Complaint Limited Up to 10KCal. Super. - 6th Dist.April 23, 2021MGLIIQ 1] 12 13 l4 15 16 18 l9 21 22 23 24 25 26 27 28 E-FILED 4/23/2021 1:16 PM 1347325 Clerk of Court Superior Court of CA, GURSTEL LAW FIRM, P.C. County of Santa Clara Gloria Zarco (CASB #199702) 21 CV381 041 ijbcrlee Tsai (CASB #227426) Reviewed By: Ashley Mac Rachel Haney (CASB #308259) 6305359 9320 East Raintree Drive Scottsdale, AZ 85260 Telephone: (877) 344-4002 Fax: (877) 750-6335 Attorneys for Plaintiff, Discover Bank SUPERIOR COURT OF THE STATE 0F CALIFORNIA SANTA CLARA COUNTY - SAN JOSE COURT Dlscover Bank I I Case No.21 CV381 041 Plamtlff, COMPLAINT FOR ACCOUNT vs. STATED; OPEN BOOK ACCOUNT Thomas Le Prayer Amount: $6,567.96 Defendant. Discover Bank(“Plaintifi”) alleges causes ofaction against Thomas Le ("Defendant") as Follows: ALLEGATIONS COMMON T0 ALL CAUSES 0F ACTION 1. Plaintifi'is a FDIC insured Delaware State Bank, organized and existing under the laws 0fthc State of Delaware and is qualified to d0 business in the State of California. 2. Plaintiff believes that Defendant is an individual who currently resides within the jurisdictional boundaries ofthis Court. 'l‘hcrcfore, this Court is the proper C0 url for adjudication DfIhis matter. Discover Bank v5, Thomas Lc I Case N0; kenzie \DOOKJQLIIL 10 l] 12 l3 14 15 16 17 18 19 20 21 22 24 25 26 27 28 3. On 0r about October 8, 2015, Plaintifi provided Defendant with a credit account, and granted use privileges 0n the same, account number ending in ************8053 (hereinafter “Account”). Defendant used the Account to make purchases andfor take cash advances and/or make balance transfers, each time reaffirming Defendant's agreement to repay Plaintifffor the amount 0fthe purchase andfor cash advances andr’or balance transfers. 4. Defendant failed t0 make payments as agreed on the Account and has failed t0 pay amOunts due on the Account. 5. Taking into account all known payments, charges, offsets, if any, the amount due on this account as 0f the date this Complaint was prepared is $6,567.96. 6. Although demand has been made upon Defendant [0 pay the outstanding balance 0n the Account, Defendant has failed 10 d0 so. FIRST CAUSE OF ACTION (Account Stated! 7. Plamtif‘frcfcrs 10 and incmporates paragraphs l through 6. 8. Pursuant t0 the tcnns and conditions governing the Account as well as the federal law, monthly statements were sent t0 the Defendant itemizing all payments made and charges due 0n the Account. 9. Within the last four years, an account was stated in writing in which it was agreed that Defendant was indebted in the amounts previously stated in the complaint. 10. Although demand has been made upon Defendant t0 pay said amount there remains an outstanding balance 0n the Account 0f $6,567.96, which has not been paid, and is now due and owing fi'om Defendant to Plaintiff. 2 Discover Bank vs. Thomas Le! Case No.: [\J \DOCJHJGHLh-lhbd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECOND CAUSE OF ACTION (Open Book Accuunt) 11. Plaintiffrefers t0 and incorporates paragraphs 1 through 10. 12. Within the last four years, Defendant became indabted t0 Plaintiff in the amount previously referenced herein for a balance due: on an opan book account. l3. Plaintifi'kept an account 0f the debits and credits involved in the transactions. 14. Although demand has belen made upon Defendant t0 pay said amaunt there remains an outstanding balance on the Account 0f$6,567.96, which has not been paid, and is now due and owing from Defendant“ t0 Plaintifi'. WHEREFORE, as t0 all Causes 0f Action, Plaintiff prays for judgment against Defendant, including but not limited t0, the amounts as follows: 1. Fm“ damages 0f $6,567.96, plus post judgment interest at the statutory rate; 2. For costs 0f suit incurred herein; and 3. For Such further relief that the Court may deem just and proper. Dated: April 20 , 2021 GURSTEL LAW FIRI‘vI, PC. Gloria Zarco Z Kimberlee Tsai Rachel@y Discover Bank v5. Thomas LC e“ Case 350.:
