On December 15, 2023 a
Complaint - Assignment
was filed
involving a dispute between
Td Bank Usa, N.A.,
and
Alyssa Hart,
Does 1-10,
for (Collections Case)
in the District Court of Sacramento County.
Preview
Filed
superior Court of Callfornia,
Sacramento
32/95/2023
Christine Siduguen, State Bar #240380 idle rok
Vanessa Thomas, State Bar #323167 R
RAUSCH STURM LLP OF ecnrscel
st
NY
250 N. Sunnyslope Road, Suite 300 2 SVG 4 44326
monn
Brookfield WI 53005
WO
Telephone: (877) 215-2552
Facsimile: (877) 396-4464
F&F
E-mail Address: LawfirmCA @rauschsturm.com
Attorneys for Plaintiff
vn
California License No. 10685-99
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO, GORDON D. SCHABER COURTHOUSE
TD Bank USA, N.A., ) Case No.:
uo
)
Plaintiff, ) COMPLAINT FOR:
CO
) 1. ACCOUNT STATED
vs.
Se
) FILED BY FAX
KF
)
Se
HB
ALYSSA HART; ) PRAYER AMOUNT: $2,944.55
and DOES 1 through 10, inclusive, )
Se
W
) LIMITED CIVIL CASE
Defendants. )
BR
S|
)
FF
DREN
Plaintiff TD Bank USA, N.A. (“Plaintiff”) alleges the following facts as to all causes of action as follows:
Fe
1. Plaintiff is qualified to do business in California.
NK
FF
2. This Court is proper for this action because Plaintiff is informed and believes that Defendant ALYSSA
FF
OO
HART is a resident within the jurisdictional boundaries of this Court.
fF
3. Plaintiff is informed and believes that Defendant ALYSSA HART and Defendants sued by the fictitious
FG
NO
§&§
names DOES 1 through 10 (“Defendants”) are responsible for the alleged debt; however, Plaintiff is unaware of the
VN
true names and capacities of DOES 1 through 10 and will seek leave of this Court to amend this Complaint when the
NY
NY
Ww
true names and capacities have been ascertained.
NV
FF
YN
4. Plaintiff believes that at all times mentioned herein, Defendants, and each of them, were the agent, servant,
HN
NY
employee, or employer, and acted in the capacity and as agent, of each and of the other Defendants. Plaintiff also
DNDN
NY
believes that each of the Defendants is jointly and severally liable in the actions were taken for the benefit of the
NY
oN
yo
COMPLAINT s02iGn2
Defendants’ separate and/or community property. Plaintiff also believes that each of the Defendants is jointly and
KF
severally liable in that the actions were taken for the benefit of the Defendants' separate and/or community property.
NY
WO
5. Plaintiff is seeking to recover the amount of $2,944.55. This is the past-due balance on a credit card account,
FPF
which was opened and used by Defendants for value received from Plaintiff with the original account number ending
vA
in ****#*#4*44****6G8RO (the “Account”). The amount due is the result of transactions that occurred on the Account.
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6. Plaintiff is the sole owner of the debt at issue.
moan
7. Plaintiff alleges that the date of the last payment was February 3, 2022.
8. Before commencement of this action, Plaintiff informed Defendants in writing that it intended to file this
oe
action and that this action could result in a judgment against Defendants that would include court costs allowed by
CO
California Code of Civil Procedure, section 1033, subsection (b)(2).
S|
KF
FIRST CAUSE OF ACTION - (Account Stated)
=|
BH
9. Plaintiff realleges and incorporates by reference all of the foregoing paragraphs.
|
W
10.
BP
Defendants opened, used, and derived benefit from the Account through Defendants' own use of the
FF
HW
Account or by another's use at Defendants' direction. By using the Account, Defendants expressly agreed or
FF
DH
FF
impliedly promised to repay Plaintiff.
FF
DONQ
11. Within the past four years, Defendants became indebted on the Account to Plaintiff in the sum of
fF
$2,944.55 on an account stated in writing by and between Plaintiff and Defendants in which it was agreed that
OO
fF
Defendants were indebted to Plaintiff.
CFO
NO
12. Regular monthly statements were mailed to Defendants listing the debits, credits, and balance due.
F&F
NV
Plaintiff has no record of Defendants timely objecting to the statements after receipt.
NY
NY
13. Plaintiff has made demand upon Defendants for repayment of the account stated; however, Defendants
WwW
NV
have failed to satisfy the balance due.
FF
NY
14. _ As of the date of this Complaint, there is due and owing the unpaid sum of $2,944.55.
UN
NY
NWN
NY
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
NY
1. For the unpaid principal balance of $2,944.55;
oN
Ny
2. For post-judgment interest at the statutory rate;
COMPLAINT anaseS2
3. For costs of suit;
4. For such other relief as the Court may deem just and proper.
Wb
WY
DATED: — 12/07/2023 RAUSCH STURM LLP
Fk
nun
Vanessa Thomas
Attorneys for Plaintiff
won
ATTORNEY CONTACT INFO:
Vanessa Thomas
Oo
Phone: (279) 333-8001
10 E-mail: VThomas@rauschsturm.com
XVd Aq
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COMPLAINT 4627652
Document Filed Date
December 15, 2023
Case Filing Date
December 15, 2023
Category
(Collections Case)
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Filed superior Court of Callfornia, Sacramento 32/95/2023 Christine Siduguen, State Bar #240380 idle rok Vanessa Thomas, State Bar #323167 R RAUSCH STURM LLP OF ecnrscel st NY 250 N. Sunnyslope Road, Suite 300 2 SVG 4 44326 monn Brookfield WI 53005 WO Telephone: (877) 215-2552 Facsimile: (877) 396-4464 F&F E-mail Address: LawfirmCA @rauschsturm.com Attorneys for Plaintiff vn California License No. 10685-99 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO, GORDON D. SCHABER COURTHOUSE TD Bank USA, N.A., ) Case No.: uo ) Plaintiff, ) COMPLAINT FOR: CO ) 1. ACCOUNT STATED vs. Se ) FILED BY FAX KF ) Se HB ALYSSA HART; ) PRAYER AMOUNT: $2,944.55 and DOES 1 through 10, inclusive, ) Se W ) LIMITED CIVIL CASE Defendants. ) BR S| ) FF DREN Plaintiff TD Bank USA, N.A. (“Plaintiff”) alleges the following facts as to all causes of action as follows: Fe 1. Plaintiff is qualified to do business in California. NK FF 2. This Court is proper for this action because Plaintiff is informed and believes that Defendant ALYSSA FF OO HART is a resident within the jurisdictional boundaries of this Court. fF 3. Plaintiff is informed and believes that Defendant ALYSSA HART and Defendants sued by the fictitious FG NO §&§ names DOES 1 through 10 (“Defendants”) are responsible for the alleged debt; however, Plaintiff is unaware of the VN true names and capacities of DOES 1 through 10 and will seek leave of this Court to amend this Complaint when the NY NY Ww true names and capacities have been ascertained. NV FF YN 4. Plaintiff believes that at all times mentioned herein, Defendants, and each of them, were the agent, servant, HN NY employee, or employer, and acted in the capacity and as agent, of each and of the other Defendants. Plaintiff also DNDN NY believes that each of the Defendants is jointly and severally liable in the actions were taken for the benefit of the NY oN yo COMPLAINT s02iGn2 Defendants’ separate and/or community property. Plaintiff also believes that each of the Defendants is jointly and KF severally liable in that the actions were taken for the benefit of the Defendants' separate and/or community property. NY WO 5. Plaintiff is seeking to recover the amount of $2,944.55. This is the past-due balance on a credit card account, FPF which was opened and used by Defendants for value received from Plaintiff with the original account number ending vA in ****#*#4*44****6G8RO (the “Account”). The amount due is the result of transactions that occurred on the Account. n 6. Plaintiff is the sole owner of the debt at issue. moan 7. Plaintiff alleges that the date of the last payment was February 3, 2022. 8. Before commencement of this action, Plaintiff informed Defendants in writing that it intended to file this oe action and that this action could result in a judgment against Defendants that would include court costs allowed by CO California Code of Civil Procedure, section 1033, subsection (b)(2). S| KF FIRST CAUSE OF ACTION - (Account Stated) =| BH 9. Plaintiff realleges and incorporates by reference all of the foregoing paragraphs. | W 10. BP Defendants opened, used, and derived benefit from the Account through Defendants' own use of the FF HW Account or by another's use at Defendants' direction. By using the Account, Defendants expressly agreed or FF DH FF impliedly promised to repay Plaintiff. FF DONQ 11. Within the past four years, Defendants became indebted on the Account to Plaintiff in the sum of fF $2,944.55 on an account stated in writing by and between Plaintiff and Defendants in which it was agreed that OO fF Defendants were indebted to Plaintiff. CFO NO 12. Regular monthly statements were mailed to Defendants listing the debits, credits, and balance due. F&F NV Plaintiff has no record of Defendants timely objecting to the statements after receipt. NY NY 13. Plaintiff has made demand upon Defendants for repayment of the account stated; however, Defendants WwW NV have failed to satisfy the balance due. FF NY 14. _ As of the date of this Complaint, there is due and owing the unpaid sum of $2,944.55. UN NY NWN NY WHEREFORE, Plaintiff prays for judgment against Defendants as follows: NY 1. For the unpaid principal balance of $2,944.55; oN Ny 2. For post-judgment interest at the statutory rate; COMPLAINT anaseS2 3. For costs of suit; 4. For such other relief as the Court may deem just and proper. Wb WY DATED: — 12/07/2023 RAUSCH STURM LLP Fk nun Vanessa Thomas Attorneys for Plaintiff won ATTORNEY CONTACT INFO: Vanessa Thomas Oo Phone: (279) 333-8001 10 E-mail: VThomas@rauschsturm.com XVd Aq 1 "12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 COMPLAINT 4627652