Complaint

Cal. Super. - 3rd Dist.July 31, 2017

t : ! PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, S:ace var number, and address): FOR COURT USE ONLY MARTIN HOFFMANN CA# 248141 / JANET L. BROWN CA# 208602 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): wy ATTORNEY FOR (Name): DISCOVER BANK SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER AP STREET ADDRESS: 10820 JUSTICE CENTER DR MAILING ADDRESS: 10820 JUSTICE CENTER DR city AND zip cope: ROSEVILLE, CA 95678 BRANCH NAME: BILL SANTUCCI JUSTICE CTR PLAINTIFF: DISCOVER BANK DEFENDANT: JOE HOLLAND and DOES 1-10, inclusive x] DoEsS1ToO 10 CONTRACT IX] COMPLAINT [-] AMENDED COMPLAINT (Number): [.] 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 M C V 0 0 & 8 ] 3 a ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) [-] ACTION IS RECLASSIFIED by this amended complaint or cross-complaint [_] from limited to unlimited [_] from unlimited to limited 1. Plaintiff* (name or names): DISCOVER BANK alleges causes of action against defendant* (name or names): JOE HOLLAND and DOES 1-10, inclusive CASE NUMBER: 2. This pleading, including attachments and exhibits, consists of the following number of pages: 6. 3. a. Each plaintiff named above is a competent adult XX] except plaintiff (name): DISCOVER BANK (1) ] acorporation qualified to do business in California (2) [J] an unincorporated entity (describe): (3) KX] other (specify): Plaintiff is a FDIC-insured Delaware State Bank. b.L] Plaintiff (name): a.[_] has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b.[_] has complied with all licensing requirements as a licensed (specify): C. C] 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)_] abusiness organization, form unknown (1)(_] a business organization, form unknown (2)] acorporation (2).] acorporation (3) _] an unincorporated entity (describe): (3)] an unincorporated entity (describe): (4) [] apublic 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 rm roved for ional Use Judicial ‘ode of Civil Procedure, § i es a Stoke Ue Wadia COMPLAINT-Contract Code of Civil Procedure, § 425.12 PLD-C-001 [Rev. January 1, 2007] ‘ ’ PLD-C-001 SHORT TITLE: CASE NUMBER: DISCOVER BANK v. JOE HOLLAND and DOES 1-10, inclusive 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1)_] 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) KX] Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to plaintiff. CG | 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): 5.L] Plaintiff is required to comply with a claims statute, and a.L] has complied with applicable claims statutes, or b.[-] _ is excused from complying because (specify): 6.[.]_ This action is subjectto [_] Civil Code section 1812.10 [_] Civil Code section 2984.4. 7. This court is the proper court because a.L_.] adefendant entered into the contract here. b. C] a defendant lived here when the contract was entered into. C: Xx a defendant lives here now. d. LC] the contract was to be performed here. e.L] adefendantis a corporation or unincorporated association and its principal place of business is here. f.] real property that is the subject of this action is located here. g.L] _ other (specify): 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 [J 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. X] damages of: $ 11,814.08 b. LI _ interest on the damages (1)[.] according to proof (2) at the rate of (specify): c.L] attorney's fees (1)L) of: $ (2) _] according to proof. d._] other (specify): 11.L] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): I Date: H/Idle ced HOFFMANN #248141 ] JANET L. BROWN #208602 » (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) Page 2 of 2 PLD-C-001 [Rev. January 1, 2007] COMPLAINT-Contract American LegalNet, Inc. www.FormsWorkflow.com SHORT TITLE: CASE NUMBER: DISCOVER BANK v. JOE HOLLAND and DOES 1-10, inclusive FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENT TO. [X] 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): JOE HOLLAND , and DOES 1 through 10, inclusive, became indebted to XX] plaintiff [-] other (name): a. & within the last four years [XX] on an open book account for money due. (1) (2) Xd 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. [&X] withinthelast [-] twoyears [X] four years (1) (2) (3) (4) (5) (6) C O K K & l 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 L] the sum of $ [-] _ 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 (specify): For a loan issued by Plaintiff to Defendant(s) upon request by the Defendant. The loan is identified as account ending in 9159. 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 9159 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. $, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest [_] according to proof [_] atthe rate percent per year from (date): cc-3. [] Plaintiff is entitled to attorney fees by an agreement or a statute [] of$ [-] according to proof. CC-4. [X] Other: $11,814.08, 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 | of 1 CAUSE OF ACTION-Common Counts Code’ ok Grvil Procedure, 5:25:12 www, courtinfo.ca.gov EXHIBIT A Page 1 of 2 JOE C. HOLLAND Created August 9, 2016 ROSEVILLE,CA RRUREEEES 9+ 59 | Personal Loans (1) | Today 7 | jy) Lean Status hago Int bal Tot Outst Bal int Rate a . pee Divi wv PL...9159 Char... $13,564.08 $0.00 $13,564.08 0.0% o TIBZO1S $0.00 $0.00 Totals $13,564.08 $0.00 $13,564.08 $0.00 $0.00 - co oo sa _ ee __ ™ ie = a os So _ _ 2 = - cneie j Grea) (Bectwels) boos] Effective Date + Post Date Description Debits Credits Principal Balance » = 6/8/2012 6/8/2012 Disbursement $20,000.00 ~ $20,000.00 e TT2012 TAAT/2012 Payment _ ($469 63} $19,935.07 * 8/17/2012 8/17/2012 Payment ~ ($468.63) $19.786.09 & = 9/17/2012 9/17/2012 Payment ~ ($469.63) $19,634.71 » 10/17/2012 40/17/2012 Payment ~ ($469.63) $19.470.70 » 41/16/2012 41/16/2012 Payment ~ {$469.63} $19,304.15 » 42/47/2012 12/47/2012 Payment - ($469.63) $19,145.01 1/17/2013 W17/2013 Payment - {$469.63} $18,983.75 ® 2116/2013 2/16/2013 Payment _ ($469.63) $18,800.45 » 316/2013 3/16/2013 Payment _ ($469.63) $18,604 80 § 4i17/2013 4/17/2013 Payment _ ($469.63) $18,454.60 e 87/2013 5/17/2013 Payment _ ($469.63) $18,273.01 * 6/17/2013 6/17/2013 Payment ~ ($469.63) $18,098.10 * Wifi T/AG/2013 Payment - ($469.63) $17,910.94 * B/M16/2013 8/16/2043 Payment - (3469.63) $17,720.87 & 9/17/2013 9/17/2013 Payment _ ($469.63) $17,546.27 » 40/17/2013 10/17/2013 Payment - ($469.63) $17,350.51 » 44/18/2013 11/15/2013 Payment - ($469.63) $17,142.66 > 12/17/2013 42/17/2013 Payment ~ ($469.63) $16,958 44 e 4/17/2014 VAT2014 Payment _ (3469.63) $16,762 32 2414/2014 2/14/2014 Payment - ($469.63) $16,536.88 | » = B17/2014 3/17/2014 Payment - ($469.63) $16,333.96 | PANT I2014 Aft7/2014 Payment _ (3469.63) $16,127.78 * 66/2014 5/16/2014 Payment - ($469 63} $15,901.48 Page2of2_ 6/17/2014 » = 7/25/2014 8/27/2014 » 9/30/2014 » 40/27/2014 + 41/26/2014 » 12/26/2014 » = 4/27/2015 6 2f2712015 22015 e H27I2015 ® 4/27/2015 » 4/27/2015 + 4/27/2015 Afe7/2015 » 6/1/2015 » 6/1/2015 » 6/30/2015 > 6/30/2015 » 8/27/2015 >» 8/27/2015 » 9/28/2015 » 40/27/2015 » = 11/27/2015 * 12/28/2015 * 1/27/2016 * 3f11/2016 * 25/2016 * 4/27/2016 6/27/2016 e 6/27/2016 7/27/2016 | | SO 6/17/2014 T/25/2014 8/27/2014 9/30/2014 10/27/2014 11/26/2014 12/26/2014 1/27/2015 2/27/2015 3/27/2015 4/2/2015 4/27/2015 4/27/2015 5/1/2015 5/1/2015 6/1/2015 6/1/2015 6/30/2015 6/30/2015 8/28/2015 8/28/2015 9/29/2015 10/30/2015 12/9/2015 12/31/2018 1/29/2016 3/16/2016 3/30/2016 4/29/2016 5/31/2016 6/30/2016 F/29/2016 Payment ~ Payment ~ Payment - Late Fee Assessment $39.00 Payment - Payment - Payment ~ Payment _ Payment ~ Reversed Payment _ Payment Reversal $100.00 Reversed Payment ~ Reversed Irregular Payment - Payment Reversal 393.00 Payment Reversal $700.00 Late Fee Assessment $39.00 Late Fee Assessment 339.00 Late Fee Waiver {Accrual Fee) - Loan Fee Assessment $75.00 Payment ~ Recovery - Recovery - Recovery in Recovery - Recovery - Recovery ~ Payment - 008 ~ Payment - 008 ~ Payment - 008 ~ Payment - 008 ~ Payment - 008 ~ Payment - 008 ~ Created August 9, 2016 {$469.63} $15,696.59 ($469 63) $15,537.29 ($469.63) $15,334.42 _ $15,334 42 {$100.00} $16,334 42 {$100.00} $15,334.42 {$100.00} $15,334.42 {$100.00} $15,334.42 ($100.00) $15,334.42 ($100.00) $15,334.42 - $15,334.42 ($100.00) $15,334.42 {$93.00} $15,334.42 _ $15,334.42 = $15,334.42 = $15,334.42 _ $15,334.42 ($78.00) $15,334.42 - $15,334.42 {$78.00} $15,334.42 ($122.00) $15,334.42 (3200.00) $15,334.42 ($200.00) $15,334.42 {$200.00} $15,334.42 {$200.00} $15,264.08 ($200.00) $15,064.08 {$250.00} $14,814.08 ($250.00) $14,564.08 ($250.00) $14,314.08 ($250.00) $14,064.08 ($250.00) $13,814.08 ($250.00) $13,564.08