Complaint

Cal. Super. - 3rd Dist.June 8, 2021

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR DAMAGES - 1 SUTTELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX Erin E. Patterson, SBN 262285 Jason W. Tang, SBN 314337 Patrick J. Layman, SBN 59643 Thomas J. Sebourn, SBN 279272 Nicholas J. Babilis, SBN 291676 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 SUTTELL & HAMMER, A.P.C. P.O. Box C-90006 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 Facsimile: (425) 453-3239 california@suttelllaw.com Attorneys for Plaintiff s/h 778318.001 SUPERIOR COURT OF CALIFORNIA, FOR THE COUNTY OF PLACER SANTUCCI JUSTICE CENTER LIMITED CIVIL JURISDICTION Synchrony Bank Plaintiff, vs. Dana B Stansel Defendant. NO. COMPLAINT FOR DAMAGES Common Counts: Open Book Account PRAYER AMOUNT: $5368.64 PLAINTIFF ALLEGES CAUSES OF ACTION AS FOLLOWS: GENERAL ALLEGATIONS 1. Plaintiff is a FDIC insured bank qualified to do business in the State of California. 2. Defendant is a natural person. 3. Defendant currently resides in this judicial district, therefore, jurisdiction and venue are proper in this court. 4. The claims sued upon herein were made and entered into. The claims sued upon herein are due and payable in this judicial district and/or county, and are not subject to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR DAMAGES - 2 SUTTELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX provisions of Sections 1812.10 and 2984.4 of the California Civil Code, Section 395(b) of the California Code of Civil Procedure. 5. That at all times material, Defendant has been the obligor of a certain credit card account bearing number XXXXXXXXXXXX1864, and that Defendant agreed by the use of said credit card: (1) to assume responsibility for all credit extended on the basis of said accounts; (2) to pay monthly upon the unpaid account balance, including any and all service charges; and (3) upon default in payment, that all obligations shall become immediately due and payable; and Defendant has defaulted on said agreement. 6. By the use of said credit account, Defendant has become indebted on said account in the amount of $5368.64, which is due and unpaid despite Plaintiff’s demand. CAUSE OF ACTION - OPEN BOOK ACCOUNT 7. Plaintiff realleges and incorporates herein the allegations set forth above. 8. Defendant became indebted to Plaintiff within the last four (4) years on an open book account for money due. 9. Plaintiff kept an account of the debts and credits involved in the transactions. 10. Defendant owes Plaintiff the sum total of $5368.64, plus any applicable costs, for a balance due on a book account for money paid, lines of credit extended, and/ or funds expended by or for Defendant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR DAMAGES - 3 SUTTELL & HAMMER, APC PO BOX C-90006;BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX PRAYER FOR RELIEF: Plaintiff prays for judgment against Defendant as follows: A. For damages in the amount of $5368.64, less any payments made; B. For costs of suit incurred herein; and C. For any further sum which may be proven at time of trial, and if allowed by law or contract, or any other relief as the court deems just and equitable. Dated ________________________ Respectfully Submitted, SUTTELL & HAMMER, A.P.C. SignHere _________________________________ ( ) Erin E. Patterson, SBN 262285 ( ) Jason W. Tang, SBN 314337 ( ) Patrick J. Layman, SBN 59643 ( ) Thomas J. Sebourn, SBN 279272 ( ) Nicholas J. Babilis, SBN 291676 ( ) Carina M. Jordan, SBN 302099 ( ) Shane T. Wate, SBN 302738 Attorneys at Law s/h 778318.001 June 3, 2021 X