Complaint Limited Up to 10K

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

E-FILED 4/29/2021 1:06 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381062 Reviewed By: K. Himes 21CV381062 PLD-C-001 ATTORNEV 0R PARTY WITHOUT ATTORNEY (Name, staleBarnum and aness); The Moore Law Group, APC FOR counruse ouLy Adam Brumage (283180) Maria Bradish (288384) Don Phan-Huy (309853) Ryota Isozaki (321040) Derrick Uhri (321 161) Jeremy Kimmelman (32295 8) Eric Marquez (331023)Karlie D Schafer (331884) P O. Box 25 145, Santa Ana, CA 92799, 3710 S. Susan Street, Ste 210, Santa Ana, CA 92704 TELEPHONE No 800_506_2652 FAX No (Optimal): E-MAIL ADDRESS (Optional).- A‘n DRNEV FOR (Name).- Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS 191 North First Street MNLINGADDRESS: San Jose CA 951 13 ZITY AND ZIP CODE: _ BRANCHNAMEZ PWNT'FFZ Discover Bank DEFENDANT: Maritess G Gage DOES 1 TO CONTRACT m _ cOMPLAINT E AMENDED cowIPLAINT (Number):DEE CRoss.c0MpLAlN-r E AMENDED CROSS-COMPLAINT (Number): L-E 2.sdlctlon (check all that apply): ACTION ls A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 ACTION ls AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by thls amended complaint or cross-complaint Efrem limited to unlimitedE from unlimited to limited CASE NUMBER DUE 1. Plaintiff' (name or names): Discover Bank alleys causes of action against defendant‘ (name or names): Maritess G Gage 2. This pleading, including attachments and exhibits, consiss of the following number of pages: 3‘ 3. a. Each plaintiff named above ls a competent adult ~m except plaintiff (name): Discover Bank (1) Ea corporation qualified to do business 1n California (2) Dan unincorporated entity (describe): (3) mother (SPeCifY): Corporation b.E Plaintiff (name): a E has complied wlth the fictitious business name laws and'Is doing business under the fictitious name (specify): b-E haé complied with all licensing requirements as a licensed (special): c.D 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'zation. form unknown (1)E a business organization. forrn unknown (2)E a corporation (2)E a corporation U (3)E an unincorporatedentity (describe): (3)E an unincorporated entity (describe): :7 (4)E a qulicenmy (descn-be): ‘ (4) E‘ a public entity (describe):' (5) mother (specific: V -v (5)E other(specify)-' ‘ m . v ‘ If this loan is used as a ems-oomplaim. plaintiff means avss-wmplaimnt and defendant means crossdelendam‘ Page 1 of 2 F%Tdm'ngmnéflfoggxfigse F‘ COMPLAINT-Contract Code otcwnProcecure.§425.12 PLp-Oflm [Rem Jammy 1. 2007] Ameriwn LsgalNet. Inc. _ _ < r , _ www.FamsWorkflowsom PLD-C-001 ‘ SHORT TITLE: CASE NUMBER Discover Bank V. Maritess G Gage 4. (Continyed) b. The :true names of defendants sued as Does are unknown to plaintiff. (1)E Doe defendants (specify Doe numbers): were the agents or employees of the named l defendants and acted within the scope of that agency or employment. (2) ID Doe defendants (specify Doe numbers): are persons whose capacities are unknown to i plaintiff. 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. E Plaintiff is required lo comply with a claims statute, and a. E has complied with applicable claims statutes. or b. E is excused from complying because (specify): 6. D Th s action is subject to D Civil Code section 1812.10 E Civil Code section 2984.4. 7. This coun is the proper court becausé a defendant entered into the contract here. 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 (special): - DEDUEDU 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 ofContract m C+mmon CountsE Other(speciry): 9. E Oher allegations: 10. Plaintiif prays forjudgment for costs of suit; for such relief as is fair. just. and equitable; and for a E damages of. $ 4236.99 b. E intereston the damages (Um accordingtoproof ~ .. ‘ . ¥ ‘ ' (2)E at the rate of (specify): , percent per year from (date): c. C attorney's fees ** Plaintifi‘waives attorney’s fees (1)D of: $ (2)D according to proof. d. m other {SpeciMI Costs of suit and postjudgment interest according to statute. 11. E The paragraphs of this pleading alleged on information and belief are as follows (specifl paragraph numbers): ‘ Adam Brumage__ Maria Bradish_ Don Phan-Huy_ awe oapmm NAME) (SIGNAWOF pLAIN'nFF 0R ATTORNEY) -- --- (h'you wish to verify this pleading, affix a verification ) PLocmn (Rev. January 1. 2007] ~ COMPLAINT_contract page 2 o! 2 Ryota Isozaki_ Dcm'ck Uhri_ J-eremy Kimmelman7 APW8%I% L321 Eric Marquez_ KarlieD. Sch-afer__ VPLo-c-oo1(2) SHORT Discover Bank V. Maritess G Gage TITLE: CASE NUMBER: C FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENTTO m Complaint E Cross-Complaint (L se a separate cause of action form for each cause ofaction.) 031. Plaintiff (name): Discover Bank alleges that defendant (name): Maritess G Gage became indebtedto E plaintiff E other (name): a. within the last four years . (1) - on an open book account for money due. (2) m because an account was stated m writing by and between plaintiff and defendant'In which it was agreed that defendant was indebted to plaintiff. b. E within the last D two years E four years (1) E for money had and received by defendant forthe use and benefit of plaintiff. (2) E for work, labor. services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.m the sum of $D the reasonable value. (3) E for goods, wares. and merchandise soId 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 lo defendant at defendant's request. (5) m for money paid. laid out. and expended to or for defendant at defendant's spec‘al instance and request. (6) m other (specify): This cause of action relates to the Discover Bank credit card having account number XXXXXXXXX)Q(X3290. 3-2. $ 4236.99 .which is the reasonable value, is due and unpaid despite plaintifi‘s demand. plus prejudgment interest E according to proof D at the rate of percent per year from (date): V 3.-3 D Plaintiff'Is entitled to attorney fee‘s by an agréemént or a statuteD of $ ** Plaintiff waives attorney’ s feesE according to proof. :4. m omen Costs of suit and postjudgment interest according to statute. _ Page " ' “M’ ago 1 on F meavoro uo wse ~ oodeorcwu Procedure. 5425.12magemmgn #CAUSE 0F ACI!°N-62mm°n Counts w WWW, PLo-oomm [Rem January 1, 2009] Amenwn LegaINet. Inc. www.FormsWomfloonm