Preview
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
JANET L. BROWN CA# 208602 / DOUGLAS S. WALLACE CA# 331705 / ERIC A. WHITAKER CA# 208391
Superion Court
of Califomia
ZWICKER & ASSOCIATES, P.C., A Law Firm Engaged in Debt Collection County of Butte
1220 CONCORD AVENUE, SUITE 220
CONCORD, CA 94520 2/28/2024
TELEPHONENO.: (925)689-7070 TELEPHONENO.: (925)689-7070
E-MAIL ADDRESS (Optional): ZACNLITIGATION@ZWICKERPC.COM
CT
ATTORNEY FOR (Name): U.S. BANK NATIONAL ASSOCIATION can jah, Clerk
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE MX Deput
STREET ADDRESS: 1775 CONCORD AVENUE Electro: WV FILED
MAILING ADDRESS: 1775 CONCORD AVENUE
CITY AND ZIP CODE: CHICO, CA 95928
BRANCH NAME: N BUTTE COUNTY COURTHOUSE
PLAINTIFF: U.S. BANK NATIONAL ASSOCIATION
IDEFENDANT: LONG T LEE and DOES 1-10, inclusive
Oo DOES 1 TO 10
CONTRACT
I COMPLAINT [1 AMENDED COMPLAINT (Number):
[1 =CROSS-COMPLAINT (1 AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply): CASE NUMBER:
ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000)
Amount demanded does not exceed $10,000
exceeds $10,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) 24CV00646
Oo ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
C1 from limited to unlimited
(1 from unlimited to limited
1 Plaintiff" (name or names): U.S. BANK NATIONAL ASSOCIATION
alleges causes of action against defendant* (name or names): LONG T LEE and DOES 1-10, inclusive
2. This pleading, including attachments and exhibits, consists of the following number of pages: _8
3. a. Each plaintiff named above is a competent adult
except plaintiff (name): U.S. BANK NATIONAL ASSOCIATION
amo a corporation qualified to do business in California
(2) 1 an unincorporated entity (describe):
(3) other (specify): U.S. Bank National Association is a national banking association organized under the
laws of the United States of America.
b.C1 Plaintiff (name):
a.[_] has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
64 has complied with all licensing requirements as a licensed (specify):
ef] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4 a. Each defendant named above is a natural person
[C_sexcept defendant (name): C1 except defendant (name):
a0 a business organization, form unknown a0 a business organization, form unknown
20 a corporation 20 a corporation
gO an unincorporated entity (describe): gO an unincorporated entity (describe):
40 a public entity (describe): 40 a public entity (describe):
60 other (specify): @O other (specify):
‘Ie this form is used as a eross-complaint, plaintiff means cross-complainant and defendant means cross-defendant, Page 1 of 2
Form Approved for Optional Use Judicial Code of Civil Procedure, § 425.13
Couneil of C omnia COMPLAINT—Contract \WWw.coults.ca.gov
PLD-C-001 [Rev. January 1, 2024]
261815030636
PLD-C-001
‘SHORT TITLE: CASE NUMBER.
|U.S. BANK NATIONAL ASSOCIATION v. LONG T LEE and DOES 1-10, inclusive
(Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1)[1__ Doe defendants (specify Doe numbers): were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) K Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to
plaintiff.
ef Information about additional defendants who are not natural persons is contained in Attachment 4c.
d.[] Defendants who are joined under Code of Civil Procedure section 382 are (names):
5.) Plaintiff is required to comply with a claims statute, and
all has complied with applicable claims statutes, or
bo is excused from complying because (specify):
6 This action is subject to 1 Civil Code section 1812.10 [] Civil Code section 2984.4.
7. This court is the proper court because
all a defendant entered into the contract here.
oO a defendant lived here when the contract was entered into.
cl a defendant lives here now.
a0 the contract was to be performed here.
el a defendant is a corporation or unincorporated association and its principal place of business is here.
1 real property that is the subject of this action is located here.
gO other (specify):
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):
1 Breach of Contract
—& Common Counts
(1 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
aX damages of: $ 16,872.39
bO interest on the damages
(1) according to proof
(2) 1 atthe rate of (specify):
cL] attorney's fees
mo of: $
(2) ]_ according to proof.
d. C Other (specify):
11.) The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date:
2/14/24
[ ] JANET L. BROWN #208602
| DOUGLAS S. WALLACE #331705
Eric A. Whitaker
RIC A. WHITAKER #208391
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(if you wish to verify this pleading, affix a verification.)
PLD-C-001 [Rev. January 1, 2024] COMPLAINT—Contract Page 2 of 2
261815030636
SHORT TITLE: CASE NUMBER
|U.S. BANK NATIONAL ASSOCIATION v. LONG T LEE and DOES 1-10, inclusive
FIRST CAUSE OF ACTION—Common Counts
(number)
ATTACHMENTTO [J Complaint (1 Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): U.S. BANK NATIONAL ASSOCIATION
alleges that defendant (name): LONG T LEE, and DOES 1 through 10, inclusive,
became indebted to XX) plaintiff CO other (name):
a. EX within the last four years
(1) KX) onan open book account for money due.
(2) KX) because an account was stated in writing by and between plaintiff and defendant in which it was
agreed that defendant was indebted to plaintiff.
KK within the last CJ two years I four years
(1) (1 for money had and received by defendant for the use and benefit of plaintiff.
(2) (for work, labor, services and materials rendered at the special instance and request of defendant and for
which defendant promised to pay plaintiff.
O the sum of $
O the reasonable value.
(3) XX for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to
pay plaintiff
Xl the sum of $16,872.39
Oo the reasonable value.
(4) 0 for money lent by plaintiff to defendant at defendant's request.
(5) 0 for money paid, laid out, and expended to or for defendant at defendant's special instance and request.
(6) other (specify): For credit extended on the account issued by Plaintiff to Defendant(s) for purchases and/
or cash advances by Defendant(s) and/or persons with Defendant(s)’ permission. The account is
identified as credit account ending in 5534. The Defendant(s) was billed periodically throughout the
credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15
USC Section 1666 et seq.) See an account record for account ending in 5534 attached as Exhibit “A”.
The Plaintiff has performed all conditions precedent to bringing this action or the same have been waived
by the Defendant(s).
CC-2. $, which is the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest D according to proof DO atthe rate percent per year
from (date):
CC-3. (1 Plaintiff is entitled to attorney fees by an agreement or a statute
Oo of $
Oo according to proof.
cc-4. [X] Other: $16,872.39, which is the fixed and agreed amount due and unpaid despite Plaintiff's demand.
Page Three
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California CAUSE OF ACTION—Common Counts wwew-courtinfo.ca.gov
PLD-C-001(2) [Rev. January 1, 2009]
261815030636
EXHIBITA
BICR
(bank.
November 2023 Statement Page 1 of 3
Open Date: 10/03/2023 Closing Date: 11/01/2023 Account: i 5534
U.S. Bank Cash+ Visa Signature® Card Cardmember Service ¢ 1-800-265-8585
LONG T LEE BNK 10 US2 8
New Balance $16,872.39 Activity Summary
Minimum Payment Due $3,663.00 Previous Balance $16,576.96
Payment Due Date 11/28/2023 Payments $0.00
Other Credits $0.00
Late Payment Warning: If we do not receive your Purchases $0.00
minimum payment by the date listed above, you may have
to pay up to a $41.00 Late Fee.
Balance Transfers $0.00
Advances $0.00
Other Debits $0.00
Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will
Fees Charged $0.00
take you longer to pay off your balance. For example: Interest Charged $295.43
If you make no You will pay off And you will New Balance $16,872.39
additional charges the balance shown end up paying Past Due $3,214.00
using this card and on this statement an estimated Minimum Payment Due $3,663.00
each month you in about... total of...
pay... Revolving Line of Credit $15,300.00
Only the minimum, 18 years $40,485 Revolving Line Available None
payment Days in Billing Period 30
$641 3 years $23,098
Cash Rewards
(Savings=$17,387)
Earned This Statement $0.00
If you would like information about credit counseling services, Rewards Center Balance $13.87
call 866-951-1391. as of 10/31/2023
For details, see your rewards summary.
Payment Mail payment coupon Pay online at 1 Pay by phone Pay at your local
Options: b= with a check
Nes
usbank.com (1 1-800-285-8585 A WV U.S. Bank branch
Make a payment online OR Please print out and send this portion of statement with payment to the address listed
(Sbank. Account Number 5534
Payment Due Date 11/28/2023
24-Hour Cardmember Service: 1-800-285-8585 New Balance $16,872.39
Minimum Payment Due $3,663.00
( . to pay by phone
. to change your address
Amount Enclosed $.
000064707 01 SP 000638587708330 E
U.S. Bank
ONG T P.O. Box 790408
PO BOX
OROVILLE CA 95966-1167 St. Louis, MO 63179-0408
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What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at:
Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6335.
In your letter or call, give us the following information:
> Account information: Your name and account number.
> Dollar amount: The dollar amount of the suspected error.
> Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement. While we investigate whether or not there has been an error,
the following are true:
> We cannot try to collect the amount in question, or report you as delinquent on that amount.
> The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine
that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
> While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
> We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we
own the company that sold you the goods or services.
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses
your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Cardmember Service, P.O. Box
6335, Fargo, ND 58125-6335
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our
decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
Important Information Regarding Your Account
1. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: We calculate the periodic rate or interest portion of the
INTEREST CHARGE by multiplying the applicable Daily Periodic Rate ("DPR") by the Average Daily Balance ("ADB") (including new
transactions) of the Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest
from each category. We determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in
each category, we add together the daily balances in those categories for the billing cycle and divide the result by the number of days in the
billing cycle. We determine the daily balances each day by taking the beginning balance of those Account categories (including any billed but
unpaid interest, fees, credit insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or
credits applied against your Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for
those categories on the later of the transaction date or the first day of the statement period. Billed but unpaid interest on Purchases, Advances
and Balance Transfers is added to the appropriate balances for those categories each month on the statement date. Billed but unpaid
Advance Transaction Fees are added to the Advance balance of your Account on the date they are charged to your Account. Any billed but
unpaid fees on Purchases, credit insurance charges, and other charges are added to the Purchase balance of the Account on the date they
are charged to the Account. Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the
date they are charged to the Account. In other words, billed and unpaid interest, fees, and charges will be included in the ADB of your
Account that accrues interest and will reduce the amount of credit available to you.To the extent credit insurance charges, overlimit fees,
Annual Fees, and/or Travel Membership Fees may be applied to your Account, such charges and/or fees are not included in the ADB
calculation for Purchases until the first day of the billing cycle following the date the credit insurance charges, overlimit fees, Annual Fees
and/or Travel Membership Fees (as applicable) are charged to the Account. Prior statement balances subject to an interest-free period that
have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation.
2. Payment Information: We will accept payment via check, money order, the internet (including mobile and online) or phone or previously
established automatic payment transaction. You must pay us in U.S. Dollars. If you make a payment from a foreign financial institution, you
will be charged and agree to pay any collection fees added in connection with that transaction. The date you mail a payment is different than
the date we receive the payment. The payment date is the day we receive your check or money order at U.S. Bank National Association, P.O.
Box 790408, St. Louis, MO 63179-0408 or the day we receive your internet or phone payment. All payments by check or money order
accompanied by a payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by
5:00 p.m. CT on any banking day. Payments sent without the payment coupon or to an incorrect address will be processed and credited to
your Account within 5 banking days of receipt. Payments sent without a payment coupon or to an incorrect address may result in a delayed
credit to your Account, additional interest charges, fees, and/or Account suspension. The deadline for on-time internet and phone payments
varies, but generally must be made before 5:00 p.m. CT to 8 p.m. CT depending on what day and how the payment is made. Please contact
Cardmember Service for internet, phone, and mobile crediting times specific to your Account and your payment option. Banking days are all
calendar days except Saturday, Sunday and federal holidays. Payments due on a Saturday, Sunday or federal holiday and received on those
days will be credited on the day of receipt. There is no prepayment penalty if you pay your balance at any time prior to your payment due
date.
3. Credit Reporting: We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on
your Account may be reflected in your credit report.
Page 6
(bank.
November 2023 Statement 10/03/2023 - 11/01/2023 Page 2 of 3
LONG T LEE Cardmember Service ( 1-800-285-8585
Cash+ Summary
Rewards Center Activity as of 10/31/2023 To Redeem:
Rewards Center Activity* $0.00 Login at usbank.com
Rewards Center Balance $13.87 or call 1-800-285-8585
This Year Redemption Options:
Reward Dollars Earned Statement to Date U.S. Bank Rewards Card
Cash Rewards $0.00 $3.08 Statement Credit
Direct Deposit to U.S. Bank
| Total Earned $0.00 $3.08] Checking
Savings
Money Market
Important Messages
Paying Interest: You have a 24 to 30 day interest-free period for Purchases provided you have paid your
previous balance in full by the Payment Due Date shown on your monthly Account statement. In order to
avoid additional INTEREST CHARGES on Purchases, you must pay your new balance in full by the
Payment Due Date shown on the front of your monthly Account statement.
There is no interest-free period for transactions that post to the Account as Advances or Balance Transfers
except as provided in any Offer Materials. Those transactions are subject to interest from the date they post
to the Account until the date they are paid in full.
If you believe we have inaccurately reported information to any Consumer Reporting Agency, you may
submit a dispute by writing to us. In order for us to assist you with your dispute, you must provide your
name, address, phone number, account number, the specific information you are disputing, the explanation
of why it is incorrect, and any supporting documentation (e.g., affidavit of identity theft), if applicable, to:
U.S. Bank National Association
Consumer Recovery Department
Attn: CBR Disputes
P.O. Box
St Louis, MO 63166-0108
Your account is seriously past due. We have very attractive settlement and reduced interest/payment
programs. We urge you to call us at 1-877-838-4346.
Transactions
Interest Charged
Post
Date Transaction Description Amount
11/01 INTEREST CHARGE ON PURCHASES $295.43
TOTAL INTEREST THIS PERIOD $295.43
2023 Totals Year-to-Date
Total Fees Charged in 2023 $235.00
Total Interest Charged in 2023 $2,976.23
Page 7
Continued on Next Page
(Sbank.
November 2023 Statement 10/03/2023 - 11/01/2023 Page 3 of 3
LONG T LEE Cardmember Service ( 1-800-285-8585
interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
**APR for current and future transactions.
Balance Annual Expires
Balance Subject to Interest Percentage with
Balance Type By Type Interest Rate Variable Charge Rate Statement
PURCHASES, $11,985.88 $11,789.76 YES $196.12 20.24%
*“*BALANCE TRANSFER $0.00 $0.00 YES $0.00 25.24%
**PURCHASES $4,886.51 $4,787.20 YES $99.31 25.24%
ADVANCES $0.00 $0.00 YES $0.00 29.24%
**ADVANCES $0.00 $0.00 YES $0.00 29.99%
Contact Us
( Phone ? Questions Mail payment coupon Nes Online
with a check
Voice: 1-800-285-8585, Cardmember Service U.S. Bank usbank.com
TDD: 1-888-352-6455, P.O. Box 6352 P.O. Box 790408
Fax: 1-866-568-7729 Fargo, ND 58125-6352 St. Louis, MO 63179-0408
Page 8
End of Statement