ComplaintCal. Super. - 3rd Dist.November 25, 2019PLD-C-001 Q ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Staic dar number, and address): 321272 ZWICKER & ASSOCIATES, P.C., A Law Firm Engaged in Debt Collection 1320 WILLOW PASS ROAD, SUITE 730 CONCORD, CA 94520 E-MAIL ADDRESS (Optional): ZACNLITIGATION@ZWICKERPC.COM ATTORNEY FOR (Name): DISCOVER BANK JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 / ANDREW GOKOFFSKI CA# TELEPHONE NO.: (925)689-7070 TELEPHONE NO.: (925)689-7070 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: DISCOVER BANK DEFENDANT: LESLIE BROUILLETTE and DOES 1-10, inclusive [] pboes1To 10 FTLED CONTRACT x] COMPLAINT [.] AMENDED COMPLAINT (Number): [_] CROSS-COMPLAINT [_] AMENDED CROSS-COMPLAINT (Number): Superior Couri of California County of Placer NOV 25 2019 Jake Chatters Ke" r & Clerk ’ “VY. Lucatucrioc, 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) [_] from limited to unlimited [_] from unlimited to limited [] ACTION IS RECLASSIFIED by this amended complaint or cross-complaint CASE NUMBER: MCV0075205 1. Plaintiff* (name or names): DISCOVER BANK alleges causes of action against defendant* (name or names): LESLIE BROUILLETTE and “€ 1-10, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult XX] except plaintiff (name): DISCOVER BANK (9) [Ll a corporation qualified to do business in California (2)[_] an unincorporated entity (describe): (3) X] 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.L] 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 [1 except defendant (name): _] except defendant (name): (1)[-] abusiness organization, form unknown (1).] a business organization, form unknown (2) [Cl] a corporation (2) [] acorporation (3) [] _ anunincorporated entity (describe): (3) [-] anunincorporated entity (describe): (4)(_] a public 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-complai and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Judicial COMPLAINT. Contra ct Code of Civil Procedure, § 425.12 Council of California PLD-C-001 [Rev. January 1, 2007] - aa PLD-C-001 SHORT TITLE: CASE NUMBER: DISCOVER BANK v. LESLIE BROUILLETTE 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) XX] Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to plaintiff. C: L] 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.[_] has complied with applicable claims statutes, or b.[-] _ is excused from complying because (specify): 6. C] This action is subject to [_] Civil Code section 1812.10 C] Civil Code section 2984.4. 7. This court is the proper court because a C 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): oo oo wo 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 [] 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: $ 8,020.63 b.L] _ interest on the damages (1)(]_ according to proof (2) L] atthe rate of (specify): Cc. C] attorney's fees (1)C) of: $ (2) L] according to proof. d. LX} Other (specify): Post-Judgment interest. 11.[.]__ The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: / JA 7 fq [JANET L. BROWN #208602 Ss [ }SESSICAM-GARCIA #314298 > ' | JANDREW-GOKOFFSKI #321272 ) 7 ~__-(SHGNATURE OF PLAINTIFF OR ATTORNEY) (TYPE OR PRINT NAME) (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 -_~ te SHORT TITLE: DISCOVER BANK v. LESLIE BROUILLETTE and DOES 1-10, inclusive CASE NUMBER: FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENTTO [X] Complaint C] Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): DISCOVER BANK alleges that defendant (name): LESLIE BROUILLETTE , and DOES 1 through 10, inclusive, became indebted to XX plaintiff J] other (name): a. XX] within the last four years (1) & (2) & within the | 4) O (2) O (3) X (4) O (5) OO (6) & on an open book account for money due. because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. ast (| twoyears [X] four years 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 the sum of $8,020.63 [-] 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 8492. 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 8492 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 plaintiffs demand, plus prejudgment interest L] according to proof [_] atthe rate percent per year from (date): cc-3. [] Plaintiff is entitled to attorney fees by an agreement or a statute O O of $ according to proof. cc-4. [X] Other: $8,020.63, which is the fixed and agreed amount due and unpaid despite Plaintiff's demand. Page Three Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California CAUSE OF ACTION-Common Counts www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] EXHIBIT A BICR Discover it? Card Account number ending in 8492 Open Date: Aug 28, 2019- Close Date: Sep 27, 2019 DISC@VER Cardmember Since 2014 Page | of 4 ~ Previous Balance $7,840.64 ( New Balance $8,020.63 ) Payments and Credits 7 $0.00 Minimum Payment Due * $543.00 { Purchases $0.00 Payment Due Date October 22, 2019 Balance Transfers ' $0.00 * jaelud td t of: $343.00 Cash Advances + $0.00 --oerer . Fees Charged + $39.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged 7 $140.99 date listed above, you may have to pay a late fee of up to $39.00. New Balance $8,020.63 Minimum Payment Warning: If you make only the minimum payment each See Interest Charge Calculation section following the Transactions section for detailed APR information Credit Line $7,700 Credit Line Available $0 Cash Advance Credit Line $2,500 Cash Advance Credit Line Available $0 You may be able to avoid interest on Purchases. See reverse for details. / \ a, Please see Notice of Changes to Your Payment Address NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION balance. For example: period, you will pay more in interest and it will take you longer to pay off your ff you make no additional charges | You will pay off the | And you will end up ene ee ee | balance shown on thi ying o you Pay... statement in abou ... | of. Only the minimum payment 31 years S35301 If you would like information about credit counseling services, call 1-800-347-1121. REWARDS Cashback Bonus® Anniversary Month February Opening Balance $ 0.00 New Cashback Bonus This Period + $ 0.00 Redeemed This Period - $ 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at Discover.com Make Check payable to Discover. Do Not Send Cash. Please fold on the perforation below, detach and return with your payment. Please do not fold, clip or staple. Discover.com [ Payment Coupon Pay Online LESLIE BROUILLETTE 6290 HEMLOCK WAY ROCKLIN CA 95677-3409 @ Pay by Phone 1-800-347-3085 Account number ending in 8492 Minimum ee Due $543.00 New Balance - : ca _ $8,020.63 Payment Due Date ‘Oclober 22, 2019 Amount ed $ | PO BOX 51908 LOS ANGELES, CA 90051-6208 Phone and Internet payments must be received before midnight ET on your due date to be credited as of the same day. Address, e-mail or telephone changed? Note changes on reverse side, LESLIE BROUILLETTE Account ar ending in 8492 Open Date: Aug 28, 2019 2 Date: Sep 27, 2019 Page 2 of 4 Important Information Se your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Call 1-800-347-3085. What To Do If You Think You Find A Mistake On Your Statement: If you think there is an error on your statement, write to us at Discover, PO Box 30421, Salt Lake City, UT 84130-0421, or submit the form provided at https://discover.com/billingerrornotice. You must contact us within 60 days after the error appeared on your statement. You may call us, but if you do we are not required to investigate any potential errors, and you may have to pay the amount in question. The Billing Rights Notice further explains your tights. Please see your Cardmember Agreement or visit https://discover.com/billingrights for a copy of this Notice. Payments. You may pay all or part of your Account balance at any time. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only your allowable form of payment ("Payment") and the bottom portion of this statement in the envelope provided, after affixing postage. Payments sent without proper postage will be returned to the sender. If you pay by check, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If a Payment is processed as an electronic fund transfer, the transfer will be for the amount of the check, funds may be withdrawn from your account as soon as the same day we receive your check, and you will not receive your check back. Please do not send cash. Sending cash is not allowed. The processing of your allowable form of Payment may be delayed if you send cash or correspondence with your Payments, if you send the Payment to any other address, or if you use an envelope other than the one provided. Payments received at our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments received at our processing tality after 5PM local time will be credited to your Account as of the next om. f you hove misplaced your envelope, send your Payment to Discover, PO Box 6103, Carol Stream, IL 60197-6103. Please allow 7-10 days for delivery. If your Payment is returned unpaid, we reserve the right to resubmit it as on electronic debit. Payments made online or by phone will be credited as of the day of receipt if made by Midnight ET on the Payment Due Date or 5PM ET on any other day. You can also make a Payment or set up automatic payments by calling 1-800-347-3085. Automatic payments for the billing period shown on your statement will be deducted on the Payment Due Date shown on that statement, or the next automatic payment date referred to on your statement, unless you request a recurring payment date that occurs before your Payment Due Date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to schedule monthly payments by telephone, you will need this statement and your bank account information. You will be asked to provide the lost four (4) digits of the social security | number of the primary borrower as your electronic signature. By providing those numbers, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such Po You can cancel a scheduled payment by phone at 1-800-347-3085 or by mail at Discover, PO Box 30421, Salt Lake ey UT 84130-0421; payment cancellations must be received before 5 PM ET of the scheduled withdrawal date. if your payments may vary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it will be. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. CHANGE OF ADDRESS You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar amount, or (iv) other dollar amount. If your scheduled “Other dollar amount’ payment is not enough to cover the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month will be increased to cover the Minimum Payment Due. If the scheduled payment is greater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. If your scheduled payment is greater than the New Balance on your billing statement, that payment will be processed only for the amount of your New Balance. Your automatic payment amount may be less than the amount indicated on the billing statement based on credits or payments after the Close Date. if es enroll by phone in our automatic payment service, please fill-in the following blanks below and retain the authorization for your records. an rt Min Pay LiMin Pay+ $ ; ; Bank Routing #: : Amount: Full Pay [] Other Amount$ Bank Account # ; Monthly on the [] Payment Due Date O Day of month (insert date) 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. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at this address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. Paying Interest. Your due date is at least 25 days after the close of each billing period (at least 23 days for billing periods that begin in February). We will not charge you any interest on Purchases if you pay your entire balance by the due date each month. We will begin charging interest on Cash Advances and Balance Transfers as of the later of the Transaction Date or the first day of the billing period in which the transaction posted to your Account. How We Calculate Interest Charges. We Use the Daily Balance Method (including current transactions) to calculate the Balance Subject to Interest Rate. For more information, please call us at 1-800-347-3085. Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rate is the average of the daily balances during the billing period. Credit Balances. If your Account has a credit balance, the amount is shown on the front of your billing statement. A credit balance is money that is owed to you. You may make charges against this amount if your Account is open. We will send you a refund of any remaining balance of $1.00 or more after 6 months, or as otherwise required by applicable law, or upon request made to the address in the Contact Us section on page 3 of your billing statement. Balance Transfers. Balance Transfers are offered at our discretion and accrue interest at the standard purchase rate unless we tell you otherwise. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover® card is issued by Discover Bank, Member FDIC. iT23-26.0218 ro If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. Street Address Home Phone Work Phone City Email State, Zip Xs To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISC@VER CONTACT US Discover it? Card Account number ending in 8492 Open Date: Aug 28, 2019 - Close Date: Sep 27, 2019 Page 3 of 4 f Web (Z Mobile Phone Inquiry Mail Payments } Access your a) Manage your Discover Discover | account securely account anytime, 1-800-347-3085 PO Box 30943 PO Box 6103 | at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City Carol Stream | \ m.Discover.com UT 84130 IL 60197-6103 ) Transactions Trans. Date Fees Sep 22 LATE FEE 39.00 TOTAL FEES FOR THIS PERIOD 39.00 Interest Charged INTEREST CHARGE ON PURCHASES 140.99 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 140.99 2019 Totals Year-to-Date TOTAL FEES CHARGED IN 2019 67.00 TOTAL INTEREST CHARGED IN 2019 1,238.30 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 31 days ANNUAL PERCENTAGE PROMO APR TYPE OF BALANCE RATE (APR)* Purchases 20.99% V Cash Advances 26.99% V V=Variable Rate EXPIRATION DATE** BALANCE SUBJECT TO INTEREST RATE N/A $7,908.65 N/A $0.00 INTEREST CHARGE $140.99 $0.00 * If your account is currently enrolled in a special program or is placed into one during the term of the offer, you will receive the benefit of the lower rate while the special program is in effect. This includes, if applicable, any lower rates as authorized under the Servicemembers Civil Relief Act. ** This is the date your promotional rate expires and the remaining balance will be moved to your standard APR disclosed when you accepted the offer. Please note: Changing your payment due date may change your Promo APR Expiration Date. *** For more information, please call us at 1-800-347-2683. Information For You Notice of Changes to Your Payment Address /\ As of your billing cycle in October, your payment address will change. The new address will be provided on the October billing statement. At the time of your change, you should update your online banking information with your bank to include this new address. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Ten LESLIE BROUILLETTE Account ar ending in 8492 Open Date: Aug 28, 2019 2 Date: Sep 27, 2019 Page 4 of 4 Information For You ... Continued FICO® Credit Score Terms Your FICO® Credit Score, key factors, and other credit information use the FICO® Score 8 model. They are based on data from TransUnion® and may be different from other credit scores and other credit information provided by different bureaus. This information is intended for and only provided to Primary account holders who have an available score. Your score, key factors and other credit information are available on Discover.com and cardmembers are also provided a score on statements. Customers will see up to a year of recent scores online. Discover and other lenders may use different inputs, such as FICO® Credit Scores, other credit scores and more information in credit decisions, This benefit may change or end in the future. FICO is a registered trademark of the Fair Isaac Corporation in the United States and other countries. If you prefer not to receive your FICO® Credit Score just call us at 1-800-DISCOVER (1 -800-347-2683). Please give us two billing cycles to process your request. Discover Financial Services and Fair Isaac are not credit repair organizations as defined under federal or state law, including the Credit Repair Organizations Act. Discover Financial Services and Fair lsaac do not provide ‘credit repair" services or assistance regarding "rebuilding" or “improving" your credit record, credit history or credit rating. Availability of FICO® Credit Score As an active cardmember, you may see your FICO® Credit Score on your monthly statement or online. Reasons why you may not see your FICO® Credit Score include: if you opt out; if you have key information that is mismatched or missing, as one example, an address change that has not been updated with Discover or TransUnion®; if your credit history is too new; if your account status is abandoned, bankrupt, fraud, lost or stolen, closed, revoked, or charged off; if you have a foreign address. Your FICO® Score is disclosed on statements when your statement is available. You may not receive a statement if you have no account activity such as no purchase transactions, fees, interest, or payments for approximately 30 days. LARD LER TL TE OT NINE NEAR IAEA AGI ES I ORHAN EE CIO SE i AAAI GHG REN Ee CNL OS SENS NTN SN
