Complaint Limited Up to 10KCal. Super. - 6th Dist.April 28, 2021PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 ZWICKER & ASSOCIATES, P.C.. A Law Firm Engaged in Debt Collection 1320 WILLOW PASS ROAD, SUITE 730 CONCORD, CA 94520 TELEPHONE No.: (925)689-7070 E-MAIL ADDRESS (Optional): ZACNLITIGATION@ZW|CKERPC.COM ATTORNEY FOR (Name): U.S. BANK NATIONAL ASSOCIATION TELEPHONE No.: (925)689-7070 : Fl LED FOR COURT USE ONLYI 4/28/2021 3:02 PM Clerk of Court Superior Court of CA, County of Santa Clara 21 CV381 127 Reviewed By: Ashley Macken SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 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 8336483 PLAINTIFF: U.S. BANK NATIONAL ASSOCIATION DEFENDANT: 1-10, inclusive D DOES 1 To 10 CATHERINE ABUTI JARO AKA CATHERINE ABU JARO and DOES CONTRACT E COMPLAINT D AMENDED COMPLAINT(Number): D CROSS-COMPLAINT D AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): ACTION Is A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $1 0,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) D ACTION IS RECLASSIFIED by this amended complaint or cross-complaint D from limited to unlimited D from unlimited to limited CASE NUMBER: 21 CV381 127 zie 1. Plaintiff* (name or names): U.S. BANK NATIONAL ASSOCIATION alleges causes of action against defendant* (name or names): CATHERINE ABUTI JARO AKA CATHERINE ABU JARO and DOES 1-10. inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 7 3. a. Each plaintiff named above is a competent adult X except plaintiff (name): U.S. BANK NATIONAL ASSOCIATION (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) E laws of the United States of America. b. D Plaintiff (name).- other (specify): U.S. Bank National Association is a national banking association organized under the a. D has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. D c. D 4. a. Each defendant named above is a natural person D except defendant (name): has complied with all licensing requirements as a licensed (specify): (1) D a business organization, form unknown (1) D (2) D a corporation (2) D (3) D an unincorporated entity (describe): (3) D (4) D a public entity (describe): (4) D (5) D other (specify): (5) D * Ifthis form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Form Approved for Optional Use Judicial Council 0f California PLD-C-001 [Rev. January 1, 2007] CNCMP COMPLAINT-Contract Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. D except defendant (name): a business organization, form unknown a corporation an unincorporated entity (describe): a public entity (describe): other (specify): Page 1 of 2 Code 0f Civil Procedure, § 425.12 5852396 PLD-C-001 SHORT TITLE: CASE NUMBER: U.S. BANK NATIONAL ASSOCIATION v. CATHERINE ABUTI JARO AKA CATHERINE ABU JARO 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: $ 4,672.65 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: 4/26/21 [XJANET L. BROWN #208602 9W g 5mm [ ]JESSICA M. GARCIA #314298 > (TYPE 0R PRINT NAME) y (SIGNATURE 0F PLAINTIFF 0R ATTORNEY) (Ifyou wish t0 verifi/ this pleading, affix a verification.) Page 2 of2 PLD-C-OOl [Rev. January 1, 2007] COMPLAINT_C0ntract CNCMP 5852396 SHORT TITLE: U.S. BANK NATIONAL ASS ABU JARO and DOES 1-10, inclusive CASE NUMBER: OCIATION v. CATHERINE ABUTI JARO AKA CATHERINE 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 . Plaintiff (name): U.S. BANK NATIONAL ASSOCIATION alleges that defendant (name): CATHERINE ABUTI JARO AKA CATHERINE ABU JARO, and DOES 1 through 10, inclusive, became indebted to g plaintiff D other (name): a. E within (1) (2) b. E within (1) (2) (3) (4) (5) (6) the last four years g on an open book account for money due. g because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. the last D two years E fouryears D for money had and received by defendant for the use and benefit of plaintiff. 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. for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of $4,672.65 D the reasonable value. D for money lent by plaintiff to defendant at defendant's request. D for money paid, laid out, and expended to or for defendant at defendant's special instance and request. X other (specify): For credit extended on the account issued by Plaintiff to Defendant(s) for purchases and/ or cash advances by Defendant(s) and/or persons with Defendant(s)’ permission. The account is identified as credit account ending in 8793. 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 8793 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. $, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest D according to proof D at the rate percent per year from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute D of$ D according to proof. CC-4. g Other: $4,672.65, 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 OF ACTION-Common Counts C°d°°fCiVflPr°°edure’ § 425'”www. caurtinfo. ca.g0v 5852396 EXHIBITA mm Ebanke January 2021 Statement Page 1 0f 2 Open Date: 12/12/2020 Closing Date: 01/13/2021 Account:-8793 u.s. Bank Platinum Visa® Card Cardmember Service fl 1-800-285-8585 CATHERINE ABU JARO BNK 25 U32 8 8 i Activity Summary Previous Balance + $4,591 .07 Payments $0.00 Other Credits $0.00 Purchases $0.00 Balance Transfers $0.00 Advances $0.00 h D ' . Minimum Payment Warning: If you make only the minimum SéleCheafiltsed :8 38 payment each period, you will pay more in interest and it will I t t Chg d + $81 '58 take you longer to pay off your balance. For example: n eres arge -' If you make no You will pay off And you will New Balance = $4’672'65 additional charges the balance shown end up paying Past Due $1 ,048-00 using this card and on this statement an estimated Minimum Payment Due $1 ,176.00 each 3;??? you In about... total of... Credit Line $4,000.00 Only the minimum 10 years $8,372 Avallable gred't _ None payment Days In BIIIIng Pernod 33 $172 3 years $6,221 (Savings=$2, 151) If you would like information about credit counseling services, call 866-951-1391. Payment W Mail payment coupon Pay online at I Pay by phone Pay at your local Options: M withacheck \Q usbankmm ‘I 1-800-285-8585 fl U.s. Bank branch Please detach and send coupon with check payable to: U.S. Bank Ebanko Account Number - 8793 Payment Due Date 2/09/2021 24-Hour Cardmember Service: 1-800-285-8585 NeW Balance $4.572.65 Minimum Payment Due $1,176.00 (I . to pay by phone I . to change your address Amount Enclosed $ U.S. Bank CATHERINE ABU JARO 1934 SUMATRA AVE P-O- 39X 790408 SAN JOSE CA 95122-2240 St. LOUIS, MO 63179-0408 IIIIIIIIIIIIIIIIII'llIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page 5 What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at: Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6335. In your letter or call, give us the following information: P Account information: Your name and account number. P Dollar amount: The dollar amount of the suspected error. F Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. While we investigate whether or not there has been an error, the following are true: P We cannot try to collect the amount in question, or report you as delinquent on that amount. P The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. P While you do not have to pay the amount in question, you are responsible for the remainder of your balance. P We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all ofthe following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6335 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Important Information Regarding Your Account 1. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: We calculate the periodic rate or interest portion of the INTEREST CHARGE by multiplying the applicable Daily Periodic Rate (“DPR”) by the Average Daily Balance ("ADB") (including new transactions) of the Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest from each category. We determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in each category, we add together the daily balances in those categories for the billing cycle and divide the result by the number of days in the billing cycle. We determine the daily balances each day by taking the beginning balance of those Account categories (including any billed but unpaid interest, fees, credit insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or credits applied against your Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for those categories on the later of the transaction date or the first day of the statement period. Billed but unpaid interest on Purchases, Advances and Balance Transfers is added to the appropriate balances for those categories each month on the statement date. Billed but unpaid Advance Transaction Fees are added to the Advance balance of your Account on the date they are charged to your Account. Any billed but unpaid fees on Purchases, credit insurance charges, and other charges are added to the Purchase balance of the Account on the date they are charged to the Account. Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the date they are charged to the Account. In other words, billed and unpaid interest, fees, and charges will be included in the ADB of your Account that accrues interest and will reduce the amount of credit available to you.To the extent credit insurance charges, overlimit fees, Annual Fees, and/or Travel Membership Fees may be applied to your Account, such charges and/or fees are not included in the ADB calculation for Purchases until the first day of the billing cycle following the date the credit insurance charges, overlimit fees, Annual Fees and/or Travel Membership Fees (as applicable) are charged to the Account. Prior statement balances subject to an interest-free period that have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation. 2. Payment Information: You must pay us in U.S. Dollars with checks or similar payment instruments drawn on a financial institution located in the United States. We wi|| also accept payment in U.S. Dollars via the Internet or phone or previously established automatic payment transaction. We may, at our option, choose to accept a payment drawn on a foreign financial institution. However, you wi|| be charged and agree to pay any collection fees required in connection with such a transaction. The date you mail a payment is different than the date we receive that payment. The payment date is the day we receive your check or money order at U.S. Bank National Association, P.O. Box 790408, St. Louis, MO 631 79-0408 or the day we receive your electronic or phone payment. A|| payments by check or money order accompanied by a payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by 5:00 p.m. CT on any banking day. Mailed payments that do not include the payment coupon and/or are mailed to a different address wi|| be processed within 5 banking days of receipt and credited to your Account on the day of receipt. |n addition, if you mail your payment without a payment coupon or to an incorrect address, it may result in a delayed credit to your Account, additional INTEREST CHARGES, fees, and possible suspension of your Account. Internet and telephone payment options are available, and crediting times vary (but generally must be made before 5:00 p.m. CT to 8 p.m. CT depending on what day and how the payment is made). If you are making an internet or telephone payment, please contact Cardmember Service for times specific to your Account and your payment option. Banking days are all calendar days except Saturday, Sunday and federal holidays. Payments due on a Saturday, Sunday or federal holiday and received on those days will be credited on the day of receipt. There is no prepayment penalty if you pay your balance at any time prior to your payment due date. 3. Credit Reporting: We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on your Account may be reflected in your credit report. Page 6 Ebanka January 2021 Statement 12/12/2020 - 01/13/2021 Page 2 of 2 l CATHERINE ABU JARo Caramember Service c 1-800-285-8585 Paying Interest: You have a 24 to 3O day interest-free period for Purchases provided you have paid your previous balance in full by the Payment Due Date shown on your monthly Account statement. In order to avoid additional INTEREST CHARGES on Purchases, you must pay your new balance in full by the Payment Due Date shown on the front of your monthly Account statement. There is n0 interest-free period for transactions that post to the Account as Advances or Balance Transfers except as provided in any Offer Materials. Those transactions are subject to interest from the date they post to the Account until the date they are paid in full. If you believe we have inaccurately reported information to any Consumer Reporting Agency, you may submit a dispute by writing to us. In order for us to assist you with your dispute, you must provide your name, address, phone number, account number, the specific information you are disputing, the explanation of why it is incorrect, and any supporting documentation (e.g., affidavit of identity theft), if applicable, to: U.S. Bank National Association Consumer Recovery Department Attn: CBR Disputes P.O. Box 108 St Louis, MO 63166-0108 Your account is seriously past due. We have very attractive settlement and reduced interest/payment programs. We urge you to call us at 1-877-838-4346. Interest Charged Post Date Transaction Description Amount 01/13 INTEREST CHARGE ON PURCHASES $81 .58 TOTAL INTEREST THIS PERIOD $81.58 Total Fees Charged in 2021 $0.00 Total Interest Charged in 2021 $81 .58 Your Annual Percentage Rate (APR) is the annual interest rate on your account. **APR for current and future transactions. Balance Annual Expires Balance Subject to Interest Percentage with Balance Type By Type Interest Rate Variable Charge Rate Statement PURCHASES $3,891 .81 $3,826.1 2 YES $65.69 18.99% “BALANCE TRANSFER $0.00 $0.00 YES $0.00 22.99% “PURCHASES $780.84 $764.95 YES $15.89 22.99% “ADVANCES $0.00 $0.00 YES $0.00 23.99% End of Statement Page 7
