Complaint

Cal. Super. - 3rd Dist.November 27, 2019

N O o m a r y D n m n e h Ww W 10 11 12 13 14 15 16 17 18 19 20 21 yy) 23 24 25 26 27 28 TRE superb, Cour FD. Christopher A. Beyer, State Bar #213264 County of Placer Camryn P. Berk, State Bar #317565 RAUSCH STURM NOV 27 2019 3131 Camino Del Rio N., Suite 350 Jake Chatters San Diego, CA 92108 pects OMtioer & Clerk/y) y: E. Kouvdos, Deputy Telephone: (877) 215-2552 Facsimile: (877) 396-4464 E-mail Address: LawfirmCA@rsieh.com Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER, BILL SANTUCCI JUSTICE CENTER TD Bank USA, N.A. as successor in interest to ) Case No.: N C V 0 0 7 52 5 1 TARGET NATIONAL BANK, ) ) COMPLAINT FOR: Plaintiff, ) 1. ACCOUNT STATED ) FILED BY FAX VS. ) ) PRAYER AMOUNT: $1,427.73 ALYSSA MELGARD; ) and DOES 1 through 10, inclusive, ) LIMITED CIVIL CASE ) Defendants. ) Plaintiff TD Bank USA, N.A. as successor in interest to TARGET NATIONAL BANK (“Plaintiff”) alleges the following facts as to all causes of action as follows: 1. Plaintiff is qualified to do business in California. 2. This Court is proper for this action because Plaintiff is informed and believes that Defendant ALYSSA MELGARD is a resident within the jurisdictional boundaries of this Court. 3. Plaintiff is informed and believes that Defendant ALYSSA MELGARD and Defendants sued by the fictitious names DOES 1 through 10 (“Defendants”) are responsible for the alleged debt; however, Plaintiff is unaware of the true names and capacities of DOES 1 through 10 and will seek leave of this Court to amend this Complaint when the true names and capacities have been ascertained. 1 COMPLAINT 3880150 C o O o N Y D o D n H f e Ww W 10 11 12 13 14 15 16 17 18 19 20 Zi 22 23 24 25 26 27 28 4. Plaintiff believes that at all times mentioned herein, Defendants, and each of them, were the agent, servant, employee, or employer, and acted in the capacity and as agent, of each and of the other Defendants. Plaintiff also believes that each of the Defendants is jointly and severally liable in that the actions were taken for the benefit of the Defendants' separate and/or community property. 5. Plaintiff is seeking to recover the amount of $1,427.73. This is the past-due balance on a credit card account, which was opened and used by Defendants for value received from Plaintiff with the original account number ending in ************2908 (the “Account”). The amount due is the result of transactions that occurred on the Account. 6. Plaintiff is the sole owner of the debt at issue. 7. Plaintiff alleges that the date of the last payment was August 1, 2019. 8. Before commencement of this action, Plaintiff informed Defendants in writing that it intended to file this action and that this action could result in a judgment against Defendants that would include court costs allowed by California Code of Civil Procedure, section 1033, subsection (b)(2). FIRST CAUSE OF ACTION - (Account Stated) 9. Plaintiff realleges and incorporates by reference all of the foregoing paragraphs. “10. Defendants opened, used, and derived benefit from the Account through Defendants' own use of the Account or by another's use at Defendants’ direction. By using the Account, Defendants expressly agreed or impliedly promised to repay Plaintiff. 11. Within the past four years, Defendants became indebted on the Account to Plaintiff in the sum of $1,427.73 onan account stated in writing by and between Plaintiff and Defendants in which it was agreed that Defendants were indebted to Plaintiff. 12. Regular monthly statements were mailed to Defendants listing the debits, credits, and balance due. Plaintiff has no record of Defendants timely objecting to the statements after receipt. Z COMPLAINT 3880150 N \o oo ~“ nN Nn & Ww W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. Plaintiff has made demand upon Defendants for repayment of the account stated; however, Defendants have failed to satisfy the balance due. 14. As of the date of this Complaint, there is due and owing the unpaid sum of $1,427.73. WHEREFORE, Plaintiff prays for judgment against Defendants as follows: 1. For the unpaid balance of $1,427.73; 2. For costs of suit; 3. For such other relief as the Court may deem just and proper. DATED: November 14, 2019 RAUSCH STURM Cammy Gh Camryn P. Berk Attorneys for Plaintiff 3 COMPLAINT 3880150