ComplaintCal. Super. - 3rd Dist.September 14, 2018-~_ ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State be. umber, and address): JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 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): ZACNLITIGATION@ZWICKERPC.COM ATTORNEY FOR (Name): AMERICAN EXPRESS NATIONAL BANK FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER 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: AMERICAN EXPRESS NATIONAL BANK DEFENDANT: EMEKA UKAEGBU AKA EMEKAJ UKAEGBU and DOES 1-10, inclusive [] pbDoeEs1To 10 CONTRACT XX COMPLAINT [] AMENDED COMPLAINT (Number): [] CROSS-COMPLAINT [] AMENDED CROSS-COMPLAINT (Number): = Oe pee FILED Superior Court of c 2ilfornia ounty of Placer SEP 14 2018 Jake Chatters ae Officer & Clerk . Lucatuorto, Deputy 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 [_] from limited to unlimited L] from unlimited to limited CASE NUMBER: wovo07 1259 1. Plaintiff* (name or names): AMERICAN EXPRESS NATIONAL BANK alleges causes of action against defendant* (name or names): EMEKA UKAEGBU AKA EMEKAJ UKAEGBU and DOES 1-10, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: i 3. a. Each plaintiff named above is a competent adult XX except plaintiff (name): AMERICAN EXPRESS NATIONAL BANK (1) J acorporation qualified to do business in California (2). an unincorporated entity (describe): (3) X]__ other (specify): Plaintiff is a National Bank located in Utah. b.] Plaintiff (name): a.[_] has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. L] cL] 4. a. Each defendant named above is a natural person [] except defendant (name): has complied with all licensing requirements as a licensed (specify): Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. [] except defendant (name): a business organization, form unknown an unincorporated entity (describe): a public entity (describe): (1)(] a business organization, form unknown (4) (2).] acorporation (2).] acorporation (3)(_]_ an unincorporated entity (describe): (3) (4).]_apublic entity (describe): 44) (5)] _ other (specify): (5)(] _ other (specify): Form Approved for Optional Use Judicial Council of California PLD-C-001 [Rev. January 1, 2007] COMPLAINT-Contract Code of Civil Procedure, § 425.12 -_ - PLD-C-001 SHORT TITLE: AMERICAN EXPRESS NATIONAL BANK v. EMEKA UKAEGBU AKA EMEKAJ UKAEGBU 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) X] Doe defendants (specify Doe numbers): 1-10 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): CASE NUMBER: 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): 6.1] This action is subject to [1] Civil Code section 1812.10 [[] Civil Code section 2984.4. 7. This court is the proper court because a. CL 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 (specify): o o o o R 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 Xx Common Counts L] Other (specify): 9. Other allegations: Before commencement of this action Plaintiff informed the defendant(s) in writing it intended to file this action and that this action would result in a judgment against defendant(s) that would include court costs and necessary disbursements allowed by CCP Section 1033(b)(2) 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. XX] damages of: $ 4,892.59 b. LJ _ interest on the damages (1)] according to proof (2) LJ atthe rate of (specify): c.L] attorney's fees (1)L) of: $ (2)[]_ according to proof. d. L] Other (specify): 11.2] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: SEP 0 5 2018 [ ] JANET L. BROWN #208602 l JESSICA M. GARCIA #314298 » (TYPE OR PRINT NAME) [7 ¥ (SIGNATURE OF es 4 (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 -~ me’ SHORT TITLE: AMERICAN EXPRESS NATIONAL BANK v. EMEKA UKAEGBU AKA EMEKAJ UKAEGBU and DOES 1-10, inclusive CASE NUMBER: FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENTTO [Xx Complaint L] Cross - Complaint (Use a separate cause of action form for each cause of action. ) CC-1. Plaintiff (name): AMERICAN EXPRESS NATIONAL BANK alleges that defendant (name): EMEKA UKAEGBU AKA EMEKAJ UKAEGBU, and DOES 1 through 10, inclusive, became indebted to XX] plaintiff (] other (name): a. XX] within the last four years Xx on an open book account for money due. (1) (2) XI 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. [&] withinthelast [J twoyears [&] four years (1) (2) (3) (4) (5) (6) C) L W o O d 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 XX the sum of $4,892.59 C] 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 credit extended on the account issued by Plaintiff to Defendant(s) for purchases and/ or cash advances by Defendant(s) and/or persons with Defendant(s)’ permission. The account is identified as credit account ending in 1004. 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 1004 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. $, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest C according to proof [] at the rate percent per year from (date): cc-3. [] Plaintiff is entitled to attorney fees by an agreement or a statute [] of$ [-] according to proof. cc-4. [x] Other: $4,892.59, 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 I of 1 Code of Civil Procedure, § 425.12 CAUSE OF ACTION-Common Counts uni Gourtinfe ca gov EXHIBIT A BICR a EMEKAJ UKAEGBU 2172 PISTACHIO WAY ROSEVILLE CA 95747-8864 Check here if your address or AMERICAN EXPRESS phone number has changed. BOX 0001 Note changes on reverse side. LOS ANGELES CA 90096-8000 Taal Gold Delta Sky -s® Credit Card p. 15 AMERICAN ADELTA exERe SS EMEKAJ UKAEGBU Closing Date 12/18/17 Account 1004 | poremomrceeert ¢ 1 Telia your Delta SkyMiles® | New Balan ; | 3 pee mance $4,892.59 ||| balance, visit delta.com | Minimum Payment Due $1,138.00 |; | Includes the past due amount of $1,051.00 | ' # |: | Payment Due Date 01/12/18 | | Account Summary * Late Payment Warning; If we do not receive your Minimum Payment Due by Previous Balance $4,854.59 the Payment Due Date of 01/12/18, you may have to pay a late fee of up to ! | Payments/Credits -$0.00 $38.00 and your APRs may be increased to the Penalty APR of 29.99%. ' | New Charges +$0.00 1 | Fees +$38.00 | | Interest Charged +$0.00 Minimum Payment Warning: If you make only the minimum payment each period, New Balance $4,892.59 you “ pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $1,138.00 example: : 7 : Credit Limit $5,000.00 | Ifyou make no additional == --_- You will pay off the balance And you will pay an Available Credit $107.41 | = and each month you hy on this statement in estimated total of... Cash Advance Limit $0.00 Lo ten a Available Cash $0.00 Only the | Days in Billing Period: 31 | Minimum Payment Due 14 years $10,101 &u if you would like information about credit counseling services, call 1-888-733-4139. Customer Care [+ See page 2 for important information about your account. a] ee : om/pbe ¥ Customer Care Pay by Phone @ Your account is cancelled. 1-800-430-1000 ‘1-800-472-9297 [| See page 2 for additional information. J Please fold on the perforation below, detach and return with your payment Y Payment Coupon =] Pay by Computer C Pay by Phone Account 1004 @al Do not staple or use paper clips americanexpress.com/pbc 1-800-472-9297 Enter 15 digit account # on all payments. Make check payable to American Express. Payment Due Date 01/12/18 New Balance $4,892.59 Minimum Payment Due 1,138 00 Amount Enclosed 4d . a a EMEKAJ UKAEGBU Account 1004 p. 2/5 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 with a 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 electronically 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 deposit or other asset 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 - 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 lay. How We Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest 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: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. 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 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 (such as airlines) 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 sen 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. f . c Customer Care & Billing Inquiries 1-800-430-1000 Hearing Impaired | i] ; international Collect 1-336-393-1111 | TTY: 1-800-221-9950 Website: americanexpress.com | Large Print & Braille Statements 1-800-430-1000 FAX: 1-800-695-9090 | Cash Advance at ATMs Inquiries 1-800-CASH-NOW In NY: 1-800-522-1897 Customer Care | & Billing Inquiries Payments | | P.O. BOX 981535 BOX 0001 | SkyMiles Account Balance and 1-800-325-3999 delta.com/skymiles EL PASO, TX LOS ANGELES CA | ---- ial 79998-1535 90096-8000 | | | | J Change of Address If correct on front, do not use. Pay Your Bill with AutoPay * Tochange your address online, visit www.americanexpress.com/updatecontactinfo id | fi * For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. Avoid | jate fees * Please print clearly in blue or black ink only in the boxes provided. Save time : = Deduct your payment from your bank Street Address | | | | | | | | | | | | || | account automatically each month | | | | | | | | | | iVisit americanexpress.com/autopay | City, State | | | | | | | | | | | | | | itoday to enroll. : Docete PLLEELe foncehsic® LIT Tit ttt t | ( Aree Code anu | | For information on how we protect your - | | | | | | | J privacy and to set your communi cation Email and privacy choices, please visit www, ri P com/privacy. , i. -~ Gold Delta SkyM. .°® Credit Card AMERICAN Y A DELTA p. 3/5 EXPRESS EMEKAJ UKAEGBU Closing Date 12/18/17 Accouni 1004 Fees | Amount 12/12/17 Late Payment Fee $38.00 Total Fees for this Period $38.00 | 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. c ‘ 2017 Fees and Interest Totals Year-to-Date Amount Tote Fees in 2017 . a vexrnsiesaaeatocien secessene Io 00 Total Interest in 2017 $807.15 ‘ } Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Transactions Dated Annual Balance Interest Percentage Subject to Charge From To Rate interest Rate Purchases 07/06/2016 20.49% {v) $0.00 $0.00 Cash Advances 07/06/2016 26.49% {v) $0.00 $0.00 Total $0.00 (v) Variable Rate Miles Earned A DELTA | SkyMiles* Account Number: XXXXXX2256 } | } * Fly Now, Earn Later ; If you received miles through Fly Now, Earn Later in the current period, these miles have been transferred to your Delta SkyMiles account a nd are included in the Total Bonus Miles Earned on this statement. As you earn, receive or are awarded miles on your Card, those miles are automatically applied to your Fly Now, Earn Later Balance and are not transferred to your Delta SkyMiles account until the miles earned are equal to or exceed the number of miles advanced. For the most up to date information on your Fly Now, Earn Later Balance, please see the tracker on your Card account homepage. EMEKAJ UKAEGBU -_ Account 1004 p. 4/5 AMERICAN EXPRESS i EMEKAJ UKAEGBU Closing Date 12/18/17 Gold Delta SkyMii..° Credit Card ‘ ADELTA Account 1004 aa a> ef You Spoke. We Listened. Over 1 million more places in the U.S. started accepting ra X DINER we BOOKSTORE * og OO American Express® Cards in 2016. w Visit shopsmalinow.com » oo
