Complaint Limited 10K and 25KCal. Super. - 6th Dist.March 29, 2021E-FILED 3/29/2021 9:45 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379636 Reviewed By: K. Himes 21CV379636 File No. 0030286975 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Ber numbel, end address): FOR COURT USE ONLY Chassity D. Dawson, SBN 310770 3941 Park Drive, Ste. 20-500 El Dorado Hills, CA 95762 TELEPHONE NO. 916-933-8641 FAX NO. {Ophonau‘ 916-941-3913 EMAIL ADDRESS (Optional) chassity@dawsonlegalservices.com ATTORNEY FOR (Name): lnvestment Retrievers, Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N FIRST ST MAILING ADDRESS. CITY AND sz CODE: SAN JOSE CA 95113 BRANCH NAME: PLAlNTIFF: Investment Retrievers, Inc. DEFENDANTRObe" 300“ m Does1 To 10 INCLUSIVE CONTRACTm COMPLAINT E AMENDED COMPLAINT (Number).- Ej CRoss_COMpLAINT E AMENDED CRoss-COMPLAINT (Number): Jurisd iction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded . does not exceed $1 0,000 V exceeds $1 0,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended com plaint or cross-complaint Ejfrom limited to unlimited Efrem unlimited to limited 1‘ Plaintiff* (name or names): Investment Retrievers, Inc. CASE NUMBER: alleges causes of action against defendant* (name or names): Robert Scott 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adultm except plaintiff (name):lnvestment Retrievers, Inc. (1) ma corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) mother (specify): b. mPlaintiff (name): Investment Retrievers, Inc. a. Ehas complied with the fictitious business name laws and is doing business under the fictitious name (specify): b.m has complied with all licensing requirements as a licensed (specify):Corporation c,E Information about additional plaintiffs who are not competent adults is shown in Attachment 30. 4. a. Each defendant named above is a natural personE except defendant (name): [j except defendant (name): (1) E a business organization, form unknown (’1) E a business organization, form unknown (2) E a corporation (2)E a corporation (3) Ear] unincorporated entity (describe); (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)E a public entity (describe): (5) E] other (specify): (5) E] other (specify): ' If this form is used as a cross»complaint. plaintiffmeans cross-complainant and defendant means oross-delendant. Page1 of 2 Form Approved f0" Opuona' U59 COMPLAINT-C’Ontract Code oi Cw" Procedure. §- 425 1 2mama! Council of California PLD-Oom [Rev January 1, 2007] File No. 0030286975 PLD-C-001 SHORT TITLE: Investment Retrievers, Inc. vs. Robert Scott, et al. CASE NUMBER 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) m Doe defendants (specify Doe numbers): 5'10 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) m Doe defendants (specifi/ Doe numbers): 1-5 are persons whose capacities are unknown to plaintiff. c. a 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. m Plaintiff is required to comply with a claims statute, and a4 m has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6. E This action is subject to E Civil Code section 181 2.10 D Civil Code section 2984.4. 7. This oourt is the proper court because a. E a defendant entered into the contract here. b. m a defendant lived here when the contract was entered into. C, m a defendant lives here now. d. D the contract was to be performed here. e. D a defendant is a corporation or unincorporated association and its principal place of business is here, f. E real property that is the subject of this action is located here. g. m other (specify):See attached Exhibit ”D" 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): E Breach 0f Contract m Common Counts D Other (specify): 9, m Other allegations: On or about February 13, 2020 Plaintiff purchased all right, title, and interest of its predecessor in interest, Penfed Credit Union (”PENFED”), in the account(s) sued on herein and is now vested with all of PENFED‘s rights under the account(s). Plaintiff notified the Defendant(s) of the sale. Prior to filing suit, Plaintiff caused each defendant to be notified in accordance with CCP 1033(b)(2). A copy of the bill of sale is attached as Exhibit ”A” with the redacted account listing. Plaintiff has complied with Civil Code Section 1788.52, see Attachment 1 to the complaint. 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a‘ m damages of: $12,068.17 b. D interest on the damages (1)D according to proof (2)D at the rate 0f (specify): percent per year from (date): c. m attorney's fees (1)m of: $1,462.04 (2)D according to proof. d. m Other (SPGC/fil)$ For such other relief as the court may deem proper. 11. a The paragraphs of this pleading alleged on information and belief are as foll yvs (specify paragraph numbers): f“! 3* ”W Date: February 22, 2021 f fig Chassity D. Dawson, SBN 310770 y f (TYPE 0R PRINT NAME) (SIGNATURE 0F PLAxNTIFF 0R ATTORNEY) (lfyou wish to verily this pleading, affix a verification.) PLD~C7001 [Rem Januaw 1. 2007] C0MPLAINT-Contract Pagez or2 MW“ , a File No. 0030286975 PLD-C-001(1) SHORT TITLE: Investment Retrievers, Inc. vs. Robert Scott, et aI. CASE NUMBER: FIRST CAUSE OF ACTION-Breach of Contract (number) ATTACHMENT TO E Complaint E Cross - Complaint (Use a separate cause of action form for each cause of aciion.) BC-1. Plaintiff (name):lnvestment Retrievers, Inc. alleges that on or about (date):March 02, 2009 a m written [:3 oral E other(specify): agreementm5 made bemen (name paffies [O agreement)" Plaintiff's predecessor in interest, Penfed Credit Union, and Defendant(s) Robert Scott E A copy of the agreement is attached as Exhibit A, orm The essential terms of the agreement E are stated in Attachment BC-1 m are as follows (specify): Defendant(s) applied for and procured credit card(s) from Plaintiff's predecessor in interest under account number xxxxxxxxxxxx6255. The account(s) was opened subject to the condition that Defendant(s) agree(s) to abide by all of the terms and conditions of the customer agreement, which was attached at the time of delivery of the card(s). A copy of the agreement and terms and conditions is attached as Exhibit :51. See also a true and correct copy of the statement reflecting the Defendant(s) last payment and the last monthly statement from Penfed Credit Union, prior to selling the account to Plaintiff, reflecting the unpaid principal balance attached as Exhibit ”C”. Defendant(s) agreed to make all payments pursuant to the terms and conditions. BC-2. On or about (dates):August 02, 2018 defendant breached the agreement by D the acts specified in Attachment BC-2 m the following acts (special): Defendant(s) has failed to make the minimum monthly payments as required by the terms and conditions of the customer agreement. BC-S. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented 0r excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreementE as stated in Attachment BC-4 m as follows (speciM: $12,068.17 BC-5. m Plaintiff is entitled to attorney fees by an agreement or a statutem of $1,462.04E according to proof. BC-G. m Other: On or about February 13, 2020 Plaintiff purchased all right, title, and interest of its predecessor in interest, Penfed Credit Union, in the account(s) sued on herein and is now vested with all of Penfed Credit Union’s rights under the account(s). Plaintiff notified the Defendant(s) of the saIe. Prior to filing suit, Plaintiff caused each defendant to be notified in accordance with CCP 1033(b)(2). A copy of the bill of sale is attached as Exhibit "A” with the redacted account listing. Page 3 Page 1 of 1 Form Approve" ‘momima' Use CAUSE OF ACTION-Breach of Contract Code “CW" Pmcedura§425>12 Judicial Councnl or California W'Commmca gov PLD-C-OU ‘M 1 ) [Rev January 1 , 2007] File No. 0030286975 PLD-C-Oo1(2) SHORT TITLE: Investment Retrievers, Inc. vs. Robert Scott, et al. CASE NUMBER: SECOND CAUSE 0F ACTION-Common Counts (number) ATTACHMENT TO E Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name):lnvestment Retrievers, Inc. alleges that defendant (name): RObe" 5C0“ became indebted to D plaintiff m oflfier (name): Plaintiff’s predecessor in interest, Penfed Credit Union. a. m within the last four years (1) D on an open book account for money due. (2) E because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. D within the last D two years D four years (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor, services and materiais rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.D the sum of $E the reasonable value. (3) D for goods. wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD the sum of $D the reasonable value. (4) D for money lent by plaintiff to defendant at defendant's request. (5) D for money paid, laid out, and expended to or for defendant at defendant‘s special instance and request. (6) D other (specify): CC-2. $ 12,068.17 , which is the reasonable value, is due and unpaid despite plaintiff’s demand, plus prejudgment interest E according to proof [j atthe rate of percent per year from (date): CC-B. m Plaintiff is entitled to attorney fees by an agreement or a statuteE of$1,462.04E accordingto proof. CC-4. m Other: On or about February 13, 2020 Plaintiff purchased all right, title, and interest of its predecessor in interest, Penfed Credit Union, in the account(s) sued on herein and is now vested with all of Penfed Credit Union‘s rights under the account(s). Plaintiff notified the Defendant(s) ofthe sale. Prior to filing suit, Plaintiff caused each defendant to be notified in accordance with CCP 1033(b)(2). A copy of the bi” of sale is attached as Exhibit ”A” with the redacted account listing. Page 4 Page 1 of1 Form Approved for OEtional Use CAUSE OF ACTION_C0mmon counts Code ofCivil Procedure, § 425 12 JJdIma! Council 0f Lallfomla www wumnfo cagov PLD~c-oo1(2> (Rev January 1, 2009) File No. 0030286975 PLD'C-°°1(2) SHORT TITLEzlnvestment Retrievers, Inc. vs. Robert Scott, et al. CASE NUMBER: THIRD CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO m Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name):lnvestment Retrievers, Inc. alleges that defendant (name):R°bm 5C0“ became indebted to D plaintiff m other (name): Plaintiff’s predecessor in interest, Penfed Credit Union. a. m within the last four years (1) m on an open book account for money due. (2) D because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. D within the last D two years D four years (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) E] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD the sum of $D the reasonable value. (4) E] for money lent by plaintiff to defendant at defendant's request. (5) D for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) E] other (specify): CC-2. $ 12,068.17 , which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest D according to proof E atthe rate of percent per year from (date): CC-3. m Plaintiff is entifled to attorney fees by an agreement or a statuteE of$1,462.04D according to proof. CC-4. m Other: On or about February 13, 2020 Plaintiff purchased all right, title, and interest of its predecessor in interest, Penfed Credit Union, in the account(s) sued on herein and is now vested with all of Penfed Credit Union’s rights under the account(s). Plaintiff notified the Defendant(s) of the sale. Prior to fiIing suit, Plaintiff caused each defendant to be notified in accordance with CCP 1033(b)(2). A copy of the biH of sale is attached as Exhibit "A” with the redacted account listing. Page 5 Page 1 of1 Form Approved fpr Ogfignal ‘Llse CAUSE OF ACTION_Common Counts Code of Civil Procedure, § 425.12 Judlual Counml of California www.ooumnlb.ca.gov PLDWE 0951):? aware 9mm) cam SERVJCES R0. 353x 456 Pix: am:347nm coma. r42 651244385 Atemsmx VA 223339456 We appreciate your membership! ?EféFED CR 1T {153mg :mxaom ,. . ... awgfifi ”g ngugfizgw Account Number XXEKrXXXXmXXXWEzfiS ng‘Bamme $13.858AQ I . . msng’mum Paymeéz Que 31.35354a Make Paymeat Payabie {a Pfififfin Wag 9h m: megs? “MOW” i : r . LLLLLLLL H drag! enema: are . . .. : [ mmmmmmegmwmcmgamgm macaw V. . .. ,, 4 ., ... .. ROBERT SCOT? ?EfiFED {39?ng UMOKQ 216 RUSRMORE LN A9? '? {*0 80X 247886 L05 GATGS CA 9563351323 OMAHA, NE 88?@3383 ‘IHm!.MmlmIH.Inllhllll’lllllluHl'.ll.|lll..ll.Hu.ll llll.....Hllmll”1.!H.|H.I.H.lIIMI.l_._I..li.l...ll.l...H| 2556 This Page Intentionally Left Biank ?RW? ‘s’éfifi? fifiw MEERE33, ?QLEF§~§Q%£ {3R fififiih EELQW ”ii? fifififi‘ffi ijfi fifififif? {I&S‘ié} i??xfififififi? "K3 {§?fifiYE THE fiamfifiifié‘afi, ?Eifigfiifimi Qfi Enfifiii {32% ¥€3£§§¥ fifii‘éfiifi Mfifififiafifiéfififlfifififi? ?Lé’ifiafifi §§§€¥fii§°§° “§«3€}§3«24?~5$§§3 {3R {£233 Qfifif} 9§fi§§§l§fi§i§§ $333329 gifrfiui fixézimasg £333}, 8:5:er Zig} {30% Name Wma :f g 82133293235; Wang. f 3 ?‘xa? 6486 JAH 1 7 12 180812 0 E X PAGE 2 of2 1 0 3888 0000 |AX1 O1AJ6486 Cardholder Name Account Number VISA Page 2 of 2 ROBERT SCOTT XXXX-XXXX-XXXX-6255 Post bate Trans Date Reference V Description H V Amount] TOTAL INTEREST FOR THIS PERIOD $149.68 YOUR ACCOUNT IS CURRENTLY PAST DUE. IF YOU HAVE NOT ALREADY MAILED THIS PAYMENT PLEASE REMIT IMMEDIATELY. THANK YOU FOR YOUR COOPERATION. Total fees chérgéd in 2618 I $150.00 Tmal interest charged in 2018 $921 .26 \ 7» 'E’fi‘iit, . Your Annual Percentage Rate (APR) is the annual interest rate on your account, I , , _ V ,, , , 1 .Balgfiéésh . «Int alanne Purchases 17.99% $9,573.62 " ' $14350 $10,586.84 Cash Advances 17.99% $0.00 $0.00 $0.00 BALANCE TRANSFER CASH 5.99% $1,238,61 $6.18 $1 287.65 Days in Billing Cycle: 31 See reverse side of page1 for explanation of Interest Charge calculation. If on the billing cycle closing date shown above you have no previous balance for either purchases, cash advances, or balance transfers after we apply payments and credits made during the billing cycle and if you pay the new balance shown above in full within 25 days of the billing cycle closing date (that is 0n or before the payment due date), you wiII not have to pay a INTEREST CHARGE on the new purchases shown above. However. cash advances and balance transfers continue to accrue interest charges until paid in full. 6436. m1 i, 3; 12' 13mg a zxmegmfgg :s‘a «333$ m 1m magma - ~ g _/ * ciwhoraamam A’ecéuntmmbér ‘ 'v ' ‘ r 9mm: QR‘EVFYJUMON Statemntmm Ea V Qeda Lima ‘ $100mm) magmaCredit NQREcmmwma flame?! 35mm 5&9? II 41» ‘+--+v:‘ _,am n2 581243939 ALEWRW w;mam Lostorszmen Cam: masm We agapreciate yam me? fierfi’fip!mwmmmmmmmmmémsncmmmwmmmf émnwmmm mwmwe mmmmwmm W. __ Paymam Dim Date x PfiflgggxcgEfifi 115E295! ' ' m} 23a » . W, Q&AH‘E‘ HE 8fl18&2336 Acmufli fiumhefi' XXXE~XXXX XXXWZSS flewBa¥ance :fiwa > i ,. .l fiinimm Pawn! 13W Néfifi MakafiaygngntMam {a PENFED ‘ Man h war u? Amoum‘ ': 1 Q? bfia mm 8%? . . Bfieckmagxgc the Ea?! 'amd aria:mamas on 1mg ENGLGWD 7 ‘ 7‘ RQEEQT SCOT"? PENFED CREDIT UIQIGN 236 RUSFKfiORE LN M3? "I Pi} EQX 247980 L03 S&TC’QS CA 950324321 OMAHA; NE 88? 2431080 Luillnuhllllldln.IIllsélnhln.”L..ululnuluilrllllu .....llIl1.....I..[..IILLLI,“....M.ll....l..l,lll..I..ll.,l 2556 This Page Intentionally Left Blank ?R§%§'§' ¥€3§3§§ QEW Rfififififiifig ?§£§?%§€3?§§ {3R fifimfw fifiLGW “$23 §§§3§§E ?{EJQ fifififii‘? fififiifi $Y&?§§£§?§"f Til} 1%?{mfg’fi ”ME, fififififififl, ?giiifififii‘éfi 4;}? Eagfifiiéifl {3?} ?{LmR ?EfiFES fififiéfififlfifi§fi§£fi§§ififl ?Lfifigfi fifififififi? $~§§§»24?~S‘33§ 33R iwfifi fififl? Qfifii‘fififififi ?%ams: fitsfazai fiaégz‘ess {3323;} Siam; 21;) {306352 Mama Wmm 4’ ;- Susz‘raefiss mime g 3 $3338 6486 JAH 1 3 12 180926 0 Z X PAGE 20f2 1 0 3888 0000 |AX1 O1AJ6486 Cardholder Name Account Number VISA Page 2 of 2ROBERT SCOTT XXXX-XXXX-XXXX-6255 Trahé Daté Referénée V I I ’ Deécflptlon V V Amount TOTAL INTEREST FOR THIS PERIOD $0.00 a[§'¥é3r~t 7 : Total fees charged in 201 8 $200.00 Total interest charged in 2018 $1 ,070.94 ’algylati' Your Annual Percentage Rate (APR) is the annual interest rate on your account. V ‘ W r 381a“! \ y , chases‘ . ' $0.00 $0.00 ' ‘ $10,774.34 Cash Advances . $0.00 $0.00 $0.00 BALANCE TRANSFER CASH . $0.00 $0.00 $1,293.83 Days in Billing Cycle: 30 See reverse side of page1 for explanation of Interest Charge calculation. If on the billing cycle closing date shown above you have no previous balance for either purchases, cash advances, or balance transfers after we apply payments and credits made during the billing cycle and if you pay the new balance shown above in full within 25 days of the billing cycle dosing date (that is 0n or before the payment due date). you will not have t0 pay a INTEREST CHARGE on the new purchases shown above. However, cash advances and balance transfers continue to accrue interest charqes until paid in full. EXHIBIT 66D” SANTA CLARA COUNTY SUPERIOR COURT OF CALIFORNIA STATEMENT OF CLASSIFICATION AND LOCATION CASE NAME: Investment Retrievers, Inc. v. Robert Scott. et al. CLASSIFICATION: D General Civil K4 Civil Collections D Unlawful Detainer Please check ONE of the following statements to indicate the basis for your filing of the Compliant in this Judicial District and fill in the address. D 1. Cause of Action arose in this judicial district. Address ofthe cause of action is: Street City State Zip Code D 2. Property located in this judicial district. The address ofthe property is: Street City State Zip Code D 3. Tort occurred in this judicial district. The address of the tort is: Street City State Zip Code [:1 4. Contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: Street City V State Zip Code 5. Defendant resides in thisjudicial district. The address of the defendant is: 216 RUSHMORE LANE APT 7 LOS GATOS CA 95032 Street City State Zip Code I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct and that this Declaration was executed Eeb arv 22. 20,24 , at Folsom, California. . MM“, WWW DATED: Februam 22, 2021 Cfié’ésity D. Dawson, SBN 310770 Attorney for Investment Retrievers, Inc.
