ComplaintCal. Super. - 3rd Dist.August 3, 2017 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY MICHAEL K. SIPES, SBN 155148 [-LAW OFFICES OF MICHAEL K. SIPES 10971 SUN CENTER DR., SUITE 200 RANCHO CORDOVA, CA 95670 TELEPHONENO: (866) 656-7080 FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER STREET ADDRESS: 10820 JUSTICE CENTER DR. MAILING ADDRESS: P.O. BOX 619072 = E 8 } city an zipcove: ROSEVILLE, CA 95661-9072 Superior Court of California BRANCH NAME: BILL SANTUCCI JUSTICE CENTER - CIVIL County of Piacer PLAINTIFF: COLLECTO, INC. DBA EOS-CCA AUG 0 3 2017 DEFENDANT: JACK JONES DoESiTO 10 CONTRACT COMPLAINT [|] AMENDED COMPLAINT (Number): [__] CROSS-COMPLAINT |__|] AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBER: ACTION IS A LIMITED CIVIL CASE oy Amount demanded does not exceed $10,000 [__] exceeds $10,000, but does not exceed $25,000 M CV 0 0 6 8 9 [__] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) a "4 | |] ACTION IS RECLASSIFIED by this amended complaint or cross-complaint at - {__] from limited to unlimited [__] from unlimited to limited 1. Plaintiff* (name ornames): COLLECTO, INC. DBA EOS-CCA alleges causes of action against defendant* (name ornames): JACK JONES 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult except plaintiff (name): COLLECTO, INC. DBA EOS-CCA (1) a corporation qualified to do business in California (2) [__] an unincorporated entity (describe): (3) [__] other (specify): b. [__] 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. [|__| 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) [__lother (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 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California COMPLAINT-Contract heel ¢ PLD-C-001 [Rev. January 1, 2007] in Pp us PLD-C-001 SHORTTITLE: COLLECTO, INC. V. JACK JONES CASE NUMBER: | | 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) |___]Doe defendants (specify Doe numbers): 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): 5.(__] Plaintiff is required to comply with a claims statute, and 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 [__]| Civil Code section 2984.4. 7. This court is the proper court because . [__] adefendant entered into the contract here. fe} a defendant lived here when the contract was entered into. a defendant lives here now. . [__] 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): a - o n a o n o o m 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: Prior to the commencement of this action, Plaintiff caused each Defendant to be notified in accordance with CCP section 1033(2). A copy of the notification is attached hereto as Exhibit A and incorporated herein by reference. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. |X] damages of: $ 3,567.54 b. interest on the damages (1) [__] according to proof (2) |X] atthe rate of (specify): 10% percent per year from (date): SEE CAUSE(S) OF ACTION C. attorney's fees (1) of. $ 813.00 (2) [__] according to proof. d. [X_] other (specify): All appropriate relief including costs of filing and serving of the complaint. a1: The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): All paragraphs except for paragraphs 7 and 9 above and paragraph CC-4 Date: JULY 24, 2017 fA LO MICHAEL K. SIPES, SBN 155148 > | [ (TYPE OR PRINT NAME) (SIGNATURENOF- 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 PLD-C-001(2) SHORT TITLE: COLLECTO, INC. v. JACK JONES CASE NUMBER: FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO Complaint [__]| Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): COLLECTO, INC. DBA EOS-CCA alleges that defendant (name): JACK JONES became indebted to [|_| plaintiff [X_] other (name): PLAINTIFF'S ASSIGNOR: BI-COUNTY AMBULANCE a. within the last four years (1) 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 plaintiff. b. within the last [__] two years four years (1) [| for money had and received by defendant for the use and benefit of plaintiff. (2) 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 $ 1,854.54 |X ] the reasonable value. (3) [__] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [|] the sum of $0.00 [|] the reasonable value. (4) [__] for money lent by plaintiff to defendant at defendant's request. (5) [__] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) other (specify): MEDICAL SERVICES RENDERED CC-2. $ 1,854.54 , which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest [| according to proof at the rate of 10% percent per year from (date): 10-8-2013 ) CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute | of $ 813.00 [|] according to proof. CC-4. Other: Prior to commencement of this action, the account set forth herein was assigned to Plaintiff herein who is now the holder and owner thereof. Page 3 Page 1 of 1 Form Approved for Optional Use Code of Civil P dure, § 425.12 ‘udical Council of California CAUSE OF ACTION-Common Counts Legal ae PLD-C-001(2) [Rev. January 1, 2009] Soluti Phas [ S PLD-C-001(2) SHORT TITLE: COLLECTO, INC. v. JACK JONES CASE NUMBER: SECOND CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO Complaint [| Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): COLLECTO, INC. DBA EOS-CCA alleges that defendant (name): JACK JONES became indebted to L_] plaintiff other (name): PLAINTIFF'S ASSIGNOR: FREMONT RIDEOUT HEALTH GROUP a. within the last four years (1) 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 plaintiff. b. within the last [___] two years four years (1) [_] for money had and received by defendant for the use and benefit of plaintiff. (2) 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 $ 1,366.00 the reasonable value. (3) [__] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [_] the sum of $0.00 [| the reasonable value. (4) [___] for money lent by plaintiff to defendant at defendant's request. (5) [__] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) other (specify): MEDICAL SERVICES RENDERED CC-2. $ 1,366.00 , which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest [__| according to proof at the rate of 10% percent per year from (date): 10-8-2013 CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute X| of $ 813.00 [|] according to proof. CC-4. Other: Prior to commencement of this action, the account set forth herein was assigned to Plaintiff herein who is now the holder and owner thereof. Page 4 Page 1 of 1 Form Approved for Optional Use Code of Civil Pi dure, § 425.12 Judicial Council of Califomia CAUSE OF ACTION-Common Counts val eee PLD-C-001(2) [Rev. January 1, 2009] So ulions” f& P PLD-C-001(2) THIRD CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO Complaint [|] Cross - Complaint (Use a separate cause of action form for each cause of action.) | SHORT TITLE: COLLECTO, INC. v. JACK JONES CASE NUMBER: CC-1. Plaintiff (name): COLLECTO, INC. DBA EOS-CCA alleges that defendant (name): JACK JONES HEALTH GROUP a. within the last four years (1) 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 plaintiff. b. within the last [___]| two years four years : became indebted to [| plaintiff other (name): PLAINTIFF'S ASSIGNOR: FREMONT RIDEOUT (1) [_] for money had and received by defendant for the use and benefit of plaintiff. (2) 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 $347.00 the reasonable value. (3) [__] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [| the sum of $0.00 [|] the reasonable value. (4) [__] for money lent by plaintiff to defendant at defendant's request. (5) [__] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) other (specify): MEDICAL SERVICES RENDERED CC-2. $ 347.00 , which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest [| according to proof at the rate of 10% percent per year from (date): 2-14-2015 CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute of $ 813.00 [] according to proof. cc-4. [X] Other: Prior to commencement of this action, the account set forth herein was assigned to Plaintiff herein who is now the holder and owner thereof. Page 5 Page 1 of 1 Code of Civil Procedure, § 425.12 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION-Common Counts Legal PLO-C-001(2) [Rev. January 1, 2009} Soluti gos ius Be ipa (YO LAW OFFICES OF MICHAEL K. SIPES 10971 SUN CENTER DRIVE, STE. 200 | RANCHO CORDOVA, CA 95670 TELEPHONE: (866) 656-7080 FACSIMILE: (866) 244-3862 PERSONAL AND CONFIDENTIAL June 12, 2017 Account: 4319069 Jack Jones 302 Hempville Dr. Roseville, CA 95661 Dear Jack Jones: This office represents EOS CCA with respect to your below-referenced account. EOS CCA forwarded the account to this office. This letter is sent to you to provide you an opportunity to resolve this matter. As of the date of this letter, you owe the total amount stated below, including any interest and/or fees added. Because the interest and other charges may vary day to day, the amount due on the day you pay may be greater. Please contact Joseph Mann at EOS CCA directly at 1-888-224-5557 extension 81266 to resolve this matter. Calls to EOS CCA may be monitored and are recorded. Pursuant to Section 1033 of the California Code of Civil Procedure you are further notified that if legal action is filed against you, a judgment may be entered against you for the balance due together with actual court costs incurred and reasonable attorney’s fees, when permitted by law. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt and mail you a copy of such verification. If you request in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. This firm is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Very truly yours, be OFFIC Es% OF MICHAEL K. SIPES (ADDITIONAL NOTICES ON REVERSE) Creditor Amount interest Fees Total Bi-County Ambulance 1854.54 484.06 2338.60 Rideout Health 1366.00 356.55 1722.55 Rideout Health 347.06 $2.44 399.44 TOTAL 4,40.59 EXTNBIT New Notice Requirements The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, ex cept under unusual circumstances, collectors may not contact you before § a .m. or after 9 p.m. They may not harass you by using threats of viole nce or arrest or by using obscene language. Collectors may not u se false or misleading statements or call you at work if they know or have reason to know that you may not receive personal call s at work. Yor the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contac t another person to confirm your location or enforce a judgment. For more inform ation about debt collection activities, you may contact the Federa l Trade Commission at 1-877-FTC-HELP or www.ftc.gov. . -Mueva Noticia Requerdemetos “La ley estatal de California Rosenthal y la ley de Cobranza I mparical de Deudas (FDCPA) requieren que, salvo circunstancias excepcionales, eobradores mo pueden hacer contacto con usted antes de las 8 de ia mafiana y después de las 9 de la noche. Ellos no pueden molestarle usando amenazas de violencia o de arresto co usando palabra s obscenas. Los cobradores uo pueden usar informacién falsa o engafio sa o contactarle en su trabajo si ellos saben o tienen raz6én de s aber que Ud. no puede recibir llamadas personales en el trabajo. G eneralmente, los cobraderes no pueden hablar con nadien, aparte de su abogado o su esposo/esposa, sobre su deuda. Los cobradores pueden abl ar con otra persona para confirmar su direcci6én o hacer cumplir una gentencia, Para mas informacién sobre las actividades de cobranza, Ud. Puede Lileamar gratis al i-877-FTC-HELP (1-877-382-4357); o pue de visitar www. ftc.gov.
