Complaint Limited Up to 10K

Cal. Super. - 6th Dist.January 20, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 1/20/2021 8:03 AM Erin E. Patterson, SBN 262285 Clerk 9f court fJason W. Tang, SBN 314337 SUper'Or court 0 CA, Bora Song, SBN 329308 County of Santa Clara Patrick J. Layman, SBN 59643 21 CV376476 Thomas J. Sebourn, SBN 279272 Reviewed By: M_ Domir Nicholas J. Babilis, SBN 291676 Carina M. Jordan, SBN 302099 SUTTELL & HAMMER, APC P.O. Box C-90006 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 Facsimile: (425) 453-3239 california@suttelllaw.com Attorneys for Plaintiff s/h 760028.001 SUPERIOR COURT OF CALIFORNLA, FOR THE COUNTY OF SANTA CLARA LIMITED CIVIL JURISDICTION JPMorgan Chase Bank, N.A. NO. Plaintiff, COMPLAINT FOR DAMAGES vs. Common Counts: Book Account, Account Stated KEVIN CANTRELL PRAYER AMOUNT: $6090.36 Defendant. PLAINTIFF ALLEGES CAUSES OF ACTION AS FOLLOWS: GENERAL ALLEGATIONS 1. Plaintiff is a national banking association and is qualified to d0 business in the State 0f California. 2. Defendant is a natural person. 3. Defendant currently resides in this judicial district, therefore, jurisdiction and venue are proper in this court. 4. The claims sued upon herein were made and entered into. The claims sued upon herein are due and payable in this judicial district and/or county, and are not subj ect t0 the COMPLAINT FOR DAMAGES - 1 SUTFELL & HAMMER, APC PO Box C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX Iguez 21CV376476 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provisions 0f Sections 1812.10 and 2984.4 0f the California Civil Code, Section 395(b) 0f the California Code 0f Civil Procedure. 5. That at all times material, Defendant has been the obligor of a certain credit card account bearing number XXXXXXXXXXXX1647, and that Defendant agreed by the use 0f said credit card: (1) t0 assume responsibility for all credit extended 0n the basis 0f said account; (2) to pay monthly upon the unpaid account balance, including any and all service charges; and (3) upon default in payment, that all obligations shall become immediately due and payable; and Defendant has defaulted on said agreement. 6. By the use 0f said credit account, Defendant has become indebted 0n said account in the amount of $6090.36, which is due and unpaid despite Plaintiff’s demand. CAUSES OF ACTION - COMMON COUNTS 7. Plaintiff realleges and incorporates herein the allegations set forth above. FIRST CAUSE OF ACTION: OPEN BOOK ACCOUNT 8. Defendant became indebted to Plaintiff Within the last three (3) years 0n an open book account for money due. 9. Plaintiff kept an account of the debts and credits involved in the transactions. 10. Defendant owes Plaintiff the sum total 0f $6090.36, for a balance due 0n a book account for money paid, lines of credit extended, and/ or funds expended by or for Defendant. SECOND CAUSE OF ACTION: ACCOUNT STATED 11. Defendant became indebted to Plaintiff Within the last three (3) years on an account stated. 12. Defendant, by words 0r conduct, agreed that the amount stated in the account was the correct amount owed to Plaintiff and promised to pay the stated amount. COMPLAINT FOR DAMAGES - 2 SUTFELL & HAMMER, APC PO Box C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. T0 date, Defendant has not paid any 0r all 0f the amount owed under this account. 14. Defendant owes Plaintiff the sum total 0f $6090.36, for a balance due 0n an account stated for money paid, lines 0f credit extended, and/or funds expended by or for Defendant. PRAYER FOR RELIEF: Plaintiff prays for judgment against Defendant as follows: A. For damages in the amount 0f $6090.36, less any payments made; B. For any other relief as the court deems just and equitable. Dated January 15, 2021 Respectfully Submitted, SUTTELL & HAMMER, APC“W ( ) Erin E. Patterson, SBN 262285 ( ) Jason W. Tang, SBN 314337 ( ) Bora Song, SBN 329308 ( )Patrick J. Layman, SBN 59643 ( )a Thomas J. Seboum, SBN 279272 ( )Nicholas J. Babilis, SBN 291676 ( ) Can'na M. Jordan, SBN 302099 Attorneys at Law s/h 760028.001 COMPLAINT FOR DAMAGES - 3 SUTFELL & HAMMER, APC PO Box C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX