Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 29, 2021

E-FILED 4/29/2021 11:38 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381060 Reviewed By: K. Himes 21CV381060 PLD-C-001 Adam Brumage (283 1 80) Maria Bradish (288384) Don Phan-Huy (309853) Ryota Isozaki (321040) Derrick Uhri (321 161) Jeremy Kimmelman (32295 8) Eric Marquez (33 1 023)Karlie D. Schafcr (33 1 884) P.O. Box 25 145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Barnumber. and address).- The Moore Law Group, APC FOR coum- us; ONLY TELEPHONE NO: 800_506_2652 FAX N0. (Oplional): E-MAIL ADDRESS (Optional).- ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: San Jose CA 951 13 CITY AND ZIP CODE: BRANCH NAME: PLA'NT'FF: Discover Bank DEFENDANT: Breanna Martinez E Does 1 To _ 7 CONTRACT [E COMPLAINT . E AMENDED COMPLAINT (Number): E CRoss.c0MpLAmT E AMENDED CRoss-COMPLAINT (Number): Jurisdlctlon (check aII 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 this amended complaint or cross-complaint Efrem limited to unlimitedE from unlimited to limited CASE NUMBER Plaintiff (name or names): Discover Bank alleges causes of action against defendant‘ (name 'or names): Breanna Martinez This pleading, including attachments and exhibits, consist of the following number of pages: 3 a. Each plaintiff named above is a competent adult _ ' m except Plaintiff (name): Discover Bank (1) Ea corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) mother (specifwf Corporation b.D Plaintiff (name): . . a.E has‘complied with the ficfitious business name laws arid is doing business under the fictitious name (specify): b-E has complied with all licensing requirements as a licénsed (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) D a business organ‘zation. form unknown ; (1)E a business organizatidn. form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): - - (3)D an unincorporated entity (describe): __,, (4)E a public entity (describe): ' (4)D a public entity (describe): (5) E other (specify): _ ~ .. . ,7 H (5)E other (specify): ' If this (orm is wed as a cruss-oomplaim. plaintiff means aosswnpiainanl and defendant means cmss-defendant Page 1 of Z flflfigfiggflffg‘ng” COMPLA}NT-Contl’act Code or civn Procedure. § 425. 12 PLD-C-Dm [Rem January 1. 2007] , A __ Amen‘mn LegaINet. Inc. -» www.FonnsWorkflowcum PLD-C-OO1 SHORT TITLE: CASE NUMBER Discover Bank V. Breanna Martinez 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1)E Doe defendants (specifi/ Doe numbers): were lhe agents or employees of the named defendants and acted within the scope of that agency or employment. (2)E Doe defendants (specify Doe numbers): 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. E Plaintiff is required lo comply with a claims statute. and a. D has complied with applicable claims statutes. or “ b. E is excused from complying because (special): 6. D This action is subject to E Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. E a defendant entered into the connect here. b. E a defendant lived here when the contract was entered into.m a defendant lives here now.E the contract was to be performed here. .E a defendant i5 a corporation or unincorporated association and its principal place of business is here.a real property that is the subject of this action is located here.E other (specifil): Pr"??? 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 BreachofContract E Common Counts D Other(speciry): 9. D Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair. just. and equitable; and for a. E damages of: $ 261 1.06 b. E intereston the damages (1)E according to proof (2)D at the rate of (spechy): w percent peryearfrom (date): c. E attorney's fees ** Plaintiffwaives attorney’s fees (1)E of: $ (2)D according to proof. d- K] other (Special): Costs of suit and postjudgment interest according to statute. Adam Brumage__ Maria Bradish_ Don Phan-Huy Ryota Isozaki_ Derrick Uhri_ J-eremy Kimmelman AK 182 A 0?? Eric Marquez: Karlie D. Schaf-er_ - 8L 41 _ > - (rYPE 0R PRINT NAME) i ~ (SIGNATURE 0F PLAINTIFF 0R 70mm (Ifyou wish to verify this pleading, affix a verification.) - Pmem [Rem January 1. 2007} _ COMPLAINT_co ntract > Papa 2 or2 11. E The paragraphs of this pleading alleged on information and pelief are as follows (specifl paragraph numbers). PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: Discover Bank V. Breanna Martinez FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENTTO m Complaint D Cross-Complaint (Use a separate cause of action form for each cause ofaction.) 00-1. Plaintiff (name): Discover Bank alleges that defendant (name): Breanna Martinez becameindebtedto V E plaintiff E other(name).- a. within the last four years (1) on an open book account for money due. (2) 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. E within the last E two years 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 $E the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) E for money paid. laid out, and expended to or for defendant at defendant's special instance and request. (6) fl other (specify): This cause of action relates to the Discover Bank credit card having account number XX)Q(XXX)C(XXXO790. CC-2. $ 261 1 _06 .which is the reasonable value, is due and unpaid despite plaintifi‘s demand, plus prejudgment interest E according to proof E at the rate of percent per year from (date): CC-3. D P|_aintiff is entitled to attorney fees by an agreement or a statuteE 0f $ ** Plaintiff waives attorney’s feesE according to proof. C64. E Other. Costs of suit and postjudgment interest according t0 statute. Page ‘ ‘ Paga1of1 Form Approved [or Optional Use __C Code of C' '1 Prooedu . 425. 12 Judicial Council o! California CAUSE 0F ACTION ommon counts ~ ' Mwwwcoufinliagov PLD-GOOItZ) [Rem January 1. 2009] Amen-n LegalNez. Inc. www.mesWomflowmm