Complaint Limited 10K and 25KCal. Super. - 6th Dist.May 4, 20211353530 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 Discover Bank 12 vs. Jinweng Tao 14 15 Plaintiff, Defendant. Case No. COMPLAINT FOR ACCOUNT STATED; OPEN BOOK ACCOUNT Prayer Amount: $13,260.82 16 Discover Bank("Plaintiff') alleges causes of action against Jinweng Tao (nDefendantn) ] 7 as follows: ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 20 21 22 23 24 25 26 27 28 1. Plaintiff is a FDIC insured Delaware State Bank, organized and existing under the laws of the State of Delaware 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. Jirnveng Tao / Case No.: E-FILED 5/4/2021 11:30 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381344 Reviewed By: R. Cachux 21CV381344 3. On or about October 10, 2012, Plaintiff provided Defendant with a credit account, and granted use privileges on the same, account number ending in ***a***a***a3700 (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. 4. Defendant failed to make payments as agreed on the Account and has failed to pay 10 amounts due on the Account. 5. 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 $ 13,260.82. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6. 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 Account Stated 7. Plaintiff refers to and incorporates paragraphs 1 through 6. 8. Pursuant to the terms and conditions governing 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. 9. 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 $ 13,260.82, which has not been paid, and is now due and owing from Defendant to Plaintiff. Discover Bank vs. Jinweng Tao i Case Nos SECOND CAUSE OF ACTION (Open Book Account) 11. Plaintiff refers to and incorporates paragraphs 1 through 10. 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 10 an outstanding balance on the Account of $ 13,260.82, which has not been paid, and is now due and owing from Defendant to Plaintiff. WHEREFORE, as to all Causes of Action, Plaintiff prays for judgment against Defendant, including but not limited to, the amounts as follows: 1. For damages of $ 13,260.82, plus post judgment interest at the statutory rate; 14 2. For costs of suit incurred herein; and 15 3. For such further relief that the Court may deem just and proper. 16 17 18 Dated: April '25, 2021 GURSTEL LAW FIRM, P.C. 19 20 21 22 RKC ~ Wn.~~ Gloria Zarco Kimberlee Tsai Rache]CBhney 23 24 25 26 27 Discover Bank vs. Jinsveng Tao I Case No.s
