Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.April 30, 2021

KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 4/30/2021 10:00 AM Anna C. Karkoon, Sate Bar #295797 Clerk Of COUFt Christine Siduguen, State Bar #240380 Superior COUI't Of CA, Paul J. Klemm, State Bar #199194 County of Santa CIara ?giciifiihl/Iope Road Suite 300 21 CV381 162 Brook'fidd WI 53005 ’ ReVIewed By: R. Cachux Telephone: (877) 215-2552 Facsimile: (877) 396-4464 E-mail Address: LawfirmCA@rsieh.com Attorneysfor Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, DOWNTOWN SUPERIOR COURT American Express National Bank, ) Case No.: 21 cv381 162 ) Plaintiff, ) COMPLAINT FOR: ) 1. ACCOUNT STATED vs. ) ) SAMUEL NJOROGE; ) PRAYER AMOUNT: $10,445.50 and DOES 1 through 10, inclusive, ) ) LIMITED CIVIL CASE Defendants. ) ) Plaintiff American Express National Bank (“Plaintiff’) alleges the following facts as to all causes of action as follows: 1. Plaintiff is qualified to do business in California. 2. This Court is proper for this action because Plaintiff is informed and believes that Defendant SAMUEL NJOROGE is a resident Within the jurisdictional boundaries 0f this Court. 3. Plaintiff is informed and believes that Defendant SAMUELNJOROGE and Defendants sued by the fictitious names DOES 1 through 10 (“Defendants”) are responsible for the alleged debt; however, Plaintiff is unaware 0f the true names and capacities 0f DOES 1 through 10 and Will seek leave 0f this Court to amend this Complaint when the true names and capacities have been ascertained. 1 COMPLAINT 4271291 KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Plaintiff believes that at all times mentioned herein, Defendants, and each 0fthem, were the agent, servant, employee, 0r employer, and acted in the capacity and as agent, ofeach and ofthe other Defendants. Plaintiffalso believes that each ofthe Defendants is j ointly and severally liable in that the actions were taken for the benefit of the Defendants' separate and/or community property. 5 . Plaintiffis seeking t0 recover the amount 0f$ 1 0,445 .50. This is the past-due balance 0n a credit card account, Which was opened and used by Defendants for value received from Plaintiff with the original account number ending in *********** 1002 (the “Account”). The amount due is the result 0ftransactions that occurred on the Account. 6. Plaintiff is the sole owner 0f the debt at issue. 7. Plaintiff alleges that the date 0f the last payment was October 31, 2020. 8. Before commencement ofthis action, Plaintiffinformed Defendants in writing that it intended to file this action and that this action could result in ajudgment against Defendants that would include court costs allowed by California Code of Civil Procedure, section 1033, subsection (b)(2). FIRST CAUSE OF ACTION - (Account Stated) 9. Plaintiff realleges and incorporates by reference all 0f the foregoing paragraphs. 10. Defendants opened, used, and derived benefit from the Account through Defendants' own use of the Account 0rby another's use at Defendants' direction. Byusing the Account, Defendants expressly agreed 0r impliedly promised t0 repay Plaintiff. 11. Within the past four years, Defendants became indebted 0n the Account t0 Plaintiff in the sum 0f $10,445.50 0n an account stated in writing by and between Plaintiff and Defendants in which it was agreed that Defendants were indebted t0 Plaintiff. 12. Regular monthly statements were mailed to Defendants listing the debits, credits, and balance due. Plaintiff has no record 0f Defendants timely objecting to the statements after receipt. 2 COMPLAINT 4271291 \DOONO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. Plaintiff has made demand upon Defendants for repayment 0f the account stated; however, Defendants have failed to satisfy the balance due. 14. As of the date of this Complaint, there is due and owing the unpaid sum of $10,445.50. WHEREFORE, Plaintiff prays for judgment against Defendants as follows: 1. For the unpaid principal balance 0f $ 10,445.50; 2. For costs of suit; 3. For such other relief as the Court may deem just and proper. DATED: 04/26/2021 RAUSCH STURM GJHM&_..%MJ- Christine Siduguen Attorneys for Plaintiff 3 COMPLAINT 4271291