Complaint Limited 10K and 25KCal. Super. - 6th Dist.March 23, 20211334923 GURSTEL LAW FIRM, P.C. Gloria Zarco (CASB ¹199702) Kimberlee Tsai (CASB ¹227426) Rachel Haney (CASB ¹308259) 9320 East Raintree Drive Scottsdale, AZ 85260 Telephone: (877) 344-4002 Fax: (877) 750-6335 Attorneys for Plaintiff, Franklin Low Duration Total Return Fund SUPERIOR COURT OF THE STATE OF CALIFORNIA SANTA CLARA COUNTY - SAN JOSE COURT 10 12 13 14 15 Franklin Low Duration Total Return Fund Plaintiff, vs. Rodney Bray Defendant. Case No. COMPLAINT FOR MONEY DUE ON BREACH OF CONTRACT; MONEY LENT, PAID OR EXPENDED Prayer Amount: $10,S64.85 16 17 Franklin Low Duration Total Return Fund("Plaintiff') alleges causes of action against Rodney Bray ("Defendant" ) as follows: 19 20 21 22 23 24 25 26 27 28 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is a Delaware Statutory Trust. Plaintiff believes that, for valuable consideration, Defendant and WebBank entered into a written agreement on or about September 26, 2019, whereby WebBank loaned certain funds to Defendant, and whereby Defendant agreed to repay said funds. After the loan funds were disbursed to Defendant, Defendant's account was then transferred, sold and assigned to Upgrade, Inc., who, in turn, transferred, sold and assigned Defendant's loan to Plaintiff for valuable consideration. Defendant's loan was in good Franklin Low Duration Total Return Fund vs. Rodney Bray / Case No.: E-FILED 3/23/2021 6:55 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379166 Reviewed By: Ashley Mackenzie 21CV379166 6088047 standing and not in default at the time of the assignment to Plaintiff. 2 4. Defendant's account is serviced by Upgrade, Inc. pursuant to the terms of the written agreement. (Hereinafter referred to as "Account".) Defendant agreed to Upgrade, Inc. being the servicer of the loan and further agreed to comply with Upgrades Inc.'s Terms of Use. 5. Defendant has breached said written agreement and has failed to repay the loan in 10 accordance with said agreement, leaving a balance owing of $ 10,864. 85 as ofthe date this Complaint was prepared. 6. Plaintiff believes that Defendant is an individual who currently resides within the 12 13 jurisdictional boundaries of this Court. Therefore, this Court is the proper Court for adjudication of this matter. 14 7. Defendant failed to make payments as agreed on the Account and has failed to pay 15 amounts due on the Account. 16 1 7 8. Although demand has been made upon Defendant to pay the outstanding balance on the 18 Account, Defendant has failed to do so. 19 20 21 22 FIRST CAUSE OF ACTION 9. Plaintiff refers to and incorporates paragraphs I through 8. 23 1 0. WebBank extended a loan to Defendant. Defendant accepted the terms and conditions of 24 25 26 27 the Account and entered into a written agreement with WebBank. Further, Defendant accepted the terms and conditions of the Account by Defendant's acceptance of the funds borrowed. l rant tin Lou Duration Total Return Fund vs. Rodney Bray / Case No.: 11. Within the last four years, Defendant has breached the terms and conditions governing the Account by failing to pay amounts due and owing on the Account. 12. As the direct and proximate result of said breach, Plaintiff has been damaged in the amount of $ 10,864.85. SECOND CAUSE OF ACTION Mone Lent Paid or Ex ended 13. Plaintiff refers to and incorporates paragraphs I through 12. 12 13 15 16 17 19 20 21 14. On information and belief, pursuant to the terms and conditions governing the Account, within the last four years, Defendant became indebted for money lent to or paid out for the benefit of Defendant at Defendant's request. 15. Although demand has been made upon Defendant to pay said amount there remains an outstanding balance on the Account of $ 10,864.85, which has not been paid, and is now due and owing from Defendant to Plaintiff. WHEREFORE, as to all Causes ofAction, Plaintiff prays forjudgment against Defendant, including but not limited to, the amounts as follows: 1. For damages of $ 10,864.85; 2. For costs of suit incurred herein; and 3. For such further relief that the Court may deem just and proper. 22 23 Dated: March, 2021 GUR EL LAW FIRM, P.C. 24 25 26 loria Zarco Kim er ee Tsai Rachel Haney 27 Franklin Losv Duration Total Return Fund vs. Rodney Bray / Case No.:
