Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 26, 2021E-FILED 3/26/2021 11:01 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381336 Reviewed By: D Harris 21CV381336 PLD-C-OO‘! ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Sifts Bar number, and address): FOR COURT USE ONLYOsmundo Arguello, Esq. SBN: (323 154) MICHAEL & ASSOCIATES, PC 555 St. Charles Drive, Suite 204, Thousand Oaks, CA 91360 TELEPHONE N0: (805) 379-8505 FAX NOV (Optional): (805) 379-8525 E-MAIL ADDRESS (Oprional): ATTORNEY FOR (Name) American Express National Bank, Successor by Merger to American Express Bank, FSB SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP cooa:San Jose, CA 95] 13 BRAncH umaDowntown Superior Court PLAINTIFF: American Express National Bank, Successor by Merger to Amgrican Express Bank, FSB DEFENDANT: Luele Lebrun, aka Luele M Lebrun, aka Lucie Smith, aka Lucie Le Brun, individually and DBA Andy's Bar-B-Que DOES 1 To 20 CONTRACT COMPLAINT [j AMENDED COMPLAINT (Number).- EZ! CRoss-COMPLAINT B AMENDED caoss-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBERm ACTION 33 A LIMITED CIVIL CASE ' Amount demanded E: does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 x ACTION iS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION iS RECLASSIFIED by this amended comptaint or cross-complaintm from limited to unlimitedE from unlimited to limited 1- Plaintiff" (name 0r names}: American Express National Bank, Successor by Merger to American Express Bank, FSB alleges causes of action against defendant“ (name or names): Lucie Lebrun, aka Lucie M Lebrun, aka Lucie Smith, aka Lucie Le Brun, individually and DBA Andy's Bar~B-Que; Does 1 to 20. 2. This pleading, including attachments and exhibits, consists of the following number of pages: 10 3. a. Each piaintiff named above is a competent adult except Ptainfifi (name): American Express National Bank, Successor by Merger to American Express Bank, FSB (1) -a corporation qualified to do business in California (2) man unincorporated entity (describe): (3) [:jother (specify): b. E3 Plaintiff (name): a.a has complied with the fictitious business name ans and is doing business under the fictitious name (specifiy): b- {j has complied with all licensing requirements as a iicensed (specify): c.a Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above Es a natural person [:3 except defendant (name): E except defendant (name): (1) Ea business organization, form unknown (1) CZ] a business organization. form unknown (2)E a corporation (2)E a corporation (3) [:1 an unincorporated entity (describe): (3) C3 an unincorporated entity (describe): (4)a a public entity (describe): (4)E a public entity (describe): (5) m other (Specify): (5) [:1] other (specify): ' If this form is used as a cross-complaint. plaintiff means cross-complainant and defendant means cross-delendant. Page 1 of 2 Form Approved for Optional Use __ . . Judicial Come“ of California COMPLAINT contract Code of le Procedure, § 425.12 PLD-C-OO1 {RevV January 1. 2007] LexisNexis® A momaled California Judicial Council Forms PLD-C-OO1 SHORT TITLE' CASE NUMBER AMEX vs. Lebrun. et a1. 4. (Continued) b. The true names 0f defendants sued as Does are unknown to plaintiff, (1) Doe defendants (specify Doe numbers): 1*1 O, iHChlSiV‘i defendants and acted within the scope of that agency or employment. (2) Doe defendants (specify Doe numbers): 1130a illcllJSiVe plaintiff. were the agents or employees ofthe named are persons whose capacities are unknown to c. m Information about additional defendants who are not natural persons is contained in Attachment 4c. d_ I: Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. m Plaintiff is required to comply with a ctaims statute, and a. m has complied with applicable ciaims statutes, or b. E is excused from complying because (specify): 6. [j This action is subject to E Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because a. E] a defendant entered into the contract here. b. a a defendant lived here when the contract was entered into. C. a defendant lives here now. d, I: the contract was to be performed hereV e. E a defendant is a corporation or unincorporated association and its principal ptace of business is here. f. D real property that is the subject of this action is located here. g, E other (specifix): 8. The following causes 0f action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): E Breach 0fContract Common Counts D Other(specify): 9. E Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damagesof: $ 46,092.89 b. E interest on the damages (1)a according to proof (2)D at the rate of (specify): percent per year from (date): c, D attorney‘s feesmm of: $ (2)D according to proof. d. [j other (specify): 11. The paragraphs 0fthis pleading alleged 0n information and belief are as follows (specify paragraph numbers): 7 fig, 7, Date; March L7 .2021 ’ Osmundo Arguello. Esq. SBN: (323154) } /;C/ w- (TYPE OR PRINT NAME) (WNW 0R AflORNEY: (Ifyou wish to ven‘fy this pleading, affix a verification.) PLD-C-Om [Rev January 1, 2007} COMPLA|NT__Contract page 2 of 2 lexisfi’e'A'rsd} Aulumawa’ Cali/bmia Judmiu/ ("mmc‘u’ 1701711.? PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: AMEX VS. Lebrum et al. FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO Complaint D Cross-Complaim (Use a separate cause of action form for each cause of action.) CC-T- Plaintiff (Hamel American Express National Bank. Successor by Merger to American Express Bank. FSB Lucie LebnuL aka Lucie M LebruIL aka Lucie Smith aka Lucia Le BrmL individually 21nd DBA Andy's aneges that dafendant (name): Bar-B-Quc; Docs l lo 20. became indebtedto plaintiff E other (name): a. within the last four years (1) on an open book account for money due. (2) because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to piaintiff. bK E within the last E two years E four years (1) E] for money had and received by defendant for the use and benefit 0f plaintiff. (2) D for work, labor, services and materials rendered at the special instance and request of defendant and forwhich defendant promised to pay plaintiffV [:3 the sum of $ [j the reasonable value. (3) [j for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffE the sum of $D the reasonabte value (4) D for money lent by plaintiffto defendant at defendant's request, (5) E for money paid, laid out, and expended to or for defendant at defendant's special instance and request; (6) E other (specify): 00-2. $ 46309289 ,which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest D according to proof El at the rate of percent per year from (date): CC~3~ E P|aintiff is entitled to attorney fees by an agreement or a statuteE omD accordingto proof‘ CC-4. E Other: P399 3 0f 10 Page 1 of 1 Form Approved for Optwonal Use _ Code of Cm} Procedure. § 425 12 Judmal Councn of Cahforma CAUSE OF ACTION common Counts wwwcoumnfa ca 90v PLDAOOOHZ) [Rev January 1_ 2009] Lex'lss'VemsEi Automated Caz’flbrnm Judiczal FOMN'J/ Forms PLD-c-oouz) SHORT TITLE: CASE NUMBER: AMEX VS. Lebrun.‘ et al. SECOND CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO Compiaint D Cross-Complaint (Use a separate cause of action form for each cause of action) CC-1- P'aimifi (name)-‘ American Express National Bank, Successor by Merger t0 American Express Bank. FSB Lucie Lebrum aka Lucie M Lebrun. aka Lucw SmitlL aka Lucie Le BrUIL individually and DBA Andy's afleges that defendant (name)? Bar-BQuc; Does l to 20. became indebted to plaintiff E other (name): a. [:3 within the last four years (1) [j on an open book account for money due. (2) E because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted t0 plaintiff. b. within the East E two years four years (1) [j for money had and received by defendant for the use and benefit of plaintiff. (2) E] for work, labor, services and materials rendered at the specia| instance and request of defendant and for which defendant promised to pay plaintiff.E the sum of $E the reasonable value. (3) E for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised t0 pay plaintiffE the sum of $E the reasonable value. (4) for money lent by plaintiff to defendant at defendant‘s request (5) a for money paid, laid out. and expended t0 or for defendant at defendant‘s special instance and request. (5) [j other (specify): CC-2, $ 46,092.89 ,which is the reasonable value, is due and unpaid despite plaintiff‘s demand. plus prejudgment interest E according to proof E at the rate of percent per year from (date): CC-3. E Plaintiff is entitled to attorney fees by an agreement or a statuteE 0f$E accordingto proof. 00-4. E Other: Page 4 0f 10 Page 1 of1 Form Approved for Optronal Use __ Code of Owl Procedure §425 12 Judtmal Councd of Cahfomsa CAUSE OF ACTION common counts www courflnfo ca gov PLDvCflOMZ) {Rev January 1, 2009] Lexim’em’fi) Azzmnmred Calgfiu‘ma Judmial ( ‘mmw/ Forms Exhibit “A” Blue for Business® p. :25 ANDY'S BAR~B~QUE LUCIE LEBRUN Customer Care: 1-877‘258-3254 Closing Date 09f15/20 Next Ciosing Date 10/1 6/20 TTY: 1-800-221-9950 Account Ending 5006 Website: americanexpress.com l * , i Membership Rewardsg Paints g New Balance $46109289 i i‘ Available and Pending as of 08/31/20 f Minimum Payment Due $8,298.00 z . , 1018.66 E g F0: up to date pomt balance and ful! proglam mdudes the past due amount 0f $635600 E : details, visit membershiprewards.com ‘i E \V_, r i Pam?“ Due 93‘? .. , ,_ _ _. .. _ 7 , ._. 1°” 9/39 i Account Summary i Late Payment Warning: If we do not receive your Minimum Payment Due by j PFEVIOUS Balance “6.03389 i the Payment Due Date of 10/10/20. you may have to pay a late fee of up to 1 Payments/Credits -$0.00 g ‘ $39.00 and your APRS may be increased t0 the Penairy APR of 29.24%. g New Charges +3000 3 Fees +$39.00 I g {nteiest Charged +$0.0D Minimum Payment Warning: if you make only the minimum payment each period, New: Balance $46'092'89 ‘i you wiil pay more in interest and it wiil take you fonger to pay off your balance. For Mimmum Payment Due “1293-00 t ;’ example: ‘~Av¢~~v--~»~- #WWWW» v v ~ MVWWW j .,,.,__ Credit Limit $45,300.00 If you make n0 additional You will pay off the haiance And you wilt pay an charges and each month shown 0n this sIatement m estimated total ofm : . . i you Day". about" Cash Advance Limit $000 K Only the . _ ‘ . v E g Minimum Payment Due 32 V9313 $102,365 ‘ Days m Bmmg Penad‘ 30 i if you would iike information about credit counseiing services, call 188373344139 En See page 2 for important information about your account W Your account Es past due. Please refer to the IMPORTANT NOTtCES section 0n page S. G) This statement is for information purposes only. This is not a biH. Please contact your collections agency for account information. Disregard the Minimum Payment Due, your account is in default and the balance is due in full. ¢» Please fold on the perforation below, detach and return with your paymenw 1 Payment Coupon Pay by Computer r Pay by Phone Account Ending 5006L D0 not staple 0r use paper clips amerécanexptessxoml 1-800-472~92937 , . business Enter 15 digit account # on ail paynmnts‘ Make check payable to American Express. IIIIIIIIIIIII|Inl|lilulllIlll|llltllllilIllllllillliiiiilllllllll LUCEE'LEBRUN Payment Due DateANDY S BAR'B-QUE 10/10/20 _ New Balan ‘eSANTA CLARA CA 95050 4060 $46,092.83 Minimum Payment Due $8,298.00 IIIIIIIIIII'd'u'll'lllllll-IIIIIIIIH'IIIIIIIII'I‘IIII'III'II" See reverse side for instructions AMERiCAN EXPRESS $----- on how to update your addfegsl PO BOX 000} Amount EnClOSEd phone number, or emaill L05 ANGELES CA 90096~BOOO LUCIE LEBRUN Payments: Your payment must be sent Io the payment address shown on your statement and must be received by S pm. local time at that address to be credited as of the day it is received. Payments we receive after 5 pm. will not be credited to your Account until {he next day_ Payments must aiso; (1) include the remmance coupon from your statement; (2'; be made with a single check drawn on a US bank and payable in US dollars, or with a negotiabie instrument payable in US dollars and clearable through the US banking sysrem; and (3) include your Account number. if your payment does not meet all ofthe above requirements, crediting may be dekayed and you may Encur late payment fees and additional interest charges Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system If we accept payment in a foreign currency, we will convert it into US doflars at a conversion rate that is acceptable to us, untess a panicular raxe is required by law. Please do not send postvdated checks as they wii! be deposited upon receipt. Any restrictive language on a payment we accept wiIE have no effect on us without our express prior written approval. We wiil (e- present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawak: [3) When you send a check for payment, you give us permission to electronkally withdmw your payment from your deposit or other asset account We will process checks electronicafly by transmitting me amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processable electronicaliy 0r a less costiy process is available. When we process your (heck electronkally, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check. and you wiH not 1eceive that cancelled check with your financial accoum statement. if we canno! collect the funds electronically we may issue a draft against your deposit or other asser actoum for the amount of the check, (2) By using Pay By Computer, Pay By Phone or any other eiecuonic payment service of ours, you give us permission to electronically withdraw funds {tom the deposit or other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p‘m MST may not be credited untfi the next day, How We Calculate Your Balance: We use the Average Daily Balance (ADE) method [including new transactions) 10 calculate the balance on which we charge interest on your Account. Cali the Customer Care number on page 3 for more information about this baiance computation method and how resulting interest charges are determined. The method we use to calculate zheADB and inrerestresulrs In daily compounding ofinteresr. Paying Interest: Your due date is at [east 25 days after the Closing Date of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the due date each month‘ We will charge you interest on cash advances and (unless otherwise disdosed) batance transfers beginning on the transaction date. Foreign Currency Charges: lfyou make a Charge in a foreign currency, we wiH conven it into US dollars on the date we or our agents process it. We will charge a fee of 2.70% of the converted US dollar amount.We wiil choose a conversion rate that is acceptable to us for that date. uniess a particufar rate is required by Paw. The conversion rate we use is no more Change of Address, phone number, email - Online a1 www.americanexpress.cam/updatecontactinfu - Via mobile device - Voice automated: call the number on the back of your card - For name, company name, and foreign address or phone changes, please call Customer Care Please do not add any written communication or address change on this stub Accountjénding 5006 p. 2/5 than the highest officiai rate published by a government agency or the highest interbank (ate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect 0n the date of your charge. Charges converted by establishments (such as airlines) wili be billed at the rates such establishments use. Credit Baiance: A credit balance {designated CR) Shown on this statement xepresems money owed to you‘ (f within the six«:nontl1 period following the date of the first statement indicafing the credit baiance you do not request a refund or charge enough to use up the credit batance. we wifit send you a check for the credit balance within 30 days if the amount is $1.000r mefe‘ Credit Reporting: We may report information about your A(coum to credit bureaus. Late payments, missed payments, or other defaults on your A(count may be reflected in your credit report. Billing Dispute Procedures What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write l0 us at; American Express, PO 80x 981 535, El Peso TX 79998-1535 In your letter, give us the following information: wAccount informarion:Your name and account number. - DollaramoumsThe dotiar amount of the suspected error. - Description o/Problem:Describe what you believe is wrong and why you believe it is a mistake. YOU must contact us: - Within 60 days after the error appeared on your statement. - At least 2 business days before an automated payment is scheduled, if you want to stop payment on the amount you mink is wrong. You must notify us of any potentia¥ errors in writing. You may cail us, but if you do we may not foHow these procedures and you may have to pay the amount in question. What Win Happen After We Receive Your Letter When we reaeive your letter, we will do two things: 1. Within 30 days of receiving your letter, we will tell you that we feceived your lettef. We wifl also tell you ifwe have already corrected the error. 2. We wiil investigate your Enquiry and wil! either correct the error or explain to you why we beiieve the bill is correct. While we investigate whether or not there has been an error. - We wili not try to coiled the amount in question. - The charge in question may remain on your statement, and we may continue to charge you interest on (hat amount, - Whiie you do not have to pay the amount in question, you are responsible for the remainder of your balance. « We can appiy any unpaid amou nt against your credit hmit. After we finish our investigation, one of two things wiii happen: - lfwe made a mistake: You will not have to pay (he amount in question o: any intetest or other fees reiated [o that amount. - If we do not believe [here was a mistake: You witl have to pay the amount m question, atong with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due, We may report you as delinquent ifyou do not pay the amount we think you owe, !Pay Your Bil! with AutoPay I Deduct your paymem from your bank § account automaticauy each month. - Avoid iate fees - Save time g Visét americanexpressxcm,lautopay 2 today to enroil. For information on how we protect your privacy and to set your communication and privacy choices, please visit www.americanexpress.com/privacy. Blue for Business® ANDY'S BAR~B-OUE LUCIE LEBRUN Closing Date 09/15/20 Customer Care & Billing Inquiries International Collect Large Print and Braille Statements Los‘ or Stolen Card 1'877-258-3254 1‘623‘492-7719 18772583254 1‘800-521-6121 Hearing Impaired TTY: 1~800-221 ~9950 FAX: 162370741442 In NY: 1-800‘5224897 p. 3/5 Account Ending 5006 Website: americanexp:ess.com Customer Care Cash Advance at ATMs lnquiyies I~800~CASH4NOW 8: Billing Inquiries Payments P.O. BOX 981 S35 PO BOX 000] EL PASO, TX LOS ANGELES CA 799984535 900958000 Fees Amount @10/20 Lang Payment Fee / $39.00 Total Fees for this Period _V 7 ”539.00 Interest Charged Amount Total Interest Charged for thislPeriod w 750.00 About Trailing Interest You may see interest on your next statement even if you pay the new balance in fult and 0n time and make no new charges. This is called "traiiing interest'i Trailing Enterest is the interest charged when, for example, you didn't pay your previous balance in 1‘qu When that happens we charge interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest 0n purchases by paying your baiance in full and on time each month‘ Please see the "When we charge interest" sub-section in your Cardmember Agteemem for details. { 2020 Fees and Interest Totais Year-to-Date ‘ , ‘ , . M09?“ i Total Fees in 2020 $3 1 7.00 Total interest in 2020 $627248 J Interest Charge Caiculation l Your Annua! Peicentage Rate (APR) is the annual interest rate on your account. Annual Baiance Subject Interest 7777777777 Petcentqge Rate to Interest Bate ghrgrrgrewfl Purchases 29‘24% (v) $0.00 $0.00 Cash Advances 29.24% (v) $000 $0.00 19331 sofooi (v) Vanabie Rate LUCIE LEBRUN Account Ending 5006 p‘ 425 ANDY’S BAR-B~OUE pA 5/5 LUCIE LEBRUN Closing Date 09/15/20 Account Ending 5006 R WM - - v - . “2% 39%:§§§§M5W§ “ 1 W ' fig," ‘* i} fig.» - a Egg“ EFT Error Resolution Notice In Case of Errors or Questions About Your Electronic Transfers Telephone us at 1-SOO4PAY-AXP for Pay By Phone questions, at 1-800-528~21 22 for Pay By Computer questions, and at 1-800-528~4800 for AutoPay and at 1~800-CASH NOW for Express Cash questions. You may also write us at American Express, Electronic Funds Services, P.O. Box 981531, El Paso TX 79998-1 531, 0r contact online at www.americanexpress.com/inquirycenter a5 soon as you can, if you think your statement 0r receipt is wrong or Ef you need more information about a transfer on the statement or receipt. We must hear from you no later than 6O days after we sent you the FiRST statement on which the error 0r problem appeared. 1. Tell us your name and accomt number (if any). 2. Describe the error or the transfer you are unsure about, and explain as dearly as you can why you beiieve it is an error 0r why you need more information, 3. Teil us the dollar amount ofthe suspected error. We will investigate your compfaint and wikt correct any error promptly. 1f we take more than 10 business days to do this, we wiil credit your account for the amount you think is in error, so that you will have the use 0f the money during the time it takes us to complete our investigation. End oflmponant Notices.
