Complaint Limited Up to 10KCal. Super. - 6th Dist.May 4, 2021Electronically filed by Superior Court of CA, County of Santa Clara, on 5/4/2021 8:37 AM Reviewed By:R. Guillermo Case #21CV381486 Env #6369336 21CV381486 PLD-C-001 ATTORNEYOR PARTY WITHOUT ATTORNEY (Name, Stale Bar number. and address): FOR COURT USEONLY Steven M. Koch, 22293 8 KOCH, DEGN & GOMEZ, LLP 1148 Chinowth Street. Suite B Visalia, CA 93291 TELEPHONE N0: (559) 740-7565 FAX N0. (Optionar): (559) 740-7657 E-MAILADDRESSthianao: smk@tularecountylaw.com ATTORNEY FOR (Name): Acclaim Credit Technologies SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP cools: San Jose, CA 951 13 BRANCH NAME: Downtown (DTS) pLAINTIFF: Acclaim Credit Technologies DEFENDANT: Barbara Ann Olsen aka Barbara H. Olsen aka Barbara A. Hehir aka Barbara Hehir Olsen Doss 1 To 10 Inclusive CONTRACT cOMpLAmT E AMENDED COMPLAINT (Number): E caosscompLAmT [ZZZ] AMENDED CRoss-COMPLAINT (Number).- Jurisdiction (check all that apply): CASE NUMBER. ACTION IS A LIMITED CIVIL CASE ‘ Amount demanded V does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFiED by this amended complaint or cross-complaint I gfrom limited to uniimited i .from unlimited to limited 1. Plaintiff“ (name or names): Acclaim Credit Technologies alleges causes of action against defendant’“ (name or names): Barbara Ann Olsen aka Barbara H. Olsen aka Barbara A. Hehir aka Barbara Hehir Olsen; and DOES I To 10 Inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. a. Each plaintiff named above is a competent adult except plaintiff (name): Acclaim Credit Technologies (1) -a corporation qualified to do business in California (2) Ban unincorporated entity (describe): (3) Bother (specify): b. [:3 Plaintiff (name): a. Ehas complied with the fictitious business name IaWS and is doing business under the fictitious name (specify): b-D has complied with all licensing requirements as a licensed (specify): c, E] Information about additional plaintiffs who are not competent adults is shown in Attachment 36. 4. a. Each defendant named above is a natural personE except defendant (name): D except defendant (name): (1) [:3 a business organization, form unknown (1)D a business organization. form unknown (2)E a corporation (2)E a corporation (3)m an unincorporated entity (describe): (3)D an unincorporated entity (describe): (4) [:3 a public entity (describe): (4)E a public entity (describe): (5) E] other (specify): (5)E other (specify): ‘Iflhis form is used asacmss- ' ‘ ‘ plainli" means ,‘ ' and ’ ‘ ’ ‘rneans... ’ ' Page ‘I on Form Approved far Optional Use __ I Judicaax Council of Caxitomia COMPLAINT contra“ Code of 0M1 Procedure. § 425-12 PLD-C-Om [Rem Januaxy 1, 2007] PLD-C-001 SHORT TtTLE: CASE NUMBER: Acclaim Credit Teclmokogies v4 Barbara Ann OEsen aka Barbara H. Olsen aka Barbara A. Hchir aka Barbara Hehir Olsen 4. (Continued) b. The true names 0f defendants sued as Does are unknown t0 plaintiff. (1) E Doe defendants (specify Dee numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) m Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. U Information about addiEionaE defendants who are not natural persons Es contained in Attachment 4c. d, m 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. m has complied with applicable cEaims statutes, or b. E Es excused from complying because (specify): 6. D 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. D a defendantentered into the contract here, b. a defendant lived here when the contract was entered into. C, a defendant lives here now. d. D the contract was to be pefiormed here. e. E a defendant is a corporation or unincorporated association and its principal place of business is here. f. m real property that is the subject of this action is located here. g. D other (specify): 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 ofContraot Common Counts E Other(specify): 9. Other allegations: ‘ A _ Pnor t0 the commencement 0f this action Minimally Invasive Surgial Solutions asmgned t0 Plaintlff, for collectlon, the account sued upon in this matter and the Plaintiff is the lawful owner and holder thereof. 10. Plaintiff prays for judgment for costs 0f suit; for such relief as is fair. just, and equitable; and for a. damages of: $1,195.95 b. interest on the damages (HE according to proof (2) at the rate of (specify); 10 percent per yearfrom (dare): November 1, 2017 c, attorney's fees (1). of: $ 293.98 perCiviICodesecuon 1717.5 (3E according to proof. d. Cl other (specify): 11. The paragraphs ofthis pleading alleged on information and belief are a§rvfiiiows (sficify paragraph numbers): AH F 2 5 § M‘ ?flj f ff ’i fl a 5TDate: g; :2‘ g 1“ W i, in; b Er ‘ é ‘7 5 5;, A ”:65 1; 7/// Steven M. Koch > a, my»; ”d V“ Lb" (TYPE OR PRiNT NAME] (SiGNATURE OF PLAINTIFF OR ATTORNEY) (Ifyou wish to verify this pleading, affix a verification.) PLD-OOOI [Rem January 1. 2007] COM PLAINT_C°ntract page 2 of 2 PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: Acclaim Credit Technologies v. Barbara Ann Olsen aka Barbara H. Olsen aka Barbara A. Hehir aka Barbara Hehir Otscn FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT To Complaint [j Cross - Complaint (Use a separate cause of action form for each cause of action) CC_1_ Plaintiff (name): Acclaim Credit Technologies alleges that defendant (name); Barbara Ann Olsen aka Barbara HA Olsen aka Barbara A. Hehir aka Barbara Hehir Olsen became indebted to E plaintiff other (name): Minimallylnvasive SurgicaiSolutions a. within the last four years (1) on an open book account for money due. (2) B because an account was stated in writing by and between plaintiff and defendant in which Et was agreed that defendant was indebted to plaintiff. b. E within the East E] two years D four years (1) E] for money had and received by defendant for the use and benefit of piaintiff. (2) E for work, Eabor, services and materials rendered at the specie! instance and request of defendant and for which defendant promised to pay plaintiff.E the sum of $E the reasonable value. (3) m forgoods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay piaintifi [:I the sum of $ [:l the reasonable value. (4) E for money lent by plaintiff to defendant at defendant's request. (5) 1:] for money paid. laid out, and expended to or for defendant at defendant‘s speciai instance and request. (6) E other (specify): CC-2. $ 1,195‘95 ,which Es the reasonable value. is due and unpaid despite plaintiff's demand, plus prejudgment interest D according to proof at the rate of 10 percent per year from (date): November 1, 2017 CC-3‘ PEaintEff is entitEed to attorney fees by an agreement or a statute of $298.98 per Civil Code section 17175 E according to proof. 00-4, [:] Other: Page 3 Page 1 of 1 FM“ APWOVB" ‘9'09‘19'13' .Use CAUSE 0F ACTION--Common Counts C°de°‘CiV"Pr°°ed”'ex W512 Judlaai Counml of Cahfornla www.courimr'o.ca.gov PLD-C-001 (2) [Ram January 1. 2009} PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: Acclaim Credit Technologies v‘ Barbara Ann Olsen aka Barbara H, Olsen aka Barbara A. Hehir aka Barbara Hchir Olsen SECOND CAUSE 0F ACTION-Common Counts (numbe!) ATTACHMENTTO Complaint E Cr055aComplaint (Use a separate cause of action form for each cause of action.) 001‘ P{amfifi (name). Acciaim CreditTeclmoIogies alleges [hat defendant (namelBarbara Ann Olsen aka Barbara H. Oiseu aka Barbara A. Hehir aka Barbara Hehir Olsen became indebted to [j plaintiff other (name): Minimallylnvasivc SurgicalSolutions a. within the last four years (1) D 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. b. B within the last E two years [:3 four years (1) E for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor, services and materiafis rendered at the special instance and request 0f defendant and for which defendant promised to pay plaintiff.E the sum of $ [:3 the reasonable value. (3) E for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD the sum 0f $E the reasonable value. (4) B for money lent by plaintiff to defendant at defendant‘s request. (5) D for money paid, laid out, and expended to or for defendant at defendant‘s special instance and request. (6) E other (specify): CC-2. $ 1,195.95 ,which is the reasonable value, Es clue and unpaid despite plaintiff‘s demand, pEus prejudgment interest E according to proof at the rate of 10 percent per year from (date): November l, 2017 CC-BA Plaintiff is entitled to attorney fees by an agreement or a statute of $29898 per Civil Code section 1737.5 a accordingto proof. CC-4. E Other: Page 4 Page 1 of1 Form Approved for Optional Use _ Code of Civil Procedure. § 425.12 JudicialCounciiquaiifomia CAUSE OF ACTION common counts wwwcoudinracagov PLD-C-OO‘I (2) [Rev. Ja nuary 1. 200 9]
