Miscellaneous: AMERICAN EXPRESS CENTURION BANK, A UTAH BANKING IN VS. RUTH MILLER et al

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San Francisco Superior Courts
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Document Scanning Lead Sheet
Nov-16-2005 1:40 pm

Case Number: CGC-05-446784
Filing Date: Nov-16-2005 1:37
Juke Box: 001 Image: 01326002
COMPLAINT

AMERICAN EXPRESS CENTURION BANK, A UTAH BANKING IN VS. RUTH MILLER et

001001326002

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Attorneys for Plaintiff

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San Francisco County Superior Court

ELIZABETH A. BLEIER ESQ., Bar # 81470 NOV 1 6 2005

ICHARD E. GOLDEN, ESQ., Bar # 102079

LEIER & COX
IL16130 Ventura Boulevard, Suite 620 GORD! NPA KL, Clerk
Encino, CA 91436-2568 BY: oe

(818) 784-8100 + CASEMANAGEMENT CONFERENCESET
HAR 17 2006 10 BAM

pemrmvet22 == SUMMONS ISSUED

Meme tT vance ane

IN THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO, LIMITED CIVIL JURISDICTION

case no, 0605446784

COMPLAINT FOR MONEY:
BREACH OF CARDHOLDER
AGREEMENT

AMERICAN EXPRESS CENTURION
BANK, A UTAH BANKING
INSTITUTION

Plaintiff,

DEMAND
$9,993.17

vs.

RUTH MILLER ,
and DOES 1 through
5,Inclusive,

Defendants.

Plaintiff alleges:

1. Plaintiff is a valid and existing corporation and
duly authorized and qualified to do business and doing business in
the State of California.

2. The true names and capacities, of defendants named
herein as DOES 1 through 5, inclusive, are unknown to plaintiff,
who therefore sues said defendants by such fictitious names, and
plaintiff will amend this complaint to show their true names and
capacities when the same have been ascertained.

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COMPLAINT FOR MONEY
05-06965-O/Nationwide Credit. Inc.RK

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‘ 3. That at all times herein mentioned each defendant

Was the agent, employee and/or husband or wife of each of the
remaining defendants, and was at all times acting within the
fourse and scope of such agency and/or employment and with the
consent, knowledge and permission of each of their co-defendants,

land the hereinafter set forth obligation(s) were community debts.

4. The within action is subject to the provisions of

Section 395(b) of the California Code of Civil Procedure, and not

isubject to the provisions of Section 1812.10 or 2984.4 of the

10|\California Civil Code.

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5. The defendants, and each of them, are residents of,

12}land/or the contract was entered into in this judicial district,

13 |land/or the contract was to be performed in this judicial district

14|land, therefore, this is the proper Court for trial in this action.

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6. Plaintiff and defendants, and each of them, entered

16}finto a written credit card cardholder agreement. By the terms of

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said agreement said defendants promised to pay to plaintiff for
all purchases and/or cash advance drafts procured by the use of
the card bearing said defendants’ name and account number,
including finance charges on the "average daily balance".

7. Defendants, and each of them, did breach the
aforementioned cardholder agreement by failing to comply with
terms and conditions of said agreement.

8. Plaintiff has duly performed all acts necessary on
its part to be performed under the terms of said agreement.

9. Neither defendants nor anyone else on their behalf
have reported the credit card lost or stolen.

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COMPLAINT FOR MONEY
05-06965-0/Nationwide Credit, Inc.oa

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10. That although demand has been made, there is now
fue, owing and unpaid from defendants, and each of them, the
principal sum of $9,993.17, or such higher amount as may be shown

pccording to proof at time of trial, together with interest at the

rontract rate from January 12, 2005, to the date of entry of
judgment .

11. Said agreement provides, among other things, that
Hf plaintiff employs an attorney to enforce said agreement,

defendants promise to pay reasonable attorneys’ fees and costs
incurred.
WHEREFORE, plaintiff prays judgment against defendants,
land each of them, as follows:
1. For damages in the sum of $9,993.17, or such higher
amount as may be shown according to proof at time of trial;
2. For reasonable attorneys fees;
3. For interest thereon at the contract rate from
January 12, 2005;

4. For costs of suit herein incurred; and

5. For such other and further relief as the court may
deem just and proper.

BLEIER & COX

DATED: November 7, 2005 f
By:

Attorneys fo: laintiff

Federal law requires us to inform you that this is an attempt to
collect a debt and any information obtained will be used for that

purpose.

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COMPLAINT FOR MONEY
05-06965-0/Nationwide Credit, Inc.a wu » w N Rh

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ELIZABETH A. BLEIER, ESQ., Bar # 81470
RICHARD E. GOLDEN, ESQ., Bar # 102079
BLEIER & COX

16130 Ventura Boulevard

Suite 620

Encino, CA 91436-2568

(818) 784-8100

Attorneys for Plaintiff

AMERICAN EXPRESS CENTURION BANK,
A UTAH BANKING INSTITUTION,

vs.

RUTH MILLER,
and DOES 1 through 5, Inclusive.

IN THE SUPERIOR COURT OF CALIFORNIA

CASE NO.

Plaintiff,

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Defendants. )
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COUNTY OF SAN FRANCISCO, LIMITED CIVIL JURISDICTION

DECLARATION PURSUANT TO C.C.P.
395(B): VENUE FOR PERSONAL,
FAMILY OR HOUSEHOLD OBLIGATIONS

I, ELIZABETH A. BLEIER/RICHARD E. GOLDEN, declare as follows:

1.

This is an obligation of the defendant (s)

for goods, services, loan or extension of credit intended

primarily for personal, family or household use.

2.

SAN FRANCISCO is the County:

a. In which the defendant(s) in fact
signed the contract

b. In which the defendant(s) resided
at the time the contract was entered
into.

c. In which the defendant(s) resided at
the commencement of the action.

05-06965-O/Nationwide Credit, Inc. 1

YES NO
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*" Y ‘declare under the penalty of perjury that the foregoing is true

and correct.

Executed on November 7, 2005, at Encino, California.

ELIZABETH \A. BDRIER/RICHARD GOLDEN
Declarant

Federal law requires us to inform you that this is an attempt to

collect a debt and any information obtained will be used for that

purpose.

05-06965-0/Nationwide Credit. Inc. 2