ComplaintCal. Super. - 3rd Dist.August 3, 2017 P a r e , Lina M. Michael, Esq.; SBN: (237842) Brian P. McGurk, Esq.; SBN: (250091) Christina Rymsza, Esq.; SBN: (233631) MICHAEL & ASSOCIATES, PC 555 St. Charles Drive, Suite 204 Thousand Oaks, California 91360 LED Telephone: (805) 379-8505 SUPERIOR COURT OF CALIFORNIA Facsimile: (805) 379-8525 ‘ TY OF PLACER Ai y Ve “ Attorneys for Plaintiff, JAKE A] y. American Express Centurion Bank EXECUTIVES EE EERS Our File Number: 17018254 By: C. Vallan- Breas, S.CLERK rown, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF PLACER LIMITED CIVIL CASE American Express Centurion Bank, a Utah Case No.: \ C V 0 U 6 8 l 4. 2 State Chartered Bank, COMPLAINT FOR DAMAGES Plaintiff, 1. Common Counts: Book Account, VS. Account Stated Didier Giron, aka Didier B. Giron, an individual; Does 1 through 20, inclusive. PRAYER AMOUNT: $17,547.43 ) ) ) ) ) ) ) 2. Quantum Meruit-Reasonable Value ) ) ) Defendants. ) ) ) Plaintiff alleges as follows: GENERAL ALLEGATIONS 1. At all times herein mentioned, Plaintiff, American Express Centurion Bank, a Utah State chartered bank, (hereinafter "AMEX"), is incorporated under Utah State law as a chartered bank and is duly licensed and authorized to engage in business and is engaged in the doing of business by virtue of the laws and regulations of the State of California. 2. Plaintiff is informed and believes and thereon alleges that at all times mentioned herein, Defendant, Didier Giron, aka Didier B. Giron, an individual (hereinafter "Didier Giron") is or was a resident of and living in the State of California, County of Placer. /// 1 COMPLAINT FOR DAMAGES ame aera a Si a SN i ee C o OS NN DD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The true names and capacities, whether individual, corporate, associates, or otherwise, of the Defendants herein designated as Does | through 20, inclusive, are unknown to Plaintiff and Plaintiff will ask leave of Court to amend this Complaint to show the true names and capacities when said names are ascertained. 4. The obligations and claims sued upon herein were made and entered into and are due and payable in the above-mentioned judicial district and/or county of the State of California, and are not subject to the provisions of Sections 1812.10 and 2984.4 of the California Civil Code, Section 395(b) of the California Code of Civil Procedure. 5. At all times herein mentioned, the Defendants, and each of them (hereinafter "Defendants"), were agents and/or employees and or joint ventures of the other Defendants, and were acting within the course and scope of such agency and/or employment and or joint ventures at the time of the claim asserted herein. 6. Defendant, Didier Giron applied for and was issued an American Express Credit Card (hereinafter "Card") currently ending in 3004 for the purposes of obtaining goods and/or services, and/or cash advances from any person who accepts the Card. 7. Within the past two (2) years, Plaintiff and Defendant had financial transactions, wherein Plaintiff lent money to Defendant on the Card currently ending in 3004, at Defendant's request. 8. Plaintiff kept a written accounting of the debits and credits involved in the financial transactions. Defendant became indebted to Plaintiff on an open book account in writing for money due as a result of the financial transactions on the Card currently ending in 3004. FIRST CAUSE OF ACTION COMMON COUNTS COUNT 1 (Open Book Account as to all Defendants) 9. Plaintiff realleges and incorporates herein by reference the allegations contained in paragraphs | through 8, inclusive, as though set forth fully at length. /// /// /// 7 COMPLAINT FOR DAMAGES S o Oe N D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Defendant became indebted to Plaintiff in the sum of $17,547.43, for a balance due on a book account in writing for money lent by Plaintiff to Defendant at Defendant's request. No part of said sum has been paid, although demand for payment has been made. There is now due, owing and unpaid the sum of $17,547.43. Attached hereto and incorporated hereat as Exhibit "A" is a true and correct copy of the Card statement ending in 3004 with the closing date of February 26, 2017. COUNT 2 (Account Stated as to all Defendants) 11. Plaintiff realleges and incorporates herein by reference the allegations set forth in paragraphs 1 through 8, inclusive, as though set forth fully at length. 12. Plaintiff's records reflect that it transmitted monthly billing statements to Defendant at the address provided by Defendant. Defendant promised to pay Plaintiff the amounts listed on the monthly billing statements by keeping and utilizing the Card. 13. By failing to object to the amount due and owing on the monthly billing statements, Defendant manifested his/her agreement that the amount listed on the statement was correct. Attached hereto and incorporated hereat as Exhibit "A" is a true and correct copy of the Card statement for the Card ending in 3004 with the closing date of February 26, 2017. SECOND CAUSE OF ACTION (Quantum Meruit-Reasonable Value as to all Defendants) 14. Plaintiff realleges and incorporates herein by reference the allegations contained in paragraphs 1| through 8, inclusive, as though fully set forth in full hereat. 15. At the special request of Defendant, Plaintiff lent money and rendered services to Defendant or on behalf of Defendant, for which Defendant promised to repay Plaintiff. 16. Neither Plaintiff nor Defendant had the expectation that the money lent or services rendered by Plaintiff, were gratuitous. 17. At all times mentioned herein, $17,547.43 was and is, the reasonable value for the money lent and services rendered by Plaintiff. /// 3 COMPLAINT FOR DAMAGES C o e o N D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. Defendant has failed to pay the entire reasonable value agreed upon, notwithstanding Plaintiff's demand thereof. There is now due, owing and unpaid, the sum of $17,547.43. WHEREFORE, Plaintiff prays judgment against Defendants as follows: 1. For the sum of $17,547.43; 2. For costs of suit herein; and 3. For such other and further relief as the Court may deem just and proper. DATE: July 26, 2017 MICHAEL & ASSOCIATES, PC BRIAN P. MCGURK, Attorney for Plaintiff 4 COMPLAINT FOR DAMAGES EXHIBIT “A” -- American Ex,.__5° Green Card EXPRESS DIDIER GIRON Closing Date 02/26/17 | New Balance $17,547.43 Minimum Payment Due $3,198.06 Includes the past due amount of $3,035.06 | _ Payment Due Date 03/23/17 * | = Late Payment Warning: if we do not receive your Minimum Payment Due by the Payment Due Date of 03/23/17, you may have to pay a late fee of up to $38.00 and your Pay Over Time APR may be increased to the Penalty APR of 29.74%. Minimum Payment Warning: if you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: (if you make no additional You will pay off the Pay Over _ charges and each month you Time balance shown on this pay... Statement in about... balance you will pay an estimated total of _. And for the Pay Over Time | Only the 38,123 Minimum Payment Due $ 25 years If you would like information about credit counseling services, call 1-888-733-4139. [>] See page 2 for important information about your account. This statement is for information purposes only. This is not a bill. Please contact your collections agency for account information. Disregard the Minimum Payment Due, your account is in default and the balance is due in full. ® Please note, your preset line is $3,400.00, You have spent $17,547.43. ¥ Please foid on the perforation below, detach and retum with your payment An. a Payment Coupon Do not staple or use paper clips Pay by Computer americanexpress.com/pbc C sagged UE LAL leh ty DIDIER GIRON TEMPE AZ 85282-6312 Pay by Phone 1-800-472-9297 p18 AccountEnding. 3004 Visit www.membershiprewards.com Account Summary Pay in Full Portion Previous Balance $1,199.06 Payments/Credits -$0.00 New Charges +$0.00 Fees +$0.00 New Balance = $1,199.06 Pay Over Time Portion Previous Balance $16,348.37 Payments/Credits -$0.06 New Charges +$0.00 Fees +$0.00 interest Charged +$0.00 New Balance = $16,348.37 Minimum Due $1,999.00 | Account Total | Previous Balance $17,547.43 | Payments/Credits -$0.00 | New Charges +$0.00 | Fees +$0.00 | Interest Charged +$0.00 | New Balance $17,547.43 | Minimum Payment Due $3,198.06 | Days in Billing Period: 28 Customer Care Pay by Computer americanexpress.com/pbc Customer Care Pay by Phone 1-800-821-9394 1-800-472-9297 (-) See page 2 for additional information. AccountEnding 3004 Enter 15 digit account # on ail payments. Make check payable to American Express. Payment Due Date 03/23/17 New Balance $17,547.43 Minimum Payment Due $3,198. Check here if your address or AMERICAN EXPRESS phone number has changed. BOX 0001 Note changes on reverse side. LOS ANGELES CA 90096-8000 Amount Enclosed ’ DIDIER GIRON Account Ending { 3004 p. 273 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; {2} be made with a single check drawn on a US bank and payable in US dollars, or witha negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. if your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. if we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required by law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processable electronicaily or a less costly process is available. When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your financial account statement. if we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We Caiculate Your Balance: We use the Average Daily Balance (ADB) method {including new transactions) to calculate the balance on which we charge interest for Pay Over Time balances on your Account. Call the Customer Care number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in daily compounding of interest. Paying interest: If you have a Pay Over Time balance, your due date is at least 25 days after the close of each billing period. We will begin charging interest on transactions added to a Pay Over Time balance as of the date they are added. However, we will not charge interest on charges added toa Pay Over Time balance automatically (for example, Sign & Travel and Extended Payment Option) if you pay the Account Total New Balance by the due date each month. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will charge a fee of 2.70% of the converted US dollar amount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law_The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. if within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. 3 | Lv Customer Care & Billing Inquiries 1-800-821-9394 Hearing impaired | Website: americanexpress.com international Collect 1-336-393-1111 TTY: 1-800-221-9950 Mobile Site: amexmobile.com Large Print & Braille Statements 1-800-821-9394 FAX:1-800-695-9090 i Lost or Stolen Card 1-800-992-3404 In NY: 1-800-522-1897. ss Customer Care_ i Servicio al Cliente en Espanol 1-800-428-7443 i & Billing Inquiries = Payments i Express Cash 1-800-CASH-NOW P.O. BOX 981535 BOX 0001 i EL PASO, TX LOS ANGELES CA | | 79998-1535 90096-8000 5 | Change of Address If correct on front, do not use_ * To change your address online, visit www.americanexpress.com/updatecontactinfo * For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. * Please print clearly in blue or black ink only in the boxes provided. . Avoid late fees |. Save time | Pay Your Bill with AutoPay Deduct your payment from your bank Street Adidiess | | | | | | | | | | account automatically each month Lit}? TTT Lt ld. ee isi americanexpress.com/autopay | we [TT T[[T[[[>TLIITI1 | |Maromen | Zip Code Lit ttt TTT | | Aisne Bess” Lit? TT TTT) {yee Code and | | | | | | | | | For information on how we protect your Privacy and to set your communication Email | | and privacy choices, please visit www.americanexprass.com/privacy. American Expr___ ‘Green Card DIDIER GIRON Ciesing Date 02/26/17 p. 3/3 AccountEnding 3004 Fees | Amount Total Fees for this Period $0.00 Interest Charged | Amount Total interest Charged for this Period $0.00 About Trailing Interest You may see interest on your next statement even if you pay the new balance in full and on time and make no new charges. This is called "trailing interest.” Trailing interest is the interest charged when, for example, you didn't pay your previous balance in full When that happens we charge interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchases by paying your balance in full and on time each month. Please see the "When we charge interest" sub-section in your Cardmember Agreement for details. 2017 Fees and Interest Totals Year-to-Date Total Fees in 2017 Total interest in 2017 _.. Amount $38.00 $0.00
