Complaint Limited Up to 10KCal. Super. - 6th Dist.April 30, 20211346488 GURSTEL LAW FIRM, P.C. Gloria Zarco (CASB ¹199702) Kimberlee Tsai (CASB ¹227426) Rachel Haney (CASB ¹308259) 9320 East Raintree Drive Scottsdale, AZ 85260 Telephone: (877) 344-4002 Fax: (877) 750-6335 Attorneys for Plaintiff Discover Bank SUPERIOR COURT OF THE STATE OF CALIFORNIA SANTA CLARA COUNTY - SAN JOSE COURT 10 12 13 14 15 Discover Bank vs. Luis R Ramirez Jr Plaintiff Defendant. Case No. COMPLAINT FOR ACCOUNT STATED; OPEN BOOK ACCOUNT Prayer Amount: $4,568.23 16 Discover Bank("PlaintifF') alleges causes ofaction against Luis R Ramirez Jr ("Defendant") as follows: ]8 19 20 21 22 23 24 25 26 27 28 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is a FDIC insured Delaware State Bank, organized and existing under the laws of the State ofDelaware and is qualified to do business in the State of California. Plaintiff believes that Defendant is an individual who currently resides within the jurisdictional boundaries of this Court. Therefore, this Court is the proper Court for adjudication of this matter. Discover Bank vs. Luis R Ranairez Jr / Case Noz E-FILED 4/30/2021 2:25 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381182 Reviewed By: Ashley Mackenzie 21CV381182 6355084 On or about September 10, 2019, Plaintiffprovided Defendant with a credit account, and granted use privileges on the same, account number ending in ************7904 (hereinafter "Account"). Defendant used the Account to make purchases and/or take cash advances and/or make balance transfers, each time reaffirming Defendant's agreement to repay Plaintiff for the amount of the purchase and/or cash advances and/or balance transfers. Defendant failed to make payments as agreed on the Account and has failed to pay amounts 10 due on the Account. Taking into account all known payments, charges, offsets, if any, the amount due on this 12 account as of the date this Complaint was prepared is $4,568.23. 13 14 15 16 Although demand has been made upon Defendant to pay the outstanding balance on the Account, Defendant has failed to do so. FIRST CAUSE OF ACTION 17 18 19 20 21 Plaintiff refers to and incorporates paragraphs 1 through 6. Pursuant to the terms and conditions govenung the Account as well as the federal law, monthly statements were sent to the Defendant itemizing all payments made and charges due on the Account. 22 23 24 25 26 27 Within the last four years, an account was stated in writing in which it was agreed that Defendant was indebted in the amounts previously stated in the complaint. 10. Although demand has been made upon Defendant to pay said amount there remains an outstanding balance on the Account of $4,568.23, which has not been paid, and is now due and owing from Defendant to Plaintiff. 28 Discover Bank vs. Luis R Rarnirez Jr / Case Noz SECOND CAUSE OF ACTION (Open Book Account) 11. Plaintiff refers to and incorporates paragraphs I through 10. 10 12 13 14 15 16 12. Within the last four years, Defendant became indebted to Plaintiff in the amount previously referenced herein for a balance due on an open book account. 13. Plaintiff kept an account of the debits and credits involved in the transactions. 14. Although demand has been made upon Defendant to pay said amount there remains an outstanding balance on the Account of $4,568.23, which has not been paid, and is now due and owing from Defendant to Plaintiff. WHEREFORE, as to all Causes of Action, Plaintiffprays for judgment against Defendant, including but not limited to, the amounts as follows: 1. For damages of $4,568.23, plus post judgment interest at the statutory rate; 2. For costs of suit incuned herein; and 3. For such further relief that the Court may deem just and proper. 17 18 Dated: April 23, 2021 GURSTEL LAW FIRM, P.C. 19 20 21 22 Gloria Zarco Kimberlee Tsai Rache~aey 23 24 25 26 27 28 Discover Bank vs. Luis R Ramirez Jr / Case No.:
