Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.May 4, 2021

PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 / MARTIN HOFFMANN CA#243141 ZWICKER & ASSOCIATES. P.C., A Law Firm Engaged 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 - Fl LED FOR COURT USE ONLY 5/4/2021 12:53 PM Clerk of Court Bounty of Santa Clara Z1 CV381 380 I 5 < Superior Court of CA, < IATTORNEY FOR (Name): DISCOVER BANK 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 Reviewed By: R. Cachux DEFENDANT: THAO TRAN AKA THAO T TRAN 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 1. Plaintiff* (name or names): DISCOVER BANK alleges causes of action against defendant* (name or names): THAO TRAN AKA THAO T TRAN and DOES 1-10, inclusive CASE NUMBER: 21 CV381 380 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. COMPLAINT-Contract Page 1 of 2 Form Approved for Optional Use Judicial Code of Civil Procedure, § 425. 12 Council of California PLD-C-001 [Rev. January 1, 2007] PLD-C-001 SHORT TITLE: CASE NUMBER: DISCOVER BANK v. THAO TRAN AKA THAO T TRAN 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): '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: $ 22,618.97 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: 5/3/2021 [ ] JANET L. BROWN #208602 [ HESSICA M. GARCIA #314298 X MARTIN HOFFMANN #248141 > (TYPE OR PRINT NAME) I ‘ (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 SHORT TITLE: DISCOVER BANK v. THAO TRAN AKA THAO T TRAN 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 that defendant (name): THAO TRAN AKA THAO T TRAN, and DOES 1 through 10, inclusive, became indebted to 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. b. 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 5433. 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 5433 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 atthe rate from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute D of $ D according to proof. percent per year CC-4. E Other: $22,618.97, which is the fixed and agreed amount due and unpaid despite Plaintiff’s demand. Form Approved for Optional Use JudicialCouncilofCalifomia CAUSE OF ACTION-Common Counts PLD-C-001(2) [ReV. January 1, 2009] Page Three Page 1 of 1 Code 0f Civil Procedure, § 425.12 www. courtinfo. ca.gov EXHIBITA mm Borrower Name: 12/23/2020 Effective Date TRAN, THAO T Loan Disbursement Debit Disbursement from Loan #5433 Disbursement - Check 19 THAO TRAN Start Issuance - SHORT PAY OFF CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR CCR - Returned CCR Virus Start Virus End Late Fee Assessed Late Fee Assessed Late Fee Assessed Late Fee Assessed Total Outsta nding Bala nce $22,618.97 420.45 - 420.45 420.45 7 Loan Number: -5433 Balance Interest Bala nce Fees Due Current Principal Balance $1,098.81 $156.00 $21,364.16 PAGE 5