Complaint Limited Up to 10K

Cal. Super. - 6th Dist.May 5, 2021

E-FILED 5/5/2021 1:24 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381499 Reviewed By: K. Himes 21CV381499 PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, state Barnumben andais) The Moore Law Gmup, APC Fog coun- usg ONLY Adam E rumagc (283180) Maria Bradish (288384) Don Phan-Huy (309853) Ryota Isozaki (321040) Dem'ck Uhri (321 161) Jeremy Kimmelman (32295 8) Eric Marquez (331023)Karlie D. Schafer (331884) P.o. Box 25145, Santa Ana, CA 92799, 3710 s. Susan Street, Ste 21o, Santa Ana, CA 92704 TELEPHONE NO: 800_506_2652 FAX NO. (Opliunal): E-MAIL \DDRESS (Optional): mmsv FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS 191 North First Street MAILING ADDRESS: San Jose CA 951 13 (?ATY AND ZIP CODE BRANCH NAME: PWNT'FE Discover Bank ‘ DEFENDANT: Aleksandr GlebbyV DOES 1 TOE _ CONTRACTm COMPLAINT EuAMENDED cOMPLAmT (Number): E CRossfiompLAmT E AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBERm ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by thls amended complaint or cross-complaint Efrem limited to unlimitedE from unlimited to limited 1. Plaintiff (name or names): Discover Bank alieges causes of action against defendant‘ (name or names): Aleksandr Glebov 2. This pleading, including attachments and exhibits consiss of the following number of pages: 3 3. a Each plaintrff named above ls a competent adult . . _ Cement plaintiff (name):'. Discover Bank ‘ h ' w ' (1) Ea corporation qualified to do business in California (2) San unincorporated entity (describe): (3) -°ther (SPGC’TY): Corporation b.E Plaintiff (name): - a Ehas complied with the fictitious business name laws and'Is doing business under the fictitious name (specify). b-E has complied with all licensing requirements as a licensed (specify):E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.c 4. a Each defendant named above is a natural personD except defendant (name): E except defendant (name): (1) [j a business organ'zation. form unknown (1)E a business organization. form unknown (2)D a corporation ’ (2)E a corporation . (3)E an unincorporated entity' (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)D a public entity (describe): (5) Bother (specifll): u (5)E other (specify): ‘ , ‘ If mis form Is lsed as a cruss-complalnl. plaintiff means auss-comaainant and daendanl means cmss-deiendam‘ figs 1 of 2 Fflgi‘l’gfidnéflfoggffgfe COMPLAINT-Contract Code n1 cwn Procedure. 5425.12 Pm‘c'om W‘Janmry1'm - 7 H y 1A m Nnefilln LsgalNel. Inc. ' 7" '4 ” ‘ 7 www.FamsWark/Iaw.com PLD-C-001 SHORT TITLE: CASE NUMBER Discover Bank V. Aleksandr Glebov 4. (Continued) b. The tme names of defendants sued as Does are unknown to plaintiff. (1) [j Doe defendants (specify Doe numbers): defendants and acted within the scope of that agency or employment. (2) [j Doe defendants (specify Doe numbers): plaintiff. c. E 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 ‘ Pla nfifi is required lo comply With a claims statute, and a. D has complied with applicable claims statutes.“ or~ b. D is excused from complying because (special): 6. D_ Th s action is 'su'bje'ct to E Civil Code section 1812 1o E Civil Code section 2984.4. 7. This court Is the proper coun because a. D a defendant entered into the contract here. 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 (special): 'UEDDED 8. The foll9wing causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): E Breach ofContract m Common Counts E Other(s_peciry): 9. D Cther allegations: 1O Plaintiff prays for judgment for costs of suit; for such relief as is fair just. and equitable; and for a. fl damages of. $ 8325.50 b. E] intereston the damages > (1)E accprding to proof . . ._, (2)D at the rate of (specify): percent per year from (date): c. E] attoi'ney's fees ** Plaintifi‘waives attorney’s fees (1)D of: s (2)D according to proof. d- B] other (Specififr Costs of suit and postjudgment interest according to statute. 11. E The paragraphs of this pIeading alleged on information and belief are as follows (specify paragraph numbers). Adam Brumage_ Maria Bradish__ Don Phan-Huy__ Ryota Isozaki__ Derrick Uhn MA?a‘fi 3 2021 Eric Marquez_ Karlie D. Scrafer-Jiremy Kimmelmfn/z were the agents or employees of the named are persons whose capacities are unknown to (mas 0R Palm NAME) (516mm 0F pawns; 0R ATTORNEY) ' (lfyou wish to verify this pleading. affix a verificatfon.)mm [Re cOMPLAINT-Contract ”. January 1. 2007] Page 2 ol' 2 PLD-C-001 (2) SHORT TITLE: CASE NUMBER: Discover. Bank V. Aleksandr Glebov FIRST CAUSE OF ACTION-Common Counts (number) ATI'ACHMENTTO m Complaint D Cross-Complaint (Use a separate cause of action form for each cause ofaction.) cm. Plaintiff (name): Discover Bank alleges that defendant (name): Aleksandr Glebov became indebtedto E plaintiff D othei (name): a. I within the last four years (1) ton an open book account for money due. (2) m because an account was stated in wntlng by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. E within the last D two years E four years (1) D for money had and received by defendant forthe use and benefit of plaintiff. (2) D for work. labor. servicas and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. [j the sum of $E the reasonable value. (3) E for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffE the sum of $E the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) E for money paid, laid out. and expended to or for defendant at defendant's specl instance and request. (6) m other (specify): This cause of action relates to the Discover Bank credit card having account number XXXXXXXXXXXX5382. (30-2. $ 8325.50 .which is the reasonabie 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-B. vim Plaintiff is entitled to attorney fees by an agreement or a statute : E 0f $, **‘Plaintiff waives attorney’s feesE according to proof. (:c-4. m Other. Costs of suit and post judgment interest according to statute. Page Page 1 of 1 Form wedloro IRmaIUse Code ofCivil Proced r . 425‘12 Judgmundmgamm CAUSE OF ACTION-‘common counts ' mmsnfinrgugav Fweoou z) [Rem January 1. zoos] Amenan LegalNel. Inc. www.meWorkflow.corn