Complaint Limited 10K and 25KCal. Super. - 6th Dist.April 26, 2021PLD-C-001 : Fl LED FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 I 4/26/2021 11:17 AM ZWICKER & ASSOCIATES, P.C., A Law Firm Engaged in Debt Collection CIerk of Court 1320 WILLOW PASS ROAD, SUITE 730 h . CONCORD, CA 94520 ouperlor Court of CA, TELEPHONE No.: (925)689-7070 TELEPHONE No.: (925)689-7070 county Of santa Clara E-MAILADDRESS (optional); ZACNLITIGATI0N@ZWICKERPC.COM 21 CV380993 ATTORNEY FOR(Name): GOLDMAN SACHS BANK USA RGVieWGd By: M. Dominguez SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. FIRST STREET MAILING ADDRESS: 191 N. FIRST STREET CITY AND ZIP CODE: SAN JOSE, CA 951 13-1 090 BRANCH NAME: MAIN COURTHOUSE PLAINTIFF: GOLDMAN SACHS BANK USA 631 3629 DEFENDANT: VICTOR NAVAS and DOES 1-10, inclusive D DOES1To 10 CONTRACT E COMPLAINT D AMENDED COMPLAINT (Number): D CROSS-COMPLAINT D AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBER: ACTION Is A LIMITED CIVIL CASE Amount demanded I does not exceed $10,000 exceeds $1 0,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) 21 CV380993 D ACTION IS RECLASSIFIED by this amended complaint or cross-complaint D from limited to unlimited D from unlimited to limited 1. Plaintiff* (name or names): GOLDMAN SACHS BANK USA alleges causes of action against defendant* (name or names): VICTOR NAVAS and DOES 1-10, inclusive 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: 5- 3. a. Each plaintiff named above is a competent adult X except plaintiff (name): GOLDMAN SACHS BANK USA (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) E other (specify): Plaintiff is a New York State-chartered bank and member of the FDIC. b. D Plaintiff (name).- a. D has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. D has complied with all licensing requirements as a licensed (specify): c. D Information about additional plaintiffs who are not competent adults is shown in Attachment 30. 4. a. Each defendant named above is a natural person D except defendant (name): D except defendant (name): (1) D a business organization, form unknown (1) D a business organization, form unknown (2) D a corporation (2) D a corporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify): (5) D other (specify): * Ifthis form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Judicial COMPLAINT-Contract Code of Civil Procedure, § 425. 12 Council of California PLD-C-001 [Rev. January 1, 2007] CNCMP 5812086 PLD-C-001 SHORT TITLE: CASE NUMBER: GOLDMAN SACHS BANK USA V. VICTOR NAVAS and DOES 1-10, inclusive 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) D Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) g Doe defendants (specify Doe numbers): 1-1 0 are persons whose capacities are unknown to plaintiff. c. D 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. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6. D This action is subject to D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b D a defendant lived here when the contract was entered into. a defendant lives here now. the contract was to be performed here. a defendant is a corporation or unincorporated association and its principal place of business is here. real property that is the subject of this action is located here. other (specify): 'D'D'D'Dg 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): D Breach of Contract E Common Counts D Other (specify): 9. Other allegations: 10. Plaintiff prays for such relief as is fair, just, and equitable; and for a. E damages of: $ 22,794.05 b. D interest on the damages (1) D according to proof (2) D at the rate of (specify): c. D attorney's fees (1) D of: $ (2) D according to proof. d. D Other (specify): 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: 4/22/21 [XJANET L. BROWN #208602 [ ]JESSICA M. GARCIA #314298 b (ML gwm (TYPE 0R PRINT NAME) y (SIGNATURE 0F PLAINTIFF 0R ATTORNEY) (Ifyou wish t0 verifiz this pleading, affix a verification.) Page 2 of2 PLD-C-OOl [Rev. January 1, 2007] COMPLAINT_C0ntract CNCMP 5812086 SHORT TITLE: GOLDMAN SACHS BANK USA v. VICTOR NAVAS and DOES 1-10, inclusive CASE NUMBER: FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO X Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1.P|aintiff (name): GOLDMAN SACHS BANK USA alleges thatdefendant (name):V|CTOR NAVAS, and DOES 1 through 10, inclusive, becameindebtedto g plaintiff D other (name): a. fi within the last four years (1) X on an open book account for money due. (2) X because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. E withinthelast D two years g fouryears (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) D for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff D the sum of $ D the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) g other (specify): For a loan issued by Plaintiff to Defendant(s) upon request by the Defendant. The loan is identified as account ending in 4993. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 4993 attached as Exhibit “”.A The Plaintiff has performed all conditions precedent to bringing this action or the same have been waived by the Defendant(s). CC-2. $, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest D according to proof D at the rate percent per year from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. E Other: $22,794.05, which is the fixed and agreed amount due and unpaid despite Plaintiff’s demand. Form Approved for Optional Use Judicial Council of California PLD-C-001(2) [Rev. January 1, 2009] CNCMP Page Three Page 1 of 1 CAUSE 0F ACTION-Common Counts C°d°°fCiVflPr°°edure’ § 425'”www. courtinfo. ca.g0v 5812086 EXHIBITA mm Marcus: by Goldman Sachsm P.O. Box 4545, Salt Lake City, UT841 45-0405 April 3, 2020 Victor Navas -4993 9711 Hopi Ln GILROY, CA 95020 Original Loan Amount Principal Paid to Date Remaining Principal Balance $22,000.00 $1,099.87 $20,900.13 Interest Rate Interest Paid to Date Remaining Interest Balance 21.99% $1,937.58 $1,893.92 Total Outstanding Balance $22,794.05 04/22/2019 Disbursement 04/22/2019 Disbursement 05/21/2019 Loan Repayment 06/21/2019 Loan Repayment 07/22/2019 Loan Repayment 08/21/2019 Loan Repayment 09/23/2019 Loan Repayment 10/21/2019 Loan Repayment 10/24/2019 Loan Repayment Reversal 10/28/2019 Loan Repayment 10/31/2019 Loan Repayment Reversal 02/18/2020 Charge-Off -$17,034.00 -$4,966.00 $607.49 $607.49 $607.49 $607.49 $607.49 $607.49 -$607.49 $607.49 -$607.49 N/A -$17,034.00 -$4,966.00 $240.60 $205.72 $222.36 $213.62 $217.57 $234.04 -$234.04 $146.90 -$146.90 N/A $.00 $17,034.00 $.00 $22,000.00 $366.89 $21,759.40 $401.77 $21,553.68 $385.13 $21,331.32 $393.87 $21,117.70 $389.92 $20,900.13 $373.45 $20,666.09 -$373.45 $20,900.13 $460.59 $20,753.23 -$460.59 $20,900.13 N/A $20,900.13 All transactions, amounts and balances are as of April 3, 2020. Any transaction made afterApril 3, 2020 may not be reflected. Marcus by Goldman Sachs® is a product of Goldman Sachs Bank USA.A|I loans issued by Goldman Sachs Bank USA, Salt Lake City Branch. © 2020 Goldman Sachs Bank USAAII rights reserved. Member FDIC. Have questions? Visit Marcus.c0m Let’s chat. CallToll-Free 1-844-MARCUS-2 1-844-627-2872
