Preview
MAT
San Francisco Superior Courts
Information Technology Group
Document Scanning Lead Sheet
May-08-2008 8:32 am
Case Number: CGC-08-475061
Filing Date: May-08-2008 8:28
Juke Box: 001 Image: 02115997
COMPLAINT
MIDLAND FUNDING LLC VS. PHUC SANON et al
001002115997
Instructions:
Please place this sheet on top of the document to be scanned.DOFS 1 TO 100, INCLUSIVE
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE)
Midland Funding LLC
plaintifT. 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 bes court form that you can use for your response. You cas find these court forms and more information
Self-Ielp center (wrw.courtinfo.cs.gov/selfbelp), your ‘county law library, or the courtbouse nearest you. Ifyou ¢
court clerk for a fee watver form. If you do not file your response of time, you may lose the case by defanit, and your wages, moucy and property
may be taken without farther warning from the court,
referral service. Ifyou cannot afford sn attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www lawhelpealifornia.org), the California Courts Online Self-Hetp Center
(rrerw.courtinfo.ca.goviselfelp), or by contacting your local or conuty bar association.+
y hacer que se entregue wna copia al demandante. Una carta 9 una Hamada felefonica
‘Formato legal correcto si desea que procesen su caso en Ia corte, Ex posible que haya un formulario que usted pueda usar pera sw respuesta. Puede
Dr ioe formadarios dla cortey mds informactén en el Centro de Ayuda de las cores de California twww.courtinfa.e sovtels
que le de un formulario de exencién de pego de cuotas, ‘St ne presenta su respuesta a tlempo, puede perder el caso por incumplimdento y la cortele podra
quitar su suetdo, dinero y blenes sin mas
de remision de ebogados. Si ne puede pagar « un abogado, e3 posible que ‘cumpla com los requisites para obtener servicios legates gratuites de wn
programa de servicios legales sin fines de lucra. Paede encontrar estos groupos In fines de tucro en ef sitio web de California Legal Services,
Pere tawhelpeatifornta org), en el Centro de Ayuda de tas Cortes de Californie, (www.courinfo.ce gov/selfeelplespenov) @ ponlénose en contacts con
Ia corte o el colegio de abogades tocales.
The name and address of the court is: (£1 nombre y direccién de la corte €3)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO-CIVIL DIVISON
LIMITED CIVIL.
C SUMMONS Cc
(CITACION JUDICIAL)
SUM-100
NOTICE TO DEFENDANT: FOR COURT USE ONLY
(AVISO AL DEMANDADO) (SOLO PARA USO DE LA CORTE)
PHUC SANON,
‘You have 30 CALENDAR DAYS affer this summons [s served on you to file a typewritten response at this court and b
1 California Courts Online
t pay the filing fee, ask the
‘There are otber legal requirements. You may want to call an attorney right away. Hfyou do not know an attorney, you may call eu attorney
Tlene 30 DIAS DE CALENDARIO después de que le entreguen este citaciony papeles
relp/espanol),
‘en Ia biblioteca de leyes de su condado 0 en la corte que fe quede mds cerca. ‘Sino puede pagar ta cuota de presentacion, pida al secretario dé ta corte
la.
Hay oteos requisites legates. Es recomendable que Name a un ebogedo inmediatamente. Sino conoce:
abogado, puede Damar aun servicio
400 MCALLISTER STREET, RM 103
SAN FRANCISCO, CA 94102
“The name, address, and telephone mune of somey, 0 plana without on atomey, is:
{Ed nombre, ba dbreccsom y et mamero de det abugado del demanntonre, @ del demarcate gue no tiene aboreado, 3}
Erica L, Brachfeld, Esq., S-B.N. 180683 888/856-2120
Brachfeld & Associates, PC
20300 S. Vermont Ave., Ste.120
Torrance, CA 90802-1338 Gordon Park-Li
MAY -8 2008 cenit” BRE,
For proof of sevice of tvs sumoncns, use Proof of Service of Summons form POS-010)).
{are praca de entrega de xia craic ust el formalrto Proof of Serace of Sermons, (POS-010)
Form Adopted for Mandatory Use SUMMONS Code of Civil
NOTICE TO THE PERSON SERVED: You are served
1.[ Jasan individual defendant.
2.[ as the person sued under the fictitious name of (specifi):
3.[ Jon behalf of (specify):
under: 1 ]€CP 416.10 (corporation) [ }CCP 416.60 (minor)
[CCP 416.20 (defisnct corporation) |__| CCP.416.70 (conservater)
[JCP 416.40 (association or partnership) |] CCP 416.90 (individual)
Jother:
4.[ [by personal detivery on (date):
Procedure &&
Judicial Council of California 412.20, 465
‘SUM-100 [Rec. January 1, 2004]
982.1020)ATTORNEY OR PARTY WITHOUT ATTORN® ” “Name, state bar number, and address):
Erica L. Brachfeld, Esq., S.B.N. 18068:
PrachSld & Associates, PC -
20300 S. Vermont Ave., Ste.120
Torrance, CA 90502-1338
TELEPHONE NO.: 888/856-2120 FAX NO.: 310/273-9867
ATTORNEY FOR (Name): PLAINTIFF
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
SR AoeEGn, Satneates Oe
BRANCH NAME: CIVIL DIVIISON * San Francisco County Superior Court
MAY - 8 2008
GORDON PARtWLI, Clerk
Midland Funding LLG uty rere
VS.
PHUC SANON,
CIVIL CASE COVER SHEET Complex Case Designation
{ ]Unlimted = [X ) Limited } Counter (_ ) Joinder
(mount 4 (Amount Filed with first appearance by defendant
fem: lemanded is
exceeds $25,000) $25,000 of less) (Cat. Rules of Court, rule 3.402)
Hems 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
[ ] Auto (22) [ ] Breach of contractiwarranty (08) (Cal. Rules of Court, rules 1800-1812)
[.] Uninsured motorist (46) [XJ Rule 3.740 collections (09) [ ] Antitrust/Trade regulation (03)
Other PYPDWD (Personal Injury/Property —[ JOther collections (09) [ ] Construction defect (10)
Damage/Wrongful Death) Tort [ ] Insurance coverage (18) { ] Claims invotving mass tort (40)
[ } Asbestos (04) { ] Other contract (37) [ ] Securities litigation (28)
[ ) Product liability (24) Real Property [ ] EnvironmentaToxic tort (30)
{ ] Medical malpractice (45) {.] Eminent domain/inverse { ] Insurance coverage claims arising from the
{ ] Other PUPDAWD (23) condemnation (14) above listed provisionally complex
Non-PUPDIWD (Other) Tort { ] Wrongful eviction (33) case types (41)
{ ] Business tort/unfair business practice (07) [ ] Other reat property(26) Enforcement of Judgment
[ ] Civil rights (08) Unlawful Detailed [ ] Enforcement of judgment (20)
[ ] Defamation (13) [ ] Commercial (31) Miscellaneous Civil Complaint
[ ] Fraud (16) [ ] Residential (32) { JRICO (27)
[ ] Intellectual property (19) [ ] Drugs (38) [_] Other complaint (not specified above) (42)
i ] Professional! negligence (25) Judicial Review Miscellaneous Civil Petition
] Other non-Pl/PDAWD tort (35) [ ] Asset forfeiture (05) [ ] Partnership and corporate govemance (21)
Employment [ ] Petition re: arbitration award (11) [ ] Other petition (not specified above) (43)
( ] Wrongful termination { (36) [ Jwret of mandate (02) 39
‘ules of Court. if case ts complex, mark the factors.
requiring exceptional judicial management:
a. [ ]Large 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 f. [ ] Substantial post-disposition judicial disposition
3. Type of remedies sought (check all that apply):
a.[X]monetary b.[{ ] nonmonetary; declaratory or injunctive relief c.[ ] punitive
4, Number of causes of action (specify): 2
5.Thiscase [ } is [X] is notaclass action suit.
Date: January 30, 2008
Erica L. Brachfeld, Esq.
(HVPE OR PRINT NAME)
© Plaintiff must fie this cover sheet with the first filed In the action or émaii daims
«Cat Rules of Cour, ne 3.220.) $8
¢ file Uva cover sheet m adaibon to any cover sheet required by local
oitths: ase is complex uncer nie 3 400 et seq. of the Catfomia Rules of Court, you mus serve a copy of this cover sheet on all other
« Grtess eless tus 9 0 colecbors cave Under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes ony Page 1 of 2
Form Adopted for Mandatory Use. CIVIL CASE COVER SHEET Cal, Rules of Court, nies 2,30,3.220,3.400-3.403,3.740,
Judicial Council of Califomia Cal. Standards of Judicial Administration, std 3.10
CM.010 [Rev. July 1, 2007] ‘www .courtinfo.ca.govTTORNEY OR PARTY WITHOUT A’ ~ ¢ (Name, state bar number, and address): C
IEricd L. Brachfeld, Esq., S.B.N. 180683 , og
IBrachfeld & Associates, PC
10300 S, Vermont Ave., Ste.120
Torrance, CA 90502-1338
FOR COURT USE ONLY
SUMMONS ISSUED
TELEPHONE NO: 888/856-2120 FAX NO. (Optional): 310/273-9867
Plaintiff
4
San Francisco Counity Suoerior Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
MAY =
TREET ADDRESS: 400 MCALLISTER STREET, RM 103 AY ~ 8 2008
ILING ADDRESS: GORDON PARK-ti, Clerk
ITY AND ZIPCODE: — SAN FRANCISCO, CA 94102 : 3
[BRANCH NAME: CIVIL DIVIISON ° ty Ciere—
PLAINTIFF: Midland Funding LLC
DEFENDANTPHUC SANON,
@ DOES 1 TO 100, INCLUSIVE
CONTRACT
®& COMPLAINT 0 AMENDED COMPLAINT (Number):
O CROSS-COMPLAINT 0 AMENDED CROSS-COMPLAINT (Number):
jurisdiction (check ail that apply):
@ ACTIONIS ALIMITED CML CASE
Amount demanded @ does not exceed $10,000
OC exceeds $10,000, but does not exceed $25,000
O ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
UO ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
O from timited to unlimited
O from unlimited to timited
CASE NUMBER:
BRB-38-475061
1. PLAINTIFF* (names) Midland Funding LLC
alleges causes of action against DEFENDANT* (names): PHUC SANON,
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. a. Each plaintiff named above is a competent adult
@ except plaintiff (name) Midland Funding LLC © except plaintiff (name) Midland Funding LLC
(1) @ a corporation qualified to do business in Califomia
(2) Ban unincorporated entity (describe)
(3) D other (specify):
b. O Plaintiff (name):
a. O has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
b. © has complied with alt licensing requirements as a licensed (specify):
c. © information about additional plaintifis who are not competent adults is shown in Complaint—Attachment 3c.
4, a, Each defendant named above is a natural person
D except defendant (name}: OD except defendant (name):
(1) DO a business organization, form unknown. (1) © a business organization, form unknown.
(2) D a corporation (2) O acorporation
(3) U an unincorporated entity (describe): {3) © anunincorporated entity (describe):
{4) 0 a public entity (describe): {4) O a public entity (describe):
(5) © other (specify): (5) 0 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 LegaiNet, Inc.
Judicial Council of California www.USCourtForms.co
PLD-C-001 [Rev. January 1, 2007] mSHORT TITLEMidland Funding LLC _VS,,PHUC SANON, ET AL.
oo
‘ 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 Complaint—Attachment 4c.
d. O Defendants who are joined pursuant to Code of Civil Procedure section 382 are (names):
5. Q Plaintiff is required to comply with a claims statute, and
a. O plaintiff has complied with applicable claims statutes, or
b. CO plaintiff is excused from complying because (specify):
6. a. [ }is[X]is not on acontract or installment sale for goods or services subject to Civ. Codes, § 1801 et seq. (Unruh
Act).
b. [ ]is[X ]is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle
Sales and Finance Act).
c. [X]is[ ]is 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. a defendant entered into the contract here.
b. C1 a defendant lived here when the contract was entered into.
c. & a defendant fives here now.
d.O the contract was to be performed here.
e. 0 a defendant is a corporation or unincorporated association and its principal place of business is here.
f.C1 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
3 Common Counts
O Other (specify):
9. © 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 $1,364.55
b. & interest on the damages
(1) B according to proof
(2) © atthe rate of _____ percent per year from (date):
¢. & attorney's fees
(1) O of: $
(2) ® according to proof.
d. @ other (specify): Such other relief as the court deems proper
11. & The following paragraphs of this pleading are alleged on information ang belief (specify paragraph numbers): 1,4, 7
Date: January 30, 2008
Erica L. Brachfeld, Esq.
(FYPE OR PRINT NAME)
Form Approved for Optional Use 6 Pag
Judicial Council of California 1
PLD-C-001 (Rev. January 1, 2007]SHORT TITLE: Midland Funding LL@.VS. PHUC SANON, ET AL.
78 FIRST. : CAUSE OF ACTION—Common Counts Page THREE
. (number)
ATTACHMENT TO & Complaint O Cross-Complaint
{Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): Midland Funding LLC
alleges that defendant (name): PHUC SANON,
becameindebtedto © plaintiff O other (name):
a.@ within the last four years
(1) @ on ancpen book account for money due.
(2) & because an account was stated in writing by and between plaintiff and defendant in which it was
agreed that defendant was indebted to plaintiff.
b.& within the fast O two years @ four years
(1) 9 for money had and received 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 plaintiff
D the sum of $
O the reasonable value.
(3) C1 for goods, wares and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff
D the sum of $
© the reasonable vatue.
(4) © for money tent by plaintiff to defendant at defendant's request.
(7) O 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/er goods, wares, and merchandise and/or extension of credit at defendant's speciat instance and request and in consideration
thereof defendants promised to provide payment in the sum of $1,364.55 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 0 according to proof D atthe rate of. percent per year from (date):
CC-3. & Plaintiff is entitled to atlomey fees by an agreement or a statute
O of $
@ according to proof.
CC-4. & Other:$1,364.55 which is fixed and agreed amount, is due and unpaid despite plaintiff's demand, plus pre-
judgment interest according to proof.
SSS
Form Approved for Optional Use CAUSE OF ACTION-Common Counts CCP 425.12
Judicial Council of Catifomia American LegaNet, Inc.
PLD-C-001(2) [Rev. January 1, 2007] www.USCourtForms.comSHORT TITLE: Midland Funding LI PHUC SANON, ET AL. { . CASE NUMBER:
te : pe y
\
SECOND CAUSE OF ACTION~Breach of Contract Page FOUR
(number)
ATTACHMENT TO @Complaint © Cross-Compiaint
(Use a separate cause of action form for each cause of action.)
BC-1, Plaintiff (name) Midland Funding LLC
alleges that on or about (date): Within the last four years
a written Coral Oother (specify):
agreement was made between (name parties to agreement):
Midland Funding LLC
AND PHUC SANON,
OCA copy of the agreement is attached as Exhibit A, or
@ The essential terms of the agreement are stated in Attachment BC-1 @ are as follows (specify):
Plaintiff, or Plaintiffs 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.
BC-2. On or about (dates): May 10, 2005 defendant breached the agreement by
Q the acts specified in Attachment BC-2 = the following acts (specify):
By the terms of the said agreement(s), Plaintiff, or Plaintiffs 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 $1,364.55 and interest thereon which defendants and
each of them failed to provide.
BC-3. Plaintiff has 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
0 as stated in Attachment BC-4_—& as follows (specify):
Defendants, and each of them, caused damages by failing to provide payment due in the sum of $1,364.55 pursuant to the terms of
said agreement(s). There is now due, owing and unpaid by reason thereof the principal sum of $1,364.55 plus interest according to
proof.
BC-5. @ Plaintiffis entitled to attomey fees by an agreement or a statute
O of$
@ according to proof.
BC-6. O Other:
oo hv SSS
Form Approved for Optional Use CAUSE OF ACTION-Breach of Contract CCP 425.12
Judicial Council of California American LegaiNet, Inc.
PLD-C-001(1) (Rev. January 1, 2007] www.USCourtForms.compect .aTIon OF JURISDICTIONAL Ke. _fS
t the undersigned, declare:
1. Tam the attorney 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.
5. Ifcalled as a witness, I would competently so testify.
I declare under penalty of perjury under the Jaws of the state of California that he
foregoing is true and correct.
DATE EXECUTED: January 30, 200
Preview
MAT San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet May-08-2008 8:32 am Case Number: CGC-08-475061 Filing Date: May-08-2008 8:28 Juke Box: 001 Image: 02115997 COMPLAINT MIDLAND FUNDING LLC VS. PHUC SANON et al 001002115997 Instructions: Please place this sheet on top of the document to be scanned.DOFS 1 TO 100, INCLUSIVE YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE) Midland Funding LLC plaintifT. 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 bes court form that you can use for your response. You cas find these court forms and more information Self-Ielp center (wrw.courtinfo.cs.gov/selfbelp), your ‘county law library, or the courtbouse nearest you. Ifyou ¢ court clerk for a fee watver form. If you do not file your response of time, you may lose the case by defanit, and your wages, moucy and property may be taken without farther warning from the court, referral service. Ifyou cannot afford sn attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www lawhelpealifornia.org), the California Courts Online Self-Hetp Center (rrerw.courtinfo.ca.goviselfelp), or by contacting your local or conuty bar association.+ y hacer que se entregue wna copia al demandante. Una carta 9 una Hamada felefonica ‘Formato legal correcto si desea que procesen su caso en Ia corte, Ex posible que haya un formulario que usted pueda usar pera sw respuesta. Puede Dr ioe formadarios dla cortey mds informactén en el Centro de Ayuda de las cores de California twww.courtinfa.e sovtels que le de un formulario de exencién de pego de cuotas, ‘St ne presenta su respuesta a tlempo, puede perder el caso por incumplimdento y la cortele podra quitar su suetdo, dinero y blenes sin mas de remision de ebogados. Si ne puede pagar « un abogado, e3 posible que ‘cumpla com los requisites para obtener servicios legates gratuites de wn programa de servicios legales sin fines de lucra. Paede encontrar estos groupos In fines de tucro en ef sitio web de California Legal Services, Pere tawhelpeatifornta org), en el Centro de Ayuda de tas Cortes de Californie, (www.courinfo.ce gov/selfeelplespenov) @ ponlénose en contacts con Ia corte o el colegio de abogades tocales. The name and address of the court is: (£1 nombre y direccién de la corte €3) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO-CIVIL DIVISON LIMITED CIVIL. C SUMMONS Cc (CITACION JUDICIAL) SUM-100 NOTICE TO DEFENDANT: FOR COURT USE ONLY (AVISO AL DEMANDADO) (SOLO PARA USO DE LA CORTE) PHUC SANON, ‘You have 30 CALENDAR DAYS affer this summons [s served on you to file a typewritten response at this court and b 1 California Courts Online t pay the filing fee, ask the ‘There are otber legal requirements. You may want to call an attorney right away. Hfyou do not know an attorney, you may call eu attorney Tlene 30 DIAS DE CALENDARIO después de que le entreguen este citaciony papeles relp/espanol), ‘en Ia biblioteca de leyes de su condado 0 en la corte que fe quede mds cerca. ‘Sino puede pagar ta cuota de presentacion, pida al secretario dé ta corte la. Hay oteos requisites legates. Es recomendable que Name a un ebogedo inmediatamente. Sino conoce: abogado, puede Damar aun servicio 400 MCALLISTER STREET, RM 103 SAN FRANCISCO, CA 94102 “The name, address, and telephone mune of somey, 0 plana without on atomey, is: {Ed nombre, ba dbreccsom y et mamero de det abugado del demanntonre, @ del demarcate gue no tiene aboreado, 3} Erica L, Brachfeld, Esq., S-B.N. 180683 888/856-2120 Brachfeld & Associates, PC 20300 S. Vermont Ave., Ste.120 Torrance, CA 90802-1338 Gordon Park-Li MAY -8 2008 cenit” BRE, For proof of sevice of tvs sumoncns, use Proof of Service of Summons form POS-010)). {are praca de entrega de xia craic ust el formalrto Proof of Serace of Sermons, (POS-010) Form Adopted for Mandatory Use SUMMONS Code of Civil NOTICE TO THE PERSON SERVED: You are served 1.[ Jasan individual defendant. 2.[ as the person sued under the fictitious name of (specifi): 3.[ Jon behalf of (specify): under: 1 ]€CP 416.10 (corporation) [ }CCP 416.60 (minor) [CCP 416.20 (defisnct corporation) |__| CCP.416.70 (conservater) [JCP 416.40 (association or partnership) |] CCP 416.90 (individual) Jother: 4.[ [by personal detivery on (date): Procedure && Judicial Council of California 412.20, 465 ‘SUM-100 [Rec. January 1, 2004] 982.1020)ATTORNEY OR PARTY WITHOUT ATTORN® ” “Name, state bar number, and address): Erica L. Brachfeld, Esq., S.B.N. 18068: PrachSld & Associates, PC - 20300 S. Vermont Ave., Ste.120 Torrance, CA 90502-1338 TELEPHONE NO.: 888/856-2120 FAX NO.: 310/273-9867 ATTORNEY FOR (Name): PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO SR AoeEGn, Satneates Oe BRANCH NAME: CIVIL DIVIISON * San Francisco County Superior Court MAY - 8 2008 GORDON PARtWLI, Clerk Midland Funding LLG uty rere VS. PHUC SANON, CIVIL CASE COVER SHEET Complex Case Designation { ]Unlimted = [X ) Limited } Counter (_ ) Joinder (mount 4 (Amount Filed with first appearance by defendant fem: lemanded is exceeds $25,000) $25,000 of less) (Cat. Rules of Court, rule 3.402) Hems 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation [ ] Auto (22) [ ] Breach of contractiwarranty (08) (Cal. Rules of Court, rules 1800-1812) [.] Uninsured motorist (46) [XJ Rule 3.740 collections (09) [ ] Antitrust/Trade regulation (03) Other PYPDWD (Personal Injury/Property —[ JOther collections (09) [ ] Construction defect (10) Damage/Wrongful Death) Tort [ ] Insurance coverage (18) { ] Claims invotving mass tort (40) [ } Asbestos (04) { ] Other contract (37) [ ] Securities litigation (28) [ ) Product liability (24) Real Property [ ] EnvironmentaToxic tort (30) { ] Medical malpractice (45) {.] Eminent domain/inverse { ] Insurance coverage claims arising from the { ] Other PUPDAWD (23) condemnation (14) above listed provisionally complex Non-PUPDIWD (Other) Tort { ] Wrongful eviction (33) case types (41) { ] Business tort/unfair business practice (07) [ ] Other reat property(26) Enforcement of Judgment [ ] Civil rights (08) Unlawful Detailed [ ] Enforcement of judgment (20) [ ] Defamation (13) [ ] Commercial (31) Miscellaneous Civil Complaint [ ] Fraud (16) [ ] Residential (32) { JRICO (27) [ ] Intellectual property (19) [ ] Drugs (38) [_] Other complaint (not specified above) (42) i ] Professional! negligence (25) Judicial Review Miscellaneous Civil Petition ] Other non-Pl/PDAWD tort (35) [ ] Asset forfeiture (05) [ ] Partnership and corporate govemance (21) Employment [ ] Petition re: arbitration award (11) [ ] Other petition (not specified above) (43) ( ] Wrongful termination { (36) [ Jwret of mandate (02) 39 ‘ules of Court. if case ts complex, mark the factors. requiring exceptional judicial management: a. [ ]Large 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 f. [ ] Substantial post-disposition judicial disposition 3. Type of remedies sought (check all that apply): a.[X]monetary b.[{ ] nonmonetary; declaratory or injunctive relief c.[ ] punitive 4, Number of causes of action (specify): 2 5.Thiscase [ } is [X] is notaclass action suit. Date: January 30, 2008 Erica L. Brachfeld, Esq. (HVPE OR PRINT NAME) © Plaintiff must fie this cover sheet with the first filed In the action or émaii daims «Cat Rules of Cour, ne 3.220.) $8 ¢ file Uva cover sheet m adaibon to any cover sheet required by local oitths: ase is complex uncer nie 3 400 et seq. of the Catfomia Rules of Court, you mus serve a copy of this cover sheet on all other « Grtess eless tus 9 0 colecbors cave Under rule 3.740 or a complex case, this cover sheet shall be used for statistical purposes ony Page 1 of 2 Form Adopted for Mandatory Use. CIVIL CASE COVER SHEET Cal, Rules of Court, nies 2,30,3.220,3.400-3.403,3.740, Judicial Council of Califomia Cal. Standards of Judicial Administration, std 3.10 CM.010 [Rev. July 1, 2007] ‘www .courtinfo.ca.govTTORNEY OR PARTY WITHOUT A’ ~ ¢ (Name, state bar number, and address): C IEricd L. Brachfeld, Esq., S.B.N. 180683 , og IBrachfeld & Associates, PC 10300 S, Vermont Ave., Ste.120 Torrance, CA 90502-1338 FOR COURT USE ONLY SUMMONS ISSUED TELEPHONE NO: 888/856-2120 FAX NO. (Optional): 310/273-9867 Plaintiff 4 San Francisco Counity Suoerior Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO MAY = TREET ADDRESS: 400 MCALLISTER STREET, RM 103 AY ~ 8 2008 ILING ADDRESS: GORDON PARK-ti, Clerk ITY AND ZIPCODE: — SAN FRANCISCO, CA 94102 : 3 [BRANCH NAME: CIVIL DIVIISON ° ty Ciere— PLAINTIFF: Midland Funding LLC DEFENDANTPHUC SANON, @ DOES 1 TO 100, INCLUSIVE CONTRACT ®& COMPLAINT 0 AMENDED COMPLAINT (Number): O CROSS-COMPLAINT 0 AMENDED CROSS-COMPLAINT (Number): jurisdiction (check ail that apply): @ ACTIONIS ALIMITED CML CASE Amount demanded @ does not exceed $10,000 OC exceeds $10,000, but does not exceed $25,000 O ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) UO ACTION IS RECLASSIFIED by this amended complaint or cross-complaint O from timited to unlimited O from unlimited to timited CASE NUMBER: BRB-38-475061 1. PLAINTIFF* (names) Midland Funding LLC alleges causes of action against DEFENDANT* (names): PHUC SANON, 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult @ except plaintiff (name) Midland Funding LLC © except plaintiff (name) Midland Funding LLC (1) @ a corporation qualified to do business in Califomia (2) Ban unincorporated entity (describe) (3) D other (specify): b. O Plaintiff (name): a. O has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): b. © has complied with alt licensing requirements as a licensed (specify): c. © information about additional plaintifis who are not competent adults is shown in Complaint—Attachment 3c. 4, a, Each defendant named above is a natural person D except defendant (name}: OD except defendant (name): (1) DO a business organization, form unknown. (1) © a business organization, form unknown. (2) D a corporation (2) O acorporation (3) U an unincorporated entity (describe): {3) © anunincorporated entity (describe): {4) 0 a public entity (describe): {4) O a public entity (describe): (5) © other (specify): (5) 0 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 LegaiNet, Inc. Judicial Council of California www.USCourtForms.co PLD-C-001 [Rev. January 1, 2007] mSHORT TITLEMidland Funding LLC _VS,,PHUC SANON, ET AL. oo ‘ 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 Complaint—Attachment 4c. d. O Defendants who are joined pursuant to Code of Civil Procedure section 382 are (names): 5. Q Plaintiff is required to comply with a claims statute, and a. O plaintiff has complied with applicable claims statutes, or b. CO plaintiff is excused from complying because (specify): 6. a. [ }is[X]is not on acontract or installment sale for goods or services subject to Civ. Codes, § 1801 et seq. (Unruh Act). b. [ ]is[X ]is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. [X]is[ ]is 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. a defendant entered into the contract here. b. C1 a defendant lived here when the contract was entered into. c. & a defendant fives here now. d.O the contract was to be performed here. e. 0 a defendant is a corporation or unincorporated association and its principal place of business is here. f.C1 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 3 Common Counts O Other (specify): 9. © 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 $1,364.55 b. & interest on the damages (1) B according to proof (2) © atthe rate of _____ percent per year from (date): ¢. & attorney's fees (1) O of: $ (2) ® according to proof. d. @ other (specify): Such other relief as the court deems proper 11. & The following paragraphs of this pleading are alleged on information ang belief (specify paragraph numbers): 1,4, 7 Date: January 30, 2008 Erica L. Brachfeld, Esq. (FYPE OR PRINT NAME) Form Approved for Optional Use 6 Pag Judicial Council of California 1 PLD-C-001 (Rev. January 1, 2007]SHORT TITLE: Midland Funding LL@.VS. PHUC SANON, ET AL. 78 FIRST. : CAUSE OF ACTION—Common Counts Page THREE . (number) ATTACHMENT TO & Complaint O Cross-Complaint {Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): Midland Funding LLC alleges that defendant (name): PHUC SANON, becameindebtedto © plaintiff O other (name): a.@ within the last four years (1) @ on ancpen book account for money due. (2) & because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b.& within the fast O two years @ four years (1) 9 for money had and received 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 plaintiff D the sum of $ O the reasonable value. (3) C1 for goods, wares and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff D the sum of $ © the reasonable vatue. (4) © for money tent by plaintiff to defendant at defendant's request. (7) O 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/er goods, wares, and merchandise and/or extension of credit at defendant's speciat instance and request and in consideration thereof defendants promised to provide payment in the sum of $1,364.55 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 0 according to proof D atthe rate of. percent per year from (date): CC-3. & Plaintiff is entitled to atlomey fees by an agreement or a statute O of $ @ according to proof. CC-4. & Other:$1,364.55 which is fixed and agreed amount, is due and unpaid despite plaintiff's demand, plus pre- judgment interest according to proof. SSS Form Approved for Optional Use CAUSE OF ACTION-Common Counts CCP 425.12 Judicial Council of Catifomia American LegaNet, Inc. PLD-C-001(2) [Rev. January 1, 2007] www.USCourtForms.comSHORT TITLE: Midland Funding LI PHUC SANON, ET AL. { . CASE NUMBER: te : pe y \ SECOND CAUSE OF ACTION~Breach of Contract Page FOUR (number) ATTACHMENT TO @Complaint © Cross-Compiaint (Use a separate cause of action form for each cause of action.) BC-1, Plaintiff (name) Midland Funding LLC alleges that on or about (date): Within the last four years a written Coral Oother (specify): agreement was made between (name parties to agreement): Midland Funding LLC AND PHUC SANON, OCA copy of the agreement is attached as Exhibit A, or @ The essential terms of the agreement are stated in Attachment BC-1 @ are as follows (specify): Plaintiff, or Plaintiffs 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. BC-2. On or about (dates): May 10, 2005 defendant breached the agreement by Q the acts specified in Attachment BC-2 = the following acts (specify): By the terms of the said agreement(s), Plaintiff, or Plaintiffs 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 $1,364.55 and interest thereon which defendants and each of them failed to provide. BC-3. Plaintiff has 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 0 as stated in Attachment BC-4_—& as follows (specify): Defendants, and each of them, caused damages by failing to provide payment due in the sum of $1,364.55 pursuant to the terms of said agreement(s). There is now due, owing and unpaid by reason thereof the principal sum of $1,364.55 plus interest according to proof. BC-5. @ Plaintiffis entitled to attomey fees by an agreement or a statute O of$ @ according to proof. BC-6. O Other: oo hv SSS Form Approved for Optional Use CAUSE OF ACTION-Breach of Contract CCP 425.12 Judicial Council of California American LegaiNet, Inc. PLD-C-001(1) (Rev. January 1, 2007] www.USCourtForms.compect .aTIon OF JURISDICTIONAL Ke. _fS t the undersigned, declare: 1. Tam the attorney 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. 5. Ifcalled as a witness, I would competently so testify. I declare under penalty of perjury under the Jaws of the state of California that he foregoing is true and correct. DATE EXECUTED: January 30, 200