Complaint Limited 10K and 25KCal. Super. - 6th Dist.November 20, 2020PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 / WILLIAM BELLOR-YEH CA# 331017 : Fl LED FOR COURT USE ONLY '1 1/20/2020 3:39 PM ZWICKER & ASSOCIATES, P.C., A Law Firm Engaged in Debt Collection Clerk of Court 1320 WILLOW PASS ROAD, SUITE 730 h . C f CACONCORD, CA 94520 ?‘Uperlor OUI't 0 , TELEPHONE No.: (925)689-7070 TELEPHONE No.: (925)689-7070 fuounty Of santa Clara E-MAILADDRESS (optional); ZACNLITIGATION@ZWICKERPC.COM ZOCV373876 IATTORNEY FOR(Name): GOLDMAN SACHS BANK USA SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 N. FIRST STREET MAILING ADDRESS: 191 N. FIRST STREET CITY AND ZIP CODE: SAN JOSE, CA 951 13-1 090 BRANCH NAME: MAIN COURTHOUSE PLAINTIFF: GOLDMAN SACHS BANK USA Reviewed By: R. Tien DEFENDANT: PAULINE DAVID and DOES 1-10, inclusive D DOES1T0 10 CONTRACT E COMPLAINT D AMENDED COMPLAINT(Number): D CROSS-COMPLAINT D AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $1 0,000 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 D from limited to unlimited D from unlimited to limited 1. Plaintiff* (name or names): GOLDMAN SACHS BANK USA alleges causes of action against defendant* (name or names): PAULINE DAVID and DOES 1-1 0, inclusive CASE NUMBER: 20CV373876 2. This pleading, including attachments and exhibits, consists of the following number of pages:i 3. a. Each plaintiff named above is a competent adult X except plaintiff (name): GOLDMAN SACHS BANK USA (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) E other (specify): Plaintiff is a New York State-chartered bank and member of the FDIC. 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 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): * Ifthis form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. COMPLAINT-Contract Page 1 of 2 Form Approved for Optional Use Judicial Code 0f Civil Procedure, § 425.12 Council 0f California PLD-C-001 [Rev. January 1, 2007] PLD-C-001 SHORT TITLE: CASE NUMBER: GOLDMAN SACHS BANK USA V. PAULINE DAVID 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) g Doe defendants (specify Doe numbers): 1-1 0 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): 6D This actionis subjectto D CiviICode section1812.1o D CiviICode 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. 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): DDEDfi sernsvslo 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 E Common Counts D Other (specify): 9. Other allegations: 10. Plaintiff prays for such relief as is fair, just, and equitable; and for a. E damages of: $ 24,248.18 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): [x] JANET L. BROWN #208602 [ ]JESSICA M. GARCIA #314298 [ ]WILLIAM BELLOR-YEH #331017 > WgMW (TYPE OR PRINT NAME) y (SIGNATURE OF PLAINTIFF OR ATTORNEY) (Ifyou wish t0 verifi/ this pleading, affix a verification.) Page 2 of2 PLD-C-OOl [Rev. January 1, 2007] COMPLAINT_C0ntract SHORT TITLE: GOLDMAN SACHS BANK USA v. PAULINE DAVID and DOES 1-10, inclusive CASE NUMBER: FIRST CAUSE OF 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.P|aintiff (name): GOLDMAN SACHS BANK USA alleges thatdefendant (name): PAULINE DAVID, and DOES 1 through 10, inclusive, becameindebtedto g plaintiff D other(name): a. fi within the last four years (1) X 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. E withinthelast D two years g fouryears (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) D for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff D the sum of $ 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) g other (specify): For a loan issued by Plaintiff to Defendant(s) upon request by the Defendant. The loan is identified as account ending in 641 1. 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 6411 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-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 of $ according to proof. CC-4. E Other: $24,248.18, which is the fixed and agreed amount due and unpaid despite Plaintiff’s demand. Form Approved for Optional Use Judicial Council of California PLD-C-001(2) [ReV. January 1, 2009] Page Three Page 1 of 1 CAUSE OF ACTION-Common Counts C0de°fCiVflPr°°edme’ § 425‘”www. courtinfo. ca.gov EXHIBITA mm Marcus: by Goldman Sachsm P.O. Box 4545, Salt Lake City, UT84’I 45-0405 April 21, 2020 Pauline David 6411 5850 Pala Mesa Dr SAN JOSE, CA 951 23 Original Loan Amount Principal Paid to Date Remaining Principal Balance $25,000.00 $1,779.58 $23,220.42 Interest Rate Interest Paid to Date Remaining Interest Balance 10.99% $675.44 $1,027.76 Total Outstanding Balance $24,248.18 Transaction Event Interest PaidPrincipal Paid Principal Balance 01/08/2019 Disbursement -$25,000.00 -$25,000.00 $.00 $25,000.00 02/08/2019 Loan Repayment $818.34 $592.52 $225.82 $24,407.48 03/11/2019 Loan Repayment $818.34 $605.22 $213.12 $23,802.26 04/11/2019 Loan Repayment $818.34 $581.84 $236.50 $23,220.42 09/04/2019 Charge-Off N/A N/A N/A $23,220.42 All transactions, amounts and balances are as of April 21, 2020. Any transaction made after April 21, 2020 may not be reflected. Marcus by Goldman Sachs® is a product of Goldman Sachs Bank USA. All loans issued by Goldman Sachs Bank USA, Salt Lake City Branch. © 2020 Goldman Sachs Bank USA. All rights reserved. Member FDIC. Have questions? Visit Marcus.c0m Let’s Chat. CallTOll-Free 1-844-MARCUS-2 1-844-627-2872 Page 5