Miscellaneous: LVNV FUNDING LLC VS. FUTURE M. HAYS et al

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San Francisco Superior Courts
Information Technology Group

Document Scanning Lead Sheet
Dec-13-2007 8:53 am

Case Number: CGC-07-469987
Filing Date: Dec-13-2007 8:50

Juke Box: 001 Image: 01966750
COMPLAINT

LVNV FUNDING LLC VS. FUTURE M. HAYES et al

° 001001966750

Instructions:
Please place this sheet on top of the document to be scanned.SUM-100

sufimons

FOR COURT USE ONLY
}OLO PAI ta
. woo. (CITACION JUDICIAL) 00 PARAUSO DELACORTE)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):

Future M Hays, and Does 1 through 410 inclusive

YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):

LVNV Funding LLC

You have 30 ENDAR DAYS after this summons and legal papers are served on you To file a written response at this court and have
a copy served on the plaintiff. A ror phone call will not protect you. Your written response must be In proper legal form if you want
the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more
information at the California Courts Online Self-etp Center (wew.courtinfo.ca.goviselfhelp), your county faw library, or the courthouse
nearest you. If you cannot pay the filing k the court clerk for a fee waiver form. If you do not file your response on time, you may
tose the case by default, and your wages, money, id property may be taken without further warning from the court.

‘There are other legat requirements. You may want to call an attorney tight away, If you do not know an attorney, you may want to call
an attorney referral service. If you cannot afford an attomey, you may be eligible for free fegat services from a nonprofit legal services
program, You can locate these nonprofit groups at the California Lega! Services Web site (wow Jawhelpcalifornia.org}, the California
Courts Online Self-Help Center (www.courtinfo.ca.goviselfhelp), or by contacting your local court of county bar association.

Tiene 30 DIAS DE CALENDARIO después de que fe entreguen esta eltacion y papeles legates para presentar una respuesta por escrito
en esta corte y hacer que se entregue una copia al demandante. Una carta o una tlamada telefénica no lo protegen. Su respuesta por
escrito tlene que estar en formato legal correcto si desea que procesen su caso en fa corte. Es posible que haya un formularlo que usted
pueda usar para su respuesta. Puede ‘encontrar estos formularios de fa corte y mAs informacién en ef Centro de Ayuda de fas Cortes de
California (www. courtinfo.ca.gov/selthelp/espanol), en Ia biblioteca de leyes de su condado o en fa corte que Je quede m4s cerca. Sino
puede pagar fa cuota de presentacién, pida af secretario de fa corte que fe dé un formularto de exencién de pago de cuotas, Sino
presenta su respuasta a tiempo, puede perder ¢! caso por incumplimiento y la corte fe podr& quitar su sueido, dinero y blenes sin més
advertencia.

Hay otros requisitos fegaies. Es recomendable que Ha!
un servicio de remisién a abogados. SI no puede pags:
Jegales gratuitos de un programa de servicios legales sin fines de tucro, Puede encontrar estos grupos sin fines da lucro en ef sitlo web
de California Legal Services, (www lawhelpcalifomia.org), en el Centro do Ayuda de fas Cortes de California,
{www.courtinfo.ca.gov/selfhelp/espanol) o ponléndose en contacto con la corte 0 ef colegio de abogados locales.

400 McAltister Street, Room 103

scx "469987:
San Francisco, CA 94102

The name, address, and telephone number of plaintiff's attomey, or plaintiff without an attomey, Is:
(El nombre, fa direccién y ef nimero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es)! e

The name and address of the court is:
(El nombre y direcciin de fa corte es):
San Francisco County Superior Court - Civic Center Courthouse San Francisco

Ivan S. Lavinsky, Esq., SBN 199135 .
4565 Rufiner Street, Suite 206 . : &, Qacikes oo
San Diego, CA92111 866-212-0990 % GORDONPARER os »%

ATE: (Fegha)l : Clerk, by YEE Deputy
At a pet pert, Foca . (Adjunto}

(For proof of service of this summons, us@ Proof of Service of Summons (form POS-010).)

(Para prueba de entrega de esta citation use ef formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served .
4, [XJ as an individuat defendant.

2. [) as the person sued under the fictitious name of (specify):

3, [—) on behalf of (specify):

under: LJ] cop 418.10 (corporation) [CCP 416.60 (minor)
C1 cep 416.20 (defunct corporation) C1] cep 416.70 (conservatee)
() Ccr 416.40 (association or partnership) (1 CcpP 416.90 (authorized person)

(J other (specify):

4. [-] by personal detivery on (date): Page 4 oft
Fengee Sana senre SUMMONS co RESELLER ALE
'SUM-100 (Rev, January 1, 2004] ‘Standarda of Judiaal Administraton, $19

www courtinto.c# pov— cM-010

~ ATTORNEY OR PARTY WITHOUT ATTORNEY (Meme, Srate Bar Manber, ad AdHBES) OURT USE ONLY
LLE D.

Ivan S, Lavinsky, Esq. (SBN 199135)
The Hamerofi/Lavinsky Law Firm, P.C.
4565 Ruffner Street, Suite 206

San Diego, California 92111

‘TevepHone wo: (866) 212-0990 FAX WO. (Optiones: (858) 505-9145,
ATtorwey FOR (nemey Plaintiff .
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco ner \ 3 2007

strceranoress: 400 McAllister Street, Room 103
wana acoress: 400 McAllister Street, Room 103
crrvanozecoce: San Francisco, CA 94102
pancn name San Francisco,
CASE NAME: LVNV Funding LLC v. Future M Hays
CIVIL CASE COVER SHEET
O untimited @ Limtted
(Amount demanded = (Amount .
exceeds $25,000) demanded is Filed with first eppearance by defendant
$25,000 or less: (Cal. Rutes of Court, rute 3.402)
{tems 1-6 below must be completed (see instructions on
‘Check one box below for the case type that best describes this case:

PAH Clerk

Complex Case Designation
O Counter 0 soinder

1.

Auto Tort Contract Provisionatly Complex Civil Litigation
C1 Auto (22) 0 Breach of contractWarranty = (Ca?.Rules of Court, rules 3.400-3.403)
(06)

(1 Uninsured motorist (46) (Rule 3.740 collections (09) CO AntitrustTrade regulation (03)
Other PUPD/WD (Personat Injury/Property 1 Other cottections (09). CA, Construction defect (10)
Damage/Wrongful Death) Tort Ci Insurance coverage (48) CG Mass tort (40)
1 = Asbestos (04) CO Other contract (37) OC Securities litigation (28)
0 = Product liability (24) Real Property LD Environmental/Toxic tort (30)
(_— Medicat ma!practice (45) 1 Eminent domain/inverse (1 Insurance coverage claims arising from
O Other PI/PDAWD (23) (condemnation (14) the above fisted provisionally complex
Non-PIPD/WD (Other) Tort Ld Wrongful eviction (33) case types (41)
Cs Business tort/unfair business practice (07) [) Other real property (26) Enforcement of Judgment
(Civil rights (08) Untawful Detainer 1 Enforcement of judgment (20)
(1 Defamation (13) 1 Commerciat (31) Miscellaneous Civil Complaint
Fraud (16) 1 Residentiat (32) 0 Rico (27) *
CO siInteffectual property (19) O1 Drugs (38) CI Other complaint (not specified above) (42)
1 Professional negtigence {25} Judicial Review e Miscellaneous Civil Petition
(1 Other non-P1/PDMWD tort (35) 2 Asset forfeiture (05) * O Partnership and corporate governance (21)|
Employment O Petition re: arbitration award (11 Other petition (not specified above) (43)
O Wrongful termination (36) O1 writof mandate (02) :

loyment (15) CO Other judicial review (39)

2. Thiscaseis [is [Bis notcomplex under rule 3.400 of the Califomia Rules of Court. If the case is complex, mark the factors
requiring exceptional judicial management.
a. {Large Number of separately represented parties d. [J Large number of witnesses
b. [] Extensive motion practice raising difficult or novel e. [] Coordination with related actions pending in one or more courts
Issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. [Substantial amount of documentary evidence f. £1 Substantial postjudgment judicial supervision : 4

3. Remedies sought (check all that apply): a. [monetary . [] nonmonetary; declaratory or injunctive retief c. [) punitive
4, Number of causes of action (specify):

5. Thiscase L}is Bdisnot aclass suit

6. If there are any known related cases, file and serve a notice
Date: November 30, 2007

Ivan S, Lavins! >

NOTICE

* Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the

Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, nite 3.220.) Failure to file may result in sanctions.
+ Fite this cover sheet in addition to eny cover sheet required by local court rule.
+ Ifthis case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other

parties to the action or proceeding.
+ Unless this is a collection case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1082
Pm Acree to Meena se CIVIL CASE COVER SHEET (Cab Pages Coun nba $220.3 40.9409, 3740 Cal Dancer of

(Caa.010 Rev. Ady 1, 2007] mew couric govwo etd Dn nH F&F YW NY =

oN wR NNR = ee oe ee
peep pPepbBBSBRBSaeA ABE E HHS

Cc C RF
. FLE, Eee,
HAMEROFF/LAVINSKY LAW FIRM P.C,

Ivan Lavinsky (SBN 199135) nee 1 8 2007

4565 Ruffner Street, Suite 206
San Diego, California 92111
Telephone: (866) 212-0990
Facsimile: (858) 505-9145
PASE MANAGEMENT
Attomeys for Plaintiff, CONFERENCESET
LVNV Funding LLC : APRIL guys .49 4M
<* Deprmeyra SUSUR IsSUED
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - SAN FRANCISCO
LVNV Funding LLC CASE NO gan py; -
“_ WLOT- 269987.
COMPLAINT FOR MONEY
Plaintiffs, 1. Breach of Contract
: 2, Money Had and Received
vs. 3. Account Stated ’
Future M Hays and DOES 1 through 10, we, oo
inclusive, . [LIMITED CIVIL CASE] :
AMOUNT DEMANDED DOESSOT
Defendant(s). EXCEED $10,000.00

COMES NOW, Plaintiff, LYNV FUNDING LLC, (hereinafter “Plaintiff”) for all causes
of action against all named Defendant(s), FUTURE M HAYS, (hereinafter “Defendant(s)”), and
each of them, and each other Defendant sued as a DOE defendant hereunder, and hereby

complains as follows upon information and belief:
PARTIES
1. Plaintiff is now and was at all times mentioned herein either a corporation, a

partnership, or a sole proprietor authorized to do business in, and is engaged in doing business in

the State of California, and is the rightful Plaintiff authorized to collect the debt which is the

subject of this action.

MS

COMPLAINT FOR MONEY DAMAGESCc C

2. Plaintiff is informed and believes, and on that basis alleges that at least one
Defendant resides in the State of Califomia.

3. Plaintiff is ignorant of the true names and capacities of the Defendants sued
herein as DOES 1 through 10 inclusive, and therefore sues these Defendants by such fictitious
names. Plaintiff will amend this Complaint to insert the tre names and capacities of said
Defendants when they are ascertained. Plaintiff is informed and believes and thereon alleges that
each of such fictitiously named Defendants are indebted to Plaintiff as herein alleged, and that
Plaintiff's rights against such fictitiously named Defendants arise from such indebtedness.

JURISDICTION

4. This is the proper venue, superior court and court location for this action because
the action involves an offer or provision of goods, services and/or credit intended for commercial
use to be sold to the public primarily for personal, family or household use and at least one
Defendant resides in this court’s jurisdiction.

5. The cause of action hereinafter stated is a money demand.

FACTUAL ALLEGATIONS. COMMON TO ALL CAUSES OF ACTION

6. The original creditor(s) (“Issuer”) issued credit card(s) in Defendant(s)’ name and

Defendant(s) received and used and/or authorized the use of the credit card(s) and thereby

became obligated to pay for the charges incurred with the card(s) as follows:

Original Creditor: Under Account Number: Balance Owed:
Citibank - Sears 0055027080831 $1,969.39

1 Within the past four (4) years, Defendant(s) defaulted on the obligation to make
monthly payments on the credit card account(s), and the card(s) were subsequently canceled.
The entire balance on the credit card account(s) are presently due and payable in full.

8. The credit card account(s) were charged off to profit and loss by the Issuer and
where applicable, for valuable consideration, was sold, assigned and/or transferred to Plaintiff
who is now the assignee and/or sole owner of such claims with all legal tights to pursue
collection of said debt(s), including the charge-off amounts due from Defendant(s) in a total
amount of $1,969.39 .

2

COMPLAINT FOR DAMAGESC Cc

FIRST CAUSE OF ACTION
(Breach of Contract)
(As Against All Defendants)

9. Plaintiff sets forth by reference as though fully set forth below each and every
allegation of paragraphs 1 through 8 of this Complaint.

10. Byusing and/or authorizing the use of the credit card Defendant(s) accepted the
contract with the Issuer and became bound to pay for all charges incurred with the credit card(s).
Defendant(s) also became subject to all of the terms and conditions of the Issuer’s cardholder
agreement. ,

11. The Issuer sent to Defendant(s) monthly bills reflecting, inter alia, all charges
incurred with the credit card(s), the monthly payment due, and the total balance due. To the best

of Plaintiff's knowledge and belief Defendant(s) did not ever send to the Issuer any disputes of
the monthly bills or the charges reflected thereon. Each monthly statement informed
Defendant(s) of the duty to submit any disputes of the charges set forth in such statement, in
writing, within sixty days from the date of the statement. Defendant(s)’ failure to submit such
disputes constitutes an admission of the account balance.

12, Defendant(s) defaulted in the payment obligation on the credit card(s). Such
breach of contract proximately caused the Issuer damages in the amount of the balance due on
the credit card account(s). If applicable, that obligation has been assigned to Plaintiff, who is the
party entitled to enforce the contract and receive payment of the credit card balance.

13. Defendant(s) are presently indebted to Plaintiff in the amount of $1,969.39 .
Plaintiff is also entitled to recover contractual interest at the rate provided for in the Issuer’s
contract with Defendant(s). Plaintiff seeks judgment for such sums, together with post-judgment
interest at the maximum rate allowed by law.

SECOND CAUSE OF ACTION
(Money Had and Received)
(As Against All Defendants)
14, Plaintiff'sets forth by reference as though fully set forth below each and every

COMPLAINT FOR DAMAGES

PoC C

allegation of paragraphs 1 through 13 of this Complaint.

15. Defendant(s) received and used and/or authorized the use of the credit card(s)
knowing that the Issuer expected to be repaid for all charges incurred with the card(s), together
with interest thereon. With each use of the credit card(s), the Issuer paid money on
Defendant(s)’ behalf to the merchant with whom the credit card(s) were issued. Defendant(s) are
liable for repayment of such sums under the doctrine of money had and received.

16.  Ifapplicable, Plaintiff is the assignee of the Issuer’s right to be repaid by
Defendant(s) for such money had and received, and it is entitled to recover from Defendant(s)
the sum of $1,969.39. Plaintiff is entitled to recover contractual interest at the rate provided for
in the Issuer’s contract with Defendant(s). Plaintiff seeks judgment for such sums, together with
post-judgment interest at the maximum rate allowed by law.

THIRD CAUSE OF ACTION
(Account Stated)
(As Against All Defendants)

17. Plaintiff sets forth by reference as though fully set forth below each and every
allegation of paragraphs 1 through 16 of this Complaint.

18. Plaintiff asserts that Defendant(s)’ use of the credit card(s) to purchase goods and
services represented a periodic account, for which the Issuer generated regular monthly
statements. Defendant(s) are liable to Plaintiff as the Issuer, or if, applicable, the assignee of the
account, for the account balance, together with interest thereon at the rate allowed by law.

19, Through its undersigned attorney Plaintiff has demanded payment from
Defendant(s), but Defendant(s) have not satisfied such demand. Plaintiff has performed all
conditions precedent to the filing of this action, or all such conditions precedent have occurred.

20. Pursuant to the terms of the cardholder agreement, Plaintiff is entitled to recover
reasonable attorney’s fees and court costs for the pursuit of this action. Such amount is subject
to determination by the Court, and Plaintiff requests that the Court award attorney’s fees in the
amount that it determines to be reasonable in this action, together with all taxable costs.

WHEREFORE, Plaintiff prays for judgment against Defendant(s), and each of them, as

4
COMPLAINT FOR DAMAGESpe ee et ete tosses
852 Aaaes vw N = 9

wo ond anu ew N

C C

follows:

‘1. For the balance owed in the amount of $1,969. 39 5
For contractual interest from that date through date of, judement;
For post-judgment interest at the maximum rate allowed by law;
For reasonable attomey’s fees according to proof;

For costs of suit incurred herein; and

awe YN

For such other and further relief

Dated: November 30, 2007
Lavinsky, Esq.
anomey for Plaintiff LVNV Funding LLC

PS

COMPLAINT FOR DAMAGESlt

png aER ERE

San Francisco Superior Courts
Information Technology Group

Document Scanning Lead Sheet
Dec-13-2007 9:11 am

Case Number: CGC-07-469988
Filing Date: Dec-13-2007 9:07

Juke Box: 001 Image: 01966766
COMPLAINT

CAPITAL ONE VS. GAYLORD STARKS et al

001001966766

Instructions:
Please place this sheet on top of the document to be scanned.

re et NE OE OP CSOT UT PEL OY ww STOTT IONE BMC SUMMONS
(CITACION J UDICIAL)

NOTICE TO DEF! NDANT:
(AVISO AL DEMANDADO)

GAYLORD STARKS,

DOES 1 TO 100, INCL AUSIVE

YOU ARE BEING SUED BY PLAINTIFF:
(10 ESTA DEMANDANDO EL DEMANDA INTE)

Capital One Bank

_may be

* programa
(www lawhelpeatifornia.org). enel Centro
con ta corte o el colegio de abogados locales.

The name and address of the court iss (El nombre y direccién de ta corte €3)
SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN FRANCISCO-CIVIL DIVIISON
LIMITED CIVIL .

400 MCALLISTER STREET, RM 103

SAN FRANCISCO, CA 94102

‘The rare, evens and ilehone rch of pants stomey,of pi wo an attorney, is
Ta a, di cbs eden, dena gc et

Erica L. Brachfeld, Esq., S.B.N. 180683 888/856-2120
Brachfetd & Associates, PC

20300 $. Vermont Ave., Ste.120
Torrance, CA 9502-133)
rane HEE 2007,

Clerk, by :
(Secretaris} .

‘mummons. use Proof of Service of Simmons orm PUS-Vit-
Paton wae ef Frvof of Service of Surnmons, (POS-010
NOTICE TO THE PERSON SERVED: You are served
Lf asan individual defendant.

on behalf of (specify):
J CCP 416.10 (corporation)
yccr 416.20 (defunct corporation)

af
under:

[ other:
4. Thy personal delivery on (date):

Form Adopted for Mandatory Use
Judicial Council of California
‘SUM-100 [Rec. January 1, 2004]

SUMMONS

ypewritte
plaintiff, Alerter or phone call wilt not ‘protect you, Your written response must We in proper legal forma If you want the court t@ hear your case.
‘There may be acourt form that you can use for your response. ‘You canfind these court forms and more information at the California Courts Online
Self-Ietp center ‘orww.courtinfo.ca.goviselfhelp), your county ive library, oF the courthouse nearest you. If you cannot Pay the filing fee, ask the
If you do not file your response on time, you may Tose the case by default, and your wages, money and property

‘There are other legal requirements. You may ‘want to call an attorney right away, Ifyou do not know an attorney, you may call an attorney
referral service. Ifyou cannot afford an attorney, you may de cligibte for free Jegal services from & ‘nonprofit legal services progr
these nonprofit groups at the California Legal Services ‘Web site (www. lawhelpealifornia.org) the California Courts Ontine Sat Help Center

Tiene 30 DIAS DE CALENDARIO desputs de ave Ie entreguen esta citacién y papeles legales pars presentar una respuesta por escrito en esta
corte y hacer que se entregue una copis al Temandante, Una carta owna Harada Narmada Mneronica note protegen. Su respuests por escrito tiene

formato tegal correcto si desea que procesen su caso en ta corte. Es posible que haya un formulario que usted pucda usar para su
informacién en ef Centro de Ayuda de las cortes de California

GORDONPARKLL

2.[ Jas the person sued under the fictitious name of (specifvy:
}

[ ]CCP 416.40 (association or partnership) {

SUM-160

FOR COURT USE ONLY.
(SOLO PARA USODE FA CORTEY

a copy served on the

ram, Youcan locate

Sino puede pagar ta cuota

no ereey

sy Deputy
~~ Adjunto)

J CCP 416.60 (minor)

J CCP 416.70 (conservatee)

J CCP 416.90 (individual)

Code of Civil Procedure &&
412.20, 465

982.1(20)UT ATTOA

¥ OR 7 (Name, ste’ bar number, ‘and address):
rachfeld, Esq.. S.B.N. 18068.

FOR COURT USE ONLY

t

TELEPHONE NO. BARIASG-2120 FAX NO. 34 01273-9867
ATTORNEY FOR (Name): PLAINTIFE

FILED
SE pastor Sindee
nen 1 8 2007
_GORDPY PaRGLL Ce

c mye erm

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADORESS: 400 MCALLISTER STREET, RM 103
CITY AND ZIP CODE: SAN FRANCISCO, CA 94102

ME: CIVIL DIVIISON

Capital One Bank
¥!
GAYLORD ST!

S.
‘ARKS,

IL
{ 1Unlimited
(Amount!

demanded demand:

ots ries ‘with first appearance defendant
exceeds $25.000) $25,000 or tess)

(Cal, Rules ‘of Court, rule 3.402)

~Check one box below for the case type that best describes this case:

Auto Tort Contract ex Civil Litigation ‘
[ Auto (22) { ]) Breach of contraclwarranty (06) (Cal. Rules of Court, rules 4800-1812)
Uninsured motorist (46) [xj Rule 3.740 collections (09) 1 Antitrust Trade regulation (03)
Other PYPDIWD: (Personal Injury/Property { JOther collections (09) { | Construction defect (10)
Damage/Wrongful Death) Tort { ] Insurance coverage (18) { ] Claims involving mass tort {40)
Asbestos (04) { ] Other contract (37) { ] Securities litigation (28}
Product liability (24) Real Property ) Environmental/Toxic tort (30)
{ ] Medical matpractice (45) { ] Eminent domainfinverse . [ ]Insurance coverage claims arising from the
] Other PUPDAWD (23), condemnation (14) above listed provisionally complex
Non-PYPDWD (Other) Tort [ ] Wrongful eviction (33) case types (41)
| Business tortvunfair business practice (07) { J Other reat property(26) Enforcement of Judgment
[ ] Civil rights (08) Unlawful Detailed [ ] Enforcement of judgment (20)
{ ] Defamation (13) {1 Commercial (31) Miscellaneous Civil Comptaint
| Fraud (16) [ ] Residential (32) [ JRICO (27)
J Intellectual property (19) [ ] Drugs (38) { ] Other complaint (not specified above) (42)
} Professional negligence (25) Judicial Review Miscellaneous Civil Petition
{] Other non-PYPDIWD tort (35) [ ] Asset forfeiture (05) [ ] Partnership and co! rate governance (21)

por

| Petition re: arbitration award (ay j Other petition {not specified above) (43)
{ ]Writ of mandate (02)

Other judicial review (39

400 of the Calitomia ules of coud. if case 1s compl

Employment
[ Wrongful termination (36)
Other employment (15)
oe 1S CASS is 1
requiring exceptional judicial management:
a.{ Lage number of separately represented parties d.[ ] Large number of witnesses
b. [ ] Extensive motion practice raising difficult or novel e.[ } Coordination and related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states or countries, or in a federal court
c. [ ] Substantial amount of documentary evidence £t {antial postdisposition judicial disposition
3. Type of remedies sought (chack al! that apply):
a.[X]monelary b.[ J nonmonetary: declaratory OF injunctive relief ¢. { Tes

4, Number of causes of action (specify): 2

§.Thiscase [ ] is [X] is nota class action suit.

6. \fthere are any known related cases, file and serve a notice of related c3#e. (You mayjuse ffm CM-O1
.

lex, mat @ factors

Date:August 29, 2007

(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)

NOTICE
© Plaintiff must file this cover sheet with the frst tion or fing (except small efaimns es of cases filed under
the Probate, Family. of Wellare and ne tore Code). (Cal, Rules on a procening (om re to file may resutt in sanctions.
‘e File this cover sheel in addition 10 31 st gneet required by local cout 12,
ins case is complex ures O39 vet she a Fest COU, YoU TL Serve BOP is cover sheet on all other
or ing.
. See lea es ye apne vem nn bet ad A ETT Page 1 of 2

Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Tal. Rules of Court, rules, 2.00. 1220,3.400-3.403.3.740;
“Sudicial Council of Califomia Cat. Standards of Judicial ‘Administration, std 3.10
M010 (Rev. July 1, 2007] ‘www. countinfa.ca.govATTORNEY OR PARTY WITHOUT A
Erica Lt. Rrachfeld, Esq., S.B.N. 180683
Brachfeld & Associates, PC

9200 S, Vermont Ave , Ste.120
Torrance, CA 90502-1338

IEY (Name, state bar ‘number, and address): FOR COURT USE ONLY

ELEPHONE NO: RRR/RS6-2120 FAX NO, (Uptional): 310/273-9867
:-MAIL ADDRESS

Optional): Plaintiff
ATTORNEY FOR (Name):

Ce wey ew OTT BE

oD Mats
ton CHET

ApR 12 203-1084
DEPARTMENT 212

PLAINTIFF: Capital One Rank

DEFENDANTGAYLORD STARKS,

@ DOES 1 TO 100, INCLUSIVE

CONTRACT

_COMPLAINT CO AMENDED COMPLAINT (Number):
O CROSS-COMPLAINT ~~ 10.AMENDED CROSS-COMPLAINT (Number):

jurisdiction (check all that apply):
@ ACTIONIS A LIMITED CIVIL CASE

Amount demanded 8 does not exceed $10,000

Clexceeds $10,000, but does not exceed $25,000

0 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)

1D ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
(1 from timited to untimited
from untimited to timited

2 GHD

guyana

“CASE NUMBER:
™~ .

ree ST .
qr Saree rer reer

PLOT ~"46.9983*

4. PLAINTIFF* (names) Capital One Bank
alleges causes of action against DEFENDANT® (names): GAYLORD STARKS,
2. This pleading, Including attachments and exhibits, consists of the following number of pages:
3. a. Each plaintiff named above Isa competent adult .
& except plaintiff (name) Capital One Bank = & except plaintiff (name) Capital One Bank . .
(1) a corporation qualified to do business in Califomia
(2) Ban unincorporated entity (describe)
(3) Dother (specify):
b. © Plaintiff (name):
a. 1 has complied with the fictitious business name laws and is doing business under the fictitious name of (specify?
b. DO has complied with all licensing requirements asa licensed (specify):
¢. C1 information about additional ptaintiffs who are not competent adults Is shown in Complaint—Attachment 3c.
A, a. Each defendant named above is a natural person

D except defendant (name): Di except cetendant (rem):
(1) D a business organization, form unknown. (1) @ abusiness organization, form unknown.
(2) © acorporation (2) Oa corporation
(3) G an unincorporated entity (describe): (3) Oan unincorporated entity {describe):
(4) © a public entity (describe): (4) Oa pubtis entity (describe):
(5) © other (specify): (5) other (specify):

* if this form is used as a cross-complaint, plaintiff means cross-complaint and defendant. Code of Civ. Proc.,
§425.12
Form Approved for Optional Use COMPLAINT—Contract American LegalNet, Inc.
Judicial Council of California www.USCourtForms.co

PLD-C-001 [Rev. January 1, 2007] m* [SHORT TITLECapiial One Bank VS.Q LORD STARKS, ET AL.

CASE NUMBER:

COMPLAINT—Contract

4. (Continued)
b. The true names and capacities of defendants sued as Does are unknown to plaintiff.
c¢. 0 Information about additional defendants who are not natural persons is contained in Comptaint—Attachment 4c.
d. © Defendants who are joined pursuant to Code of Civil Procedure section 382 are (names):

5. O Plaintiff is required to comply with a claims statute, and
a. O plaintiff has complied with applicable claims statutes, or
b. © plaintiff is excused from complying because (specify):

6. a.[ Jis{XIis not on a contract or installment sale for goods or services subject to Civ. Codes, § 1801 et seq. (Unruh
Act).

b. | lis{XIis not on a conditional sates contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle
Sales and Finance Act).

c. (Xlisf lis not on an obligation for goods, services, loans or extensions of credit subject to Code Civ. Proc., §

395(b).

7. This court is the proper court because

_a.Cadefendant enleredinto thecontract here—_
b.Da defendant lived here when the contract was entered into- eS
¢.@ a defendant lives here now. - ON.
d.D the contract was to be performed here.
e.Cadefendantis a corporation or unincorporated association and its principal place of business is here.
1.0 real property that is the subject of this action is located here.
g.@ other (specify): CCP 395 (B)
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
Common Counts
O Other (specify):

9, G Other allegations:

10. PLAINTIFF PRAYS for judgment for costs of suit; for such relief as is fair, just and equitable; and for
a. & damages of $1,224.10
b. @ interest on the damages
(1) & according to proof
(2) © atthe rate of percent per year from (date):
¢. B attorney's fees
(1) G of: $
{2) @ according to proof.
d. @ other (specify): Such other relief as the court deems proper

41. & The following paragraphs of this pleading are alleged on information ary Soll hy paragian rsp: 1,4
Date: August 29, 2007
Erica L. Drachfeld, Esa. ¥
(TYPE OR PRINT NAME)

Form Approved for Optional Use
‘Judicial Council of California
PLD-C-001 [Rev. January 1. 2007)

COMPLAINT—Contract

eee ws EsTT COT OTR HT

/
er RE RPE re
eae rere wal Pe |‘

SHORT TITLE: Capital One Banks GAYLORD STARKS, ET AL. ¢ [exsenomser: NUMBER:
. FIRS: CAUSE OF ACTION—Common Counts Page THREE
(numoer)
ATTACHMENT TO Complaint 2 Cross-Compiaint

(Usea separate cause of action form for each cause of action.)
cC-1. Plaintiff (name): Capital One Bank

alleges that defendant (name): GAYLORD STARKS,
became indebted to B plaintiff O other (name):

a. within the last four years
(1) &  onanopen book account for money dus.
(2) B because an account was stated in vaiiting by and between plaintiff and defendant in which it was
agreed that defendant was indebted to plaintiff.

b. & within thelast 0 two years & four years
(4) 0 for money had and recelved by defendant for the use and benefit of ptaintiff.

aA (2) a> for work, labor, services and materials rendered at the special instance and request of defendant and for which
defendant promised to pay plaintiff — . some _

0 the sum of $ Ne
1D the reasonable value.

(3) © for goods, wares and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff
O the sum of $ :
D the reasonabie value.
(4) © for money lent by plaintiff to defendant at defendant's request.

(7) © for money paid, laid out, and expended to or for defendant at defendant's special instance and request.

(8) & other (specify):
By the terms of the said agreement(s), Plaintiff or Plaintiff's assignor, provided defendants, and each of them, with services rendered
and/or goods, wares, and merchandise and/or extension of credit at defendant's special instance and request and in consideration

thereof defendants promised to provide payment in the sum of $1,224.10 and interest thereon which defendants and each of them
failed to provide.

ce-2. $ which is the reasonable value, is due and unpaid despite plaintiffs demand,
plus prejudgment interest O according to proof 0D atthe rate of percent per year from (date):
CC-3. © Plaintiffis entitled to attomey fees by an agreement oF & statute
O of
@ according to proof.

cc-4. = Other:$1 1224.10 which Is xed and agreed amount, Ig due and unpaid despite plaintiffs demand, plus pre>
judgment interest according to proof.

Form Approved for Optional Use CAUSE OF ACTION-Common Counts CCP 425.12
‘Judicial Council of California American Legain

PLD-C-001(2) [Rev. January 4, 2007) www.USCourtForms.com

/

ree ET
rusreren

men ws rary er ww UNNI TTSHORT TITLE: Capital One Bank Vs. GAYLORD STARKS, ET AL.

CASE NUMBER:

SECOND CAUSE OF ACTION—Breach of Contract Page FOUR
(number)

ee west eRe a wT

ATTACHMENT TO Complaint O Cross-Complaint
(Use a separate cause of action form for each cause of action.)
BC-1, Plaintiff (name) Capital One Bank

alleges that on or about (date): Within the tast four years

a written Doral D other (specify):
agreement was made between (name parties to agreement):

Capital One Bank
AND GAYLORD STARKS,
DA copy of the agreement Is attached as Exhibit A, or

& The essential terms ofthe agreement Care stated in Attachment BC-1 @ are as follows {specify):

Plaintiff, or Plaintiff's assignor, ‘and defendants, and each of them, entered into a written agreement. By the terms of the said

agreement(s), plaintiff provided defendants, and each of them, with {services rendered] and/or [goods, wares. and merchandise]
and/or [extension of credit] and/or {monies paid laid out or expended] at defendant(s) request. ° men

BC-2, Onorabout (dates): January 4, 2005 defendant breached the agreement by
1D the acts specified In Attachment BC-2 @ the following acts: (specify):

TT
Fou T Aves tne rere renee

By the terms of the said agreement(s), Plaintiff, or Plaintiff's assignor, provided defendants, and each of them, with [services
rendered) and/or [goods, wares, and merchandise] and/or [extension of credit] and/or [monies paid laid out or expended] and in

consideration thereof defendants promised to provide payment in the sum of $1,224.10 and Interest thereon which defendants and
each of them failed to provide.

BC-3. Plaintiffhas performed all obligations to defendant except those obligations plaintiff was prevented or excused from
performing.

BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
OO asstated in Attachment BC-4 ® as follows (specify):
Defendants, and each of them, caused damages by failing to provide payment due In the sum of $1 (224.10 pursuant to the terms of
said agreement(s). There is now due, owing and unpaid by reason thereof the principal sum of $1,224.10 plus interest according to
proof.
86 5, = Plaintiffis entitled to attomey fees by an agreement or a statute

O of $
m according to proof.

BCc-6. 0 Othe

Form Approved for Optional Use CAUSE OF ACTIC! CP 425.12
Judicial Council of California ‘ in LegaiNet, Inc.

PLD.C-001(1) fRev. January 1, 2007] www,USCourForms.comped RATION OF JURISDICTIONAL € xs
I, the undersigned, declare: :

1. Lam the attomey of record for Plaintiff in this action.

2. The above-entitled action is not subject to the provisions of Civil Code Section
1812.10 or Civil Code Section 2984.4.

3. The above-entitled action is subject to the provisions of Code of Civil Procedure
Section 395(b) and/or 396(a).

4. Venue for this action is proper in the above-entitled Court because at the
commencement of this action, one or more of the named Defendants resided in this Judicial

District.

oe 5. —lf called as a. seitness, 15 would competently so testify.

were :

I declare under penalty of perjury under the laws of the state of California that he

foregoing is true and correct.

DATE EXECUTED: August 29, 2007 Los
By:

fica L. Brachfeld
Attomey for PlaintiffFREE

San Francisco Superior Courts
Information Technology Group

Document Scanning Lead Sheet
Dec-13-2007 9:37 am

er er
[CR IPET IE TE ere renee pom a eTeT eRe NNER PE

Case Number: CGC-07-469989
Filing Date: Dec-1 3-2007 9:35

Juke Box: 001 Image: 01966789
COMPLAINT

CAPITAL ONE BANK VS. LISA SPENCER et al

001001966789

Instructions:
Please place this sheet on top of the document to be scanned.NOTICE TO DEFENDANTS
(AV1SO AL DEMANDADO)

LISA SPENCER,

DOES | TO 100, INCLUSIVE

YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE)

Capital One Bank

plaintiff.

(www,courtinfo.ca.gow/selfhetp) or by conta
Tiene 30 DIAS DE CALENDARIO desput

que ests
respuesta, Puede

de remision de abogados. ‘Sino puede pagar aun
programa de servicios legales
(waw.Jawhelpeal
con la corte o cl colegio de abogados locales,

LIMITED CIVIL .

400 MCALLISTER STREET, RM 103

SAN FRANCISCO, CA 94102

“The name, sddress, and telephone martha

{El nombre fa direccion y ef mimero de
¢

Erica L. Brachfeld, Esq., S. 180683

Brachfeld & Associates, PGy s :

20300 S. Vermont Ave., Steyt20

Torrance, CA 90502-1338 °

You have 30 CALEND: AR DAYS after this sun
‘Aletter of phone call will not protect you.

‘There may bea court form that you ean use for your response. ‘You can find these court forms and more information at the California Courts Online
Self-ltelp center (erm courtinfo.ca.gavisetfhelp) your County Taw library, or the courthouse nearest you. If you ‘cannot pay the filing fee, ask the
court clerk for a fee walver form, If you do not file your response on time, you may fose the case by default, and your wares, money and property

mons is served on you to file » Iypewritten response at this court and have a copy served on the

y rt.
‘There are other legal requirements, You may ‘want toeall an attorney right away. Tfyou do not know an attorney, ‘you may call an attorney
‘ou may be eligible for free legal services from a: nonprofit legal services

(eam-courtinfo.ca.goviselfhelp/espancl, eta biblioises “icteyes desu condado o-enta corte que fe quede mis cerca. Si no puede pagar Ia cuota
ie presentaci6n, pida al sccretario dé la corte que Te de un formularia de exencién de paga de cuotas.
Tay otres requisitos legates. Es recomendable que Hume ® To Mhozado inmediatamente. Si no conoce s un aborsdo, puede lamar aan serviclo

‘sin fines de lucra. Puede encontrar estos sin fines de lucro en
ifornia.org), enel Centro de Ayuda de las: Cortes de Catifornia, (orww.courtinfa.ea.goviselmhetp/espancl) o poniénose en contacto

The name and address of the court is: (£1 nombre y direccién de ta corte €)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO-CIVIL DIVIISON

SUMMONS

(CITACION JUDICIAL)
SUM-100

FOR COURT USE ONLY
GOULY PARA US DELACORTE

re we LNT ew eo NONNOEEND T

‘Your written response must be in proper legal form if you want the court to hear your cast.

program, Youcan locate
vwlawhelpeatifornia.orp), the California Courts Ontine Self-Help Center
‘al or county bar association. we ~~

‘entreguen esta citacion y papeles tegates para presentar una respuesta por escrito en esta
Una carta ouna Itamads Tamada tetefinica no lo protegen. > respuesta. por escrito tiene
‘eniacorte. Es posible que haya un formulario que usted pueda usar para su
més informacion en ef Centro de Ayuda de las cortes de California

a rere
ee eer ond ea PeRROPTE

wenebeng = 469989

satis acme, or pan without an tore.
od del aboreado de! demandanie. ic demandante que wo tiene abogado, €2)

R88/856-2120

GORDON Pancy

DEC 13 2007, Clerk, by ft
(Secretario) (Adjunto)
ice of Summons (form POS-0F0)
 farmeaarto Proof of Service of Summons. (POS-010H
NOTICE TO THE PERSONSERVED: You are served
a [J asan individual defendant.
a { Jasthe person sued under the fictitious name: of (specify):
U3. Jon behalf of fepecifvy:
undp: [ ]CCP 416.10 (corporation) JECP 416 60 (minor)
[ yecr 416.20 (defunct corporation) { 1ccP 416.70 (conservatee)
{ ] Cccp 416.40 {association or partnership) [ jccr 416.90 (individual)
[_ Jother:
4 ]by personal delivery on {datey.
Form for Mandatory Use Code of Civil Procedure 38
roomy Cased resin SUMMONS 412.20, 465

SUM-100 [Ree. January 1, 2004]

982.1(20)-

ATTORNEY OR PARTY WITHOUT ATTORNEY (Nai
AUS L Brachfeld, Esq. S.B.N. 180683 T
90300 8. Vermont Ave,, Ste.120

oranac, CA 99507-1338

TELEPHONE NO.: 888/856-2120 FAX NO. 310/273-9887

male bar number, and address): FOR COURT USE UNLT

Puls

ATTORNEY FOR (Name): PLAINTIFF San Freditco Chin a8 Ee
ny SuoeMnE Court
Ace 13 7007

Go
By, ROONP

Ret , Clark

5

CIVIL CASE COVER SHEET Complex Case Designation
{. ] Unlimited {X J Limited Counter [ ]Joinder
(Amount (Amount Filed with first appearance Dy defendant

demanded demanded is
exceeds $25,000) $25,000 or fess)

(Cal. Rutes ‘of Court, rule 3.402)

7. Check one box

Auto Tort Contract Provistonally Complex Civil Litigation
-f-] Auto (22) ~~ — Ld Breach of contractWwarranty (06) (Cal. Rules of Court, rutes 4800-1812)
Uninsured motorist (46) [2 Rule 3.740 collections (09) - { } Antitrust Trade regulation (03)
Other PIPDWD {Personal InjuryfProperty  { Other collections (09) ~ \_[ 1Gonstruction defect (10)
DamageMWrongful Death) Tort | J insurance coverage (18) { ] Claims involving mass tort (40)
[ ] Asbestos (04) { } Other contract (37) [ ] Securities fitigation (28)
[ ] Product liability (24) Real Property (J EnvironmentalToxic tort (30) |
| Medical malpractice (45) [ ] Eminent domainfinverse { ] insurance coverage claims arising from the
{ ] Other PYPDMWD (23) condemnation (14) above listed provisionally complex
Non-PU/PDIWD (Other) Tort { ] Wrongful eviction (33) case types (41)
] Business torvfunfair business practice (07) {J Other real property(26) Enforcement of Judgment
[ ] Civit rights (08) Untawful Detailed {) Enforcement of Judgment (20)
| Defamation (13) { ] Commercial (31) Miscellaneous Civil Complaint
] Fraud (16) [ ] Residential (32) [ ] RICO (27)
J Intellectual property (19) { 1] Drugs (38) { ] Other complaint (not specified above) {42)
[ ] Professionat negligence (25) Judicial Review Miscellaneous Civil Petition
{] Other non-PUPDIWD tort (35) [ ] Asset forfeiture (05) [ }Partnership and corporate govemance (21)!
Emptoyment { } Petition re: arbitration award (11) { ] Other petition (not specified above) (43)

{. ] Wrongful termination (36)
Other employment (15)

Writ of mandate (02)
ficial review.
the California Tease 1s complex, ma!

a.[{ Large number of separately represented parties d.[ J Large number of witnesses
b. {| ] Extensive motion practice raising difficult ornovel 6. { ] Coordination and related actions pending In one or more courts
issues that will be time-consuming to resolve in other counties, states or countries, or ina federat court
c. [| ] Substantial amount of documentary evidence £3 Substantial post-disposition judicial disposition
3. Type of remedies sought (check all that apply):
a, [X] monetary b.{ |nonmonetary: declaratory or injunctive relief cl)
4, Number of causes of action (specify): 2
§.Thiscase [ ] is {X] is nota class action sult.
6, if there are any known related cases, file and serve a notice of related’case. (You
Date:August 24, 2007

Erica L. Brachfeld,

@ Piaintitt must file this cover sheet with the first bay filed in the action or:
‘the Probate, Famity, ‘or Welfare and Institutions 1@). (Cal. Rules of Court, rule 3.

‘sheet
. i this case is complex under rule 3. Bi seq, of tha Calfomia Rules of Court, you ny (serve a copy of this cover sheet on all other
Li shal be used for statistical purposes only Page tof 2

aims cases of cases filed under
file may result in sanctions.

action of
@ Gniess this is a collections

jopted for Gal, Rules of Court, rules 790.5.220,3.400-3.403.3.7 40;
Judicial Council of California Cal, Standards of Judicial ‘Administration, std 3.10
CM-010 [Rev. July 1. 2007] "www. courtinfo.ca.gov

PT
recrsernn emer pre FHS FEE TTT TAT £ PO AATTORNEY OR PARTY WITHOUT ATTORNEY a _ state bar number, and address): URT USE ONLY

_ [Erica L. Brachfeld, Fsq., S.B.N. 180683
Brachfeld & Associates, PC

888/856-2120 FAX NO, (Optional): 3197273-9267

Optional): Plaintiff

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 MCALLISIER STREET, 3
MAILING ADDRESS:
ITY AND ZIP CODE: SAN FRANCISCO, CA 94102

ME: CIVIL DIVISON

DEFENDANTLISA SPENCER,

= DOES 1 TO 100, INCLUSIVE

& COMPLAINT 0 AMENDED COMPLAINT (Number):
0 CROSS-COMPLAINT. [AMENDED CROSS-COMPLAINT (Numbet as n

urisdiction (check afl that apply): SUE a4
@ ACTIONIS A LIMITED CIVIL CASE
Amount demanded @ does not exceed $10,000

Di exceeds $10,000, but does not exceed $25,000
C ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
1 ACTION IS RECLASSIFIED by this amended complaint or eross-complaint
CB from limited to unlimited
C from untimited to limited

M007 ~ 7469939

4, PLAINTIFF* (names) Capitat One Bank
alleges causes of action against DEFENDANT” (names): LISA SPENCER,
2. This pleading, including attachments and exhibits, consists of the following number of pages: ‘
3. a. Each plaintiff named above is a competent adult
8 except plaintiff (name) Capital One Bank except plaintiff (name) Capital One Bank
(1) & a corporation qualified to do business in Califomia
{2) Gan unincorporated entity (describe)
(3} Gother (specify):
b. © Plaintiff (name):
a. D has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
b. © has complied with all ficensing requirements as 3 licensed (specify):
c. © information about additional ptaintiffs who are not competent adults is shown in Complaint—Attachment 3c.
4. a. Each defendant named above is a natural person:
C except defendant (name):
(1) 0 a business organization, form unknown.

Dencept defendant (name):
(1) 0 abusiness organization, form unknown.

(2) D acorporation (2) 0 a corporation

{3) O an unincorporated entity (describe): (3) Qan unincorporated entity (describe):

(4) O a public entity (describe): (4) © apubtic entity (describe):

(5) © other (specify): (5) © other (specify):

* If this form is used as a cross-complaint, pl means cross-complaint and defendant. Code of Civ. Proc.,
§425.12
Form Approved for Optionat Use COMPLAINT—Contract American LegalNet, Inc.

www.USCourtForms.co

Judicial Council of California

PLD-C-001 [Rev. January 1, 2007) mSHORT TITLECapital One Bank VS. LISA sx TER, ETAL.

é “ASE NUMBER:

COMPLAINT—Contract

4, (Continued)
b. The true names and capacities of defendants sued as Does are unknown to plaintiff.
c. O Information about additional defendants who are not natural persons is contained in Comptaint—Attachment 4c.
d. O Defendants who are joined pursuant to Code of Civil Procedure section 382 are (names):

5. 0 Plaintiff is required to comply with a claims statute, and
a. O plaintiff has complied with applicable claims statutes, OF
b. O plaintiff is excused from complying because (specify):

6. a. [ ]is{X]isnotona contract or installment sate for goods or services subject to Civ. Codes, § 1801 et seq. (Unruh

et).

b. [ Jis{Xlis notona conditionat sales contract subject to Civ. Code, § 2981 et sea. (Rees-Levering Motor Vehicle
Sales and Finance Act).

c. (X}is[ is not on an obligation for goods, services, loans of extensions of credit subject to Code Civ. Proc., §
395(b).

7. This court is the proper court because

~~ a.fa defendant entered into the contract here.
b. Ol adefendant lived here when the contract was entered into. __
¢.8 a defendant lives here now. 7

e. Oadefendantis a corporation or unincorporated association and its principal place of business is here.
£.0 real property that Is the subject of this action is located here.

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

= Common Counts

D Other (specify):

g, 0 Other allegations:

40. PLAINTIFF PRAYS for judgment for costs of suit; for such relief as is fair, just and equitable; and for
a. @ damages of $1 098.00
b. & interest on the damages
(1) & according to proof
(2) O atthe rate of ____ percent per year from (date):
¢. @ attorney's fees
(1) D of: $
(2) @ according to proof.
d. @other (specify): Such other relief as the court deems proper

441, & The foltowing paragraphs of this pleading are alleged on informats

Date: August 24, 2007
Crica L. Brachfeld, Fsq.
(TYPE OR PRINT NAME)

Form Approved for Optional Use
Judiciat Counclt of Catifornia
PLD-C-001 [Rev. January 1. 2007)

roe rae eee WNT wT

ET
UTE ETE er ee=NCER, ET AL. \SE NUMBER:

FIRST CAUSE OF ACTION—Common Counts Page THREE
(number)

ATTACHMENT TO BComplaint 2 Cross-Complaint

(Use a separate cause of action form for each cause of action.)

CC. Plaintiff (name): Capital One Bank

alleges that defendant (name): LISA SPENCER,
became indebted to B plaintiff 0 ‘other (name):

a. © within the last four years
(1) & onan open book account for money due.

(2) @ because an account Was: stated in veriting by and between piaintiff and defendant in which it was

agreed that defendant was indebted to plaintiff.
b.@ withinthelast 0 two years & four years
ayo for money had and recelved by defendant for the use and benefit of plaintiff.

(2) 0” for work, labor, services and materials rendered at the special instance and request of defendant and for which
defendant promised to pay plaintif™ - —

CO the sum of S Ne
ee

D the reasonable value.

(3) © for goods, wares: and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff

the sum of $
Li the reasonable value.

(4) 0 for money tent by plaintiff to defendant at defendant's request.
(7) © for money paid, laid out, and expended to or for defendant at defendant's special instance and request.

(8) & other (specify):

By the terms of the said agreement(s). Plaintiff or Plaintiff's assignor, provided defendants, and each of them, with services rendered
and/or goods, wares, and merchandise and/or extension of credit at defendant's special instance and request and in consideration
thereof defendants promised to provide payment in the sum of $4 {098.00 and interest thereon which defendants and each of them
failed to provide.

Form Approved for Optional Use CAUSE OF ACTION-Common Counts
Judicial Council of Califomia
PLD-C-001(2) [Rev- January 1, 2007]

ce-2, $ which Is the reasonabie value, is due and unpaid despite plaintiff's demand,
re

plus prejudgment interest 0 according to proof DD atthe rate of percent per y