Complaint Limited Up to 10K

Cal. Super. - 6th Dist.November 24, 2020

E-FILED 11/24/2020 2:19 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373983 Reviewed By: R. Tien 20CV373983 \OOONOUIAWNH NNNNNNNNNH-du-IH-db-n-Hw.‘ OONQUIAWNHOOWNQMAwaflo Brian N. Winn (State Bar No. 86779) Laura M. Hoalst (State Bar No. 101082) Jacky P. Wang (State Bar No. 222464) Jason M. Burrows (State Bar No. 309882) Cherrie Y. Tan (State Bar No. 324871) Katrina Trinh (State Bar No. 327357) Juan Villanueva (State Bar N0. 328049) Winn Law Group, A Professional Corporation 1 10 E Wilshire Ave Ste 212, Fullerton CA 92832 Telephone: (714) 446-6686, Fax No.: (714) 446-6680 File No: 20-O9092-0-DA1-JPG- (3000-00) Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY, SAN JOSE DISTRICT DISCOVER BANK, Case No. Plaintiff, "Limited Liability Case" vs. VINCENT VU, COMPLAINT FOR COMMON COUNTS DOES 1 to 10, Inclusive, DEMAND AMOUNT: $7, 124.22 Defendant(s), Plaintiff, DISCOVER BANK, is and at all times herein mentioned was, a corporation. Plaintiff is the issuing bank for Discover Card credit card accounts. 1. The true names and capacities of Defendants herein sued by the fictitious names as DOES 1 to 10, Inclusive, are unknown to Plaintiff, who therefore sues those Defendants under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil Procedure. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendants named herein as DOES 1 to 10 have been ascertained. 2. At all times herein mentioned, Defendants, and each 0f them, were the agents, servants Page 1 COMPLAINT FOR COMMON COUNTS N \OOONQUIAUJ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and employees of each other and every remaining Defendant, and in doing the things alleged, were acting in the course and scope 0f said authority of such agents, servants, and employees. 3. Plaintiff is now and was at all times herein mentioned an FDIC insured Delaware State bank. 4. Plaintiff is informed and believes and thereon alleges that Defendant VINCENT VU is an individual who resides in the City of San Jose, County of Santa Clara, State of California. 5. Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the Defendant(s) in writing that it intended to file this action and that this action would result in a judgment against Defendant(s) that would include court costs and necessary disbursements allowed by C.C.P. § 1033(b)(2). FIRST CAUSE OF ACTION Account Stated Against All Defendants 6. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 5 of this complaint with the same force and effect as if set forth at length herein. 7. On February 25, 2020, defendants were indebted to plaintiff in the amount of $7,125.47 on an account stated in writing. This account was for credit card purchases and/or cash advances on the credit account issued by Plaintiff for which Defendant was billed monthly and failed to dispute as required under the Federal Fair Billing Act applicable to such account (15 USC § 1666 et seq.). 8. Subsequently, the Plaintiff applied credits/adjustments to the account. Therefore, Page 2 COMPLAINT FOR COMMON COUNTS AWN \OOONQUI 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is seeking recovery of the account balance for the sum of $7,124.22. 9. Plaintiff made demand on defendants for payment of that sum, but no part of that sum has been paid to plaintiff, and the entire amount is now due, owing and unpaid, in the principal amount of $7,124.22 and costs of suit. SECOND CAUSE OF ACTION Money Lent (Against All Defendants) 10. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 9 of this complaint with the same force and effect as if set forth at length herein. 1 l. Within the last three years, Defendant became indebted to Plaintiff in the amount of $7, 1 25.47 for money lent to or paid out for the benefit of Defendant at his/her request, based on Defendant's use and benefit of his/her account. 12. Subsequently, the Plaintiff applied credits/adjustments to the account. Therefore, Plaintiff is seeking recovery of the account balance for the sum of $7,124.22. 13. Neither the whole nor any part of the above sum has been paid, although payment has been demanded, leaving a balance due, owing and unpaid to Plaintiff in the principal amount of $7,124.22 and costs of suit. /// /// Page 3 COMPLAINT FOR COMMON COUNTS AWN \OOONOKJI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, plaintiff prays for judgment against defendants, and each of them, jointly and severally, as follows: FOR THE FIRST CAUSE OF ACTION (1) Damages in the sum $7,124.22; (2) Costs of Suit and post judgment interest according to California statute; (3) Such other relief as the Court may deem just and proper. FOR THE SECOND CAUSE OF ACTION (1) Damages in the sum of $7,124.22; (2) Costs of Suit and post judgment interest according to California statute; (3) Such other relief as the Court may deem just and proper. WINN LAW GROUP, A P.C. Dated: November 20, 2020 fl /- [] ian N. Winn [ Laura M. Hoalst [ ] Jacky P. Wang [ ] Jason M. Burrows [ ] Cherrie Y. Tan [ ] Katrina Trinh [ ] Juan Villanueva Attorney for Plaintiff Page 4 COMPLAINT FOR COMMON COUNTS