pay by Computer rPayment Coupon americanexpvess com/pbcDo not staple or use paper clips TU ANH NGUYEN 2759 RAINVEW DR SAN JOSE CA 951 33-1 928 Pay by Phone 1-800-472-9297 Membership Rewards“ Points Available and Pending as of 03/31/19 0 For up to date point balance and full ptogram details, visit mam bershlprewa rds com Ecoum Symmary P(evious Balance $16,193.57 Payments/Credits 60.00 New Chaiges +£0.00 Fees +£38.00 Interest Charged +£0.00 r- r 77* -- 7 r \ i New Balance $16,231.57 i Minimum Paym-M Du. $1,273.30 Credit Limit $1 1,000.00 3 Cash Advance Limit $0.00 Days in BiIling Period: 30 EQfiomflQeLe Pay by Computer I americanexpressxomlpbc J Pay by Phone 1 -800472-9297 Customer Caro 1-888‘258-3741 [:93 See Page 2 for additional information. 2006 Enter 15 digit account n on all payments, Make check payable to American Express. Account Ending Payment Due Date 05/09“ 9 New Balance $16,231 .57 Minimum Pa men! Due 1,273.30 AMERICAN EXPRESS BOX 0001 LOS ANGELES CA 90096-8000 Check here ifyour address or phone number has changed. Note changes on reverse side. S AmouM Egcloscd TU ANH NGUYEN O Account Ending d2006 : P- 2’3 Paym-nts: Your payment must be sent to the payment address shown on your statemem and must be received by 5 pm local time at mat address to be credited as of the day it is received Payments we receive after 5 pm. will not be uedited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement,- (2) be made with a single check drawn on a US bank and payable in US dollars, or wrth a negotiable instrument payable In US dollars and cleafable through the US banking system, and (3) include youv Account number. If your payment does not meet all of the above requilemenls, crediting may be delayed and you may 'mcur late payment fees and add'monal imeyest charges. Electronic payments must be made through an electronic payment method payabie in US dollars and clearable through the US banking system If we accept payment in a foreign currency, we will convert it into US dollars a a convelsion rate that is acceptable lo us. unless a particular rate is requlred by law‘ Please do not send post-dated checks as they will be deposited upon receipt Any restrictive language on a payment we accept will have no effect on us without our expvess prior written approval. We wilt ye-presenl to you! financiai institution any payment that is returned unpaid. Permission for Eladronic Withdrawal: (1) When you send a check for payment, you give us permission to eiectmnically withdraw your payment from your deposit or other asset account. We will process checks electronically by tvansmitling the amount of the check, routing number. account number and (heck serial number to your financial institution, unless (he check is not processable electronically ora less costly process Is available. When we prozess your check electronically. your payment may be withdrawn from your deposit or other asset account as soon as the same day we teceive your check and you will not receive that cancelled check with your deposit or other asset account statement. If we cannot collect the funds electronically we may issue a drafl against your deposit or other asset account for the amount of the check. (2) By usmg Pay By Computer. Pay By Phone or any other electronic payment service of ours. you give us permisston to electvonically withdyaw funds from (he deposn or other asset account you specify in lhe amount you request. Payments using such services of ours Ieceived after 8:00 pm. MST may no! be credited unnl the next day. How We Calculate Your Balanu: We use the Average Daily Balance (ADS) me‘hod (including new transactions) to calculate the balance on which we charge interest on your Account. (all the Customer Cave number listed below tor more information about this balance computation method and how resulting interest charges are determined. The method we use r0 figure the ADB and inleren results in daily commanding olinlerest Paying Interest: Your due da‘e is at least 25 days afler the close of each billing period. We will not charge you Interest on your pur(hases If you pay each month youv entire balance (or Adjusted Balance if applicable) by the due date each month. We will charge you intelest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign Currency Charges: If you make a Charge in a foreign currenty, we will convert it imo US dollars on xhe date we or our agents process it WI will thug. a M of 2.7096 oi flu convened US dollar amount. We win choose a conversion late that is acceptable to us for that date. unless a particular rate Is requifed by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the pvior business day. This late may differ from takes In efiect on the date of your charge Charges convened by establishments (such as airlines) will be bilIed at the rates such establishments use‘ Credit Balm“: A credit balance (designated CR) shown on this statement represents money owed to your If wilhm the six-month penod following the date of (he first statement indicating the (term balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1 .00 or more Credit naporflng: We may report information about your Account to credit buleaus. Late payments, missed payments, or other defaults on your Account may be reflected in your uedit report. ‘ Wane punt clearly m Mu: or black ink oniy in the bones provided Deduct your payment from your bank I V \ ' I Cunomor Car- & Billlng Inquiries l-888-BLUE-741 Haring Impaired ‘ 1 Jmmzsum n'v: moan I-99so . 1 W-bslhz amencanexpvessrcom E 1 lntntnational Collect I-336-39y1 1 1 1 FAX: L62 377074442 ! “ g 1 Large Print a Braille Statements 1 -888-BLUE-741 In NY: I-8m522-1397 ‘ - Customer CI" i i 1-538-253.3741 j a Billing Inquiries Payments _} Cash Advanu It ATM: Inquirin I-SOO-CASH-NOW P0. BOX 981 535 80X 0001 IEL PASO. TX LOS ANGELES (A 79998-1 535 90096-8000 I ' E . L 1 --‘ shin“. o: Adar." “,7, .__ _ ,_ ,__._.WV,,.,__. _ H__,, 1mmW "m d° "m "“2 . Pay Your Bill with AutoPny a ' To change your nddvess anlme. Vim www amemanexptesszomlupdueconumnfo . ‘ ' Fov Name, Company Name, and Foreign Address or Phone changes please call Cuslomel Cue > Avo'd 1319 fees ‘ _ Save time I J 5"“. Mm!” I I I I I I l I I l I I I l I I I z account automatically each month I I I I I I I I I I _I I I I l I I I Vi I amulcanaxpnsuomI-utoéa; (my, sme I I I I I I I I I I I l I I I I today to enroll. Zip Cod: 5555:3232“ VI l | l I | | l I | \Afl'zrkcpohdoenaEM I I I l I I l I I I I Foil infatuation on how we protect your pnvlcy and to 5n ynurcommunlcahon Email I I Ind privacy choices. plane vlsil mamriumpmsumlpr’vuy. Blue from AmerQExpress” AMERKAN EX? 555 TU ANH NGUYEN Closing Date 04/1 4/1 9 p. 313 Accou nt Ending 2006 Fees Amount 04/09/1 9 Late Payment Fee $35.00 Tow Fees for this Period $35.00 Interest Charged Amount $0.00Total Interns! Charged lot this Parlod About Trolling Interest You may see Imerest on your next statement even ll you pay the new balance in full and on time and make no new chayges. This is called “trailing Interest " Trailing Interest is the interest chatged when, fur example, you didn't pay your previous balance In full. When that happens we charge Interest from the first day ofthe billing period until we receive your payment in full. Vou can avoid paying Interest on purchases by paying your balance In full and on time each month‘ Please see the "When we charge interest" sub-secuon in you! Cardmember Agreement fur details. 2019 Fees and Interest Totals Year-to-Date Amount Total Fees in 2019 $65.00 Total Interest in 2019 S 1 78.44 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Transactions Dam Annual Balance Interest Percentage Subjad to Charge From To Rate Interest Rat. Purchases 07/1 3/2007 1774996: (V) $0 00 $0.00 Cash Advances 07/1 3/2007 27 49% (v) 30,00 $0.00 Promotional Purchase Offer 1 0/1 6/201 8 6 9996 $0700 $0 00 Rate Expires 11/14/2019 then will go to 17.49% M‘ Ton! $0.00 (v) Variable Rue ‘ The APR for this balance is a promotional rate and rt wull expire on the date shown. Any balance at a promotional interest vale mat has not been paid in full by Its expiration date will begun accruing Interest at the 'go to’ APR shown following the expivation date.
