Complaint Limited 10K and 25KCal. Super. - 6th Dist.May 4, 2021PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): : Fl LED FOR COURT USE ONLY JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 / MARTIN HOFFMANN CA#248141 I 5/4/2021 1:00 PM ZWICKER & ASSOCIATES, P.C., A Law Firm Engaged in Debt Collection (3|erk of Court 1320 WILLOW PASS ROAD, SUITE 730 h . CONCORD, CA 94520 \Duperlor court Of CA, TELEPHONE No.: (925)689-7070 TELEPHONE No.: (925)689-7070 fuounty Of santa Clara E-MAILADDRESS (optional); ZACNLITIGATI0N@ZWICKERPC.COM 21 C_V381 386 ATTORNEY FOR(Name): DISCOVER BANK RGVIGWGd By: R. C&ChUX SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 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: ROSANNE GEORGE AKA ROSANNE M GEORGE 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 21 CV381 386 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): ROSANNE GEORGE AKA ROSANNE M GEORGE and DOES 1-10. inclusive 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. CASE NUMBER: 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 Form Approved for Optional Use Judicial COMPLAINT-Contract 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. ROSANNE GEORGE AKA ROSANNE M GEORGE 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: $ 13,812.13 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 [ ]JESS|CA M GARCIA #314298 X MARTIN HOFFAMNN #248141 > (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 SHORT TITLE: DISCOVER BANK V. ROSANNE GEORGE AKA ROSANNE M GEORGE 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): ROSANNE GEORGE AKA ROSANNE M GEORGE, and DOES 1 through 10, inclusiv‘ 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. 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 7147. 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 7147 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: $13,812.13, 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] Page Three Page 1 of 1 CAUSE 0F ACTION-Common Counts CodCOfCivflPmdm § 425-12www. courtinfo. ca.gov EXHIBITA mm Borrower Name: 1/4/2021 Effective Date 7 9/14/2017 7 7 7 7 2/7/2018 8/2/2018 2/5/2019 8/2/2019 2/1/2020 7 8/14/2020 GEORGE, ROSANNE M Start Disbursement ACH to ROSANNE M G Disb 7 Consolidation to CHASE CARD SERV Disb 7 Consolidation to CHASE CARD SERV TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP TP Late Fee Assessed Virus Start Virus End Late Fee Assessed Late Fee Assessed Late Fee Assessed Late Fee Assessed A/C#1451 134 TotalG-nu " "Balance $13,312.13] Interest Loan Number: -7147 Balance $7 17 17 793 $17 .l $17 477 17 4 17 Interest Balance Fees Due Current Principal Balance $588.83 $195.00 $13,028.30 PAGE 5
