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Jan-29-2008 11:41 am
Case Number: CGC-08-471505
Filing Date: Jan-29-2008 11:39
Juke Box: 001 Image: 02008824
COMPLAINT
WORLDWIDE ASSET PURCHASING, II, LLC VS. KAREN KERR et al
001002008824
Instructions:
Please place this sheet on top of the document to be scanned.€ SUMMONS
© TACION JUDICIAL)
NOTICE TO DEFENDANT: FOR COURT USE ONLY
(AVISO AL DEMANDADO) (SOLO PARA USO DE LA CORTE)
SUM-100
co70ss96
,
J through X, inclusive.
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE)
WORLDWIDE ASSET PURCHASING, II, LLC
You have 30 CALENDAR DAYS after this summons Is served on you to file a typewritten response at this court and have a copy served on
the plaintiff. A letter or 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-Help center (www.courtinfo.ca.goviselinelp), your county (aw library, or the courthouse nearest you. If you cannot pay the
filing fee, ask the court clerk for a fee waiver torm. If you do not file your response on time, you may lose the case by default, and your wages,
money and property may be taken without further warning trom the court.
There are other legal requirements. You may want to call an attomey right pray. If you do not know an attorney, you may call an attorney
referral service. tf you cannot afford an attorney, you may be eligibte for tree tegal services from a nonprofit legal services program. You can
locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcatitornia.org), the California Courts Online Self-Help
Center (www.courtinfo.ca.goviselfhetp), or by contacting your local or county bar association,
The name and address of the court Is:
(Ef nombre y direcclin de la corte es):
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO-CENTRAL BRANCH
“LIMITED CIVIL*
400 McAllister Street
San Francisco, CA 94102
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attomey, is:
(El nombre, ia direccién y e! nmero ce teléfono del abogado del damandante, 0 del demandante que no tiene abogado, es):
RORY W. CLARK, Esq. Bar #: B1GB2 ,
Lew Office of Rory W. Clark, APLC. (818)707-2733
5743 Corsa Avenve, Suite 215
Westiake Vittage, Callfomia 01362-6467 di
(For proof of service of this summons, use Proof of Service of Summons (form POS-070).
(Pork prueba de entrega de esta citalion use el formulario Proof of gon of Os o19) feos-o1 0).
NOTICE TO THE PERSON SERVED: You are served
1.(-] as an individual defendant.
2.(C] as the person sued under the fictitious name of (specify):
3.[_] on behalf of (specify):
under: [_] CCP 416.10 (corporation) {LICCP 416.60 (minor)
{CCP 416.20 (defunct corporation) (CICCP 416.70 (conservatee}
(CICCP 416.40 (association or partnership) [_] CCP 416.90 (individual)
other. (specify)
4.(1 by personal delivery on (date):
Page lof 1
Form Adopted for Mandatory Use SUMMONS Code of Civ Procedures §§ 412.20, 465
Judicial Council of Califomia
SUM-100 [Rev. January 1, 2004}my
ORIGINAL ¢€
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
RORY W. CLARK, Esq. Bar # 81682
Law Office Of Rory W. Clark, A.P.L.C. .
CMOt9
Westlake Village,” CA 91362-6467
TELEPHONENO.: (818)707-2733 FAXNO: (775) 243-0916 SBN Francisco Cou aly Supero gr COUT
ATTORNEY FOR (Name): PLAINTIFF |
NAMEOF COURT: SUPERIOR Court for SAN FRANCISCO County JAN 2 9 2008
sTreeracoress: 400 McAllister Street GOR UN rarer Clerk
‘ Deputy Clerk
manncaporess:; 400 McAllister Street
cry ano zip cove: San. Fra 35604 CA 94102
SRANCH NS TRA RWC
CASE NAME: WORLDWIDE ASSET PURCHASING, II, LLC
KAREN KERR ;, Et al.
CIVIL CASE COVER SHEET Comptex Case Designation
[ ]Untimited [X } Limited { } Counter [ ]Joinder
(Amount (Amount Filed with first appearance by defendant
demanded demanded is (Cal. Rules of Court, rule 3.402)
exceeds $25,00.00) $25,000 or less)
items 1-5 below must be completed (see instructions on page 2).
eck one box below for the case type that best describes tnis case:
\, Auto Tort Contract Provislonally Complex Civil Litigation
I } Auto (22} [ ] Breach of contractWwarranty (06) (Cal, Rules of Court, rutes 3.400-3.403)
[_] Uninsured motorist (46) (X] Rule 3.740 collections (09) [ ] AntitrusTrade regulation (03)
Other PUPDIWD (Personat Injury/Property { ] Other collections (09) [ 1 Construction defect (10)
| Damage/Wrongtul Death) Tort { ] Insurance coverage (18) [ ] Mass tort (40)
tos
[ ] Other contract (37) [ ] Securities litigation (28)
[ ] Product liabitity (24) Real Property { ] Environmentat/Toxic tort (30)
[ ] Medical matpractice (45) [ ] Eminent domatnfinverse [ ] Insurance coverage claims arising from the al
{ ] Other PUPDIWD (23) - condemnation (14) listed provisionally compfex case types (41)
Non-PYPO/WD (Other) Tort [] Wrongful eviction (33) Enforcement of Judgment
{ ] Business torvunfair business practice (07) { ] Other real property (26) [_] Enforcement of judgment (20)
[ ] Civil rights (08) Untawtul Detailed Misceltaneous Civil Complaint
[ ] Defamation (13) [ ] Commercial (31) [ ] RICO (27)
[ ] Fraud (16) [ ] Residential (32) {_] Other complaint (not specified above) (42)
tl intelectual property (19) 1 } Drugs (38) Miscelianeous Civil Petition
[ ] Professional negligence (25) Judicial Review [ ] Partnership and corporate governance (21)
{_] Other non-PI/PD/WD tort (35) [ ] Asset forfeiture (05) [ ] Other petition (not specified above) (43)
Employment [ ] Petition re: arbitration award (11)
[ } Wrongtut termination (38) [ ] Writ of mandate (02)
er judicial revi
2.Thiscase [ ] is {X] isnot complex under rule 3.400 of the Califomia Rules of Court. If case is complex, mark the factors
requiring exceptional judicial management:
a. [ ] Large number of separately represented parties 1.
b. [ ] Extensive motion practice raising difficutt or novel e.[ ] Coordination and retated actions pending in one or more courts
[
C
] Large number of winesses.
issues that will be time-consuming to resolve
c. [ } Substantial amount of documentary evidence t.
3. Type of remedies sought (check al! ia ar: a. [X ] monetary .
4. Number of causes of action (specify): 4
5.Thiscase [ Jis [{X] isnot 1 as oe on sui
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.}
Date: January 10, 2008
RORY W. CLARK >
in other counties, states or countnes, or in a federal court
] Substantial postudgment judicial supervision
] nonmonetary; eA
{SIGNATURE OF PARTV/OR ATTORNEY FOR PARTY)
NOTICE VV
© Plaintifl must file this cover sheet with the first paper filed In the action or proceeding (excent small claims cases of cases filed under
the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rutes of Court, rule 3.220.) Failure to fite may resutt In sanctions,
© Fila this cover sheet in addition to any cover sheet required by local court rute,
© If this case Is complex under ruie 3.400 et seq. of the Catifomia Rutes of Court, you must serve @ copy of this cover sheet on all other
partes to the action of proceeding.
‘© Uniess this Is a compfex case, this cover sheet shall be used for statistical puposes only.
Form Adopted for Mandatory Use Civil, CASE COVER SHEET Cal, Rules of Court. rules2.30, 3.220, 3.400-3.403:
Judiclal Counelt of Califomia Cal Standards of Judicial Administration std.310
CM-010 [Rev. Juty 1, 2007) wirw.coutinfo.ca gov.| e ORIGINAL ¢
1|| LAW OFFICE OF RORY W.CLARK__' €0705596
_, | APROFESSIONAL LAW CORPORATION SUMMONS ISSUED
21 5743 CORS ENTE, SUITE 215 Ft sar Count
WESTLAK LAGE, CA 91362-6467 san Francisco County Super"
3 || (818) 707-2733 (775) 243-0916 fax BAR# 81682 JAN 29 2008
411 attorney for Plaintiff CASEAUNICTINTCORENCESET, oan on panies, Clerk
5 MAY 3.0 2008 “nen te
DaPARIMENT 212
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO, CENTRAL BRANCH "LIMITED CIVIL"
11 | WORLDWIDE ASSET PURCHASING, II, LLC) CASENO. gg -§8-47150 5
12 Plaintiff, ) COMPLAINT FOR MONEY:
CREDIT CARD AGREEMENT;
OPEN BOOK ACCOUNT;
ACCOUNT STATED; AND
REASONABLE VALUE.
DECLARATION OF VENUE
)
13 vs. }
14|| KAREN KERR; }
15 || and DOES I through X, inclusive, }
)
$s
)
)
DEMAND AMOUNT:
$2,183.54
16 Defendants.
19 Plaintiff alleges:
20 FIRST CAUSE OF ACTION
(Breach of Credit Card Agreement-4888607010647478-as to Karen Kerr)
lL. Plaintiff, WORLDWIDE ASSET PURCHASING, II, LLCis now and was at all times
mentioned a Nevada Limited Liability company is engaged in the purchase ofa debt in a nationwide
secondary capital market, and sues in California to collect same.
2. The truenames and capacities, whether individual, corporate, associate, or othcrwisc,
of Defendant(s) named in this action as DOES I through X, inclusive, are unknown to Plaintiff who
therefore sues Defendant(s) by such fictitiousname(s). Plaintiff will amend this Complaint to show
their true names and capacities when they have been ascertained.
-l-
COMPLAINT FOR MONEY_
to
ee Se SS
ya ann &® &
Oo
10
il
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
& 7 €
3. Prior to this action, and for valuable consideration, CAPITAL ONE BANK, NA sold
and assigned ta WORLDWIDE ASSET PURCHASING, II, LLC all of its right, title and interest
in the within claim and Plaintiff ever since has been and now is the legal owner and holder of that
claim. Plaintiff's assignor is now and was at all times mentioned a national banking association
organized and existing under and by virtue of the laws of the United States of America, and is
authorized to do so and is engaged in doing business in the State of California.
4. Said actionis not ona contract for installment payments for goods or services subject
to Civil Code Sections 1801, ete. (Unruh Act), nor is it on a conditional sales contract subject to
Civil Code Sections 2981, etc. (Rees-Levering Motor Vehicle Sale and Finance Act).
5. This action is subject to Code of Civil Procedure Section 395(b). Defendant(s) is
(are), and at all relevant times has/have been, resident(s) of, and the agreement was executed in, the
CENTRAL BRANCH Judicial District, County of SAN FRANCISCO, State of California.
6. Plaintiff alleges that within four (4) years prior to the commencement of this action,
Defendants became indebted to Plaintiff's assignor in the sum of $2,183.54, and the obligation was
and is now due and payable in the County of SAN FRANCISCO, and this is the proper court and
venue for prosecution of this action.
7. Plaintiff alleges that, prior to commencement of this action, Plaintiff's assignor
delivered to Defendant(s), following Defendant’s(s’) written request, a credit card(s) accompanied
by a Customer Agreement. By accepting, signing and using said credit card(s), Defendant(s) agreed
to the various terms and conditions of use of said credit card(s) detailed therein. Among the several
terms and conditions, Defendant(s) agreed that charges made with the credit privileges extended to
them were due and payable immediately upon rendition of a monthly statement, and that if suit
became necessary to enforce payment of such charges, Defendant(s) would be liable for court costs
and reasonable attomey’s fees. Said agreement also provides for interest on delinquent accounts
calculated at 23.9% per annum of the delinquent amount.
-2-
COMPLAINT FOR MONEY& ’ .
€ c
8. Plaintiff alleges that Defendant(s) accepted and used the credit privileges and agreed
to pay all charges purenant to the Customer Aoreement, that credit purchases were made hy use of
assignor rendered Defendants a monthly statement for that sum.
9. Plaintiff alleges that Plaintiff's assignor has duly performed everything on its part to
be performed under the terms of the agreement.
10. Defendant(s) has breached the Credit Card Agreement hy failing to timely pay the
outstanding balance due. Demand has been made on Defendant(s) for payment of the sum of
$2,183.54. Defendant(s) has(have) paid $0.00 of that sum, representing a payment/credit on said
account, leaving a total outstanding balance due of $2,183.54, together with interest at the rate of
23.9% per annum from December 6, 2005.
11. Plaintiffis further entitled to costs of suit, as determined by the court, and reasonable
attorney’s fees, all pursuant to the terms of the agreement referred to above.
SECOND CAUSE OF ACTION
(Open Book Account-4888607010647478-as to Karen Kerr)
12. Plaintiff realleges and incorporates in this cause of action the allegations of
Paragraphs 1 through 6, inclusive, of the First Cause of Action.
13. Plaintiff alleges that Defendant(s) became and is(are) now indebted to Plaintiff in the
sum of $2,183.54, the balance due from Defendant(s) to Plaintiff's assignor on an Open Book
Account for goods, wares, and merchandise sold and delivered and services rendered to Defendants
at the request of Defendants. Defendant(s) has(have) paid $0.00 of that sum representing a
payment/credit, leaving a total outstanding principal balance due of $2,183.54, along with interest
calculated at ten percent (10%) per annum from December 6, 2005.
THIRD CAUSE OF ACTION
(Account Stated 4888607010647478-as to Karen Kerr)
14. Plaintiff realleges and incorporates in this cause of action the allegations of
Paragraphs 1 through 6, inclusive of the First Cause of Action.
3.
COMPLAINT FOR MONEYL& + .
& €
15. Onor about December 6, 2005, an account was stated by and between Plaintiff's
assionor and Defendant(s), at which time it wags found to be and there is now due from Defendant(s)
to Plaintiff, the sum of $2,183.54. The said account was stated in writing and it was agreed by
Plaintiff's assignor and Defendant(s) that Defendant(s) was(were) indebted to Plaintiff's assignor
and that, although demand has heen made, no part of that sum has been paid except for the sum of
61 $0.60 representing a payment/credit said account, leaving a tetal outstanding principal balance due
>
7
8
9
10
11
12
13
14
15
16
17
18
19
20
of $2,183.54, along with interest calculated at ten percent (10%) per annum from December 6, 2005.
(Reasonable Value of Goods Sel wa Detivered sessco7ol 0647478-as to Karen Kerr)
16. Plaintiff realleges and incorporates in this cause of action the allegations of
Paragraphs 1 through 6, inclusive of the First Cause of Action.
17. Plaintiffalleges that on or about December 6, 2005, Defendant(s) became and is(are)
now indebted to Plaintiff in the sum of $2,183.54 for goods, wares and merchandise sold and
delivered and services rendered to Defendant(s) at the request of Defendant(s); that the agreed price
and reasonable value of those goods is $2,183.54, and that although demand has been made, no part
ofthat sum has been paid except for the sum of $0.00, representing a payment/credit on said account,
leaving a total outstanding principal balance due of $2,183.54, along with interest calculated at ten
percent (10%) per annum from December 6, 2005.
WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows:
AS TO TIIE FIRST CAUSE OF ACTION:
1 Principal in the sum of $2,183.54, together with interest thereon at the rate of 23.9%
per annum from December 6, 2005;
2. Reasonable attomey’s fees;
AS TO THE SECOND, THIRD, AND FOURTH CAUSES OF ACTION:
3. Principal in the sum of $2,183.54 together with interest therein at the rate of 10% per
annum from December 6, 2005;
COMPLAINT FOR MONEY1 | AS TO ALL CAUSES OF ACTION: °
2 | A, , Costs of suit incurred in this action; and
3 5. Such other and further relief as the Court may deem proper.
4
5 || Dated: January 10, 2008
6 Rv:
~ RORY yy. CLARK, Esq.
7 Attbre? for Plaintiff
5.
COMPLAINT FOR MONEY
Preview
TN AC ims ee Uimad Biwd Ua San Francisco Superior Courts information Technology Group Document Scanning Lead Sheet Jan-29-2008 11:41 am Case Number: CGC-08-471505 Filing Date: Jan-29-2008 11:39 Juke Box: 001 Image: 02008824 COMPLAINT WORLDWIDE ASSET PURCHASING, II, LLC VS. KAREN KERR et al 001002008824 Instructions: Please place this sheet on top of the document to be scanned.€ SUMMONS © TACION JUDICIAL) NOTICE TO DEFENDANT: FOR COURT USE ONLY (AVISO AL DEMANDADO) (SOLO PARA USO DE LA CORTE) SUM-100 co70ss96 , J through X, inclusive. YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE) WORLDWIDE ASSET PURCHASING, II, LLC You have 30 CALENDAR DAYS after this summons Is served on you to file a typewritten response at this court and have a copy served on the plaintiff. A letter or 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-Help center (www.courtinfo.ca.goviselinelp), your county (aw library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver torm. If you do not file your response on time, you may lose the case by default, and your wages, money and property may be taken without further warning trom the court. There are other legal requirements. You may want to call an attomey right pray. If you do not know an attorney, you may call an attorney referral service. tf you cannot afford an attorney, you may be eligibte for tree tegal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcatitornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.goviselfhetp), or by contacting your local or county bar association, The name and address of the court Is: (Ef nombre y direcclin de la corte es): SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO-CENTRAL BRANCH “LIMITED CIVIL* 400 McAllister Street San Francisco, CA 94102 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attomey, is: (El nombre, ia direccién y e! nmero ce teléfono del abogado del damandante, 0 del demandante que no tiene abogado, es): RORY W. CLARK, Esq. Bar #: B1GB2 , Lew Office of Rory W. Clark, APLC. (818)707-2733 5743 Corsa Avenve, Suite 215 Westiake Vittage, Callfomia 01362-6467 di (For proof of service of this summons, use Proof of Service of Summons (form POS-070). (Pork prueba de entrega de esta citalion use el formulario Proof of gon of Os o19) feos-o1 0). NOTICE TO THE PERSON SERVED: You are served 1.(-] as an individual defendant. 2.(C] as the person sued under the fictitious name of (specify): 3.[_] on behalf of (specify): under: [_] CCP 416.10 (corporation) {LICCP 416.60 (minor) {CCP 416.20 (defunct corporation) (CICCP 416.70 (conservatee} (CICCP 416.40 (association or partnership) [_] CCP 416.90 (individual) other. (specify) 4.(1 by personal delivery on (date): Page lof 1 Form Adopted for Mandatory Use SUMMONS Code of Civ Procedures §§ 412.20, 465 Judicial Council of Califomia SUM-100 [Rev. January 1, 2004}my ORIGINAL ¢€ ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): RORY W. CLARK, Esq. Bar # 81682 Law Office Of Rory W. Clark, A.P.L.C. . CMOt9 Westlake Village,” CA 91362-6467 TELEPHONENO.: (818)707-2733 FAXNO: (775) 243-0916 SBN Francisco Cou aly Supero gr COUT ATTORNEY FOR (Name): PLAINTIFF | NAMEOF COURT: SUPERIOR Court for SAN FRANCISCO County JAN 2 9 2008 sTreeracoress: 400 McAllister Street GOR UN rarer Clerk ‘ Deputy Clerk manncaporess:; 400 McAllister Street cry ano zip cove: San. Fra 35604 CA 94102 SRANCH NS TRA RWC CASE NAME: WORLDWIDE ASSET PURCHASING, II, LLC KAREN KERR ;, Et al. CIVIL CASE COVER SHEET Comptex Case Designation [ ]Untimited [X } Limited { } Counter [ ]Joinder (Amount (Amount Filed with first appearance by defendant demanded demanded is (Cal. Rules of Court, rule 3.402) exceeds $25,00.00) $25,000 or less) items 1-5 below must be completed (see instructions on page 2). eck one box below for the case type that best describes tnis case: \, Auto Tort Contract Provislonally Complex Civil Litigation I } Auto (22} [ ] Breach of contractWwarranty (06) (Cal, Rules of Court, rutes 3.400-3.403) [_] Uninsured motorist (46) (X] Rule 3.740 collections (09) [ ] AntitrusTrade regulation (03) Other PUPDIWD (Personat Injury/Property { ] Other collections (09) [ 1 Construction defect (10) | Damage/Wrongtul Death) Tort { ] Insurance coverage (18) [ ] Mass tort (40) tos [ ] Other contract (37) [ ] Securities litigation (28) [ ] Product liabitity (24) Real Property { ] Environmentat/Toxic tort (30) [ ] Medical matpractice (45) [ ] Eminent domatnfinverse [ ] Insurance coverage claims arising from the al { ] Other PUPDIWD (23) - condemnation (14) listed provisionally compfex case types (41) Non-PYPO/WD (Other) Tort [] Wrongful eviction (33) Enforcement of Judgment { ] Business torvunfair business practice (07) { ] Other real property (26) [_] Enforcement of judgment (20) [ ] Civil rights (08) Untawtul Detailed Misceltaneous Civil Complaint [ ] Defamation (13) [ ] Commercial (31) [ ] RICO (27) [ ] Fraud (16) [ ] Residential (32) {_] Other complaint (not specified above) (42) tl intelectual property (19) 1 } Drugs (38) Miscelianeous Civil Petition [ ] Professional negligence (25) Judicial Review [ ] Partnership and corporate governance (21) {_] Other non-PI/PD/WD tort (35) [ ] Asset forfeiture (05) [ ] Other petition (not specified above) (43) Employment [ ] Petition re: arbitration award (11) [ } Wrongtut termination (38) [ ] Writ of mandate (02) er judicial revi 2.Thiscase [ ] is {X] isnot complex under rule 3.400 of the Califomia Rules of Court. If case is complex, mark the factors requiring exceptional judicial management: a. [ ] Large number of separately represented parties 1. b. [ ] Extensive motion practice raising difficutt or novel e.[ ] Coordination and retated actions pending in one or more courts [ C ] Large number of winesses. issues that will be time-consuming to resolve c. [ } Substantial amount of documentary evidence t. 3. Type of remedies sought (check al! ia ar: a. [X ] monetary . 4. Number of causes of action (specify): 4 5.Thiscase [ Jis [{X] isnot 1 as oe on sui 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.} Date: January 10, 2008 RORY W. CLARK > in other counties, states or countnes, or in a federal court ] Substantial postudgment judicial supervision ] nonmonetary; eA {SIGNATURE OF PARTV/OR ATTORNEY FOR PARTY) NOTICE VV © Plaintifl must file this cover sheet with the first paper filed In the action or proceeding (excent small claims cases of cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rutes of Court, rule 3.220.) Failure to fite may resutt In sanctions, © Fila this cover sheet in addition to any cover sheet required by local court rute, © If this case Is complex under ruie 3.400 et seq. of the Catifomia Rutes of Court, you must serve @ copy of this cover sheet on all other partes to the action of proceeding. ‘© Uniess this Is a compfex case, this cover sheet shall be used for statistical puposes only. Form Adopted for Mandatory Use Civil, CASE COVER SHEET Cal, Rules of Court. rules2.30, 3.220, 3.400-3.403: Judiclal Counelt of Califomia Cal Standards of Judicial Administration std.310 CM-010 [Rev. Juty 1, 2007) wirw.coutinfo.ca gov.| e ORIGINAL ¢ 1|| LAW OFFICE OF RORY W.CLARK__' €0705596 _, | APROFESSIONAL LAW CORPORATION SUMMONS ISSUED 21 5743 CORS ENTE, SUITE 215 Ft sar Count WESTLAK LAGE, CA 91362-6467 san Francisco County Super" 3 || (818) 707-2733 (775) 243-0916 fax BAR# 81682 JAN 29 2008 411 attorney for Plaintiff CASEAUNICTINTCORENCESET, oan on panies, Clerk 5 MAY 3.0 2008 “nen te DaPARIMENT 212 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO, CENTRAL BRANCH "LIMITED CIVIL" 11 | WORLDWIDE ASSET PURCHASING, II, LLC) CASENO. gg -§8-47150 5 12 Plaintiff, ) COMPLAINT FOR MONEY: CREDIT CARD AGREEMENT; OPEN BOOK ACCOUNT; ACCOUNT STATED; AND REASONABLE VALUE. DECLARATION OF VENUE ) 13 vs. } 14|| KAREN KERR; } 15 || and DOES I through X, inclusive, } ) $s ) ) DEMAND AMOUNT: $2,183.54 16 Defendants. 19 Plaintiff alleges: 20 FIRST CAUSE OF ACTION (Breach of Credit Card Agreement-4888607010647478-as to Karen Kerr) lL. Plaintiff, WORLDWIDE ASSET PURCHASING, II, LLCis now and was at all times mentioned a Nevada Limited Liability company is engaged in the purchase ofa debt in a nationwide secondary capital market, and sues in California to collect same. 2. The truenames and capacities, whether individual, corporate, associate, or othcrwisc, of Defendant(s) named in this action as DOES I through X, inclusive, are unknown to Plaintiff who therefore sues Defendant(s) by such fictitiousname(s). Plaintiff will amend this Complaint to show their true names and capacities when they have been ascertained. -l- COMPLAINT FOR MONEY_ to ee Se SS ya ann &® & Oo 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 & 7 € 3. Prior to this action, and for valuable consideration, CAPITAL ONE BANK, NA sold and assigned ta WORLDWIDE ASSET PURCHASING, II, LLC all of its right, title and interest in the within claim and Plaintiff ever since has been and now is the legal owner and holder of that claim. Plaintiff's assignor is now and was at all times mentioned a national banking association organized and existing under and by virtue of the laws of the United States of America, and is authorized to do so and is engaged in doing business in the State of California. 4. Said actionis not ona contract for installment payments for goods or services subject to Civil Code Sections 1801, ete. (Unruh Act), nor is it on a conditional sales contract subject to Civil Code Sections 2981, etc. (Rees-Levering Motor Vehicle Sale and Finance Act). 5. This action is subject to Code of Civil Procedure Section 395(b). Defendant(s) is (are), and at all relevant times has/have been, resident(s) of, and the agreement was executed in, the CENTRAL BRANCH Judicial District, County of SAN FRANCISCO, State of California. 6. Plaintiff alleges that within four (4) years prior to the commencement of this action, Defendants became indebted to Plaintiff's assignor in the sum of $2,183.54, and the obligation was and is now due and payable in the County of SAN FRANCISCO, and this is the proper court and venue for prosecution of this action. 7. Plaintiff alleges that, prior to commencement of this action, Plaintiff's assignor delivered to Defendant(s), following Defendant’s(s’) written request, a credit card(s) accompanied by a Customer Agreement. By accepting, signing and using said credit card(s), Defendant(s) agreed to the various terms and conditions of use of said credit card(s) detailed therein. Among the several terms and conditions, Defendant(s) agreed that charges made with the credit privileges extended to them were due and payable immediately upon rendition of a monthly statement, and that if suit became necessary to enforce payment of such charges, Defendant(s) would be liable for court costs and reasonable attomey’s fees. Said agreement also provides for interest on delinquent accounts calculated at 23.9% per annum of the delinquent amount. -2- COMPLAINT FOR MONEY& ’ . € c 8. Plaintiff alleges that Defendant(s) accepted and used the credit privileges and agreed to pay all charges purenant to the Customer Aoreement, that credit purchases were made hy use of assignor rendered Defendants a monthly statement for that sum. 9. Plaintiff alleges that Plaintiff's assignor has duly performed everything on its part to be performed under the terms of the agreement. 10. Defendant(s) has breached the Credit Card Agreement hy failing to timely pay the outstanding balance due. Demand has been made on Defendant(s) for payment of the sum of $2,183.54. Defendant(s) has(have) paid $0.00 of that sum, representing a payment/credit on said account, leaving a total outstanding balance due of $2,183.54, together with interest at the rate of 23.9% per annum from December 6, 2005. 11. Plaintiffis further entitled to costs of suit, as determined by the court, and reasonable attorney’s fees, all pursuant to the terms of the agreement referred to above. SECOND CAUSE OF ACTION (Open Book Account-4888607010647478-as to Karen Kerr) 12. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs 1 through 6, inclusive, of the First Cause of Action. 13. Plaintiff alleges that Defendant(s) became and is(are) now indebted to Plaintiff in the sum of $2,183.54, the balance due from Defendant(s) to Plaintiff's assignor on an Open Book Account for goods, wares, and merchandise sold and delivered and services rendered to Defendants at the request of Defendants. Defendant(s) has(have) paid $0.00 of that sum representing a payment/credit, leaving a total outstanding principal balance due of $2,183.54, along with interest calculated at ten percent (10%) per annum from December 6, 2005. THIRD CAUSE OF ACTION (Account Stated 4888607010647478-as to Karen Kerr) 14. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs 1 through 6, inclusive of the First Cause of Action. 3. COMPLAINT FOR MONEYL& + . & € 15. Onor about December 6, 2005, an account was stated by and between Plaintiff's assionor and Defendant(s), at which time it wags found to be and there is now due from Defendant(s) to Plaintiff, the sum of $2,183.54. The said account was stated in writing and it was agreed by Plaintiff's assignor and Defendant(s) that Defendant(s) was(were) indebted to Plaintiff's assignor and that, although demand has heen made, no part of that sum has been paid except for the sum of 61 $0.60 representing a payment/credit said account, leaving a tetal outstanding principal balance due > 7 8 9 10 11 12 13 14 15 16 17 18 19 20 of $2,183.54, along with interest calculated at ten percent (10%) per annum from December 6, 2005. (Reasonable Value of Goods Sel wa Detivered sessco7ol 0647478-as to Karen Kerr) 16. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs 1 through 6, inclusive of the First Cause of Action. 17. Plaintiffalleges that on or about December 6, 2005, Defendant(s) became and is(are) now indebted to Plaintiff in the sum of $2,183.54 for goods, wares and merchandise sold and delivered and services rendered to Defendant(s) at the request of Defendant(s); that the agreed price and reasonable value of those goods is $2,183.54, and that although demand has been made, no part ofthat sum has been paid except for the sum of $0.00, representing a payment/credit on said account, leaving a total outstanding principal balance due of $2,183.54, along with interest calculated at ten percent (10%) per annum from December 6, 2005. WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows: AS TO TIIE FIRST CAUSE OF ACTION: 1 Principal in the sum of $2,183.54, together with interest thereon at the rate of 23.9% per annum from December 6, 2005; 2. Reasonable attomey’s fees; AS TO THE SECOND, THIRD, AND FOURTH CAUSES OF ACTION: 3. Principal in the sum of $2,183.54 together with interest therein at the rate of 10% per annum from December 6, 2005; COMPLAINT FOR MONEY1 | AS TO ALL CAUSES OF ACTION: ° 2 | A, , Costs of suit incurred in this action; and 3 5. Such other and further relief as the Court may deem proper. 4 5 || Dated: January 10, 2008 6 Rv: ~ RORY yy. CLARK, Esq. 7 Attbre? for Plaintiff 5. COMPLAINT FOR MONEY