Complaint Limited Up to 10K

Cal. Super. - 6th Dist.June 3, 2019

E-FILED 6/3/2019 3:09 PM Clerk of Court Superior Court of CA, County of Santa Clara 19CV349066 Reviewed By: Yuet Lai 19CV349066 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Ba!Hum and addrsss): FOR COURT USE ONLY Pantea Sharifi (292666) Jennifer Wong (297398) Kelsey Handcock (3 13063) The Moore Law Group, APC / P.O. Box 25145, Santa Ana, CA 92799 TELEPHONE N0: 800_506_2652 FAX NO. (Optional): EMAIL ADDRESS (Optional): ATTORNEY FOR (Name).- Plaintiff SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F Santa Clara STREET AD°RESS“191 North First Street “’“L'WDDRESS'San Jose CA 951 13 CITY AND ZIP CODE: BRANCH NAME: PLA'NT'FF‘ Discover Bank DEFENDANT: Christopher S Marsland E Does 1 To CONTRACTm COMPLAINT E AMENDED COMPLAINT (Number): DeRosscompLAm-r E AMENDED CROSS-COMPLAINT (Number): Jurlsdlctlon (check all that apply):E ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 :1 ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by thls amended complaint or cross-complalntE from limited lo unlimitedE from unlimited to limited CASE NUMBER PLD-WO! [Rem January 1. 2007] _ 1. Plamuff’ (name or names): Discover Bank alleges causes of action against defendant (name or names): Christopher S Marsland 2. This pleading. including attachments and exhibits. consist of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adultE except plaintiff (name): Discover Bank (1) Ea corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) mother (specify): Corporation b. E Plaintiff (name): a. Dhas complied wlth 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. 4A a. Each defendant named above is a natural personE except defendant (name): E except defendant (name): (1) E a business organ'zafion. form unknown (1) E a business organization. form unknown (2) E a corporation (2) E a corporation (3) E an unincorporated entity (dgscribe): (3) E an unincorporated entity (describe): (4) E a public entity (describe): (4) E a public entity (describe): (5) E other (specify): (5) E other (specify): ' If W5 '0'?“ is wed 35 a mmmma'nl. pla'wmm means mssmplainanl anu aerenuam means cross-oeiendam. Page 1 of z megmyggmgfl COMPLAmT-Contract cmmcmmmawm American LsgalNel. Inc. www.Forms Warkflowwm PLD-C-001 SHORT TITLE: CASE NUMBER Discover Bank V. Christopher S Marsland 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E 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 (specifi/ Doe numbers): ' - are persons whose capacities are unknown to plaintiff. c. E lnfonnation 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. E Plaintiff is required lo comply with a claims statute. and a. E has complied with applicable claims statutes. or b. D is excused from complying because (specify): 6. D This action is subject to E Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b. D a defendant lived here when the contract was entered into. c, a defendant lives here now. d. the contract was to be performed here. e. E a defendant is a corporation or unincorporated association and its pn'ncipal place of business is here. f. E real property that'rs the subject of this action Is located here. g. D other (special): 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 ofContract m Common Counts E Other(specim: 9. E Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just. and equitable; and for a. m damages of: $ 835 1 _81 b. E intereston the damages (1) D according to proof (2) E at the rate of (special): percent per yearfrom (date): ** Plaintiff waives post charge-off C‘ E attorneys fem ** Plaintiff waives attorney’s fees prejucigment intere“ (1) D of; s (2) D according to proof. d’ § “her (Specify): Costs of suit and post judgment interest according to statute. 11. E The paragraphs ofthis pleading alleged on information and beliefare as follows (specifir paragraph numbers): Date: D Pantea Sharifi Mennifer Wong N B 3 2mg E] Kelsey Handcock y (TYPE OR PR|NT NAME) (SIGNATURE OF PLAIW OR TORNEY) (Ifyou wish to verify this pleading, affix a venfication.) PLDvc-om [Rem January 1. 2007] COMPLAINT_c°ntract Page 2 o! 2 PLD-C-OO1 (2) SHORT TITLE: Discover Bank V. Christopher S Marsland CASE NUMBER: FIRST (number) CAUSE OF ACTION-Common Counts ATFAGHMENT TO m Complaint E. Cross- Complaint (Use a separate cause of action form for each cause ofaction.) CC-1. Plaintiff (name): Discover Bank alleges thatdefendant (name): Christopher S Marsland became indebted to E plaintiff D other (name): a. E withinthelastfouryears (1) m (2) m on an open book account for money due.because an account was stated in wn'ting by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. m withinthelast E twoyears m fouryears (1) E (2) E] (3) E (4) E (5) m (5) E CC“ 8351.81 plus prejudgment interest E according to proof D at the rate of percent per year 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 requmt of defendant and for which defendant promised to pay plaintiff.E the sum of $D the reasonable value. for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintifiE the sum of $E the reasonable value. for money lent by plaintiff lo defendant at defendant's request. for money paid, laid out. and expended to or for defendant at defendant's special instance and request. Other {Specify}: This cause of action relates to the Discover Bank credit card having account number XXXXXXXDQQQOC4206. ,which is the reasonable value. is due and unpaid despite plaintifi‘s demand, {mm (date): ** Plaintiff waives post charge-off prejudgment CC-3. D Plaintifiisaaiifled to attorney fees by an agreement or a statuteE of$D according to proof.** Plaintiff waives attorney’s fees 004- Q Othefi Costs of suit and post judgment interest according to statute. Page 3 Page 1 of 1 Form Approved [or O lional Use _. _c Code ofC' 'l Prooed re. 425.12 JudidalCoundlctgal‘rfomSa CAUSE OF ACTION ommon counts Mwww.m:ninfg.w.gov PLD-C-OOI(2) [Rem January 1, 2009] Amerimn LegalNet. Inc. www.FormsWontIJaw.c0m