Complaint Limited Up to 10K

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

Electronically filed by Superior Court of CA, County of Santa Clara, on 4/23/2021 10:12 AM Reviewed By:Ashley Mackenzie Case #21CV380997 Env #6302820 21CV380997 ATTORNEY 0R PARTY WITHOUT ArronNEY (Name, stem Barnumbsr, and address).- The Moore Law Group, APC Fog cougr use ouLy Adam Brumage (283180) Maria Bradish (288384) Don Phan-Huy (309853) Ryota Isozaki (321040) Derrick Uhri (321 161) Jeremy Kimmclman (322958) Eric Marquez (33 1023)Karlie D. Schafer (331884) 13.0. Box 25145, Santa Ana, CA 92799, 3710 s. Susan Street, Ste 21o, Santa Ana, CA 92704 TELEPHONE N0: 800_506_2652 FAX NO. (Opfmal): E-MAIL ADDRESS (Opfional): ATTORNEY FOR (Name): Plaintiff SUPERIOR COURI‘ 0F CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 North First Street MAILmsAooness: San Jose CA 951 13 CITY AND ZlP CODE: BRANCH NAME: PWNT'FF: Discover Bank DEFENDANT: Gaspar Sanchez E Does 1 To , _ ‘ CONTRACT fm COMPLAINT ' E AMENDED cOMPLAINT(Numbar).-. E CRosscOMPLAINT E AMENDED CROSS-COMPLAINT (Number): Juflsdlctlon (check all that apply):m ACTION Is A LIMITED CIVIL CASE Amount demanded does not exceed $1 0.000 exceeds $10,000 but does not exceed $25,000E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by thls amended complaint or cross-complaint Efrem limited to unlimitedE from unlimited t0 limited 1. Plaintiff (name or names): Discover Bank CASE NUMBER alleges causes of action against defendant‘ (name or names): Gaspar Sanchez 2. This pleading. including attachments and emibits. consiss of the following number of pages: 3 3. a. Each plaintiff named above ls a competent adult rm except plaintiff (name): . Discover Bank (1) Ea corporation qualified to do business 1n California (2) Earl uninmrporated entity (describe): (3) Ember (spec’fY)-‘ Corporation b‘E Plaintiff (name): - » 1 - - ’ “ ‘. . - a.E has complied with the fictitious business name laws and is doing business under the fictitious name (specify): :i b-E has odmplied with all licensing requirements as a licensed (specify): c.E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personE except defendant (name): E except defendant (name): _ (1) E a business organ'zafion. form unknown (1)E a business organization. form unknown (2)E a corporation (2) E33 corporation _ (3)E an uninoorporated'entity (describe): (3)E an unincorporated entity (describe):" W (4)E a public entity (describe): (4)E a public entity (describe): (5) E other (specify): (5)E other (specify): ' l1 ihis'um Ss Lsed as a auss-cwnplalnl. phimiff means aoss ' and - ‘ means cm-delendant Page 1 of 2 F°fiméfigf°g$3ngw COMPLAINT-Contract ‘ Code ofcm Procedure. § 425.12 PLD_-C‘001 [Rev-Janlafv 1.20071 " F ' 7 ‘ r _ w _ f Amedlln LemlNel. Inc. www.FormsWarkflow.com _. . - _. _. ._ -PLD-C-00,1.,_. SHORT TITLE: Discover Bank V. Gaspar Sanchez CASE NUMBER 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) D Doe defendants (speciw Doe numbers): defendants and acted within the scope of that agency or employment. (2)E Doe defendants (specify Doe numbers): plaintiff. were the agents or employees of the named are persons whose capacities are unknown to c. E Information about additional defendants who are not natural persons is contained in Attachment 4c. d. E Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required lo comply with a claims statute, and a. D has complied with applicable claims statutes. or b. E i5 excused from complying because (speciM: 6. D This action is subject to D Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b. E a defendant lived here when the contract was entered into. c, m a defendant lives here now. d. E the contract was to be performed here. e. E a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real propeny that'Is the subject of this action'Is located here.9D other (special): 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 m Common Counts E Other (speciM: 9. D Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair. just, and equitable: and for a. m damages of. $ 5534.55 b. E intereston the damages (1)D according to proof (2)E at the rate of {specifi}: percent per year from (date): ; c. E attorney's feat ** Plaintifiwaives attomey’s fees (1)D of: $ (2)D according to proof. d- ‘m other (Specify): Costs of suit and postjudgment interest according to statute. 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Adam Brumage_ Maria Bradish__ Don Phan-Huy_ Ryota Isozaki enick Uhri_ Jeremy Kimelman- Date: Eric Marquez Karlie D Sch-afcr___ APR 2' 2 2321 p M/ mrPE 0R PRINT NAME) (SIGNATURE op pwrmFF oR ATTORNEY) (Ifyou wish to ven'fy this pleading, affix a verification.) PLocw [Rem gammy 1. 20071 ____ COMPLAINT-COntract Paul 2012 PLD-C-‘001’ W PLD-c-do1(2) SHORT TITLE: CASE NUMBER: Discover Bank V. Gaspar Sanchez FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENTTO m Complaint E Cross-Complaint (Use a separate cause of action form for each cause o'faction.) 001. Plaintiff (name): Discover Bank alleges thatdefendant (name): Gaspar Sanchez became indebtedto m plaintiff D other (name): a. within the last four years (1) on an open book account for money due. (2) m because an account was stated in wn'ting by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. A b. E within the last E two years m four years (1) E for money had and received by defendant forthe use and benefit of plaintiff. (2) E for work, labor, servicas and materials rendered at the special instance and requth of defendant and for which defendant promised to pay plaintiff. E the sum of $E 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) for money lent by plaintiff to defendant at defendant's request. (5) m for money paid, laid out. and expended to or for defendant at defendant’s spec‘el instance and request. (6) m other (specify): This cause of action relates to the Discover Bank credit card having account number XX)O(XXXX)Q(XX8035. CC-2. $ 5534.55 .which is the reasonable value, is due and unpaid despite plaintiff‘s demand, plus prejudgment interest E according to proof D at the rate of percent per year from (date): CC-3. EV Plaintifiuis entitled to attorney fees by an agreement or a statuteE of $ ** Plaintiff waives attomey’s feesE according to proof. CC-4. m Other: Costs of suit and postjudgment interest according to statute. Page Page 1 of 1 Form lo: O ‘ nal Use Coda of Civi! Procedure, §425.12 JumAPPWa‘ Com“ dgm“; CAUSE OF ACTION-Common Counts _ _ m_mummaw Pwooonanev. January 1, zoos] Amenwn LegalNet. Inc. www.FmWomflow.onm