Complaint Limited 10K and 25KCal. Super. - 6th Dist.May 3, 2021PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 ZWICKER & ASSOCIATES. P.C., A Law Firm Enqaqed in Debt Collection 1320 WILLOW PASS ROAD, SUITE 730 CONCORD, CA 94520 TELEPHONE No.: (925)689-7070 TELEPHONE No.: (925)689-7070 E-MAIL ADDRESS (Optional): ZACNLITIGATION@ZW|CKERPC.COM ATTORNEY FOR (Name): DISCOVER BANK - Fl LED FOR COURT USE ONLY 5/3/2021 2:28 PM Clerk of Court Superior Court of CA, Bounty of Santa Clara 21 CV381260 Reviewed By: Ashley Macken 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 m-LuatnAah- 5364638 PLAINTIFF: DISCOVER BANK DEFENDANT: KENNETH JASPER JR 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 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 CASE NUMBER: 21 CV381 260 zie 1. Plaintiff* (name or names): DISCOVER BANK alleges causes of action against defendant* (name or names): KENNETH JASPER JR and DOES 1-10, inclusive 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: 5 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 b. D Plaintiff (name).- other (specify): Plaintiff is a FDIC-insured Delaware State Bank. a. D has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. D c. D 4. a. Each defendant named above is a natural person D except defendant (name): has complied with all licensing requirements as a licensed (specify): (1) D a business organization, form unknown (1) D (2) D a corporation (2) D (3) D an unincorporated entity (describe): (3) D (4) D a public entity (describe): (4) D (5) D other (specify): (5) D * Ifthis form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Form Approved for Optional Use Judicial Council of California PLD-C-001 [Rev. January 1, 2007] CNCMP COMPLAINT-Contract Information about additional plaintiffs who are not competent adults is shown in Attachment 30. D except defendant (name): a business organization, form unknown a corporation an unincorporated entity (describe): a public entity (describe): other (specify): Page 1 of 2 Code ofCivil Procedure, § 425. 12 5835983 PLD-C-OO1 SHORT TITLE: CASE NUMBER: DISCOVER BANK v. KENNETH JASPER JR 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): 6D This actionis subjectto D CiviICode section1812.1o D CiviICode 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): DDEDfi sernwslo 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: $ 20,136.67 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): [ ] ANET L. BROWN #208602 - - JESSICA M. GARCIA #314298 >Wgm (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (Ifyou wish t0 verifiz this pleading, affix a verification.) Page 2 of2 PLD-C-OOl [Rev. January 1, 2007] COMPLAINT_C0ntract CNCMP 5835983 SHORT TITLE: DISCOVER BANK V. KENNETH JASPER JR 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): KENNETH JASPER JR, and DOES 1 through 10, inclusive, becameindebtedto g plaintiff D other (name): a. fi within the last four years (1) X on an open book account for money due. (2) 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. E withinthelast D two years g fouryears (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) 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. (3) D for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff D the sum of $ D the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) g other (specify): For a loan issued by Plaintiff to Defendant(s) upon request by the Defendant. The loan is identified as account ending in 7435. 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 7435 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 of $ according to proof. CC-4. E Other: $20,136.67, 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 5835983 EXHIBITA mm Borrower Name: KENNEI'H JASPER JR Loan Number: -|7435 1/7/2021 Effective Date Interest Balance Start 11/8/2019 Disb. ACH to KENNETH AJASPER A/C#2512 Disb 7 Consolidation to CHASE CARD SERV CCR CCR CCR CCR 4/19/2020 WEB Late Fee Assessed Late Fee Assessed WEB Late Fee Assessed 7 WEB 7/20/2020 Late Fee Assessed 7 WEB Late Fee Assessed Late Fee Assessed Late Fee Assessed Late Fee Assessed 12/21/2020 Late Fee Assessed $17 Total Outstanding Balance Interest Balance Fees Due Current Principal Balance $20,136.67 $1,765.77 $351.00 $18,019.90 ATTACHMENT CV-5052 CIVIL LAWSUIT NOTICE - RULE 3.740 COLLECTIONS CASE Superior Court of California, County of Santa Clara CASE NUMBER: 191 North First St., San José, CA 95113 PLEASE READ THIS ENTIRE FORM PLAINTIFF (the person suing): Within 180 days after filing the lawsuit, you must serve each defendant with the Complaint, Summons, and a copy of this Civil Lawsuit Notice -Rule 3.740 Collections Cases, and you must file written proof of such service. DEFENDANT(The person sued): You must do each of the following to protect your rights: 1. You must file a written response to the Complaint, using the proper legal form or format, in the Clerk’s Office of the Court, within 30 days of the date you were served with the Summons and Complaint; 2. You must send a copy of your written response on the Plaintiff’s attorney (to "serve by mail" means to have an adult other than yourself mail a copy to the Plaintiff’s attorney); and 3. You must come to Court when you are notified of a Court date. Warning: If you, as the Defendant, do not follow these instructions, you may automatically lose this case. Your CASE MANAGEMENT JUDGE is: in DEPT: Your Case Management Judge wi|| hear any motions filed in your case before trial. A motion is a written request, filed with the Court, asking the Court to make decisions about your case. RULES AND FORMS: You must follow the California Rules of Court (CRC) and the Superior Court of California, County of Santa Clara Local Civil Rules and use proper forms. You can get legal information, view the rules and get forms, free of charge, from the Self-Help Center at 201 North First Street, San José (408-882-2900 x-2926), or from: - State Rules and Judicial Council Forms: www.courts.ca.gov/forms.htm and www.courts.ca.gov/ru|es.htm - Local Rules and Forms: www.scscourt.org OTHER HELPFUL LEGAL RESOURCES: - On our website, click the Self-Help tab, then Civil www.scscourt.org - Lawyer Referral and Modest Means Panel: (408) 971-6822 www.sccba.com - California Codes ("The Law"): Select the code & click "Search" httpi/lleginfO-legiS'ature-ca-govlfaces/CodeS-Xhtml - Pro Bono Project Lawyers in the Library: San José, (408) 808-2382 www.probonoproject.org - Pro Bono Project Lawyers in the Library: Mountain View www.probonoproject.org - State Referral and Self-Help Resources website www.lawhelpcalifornia.org - Santa Clara County Law Library: 360 N. First St., San José, (408) 299-3567 www.scc||.org - Do-It-Yourself legal books wwsantaclaracountylib.org www.sjlibrary.org - Consumer Law - Alexander Law Center (Santa Clara University): (408) 288-7030 - Department of Consumer Affairs \MMN.dca.ca.gov - Office of Human Relations (Mediation) www.sccdrps.org WARNING: Sanctions may be imposed if you do not follow the California Rules of Court or the Local Rules of Court. CV-5052 Eff. 7/1/08 CIVIL LAWSUIT NOTICE - RULE 3.740 COLLECTION CASES Page 1 of1 CNCMP 5835983
