Complaint Limited Up to 10KCal. Super. - 6th Dist.April 28, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 4/28/2021 3238 PM Clerk of Court Erin E. Patterson, SBN 262285 Superior Court 0f CA, Jason W. Tang, SBN 3 14337 Bora Song, SBN 329308 County 0f Santa Clara Patrick J. Layman, SBN 59643 21 CV381 1 34 Thomas J. Sebourn, SBN 279272 Rewewed By: Ashley M Nlcholas J. Babllls, SBN 291676 6337041 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 SUTTELL & HAMMER, A.P.C. P.O. Box C-90006 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 Facsimile: (425) 453-3239 california@suttelllaw.com Attorneys for Plaintiff s/h 771398.001 SUPERIOR COURT OF CALIFORNLA, FOR THE COUNTY OF SANTA CLARA LIMITED CIVIL JURISDICTION Synchrony Bank NO. 21 CV381 1 34 Plaintiff, vs. COMPLAINT FOR DAMAGES HenryM Lima Common Counts: Open Book Account Defendant. PRAYER AMOUNT: $5266.53 PLAINTIFF ALLEGES CAUSES OF ACTION AS FOLLOWS: GENERAL ALLEGATIONS 1. Plaintiff is a FDIC insured bank qualified to do business in the State 0f California. 2. Defendant is a natural person. 3. Defendant currently resides in this judicial district, therefore, jurisdiction and venue are proper in this court. 4. The claims sued upon herein were made and entered into. The claims sued upon herein are due and payable in this judicial district and/or county, and are not subj ect t0 the COMPLAINT FOR DAMAGES - 1 SU'ITELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX ackenzie 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provisions of Sections 1812.10 and 2984.4 0f the California Civil Code, Section 395(b) of the California Code of Civil Procedure. 5. That at all times material, Defendant has been the obligor 0f a certain credit card account bearing number XXXXXXXXXXXX6152, and that Defendant agreed by the use 0f said credit card: (1) to assume responsibility for all credit extended on the basis 0f said accounts; (2) t0 pay monthly upon the unpaid account balance, including any and all service charges; and (3) upon default in payment, that all obligations shall become immediately due and payable; and Defendant has defaulted 0n said agreement. 6. By the use of said credit account, Defendant has become indebted 0n said account in the amount 0f $5266.53, which is due and unpaid despite Plaintiff’s demand. CAUSE OF ACTION - OPEN BOOK ACCOUNT 7. Plaintiff realleges and incorporates herein the allegations set forth above. 8. Defendant became indebted t0 Plaintiff within the last four (4) years 0n an open book account for money due. 9. Plaintiff kept an account of the debts and credits involved in the transactions. 10. Defendant owes Plaintiff the sum total of $5266.53, plus any applicable costs, for a balance due on a book account for money paid, lines 0f credit extended, and/ 0r funds expended by or for Defendant. COMPLAINT FOR DAMAGES - 2 SUTI'ELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRAYER FOR RELIEF: Plaintiff prays for judgment against Defendant as follows: A. For damages in the amount 0f $5266.53, less any payments made; B. For costs 0f suit incurred herein; and C. For any further sum which may be proven at time of trial, and if allowed by law 0r contract, 0r any other relief as the court deems just and equitable. Dated Aprfi 26, 2021 Respectfully Submitted, SUTTELL & HAMMER, A.P.C. ) Erin EMn/emn, SBN 262285 ) Jason W. Tang, SBN 3 14337 ( )2 Bora Song, SBN 329308 ( ) Patrick J. Layman, SBN 59643 ( ) Thomas J. Sebourn, SBN 279272 ( ) Nicholas J. Babilis, SBN 291676 ( ) Carina M. Jordan, SBN 302099 ( ) Shane T. Wate, SBN 302738 Attorneys at Law s/h 771398.001 AA COMPLAINT FOR DAMAGES - 3 SUTI'ELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX
