ComplaintCal. Super. - 3rd Dist.July 31, 2017 6014-071170842 2017071110:91 Page7« . ww PLD-C-001 ! ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY CIR Law Offices International | MICHAEL VLACHOS, Esq. Bar# 312398 NICOLE LOHSE, Esq. Bar# 306512 | 2650 CAMINO DEL RIO NORTH STE 308, SAN DIEGO CA 92108 File No.:3669810 K TELEPHONENO: 800-496-8909 FAX NO. (Optional): (858)-496-5977 yy E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): OISCOVER BANK SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER STREET ADDRESS: 10820 JUSTICE CENTER DRIVE MAILING ADDRESS: 10820 JUSTICE CENTER DRIVE city AND zIP cope: ROSEVILLE, CA 95678 BRANCH NAME: PLACER PLAINTIFF: DTSCOVER BANK DEFENDANT: ISMAEL SANTIAGO [x] DOES 1 To 10 CONTRACT [1] COMPLAINT [__] AMENDED COMPLAINT (Number): ‘ A [__] cRoss-COMPLAINT [__] AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded 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 uC V 0 vo q 6 6 8 [__]from limited to unlimited [__]from unlimited to limited 1. Plaintiff* (name or names): DISCOVER BANK CASE NUMBER: alleges causes of action against defendant* (name or names): ISMAEL SANTIAGO 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult [3] except plaintiff (name): DISCOVER BANK (1) [-_]a corporation qualified to do business in California (2) [__]Jan unincorporated entity (describe): (3) [other (specify): AN FDIC-INSURED DELAWARE STATE BANK b. [___]Plaintiff (name): a. [__]has complied with the fictitious business name laws and is doing business under the fictitious name (specify): | b. L_] has complied with all licensing requirements as a licensed (specify): c. L__] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person {___] except defendant (name): [___]except defendant (name): | (1) [__]a business organization, form unknown (1) [-_] a business organization, form unknown | (2) [__]a corporation (2) [__] a corporation (3) [__]an unincorporated entity (describe): (3) [__] an unincorporated entity (describe): (4) [__]a public entity (describe): (4) [__] a public entity (describe): (5) [__]other (specify): (5) [__] other (specify): * If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 a a ae hg COMPLAINT-Contract Code of Civil Procedure, § 425.12 PLD-C-001 [Rev. January 1, 2007] American LegalNet, Inc www.FormsWorkflow.com 7 of 10 6014-071170842 2017071110:91 Page 8\ ‘~ PLD-C-001 SHORT TITLE: CASE NUMBER: DISCOVER BANK v. ISMAEL SANTIAGO | 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) Doe defendants (specify Doe numbers): 1 TO 10 were the agents or employees of the named defendants and acted within the scope of that agency or employment. | (2) Doe defendants (specify Doe numbers): 1 TO 10 are persons whose capacities are unknown to plaintiff. c. [__] Information about additional defendants who are not natural persons is contained in Attachment 4c. d. [__] Defendants who are joined under Code of Civil Procedure section 382 are (names): a. [__] has complied with applicable claims statutes, or b. [__] is excused from complying because (specify): 6. [_] This action is subject to [_] Civil Code section 1812.10 [L_] Civil Code section 2984.4. 7. This court is the proper court because a. [__] a defendant entered into the contract here. b. [__] a defendant lived here when the contract was entered into. . a defendant lives here now. . L_] the contract was to be performed here. . [__] adefendant 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): 5. [_] Plaintiff is required to comply with a claims statute, and | a n o a o | 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): | Breach of Contract Common Counts [] 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. damages of: $ $5,361.46 b. [__] interest on the damages (1) [_] according to proof (2) __] at the rate of (specify): percent per year from (date): c. [__] attorney's fees (1)[_] of: $ (2) [_] according to proof. d. other (specify): For such other and further relief as the court may deem proper. 11. [__] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: 07/13/2017 , CO PY Michael Vlachos, Esq. / Nicole Lohse, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2007] COMPLAINT-Contract Page 2 of 2 8 of 10 6014-071170842 2017071110:91 Page 9 PLD-C-001(2) SHORT TITLE: DISCOVER BANK v. ISMAEL CASE NUMBER: SANTIAGO 1ST (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO Complaint [[_] Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): DISCOVER BANK alleges that defendant (name): ISMAEL SANTIAGO became indebted to [£] plaintiff © [_] other (name): a. within the last four years (1) "Ed (2) on an open book account for money due. 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. within the last [] two years four years (1). Lea) (2) LJ (3) 3 Kl XX CC-2. $ $5,361.46 for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff [[] the sum of $ [_] the reasonable value. for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of $ $5,361.46 []_ the reasonable value. for money lent by plaintiff to defendant at defendant's request. for money paid, laid out, and expended to or for defendant at defendant's special instance and request. other (epee. Sag th . This cause of action is based on a credit card account/sum of borrowed money that defendant knowingly requested and/or accepted from plaintiff, for which defendant has not repaid as promised. , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest (-] according to proof at the rate of percent per year from (date): cc-3. [_] Plaintiff is entitled to attorney fees by an agreement or a statute L] of$ [-] according to proof. cc-4. [__] Other: Page 3 Page 1 of Form Approved for Optional Use CAUSE OF ACTION-Common Cou nts Code of Civil Procedure, § 425.12 Judicial Council of California PLD-C-001(2) (Rev. January 1, 2007] www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com 9 of 10
