Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 28, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 4/28/2021 3240 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 36 Thomas J. Sebourn, SBN 279272 Rewewed By: Ashley M Nlcholas J. Babllls, SBN 291676 6337080 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 SUTTELL & HAMMER, APC 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 775374.001 SUPERIOR COURT OF CALIFORNLA, FOR THE COUNTY OF SANTA CLARA LIMITED CIVIL JURISDICTION DISCOVER BANK No. 21 CV381 136 Plaintiff, vs. COMPLAINT FOR DAMAGES DEBORAH BRAKE Common Counts: Book Account, Account Stated Defendant. PRAYER AMOUNT: $56 1 7.87 PLAINTIFF ALLEGES CAUSES OF ACTION AS FOLLOWS: GENERAL ALLEGATIONS 1. Plaintiff is a FDIC insured Delaware State Bank, organized and existing under the laws of the State of Delaware and is qualified t0 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 provisions of Sections 1812.10 and 2984.4 0f the California Civil Code, Section 395(b) of the California Code 0f Civil Procedure. COMPLAINT FOR DAMAGES - 1 SUTFELL & 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 5. That at all times material, Defendant has been the obligor 0f a certain credit card account bearing number XXXXXXXXXXXX343 1 , and that Defendant agreed by the use of said credit card: (1) to assume responsibility for all credit extended 0n the basis of 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 on said agreement. 6. By the use of said credit account, Defendant has become indebted on said account in the amount 0f $5617.87, which is due and unpaid despite Plaintiff’s demand. CAUSES OF ACTION - COMMON COUNTS 7. Plaintiff realleges and incorporates herein the allegations set forth above. FIRST CAUSE OF ACTION: OPEN BOOK ACCOUNT 8. Defendant became indebted to Plaintiff within the last four (4) years on 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 0f $5617.87, plus any applicable costs and interest accruing at the rate of 10 percent per annum 0n the principal amount 0f the money judgment remaining unsatisfied, for a balance due 0n a book account for money paid, lines of credit extended, and/ 0r funds expended by 0r for Defendant. SECOND CAUSE OF ACTION: ACCOUNT STATED 11. Defendant became indebted t0 Plaintiff Within the last four (4) years 0n an account stated. 12. Defendant, by words 0r conduct, agreed that the amount stated in the account was the correct amount owed to Plaintiff and promised t0 pay the stated amount. COMPLAINT FOR DAMAGES - 2 SUTFELL & 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 13. To date, Defendant has not paid any 0r all of the amount owed under this account. 14. Defendant owes Plaintiff the sum total 0f $5617.87, plus any and all applicable costs and interest accruing at the rate of 10 percent per annum on the principal amount of the money judgment remaining unsatisfied, for a balance due on an account stated for money paid, lines of credit extended, and/or funds expended by or for Defendant. PRAYER FOR RELIEF: Plaintiff prays for judgment against Defendant as follows: A. For damages in the amount 0f $5617.87, less any payments made; B. For costs of suit incurred herein; and C. For the statutory interest rate of 10 percent per annum 0n the principal amount of the money judgment remaining unsatisfied pursuant t0 California Code of Civil Procedure § 685.010; and D. For any further sum which may be proven at time of trial, and if allowed by law 0r contract, or any other relief as the court deems just and equitable. Dated Aprfl 26, 2021 Respectfully Submitted, SUTTEL HAMMER,APCQ/ ( ) Erin E. Patterson, SBN 262285 U ( ) Thomas J. Sebourn, SBN 279272 ( ) Jason W. Tang, SBN 3 14337 ( )Nicholas J. Babilis, SBN 291676 ( )Bora Song, SBN 329308 (X) Carina M. Jordan, SBN 302099 ( )Patrick J. Layman, SBN 59643 ( ) Shane T. Wate, SBN 302738 Attorneys at Law s/h 775374.001 COMPLAINT FOR DAMAGES - 3 SUTTELL & HAMMER, APC PO Box C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX