Complaint

Cal. Super. - 3rd Dist.September 14, 2018

H 2 2 S t - 10 il 12 13 14 15 16 1 18 19 20 21 22 23 24 25 26 27 28 MARC A. SCHWARZ ESO, (SBN 292758) FILED , ESQ. SBN 292758 MENDELSON GOLDMAN & SCHWARZ SUPER TUNTY OF PLACER A A PROFESSIONAL CORPORATION ave 5805 Sepulveda ne Suite 850 SEP 14 2018 erman Oa 1411 . - . , JAKE CHATTERS Telephone: tB18) 575-6822 EXECUTIVE OFFICER & CLERK Facsimile: 818) 703-7663 By: C. Vallan-Brown, Deputy Refer to File Number: WW4000 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER ( Limited Civil) COMENITY CAPITAL BANK , ) CASE NO. Plaintiff(s), COMPLAINT FOR MONEY: ) vs. 1. Breach of Contract 2 Open Book Account SYLVIA EMERSON ; 3. Account Stated DOES 1 - 100, 4, Unjust Enrichment Defendant(s). DEMAND ($4,654.37) * LL rn FIRST CAUSE OF ACTIO (Breach of Contract) L At all times mentioned herein, Plaintiff was, and now is a corporation duly organized and existing under and by virtue of the laws of the state of its incorporation. 2: The true names and capacities of Defendants, DOES 1-100, inclusive, are unknown to Plaintiff at this time, who therefore sues said Defendants by such fictitious names. a: Plaintiff is informed and believes, and thereon alleges, that each Defendant named as a DOE is responsible for each and every obligation hereinafter set forth. 4. Plaintiff is informed and believes, and thereon alleges, that each Defendant named in this Complaint, was at all times herein mentioned, and now is, the agent and employee of each of the other Defendants herein, and was at all such times acting within the course and scope of said agency and => COMPLAINT FOR MONEY 10 deb 12 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employment. 5. The obligation hereinafter referred to was entered into and is payable in the above-cited Judicial District. 6. COMENITY CAPITAL BANK (hereinafter referred to as “Plaintiff’) and SYLVIA EMERSON (hereinafter referred to as “Defendant”) entered into a GOOD SAM CREDIT CARD AGREEMENT (hereinafter referred to as "Agreement"). 7. Theretofore and thereafter, Plaintiff performed, or was excused from performing all of the terms and conditions of the Agreement required to be performed by Plaintiff. Defendants breached the terms of the Agreement as set forth herein below. 8. Within four years last past, Defendant failed to make monthly payment then due and owing. Defendant has failed to make any further payments pursuant to the Agreement. 9. Therefore, there is now due, owing and unpaid from Defendants to Plaintiff the total sum of $4,654.37 SECOND CAUSE OF ACTION (Open Book Account) 10. _-~ Plaintiff refers paragraphs 1-5 of its First Cause of Action and incorporates the same herein as though set forth in full. 11. Within four years last past, Plaintiff furnished to Defendants, and each of them, at their special instance and request, on an open book account containing the debits and credits involved in the financial transactions, monies at the agreed value of $4,654.37. 12.‘ No part of said sum has been paid, although demand therefore has been made, and there is now due, owing and unpaid from Defendants, and each of them, to Plaintiff, the sum of $4,654.37 THIRD CAUSE OF ACTION (Account Stated) 13. ‘Plaintiff refers to paragraphs 1-5 of its First Cause of Action and incorporates the same herein as though set forth in full. =e COMPLAINT FOR MONEY 10 at 12 13 14 15 16 Ly 18 Lg 20 2a 22 ZS 24 22 26 27 28 14 Within four years last past, an account was stated, based upon previous financial transactions, by and between Plaintiff and Defendants wherein it was agreed, by words or conduct, that said Defendants were indebted to Plaintiff in the sum of $4,654.37. 15. No part of said sum has been paid, although demand, therefore, has been made and there is now due, owing and unpaid from Defendants to Plaintiff, the sum of $4,654.37 FOURTH CAUSE OF ACTION (Unjust Enrichment) 16. _ Plaintiff refers paragraphs 1-5 of its First Cause of Action and incorporates the same herein as though set forth in full. Ie Defendants, and each of them, have received the benefits of Plaintiff's monies as set forth above. 18. In furnishing said monies as aforesaid, Plaintiff was not acting as a volunteer, and Defendants, and each of them, have accepted the benefits of that which the Plaintiff has furnished without paying therefore. 19. Said Defendants, and each of them, have been unjustly enriched and further, it would be inequitable for said Defendants, and each of them, to be allowed to retain the benefits of Plaintiff's actions without being ordered to pay the sum of $4,654.37 WHEREFORE, Plaintiff prays Judgment against Defendants, and each of them, as follows: AS TO ALL CAUSES OF ACTION: i. For the principal sum of $4,654.37; 2. For costs of suit incurred herein; 3 For such other and further relief as the Court may deem just and proper. DATED: September 5, 2018 MENDELSON GOL N & SCHWARZ, APC ByC. J LEE M. MENDELSON Attorneys for Plaintiff ~3- COMPLAINT FOR MONEY