Complaint Limited Up to 10KCal. Super. - 6th Dist.May 3, 2021PLD-C-001 : Fl LED FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 I 5/3/2021 10:47 AM ZWICKER & ASSOCIATES, P.C., A Law Firm Engaged in Debt Collection CIerk of Court 1320 WILLOW PASS ROAD, SUITE 730 h . CONCORD, CA 94520 ouperlor Court of CA, TELEPHONE No.: (925)689-7070 TELEPHONE No.: (925)689-7070 county Of santa Clara E-MAILADDRESS (optional); ZACNLITIGATI0N@ZWICKERPC.COM 21 CV381 208 ATTORNEY FOR (Name): DISCOVER BANK RGVieWGd By: K. HimeS SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 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 PLAINTIFF: DISCOVER BANK DEFENDANT: JULIATY KOSASIH and DOES 1-10, inclusive D DOES1To 10 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 21 CV381 208 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 1. Plaintiff* (name or names): DISCOVER BANK alleges causes of action against defendant* (name or names): JULIATY KOSASIH and DOES 1-1 0, inclusive CASE NUMBER: 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: 3. a. Each plaintiff named above is a competent adult X except plaintiff (name): DISCOVER BANK (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) E other (specify): Plaintiff is a FDIC-insured Delaware State Bank. b. D Plaintiff (name).- a. D has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. D has complied with all licensing requirements as a licensed (specify): c. D Information about additional plaintiffs who are not competent adults is shown in Attachment 30. 4. a. Each defendant named above is a natural person D except defendant (name): D except defendant (name): (1) D a business organization, form unknown (1) D a business organization, form unknown (2) D a corporation (2) D a corporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify): (5) D other (specify): * Ifthis form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Fogggfirggecilfggggtlonal Use Judlclal COMPLAINT-Contract Code of C1v11 Procedure, § 425. 12 PLD-C-001 [Rev. January 1, 2007] CNCMP 5842433 PLD-C-001 SHORT TITLE: CASE NUMBER: DISCOVER BANK v. JULIATY KOSASIH 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 judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. E damages of: $ 8,01 1 .37 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. Other (specify): Post-Judgment interest. 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date; 4/29/21 [XJANET L. BROWN #208602 9M4 5mm [ ]JESSICA M. GARCIA #314298 > (TYPE 0R PRINT NAME) V (SIGNATURE 0F PLAINTIFF 0R ATTORNEY) (Ifyou wish t0 verifiz this pleading, affix a verification.) Page 2 of2 PLD-C-OOl [Rev. January 1, 2007] COMPLAINT_C0ntract CNCMP 5842433 SHORT TITLE: DISCOVER BANK V. JULIATY KOSASIH and DOES 1-10, inclusive CASE NUMBER: 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): DISCOVER BANK alleges thatdefendant (name):JUL|ATY KOSASIH, and DOES 1 through 10, inclusive, becameindebtedto g plaintiff D other (name): a. fi within (1) (2) b. E within (1) (2) (3) (4) (5) (6) the last four years X on an open book account for money due. X 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 g 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 $8,01 1 .37 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. g 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 8229. 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 8229 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. E Other: $8,01 1 .37, 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 0F ACTION-Common Counts C°d°°fCiVflPr°°edure’ § 425'”www. courtinfo. ca.g0v 5842433 EXHIBITA mm DISCOVER IT® CARD EDING IN 8229 CARDMEMBER SINCE 2004 DISCOVER' Account Summary 01/07/2021 - 01/31/2021 Previous Balance $8,011.76 Payments and Credits -$8,011.76 Purchases +$0.00 Balance Transfers +$0.00 Cash Advances +$0.00 Fees Charged +$0.00 Interest Charged +$0.00 New Balance: $0.00 See Interest Charge Calculation section followingthe Fees and Interest Charged section for detailed APR information Credit Line $7,600 Credit Line Available $0 Cash Advance Credit Line $1,130 Cash Advance Credit Line Available $0 Your FICO® Score is unavailable. Log in at Discover.com/FICO or contact us at 1-800-347-2683 to learn more. Payment Coupon Detach at perforation above and return with check payable to Discover. Do not fold, clip, staple or send cash. JULIATY KOSASIH 293 Bernal Rd San Jose CA 95119-1811 New address, email or phone? Please update on reverse. Payment Information New Balance Minimum Payment Payment Due Date 50.00 $1,374.61 02/26/2021 Late Payment Warning: Ifwe do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $40.00. Notice: See reverse side for important information ACCOUNT NUMBER ENDING IN 8229 New Balance $0.00 Minimum Payment Due $1,374.61 Payment Due Date 02/26/2021 Amount Enclosed $ For a faster, easier Q Discover.com k 1-800-347-2683 way to pay” See reverse for payment cut offtimes. P0 BOX 6103 CAROL STREAM IL 60197-6103 DISCOVER IT® CARD ENDING IN 8229 JULIATY KOSASIH Page 2 of4 OPEN TO CLOSE DATE: 01/07/2021 - 01/31/2021 Important lnfonnation See your CardmemberAgreement. Your CardmemberAgreement contains all the terms ofyourAccount. Lost or Stolen Cards. Report immediately! Call 1-800-347-2683. What To Do lfYou ThinkYou Find A Mistake On Your Statement: Ifyou thin k there is an error on your statement, write to us at Discover, PO Box 30421, Salt Lake City, UT 84130-0421, or submitthe form provided at https://discover.com/billingerrornotice. You must contact us within 60 days afterthe error appeared on yourstatement. You may call us, but ifyou do we are not required to investigate any potential errors, and you may have to paythe amountin question. The Billing Rights Notice further explainsyourrights. Please see your CardmemberAgreementorvisit https://discover.com/billingrights fora copy ofthis Notice. Payments. You may pay all or part ofyourAccount balance at any time. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only yourallowable form ofpayment ("Payment") and the bottom portion ofthis statement in the envelope provided, afteraffixingpostage. Payments sent without proper postage will be returned to the sender. Ifyou pay by check, you authorize us to use information on your check to make an electronicfund transferfrom your accountat the financialinstitution indicated on yourcheck orto process the paymentas a check transaction. Ifa Payment is processed as an electronic fund transfer, the transferwill be forthe amount ofthe check, funds may be withdrawn from your account as soon as the same day we receive yourcheck, and you will not receive your check back. Please do not send cash. Sending cash is not allowed. The processing ofyour allowable form of Payment may be delayed ifyou send cash or correspondence with your Payments, ifyou send the Paymentto any otheraddress, or ifyou use an envelope other than the one provided. Payments received at our processing facility by 5PM local time on any day will be credited t0 yourAccount as ofthat day. Payments received at our processing facility after 5PM local time will be credited t0 yourAccount as ofthe next day. Ifyou have misplaced yourenvelope, send your Paymentto Discover, P0 Box6103, Carol Stream, |L 60197-6103. Please allow 7-10 days for delivery. Ifyour Payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. Payments made online or by phone before Midnight Eastern Time on any day except your Statement Closing Date will be credited as of the same day; on your Statement Closing Date, online and phone payments must be made before 5:00 PM Eastern Time to be credited as of that day. You can also make a Payment orset up automatic payments by calling 1-800-347- 2683. Automatic payments forthe billingperiod shown on yourstatementwill be deducted on the Payment Due Date shown on that statement, orthe next automatic payment date referred to on your statement, unless you request a recurring payment date that occurs before yourPayment Due Date. In orderto schedule monthly payments by telephone, you will need this statement and your bank account information.Youwill be asked to provide the lastfour (4) digits ofthe social security numberofthe primary borrower as yourelectronic signature. By providing those numbers, you will be agreeingto this authorization to allow us and your bankto deduct each paymentyou authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing ofsuch payment. You can cancel or modifya payment from your bank account until 5:00 PM Eastern Time on the day such payment is scheduled by calling 1-800-347-2683 or by mail at Discover, PO Box 30421, Salt Lake City, UT 84130-0421. Same day online or phone payments from bank account made after 5:00 PM Eastern Time may be modified before Midnight Eastern Time of that day. Payments from Cashback Bonus cannot be modified or cancelled after being made or scheduled. Ifyourpayments may vary in amount,we will tellyou on each monthly billing statementwhen your paymentwill be made and how much it will be. You must ensure that sufficientfunds are availablein your bank account, and all transactions must comply with U.S. law. You can set up automatic payments for: (i) statement New Balance, (ii) statement Change ofAddress Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar amount, or (iv) other dollaramount. Ifyour scheduled "Other dollaramount" payment is not enough to cover the Minimum Payment Due as listed on your monthly billing statement, yourscheduled payment forthat month will be increased to cover the Minimum Payment Due. Ifthe scheduled payment is greaterthan the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. Ifyour scheduled payment is greaterthan the New Balance on your billing statement, that payment will be processed only forthe amount ofyour New Balance. Your automatic payment amount may be less than the amount indicated on the billing statement based on credits or payments afterthe Close Date. Ifyou enroll by phone in our automatic payment service, please fill-in the following blanks below and retain the authorization foryour records. Amount OFull Pay OMin Pay OMin Pay+$ QOtherAmount$ Bank Routing# BankAccount# Monthly on theO Payment Due Date, or O Day ofthe month (INSERT DATE) Credit Reporting. Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on yourAccount may be reflected in yourcredit report. We normallyreportthe status and payment history ofyourAccountto credit reporting agencies each month. Ifyou believe that our report is inaccurate or incomplete, please write us at this address: Discover, PO Box 30939, Salt Lake City, UT 84130-0939. Please include your name, address, home telephone numberand Account number. Payinglnterest. Yourdue date is at least 25 days afterthe close of each billing period (at least 23 days for billing periods that begin in February). We will begin charging intereston Cash Advances and Balance Transfers as of the later ofthe Transaction Date or the first day ofthe billing period in which the transaction posted to your Account. Ifyou paythe New Balance on yourcurrent billingstatement bythe Payment Due Date shown on that billingstatement, we will not impose interest charges on New Purchases. New Purchases are Purchases that first appear on the next billing statement. Interest will continue to accrue each day on purchases that appeared on previous billingstatements untilyou pay the New Balance in full and will be billed in the next billingcycle. HowWe Calculate Interest Charges. We Use the Daily Balance Method (including current transactions) to calculate the Balance Subject to Interest Rate. For more information, please call us at 1-800-347-2683. Balance Subject To Interest Rate.Your statementshows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rate is the average ofthe daily balances duringthe billing period. Credit Balances. IfyourAccount has a credit balance, the amountis shown on the front ofyour billing statement.A credit balance is money that is owed to you. You may make charges againstthis amount ifyourAccount is open. We will send you a refund ofany remainingbalance of $1.00 or more after6 months, or as otherwise required by applicable law, or upon request made to the address in the Contact Us section on page 3 of your billing statement. BalanceTransfers. Balance Transfers are offered at our discretion and accrue interest at the standard purchase rate unless we tell you otherwise. Discover may monitorand/or record telephone calls between you and Discover representatives forquality assurance purposes. Send inquiries to Discover, PO Box 30943, Salt Lake City, UT 84130 The Discover® card is issued by Discover Bank, Member FDIC. DIT23-27.0420 If correct on front, do not use. To make changes to your address, email ortelephone number, please print clearly in blue or black ink, in the space provided or visit Discover.com. StreetAddress Home Phone Work Phone City Email State, Zip ONLINE PHONE PAYMENTS Page 3 oft. Discover.com or 1-800-347-2683 Discover DISCOVER |T® CARD mDINGIN 8229 download Our app TDD 1-800-347-7449 PO BOX 6103 OPEN T0 CLOSE DATE: 01/07/2021 . 01/31/2021 Carol Stream |L 60197-6103 Transactions Cashback Bonus® Rewards TRANS PREVIOUS BALANCE $0.00 DATE PAYMENTS AND CREDITS AMOUNT EARNED THIS PERIOD +$o_oo 01/07 CASHBACK BONUS STATEMENT CREDIT -$0.39 REDEEMED THIS PERIOD $0.00 01/31 INTERNAL CHARGE-OFF -$8,011.37 CASHBACK BONUS BALANCE $0.00 Fees and Interest Charged TOTAL FEES FOR THIS PERIOD $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2021 TOTALS YEAR-TO-DATE CHARGED AMOUNT TOTAL FEES CHARGED IN 2021 $40.00 TOTAL INTEREST CHARGED IN 2021 $92.71 Interest Charge Calculation YourAnnual Percentage Rate (APR) is the annual interest rate on your account. CURRENT BILLING PERIOD: 25 DAYS PROMO BALANCE SUBJECT INTEREST TYPE 0F BALANCE APR‘ APR EXPIRES" T0 INTEREST RATE CHARGE Purchases 14.24% V N/A $0.00 $0.00 Cash Advances 23.99% V N/A $0.00 $0.00 Balance Transfers 0.00% 03/06/21 $0.00 $0.00 V = VARIABLE RATE * lfyour account is currentlyenrolled in a special program or is placed into one duringthe term ofthe offer, youwill receive the benefit ofthe lower rate while the special program is in effect. This includes, ifapplicable, any lower rates as authorized underthe Servicemembers Civil ReliefAct. ** This is the date your promotional rate expires and the remaining balancewill be moved to yourstandard APR disclosed when you accepted the offer. Please note: Changingyour payment due date may change yourPromo APR Expiration Date. *** For more information, please call us at 1-800-347-2683. Information ForYou Availability of FICO® Credit Score As an active cardmember, you may see your FICO® Credit Score on your monthly statement or online. Reasons why you may not see your FICO® Credit Score include: if you opt out; ifyou have key information that is mismatched or missing, as one example, an address change that has not been updated with Discover or TransUnion; if your credit history is too new; if your account status is abandoned, bankrupt, fraud, lost or stolen, closed, revoked, or charged off; ifyou have a foreign address. Your F|CO® Score is disclosed on statements when your statement is available. You may not receive a statement if you have no account activity such as no purchase transactions, fees, interest, or payments for approximately 30 days. FICO is a registered trademark ofthe Fair Isaac Corporation in the United States and other countries. DISCOVER IT® CARD ENDING IN 8229 Page 4 of 4 JULIATY KOSASIH OPEN TO CLOSE DATE: 01/07/2021 - 01/31/2021
