Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.March 23, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 3/23/2021 7:21 AM . Clerk of Court 15““ Egagersorggfigliggg Superior Court of CA, ason . ang, Bora Song, SBN 329308 County of Santa Clara Patrick J. Layman, SBN 59643 21 CV3791 75 Thomas J. Sebourn, SBN 279272 Rewewed By: Ashley M Nlcholas J. Babllls, SBN 291676 608821 8 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 SUTTELL & HAMMER, A.P.C. 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 766218.001 SUPERIOR COURT OF CALIFORNLA, FOR THE COUNTY OF SANTA CLARA LIMITED CIVIL JURISDICTION CITIBANK N.A. No, 21 CV3791 75 Plaintiff, vs. COMPLAINT FOR DAMAGES Jose Villa Common Counts: Book Account, Account Stated Defendant. PRAYER AMOUNT: $1 14 1 0.89 PLAINTIFF ALLEGES CAUSES OF ACTION AS FOLLOWS: GENERAL ALLEGATIONS 1. Plaintiff is a FDIC insured bank qualified to do 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 SU'ITELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX ackenzie 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provisions of Sections 1812.10 and 2984.4 of the California Civil Code, Section 395(b) of the California Code of Civil Procedure. 5. That at all times material, Defendant has been the obligor 0f a certain credit card account bearing number XXXXXXXXXXXXSOZS, and that Defendant agreed by the use of said credit card: (1) to assume responsibility for all credit extended on the basis 0f said accounts; (2) t0 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 0n said agreement. 6. By the use of said credit account, Defendant has become indebted 0n said account in the amount 0f $1 1410.89, 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 four (4) years on 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 $1 1410.89, plus any applicable costs, for a balance due on a book account for money paid, lines of credit extended, and/ 0r funds expended by 0r for Defendant. SECOND CAUSE OF ACTION: ACCOUNT STATED 11. Defendant became indebted t0 Plaintiff Within the last four (4) years 0n an account stated. 12. Defendant, by words or conduct, agreed that the amount stated in the account was the correct amount owed t0 Plaintiff and promised t0 pay the stated amount. COMPLAINT FOR DAMAGES - 2 SUTI'ELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX 13. T0 date, Defendant has not paid any 0r all of the amount owed under this account. 14. Defendant owes Plaintiff the sum total 0f $1 1410.89, plus any and all applicable costs, 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: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. For damages in the amount 0f $1 1410.89, less any payments made; B. For costs 0f suit incurred herein; and C. For any further sum which may be proven at time 0f trial, and if allowed by law or contract, or any other relief as the court deems just and equitable. Dated Mar‘ch l9, 2021 Respectfully Submitted, SUTTELL & HAMMER, A.P.C.W ( ) Erin mason, SBN 262285 ( ) Jason W. Tang, SBN 314337 ( )2 Bora Song, SBN 329308 ( ) Patrick J. Layman, SBN 59643 ( ) Thomas J. Sebourn, SBN 279272 ( ) Nicholas J. Babilis, SBN 291676 ( ) Carina M. Jordan, SBN 302099 ( ) Shane T. Wate, SBN 302738 Attorneys at Law s/h 766218.001 COMPLAINT FOR DAMAGES - 3 SUTI'ELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX