On April 04, 2024 a
Complaint,Petition
was filed
involving a dispute between
Discover Bank,
and
Lanning, Roark,
for Rule 3.740 Collections $10,000.01 - $35,000 Limited
in the District Court of San Bernardino County.
Preview
Shane T. Wate, SBN 302738 ELECTRONICALLY FILED
Hootan Atefyekta, SBN 31 1437 SUPERIOR COURT OF CALIFORNIA
sunny Lee, SBN 326153 COUNTY OF SAN BERNARDINO
Julie M. VanderNoor Urner, SBN 220178
SAN BERNARDINO DISTRICT
Thomas Sebourn, SBN 279272
4/4/2024 10:29 PM
James P. Garrett, SBN 256060
By: Nuvia Rivera, DEPUTY
SUTTELL & HAMMER, APC
P.O. Box C—90006
Bellevue, WA 98009
Tel: (425) 455—8220/(888) 788—8355
Facsimile: (425) 453—3239
california@suttelllaw.com
Attorneys for Plaintiff
s/h 949340.001
10
CA DFPI Debt Collector License N0. 10604—99
SUPERIOR COURT OF CALIFORNIA, FOR THE COUNTY OF SAN BERNARDINO
11
SAN BERNARDWO DISTRICT CIVIL DIVISION
12 LIMITED CIVIL JURISDICTION
N0. C'VSBZ41
13 59
DISCOVER BANK 1 1
Plaintiff,
14
vs. COMPLAINT FOR DAMAGES
15
ROARK LANNING Common Counts: Book Account, Account Stated
16
Defendant. PRAYER AMOUNT: $ 14402.20
17
18
PLAINTIFF ALLEGES CAUSES OF ACTION AS FOLLOWS:
19 GENERAL ALLEGATIONS
20 1. Plaintiff is a FDIC insured Delaware State Bank, organized and existing under
21 the laws 0f the State 0f Delaware and is qualified to d0 business in the State 0f California.
22
2. Defendant is a natural person.
23
3. Defendant currently resides in this judicial district, therefore, jurisdiction and
24
venue are proper in this court.
25
4. The claims sued upon herein were made and entered into. The claims sued upon
26
herein are due and payable in this judicial district and/or county, and are not subject t0 the
27
provisions of Sections 1812.10 and 2984.4 0f the California Civil Code, Section 395(b) 0f the
28
California Code 0f Civil Procedure.
COMPLAINT FOR DAMAGES — 1
SUTTELL & HAMMER, APC
PO Box C—90006; BELLEVUE, WA 98009
888—788—8355/425—453—3239 FAX
5. That at all times material, Defendant has been the obligor of a certain credit card
account bearing number XXXXXXXXXXXX8645, and that Defendant agreed by the use of
said credit card: (1) t0 assume responsibility for all credit extended 0n the basis of said
accounts; (2) t0 pay monthly upon the unpaid account balance, including any and all service
Charges; and (3) upon default in payment, that all obligations shall become immediately due
and payable; and Defendant has defaulted 0n said agreement.
6. By the use 0f said credit account, Defendant has become indebted on said
account in the amount 0f $14402.20, which is due and unpaid despite Plaintiff’s demand.
10 CAUSES OF ACTION — COMMON COUNTS
11
7. Plaintiff realleges and incorporates herein the allegations set forth above.
12
FIRST CAUSE OF ACTION: OPEN BOOK ACCOUNT
13
8. Defendant became indebted t0 Plaintiff within the last four (4) years 0n an open
14
15 book account for money due.
16 9. Plaintiff kept an account 0f the debts and credits involved in the transactions.
17
10. Defendant owes Plaintiff the sum total of $14402.20, plus any applicable costs
18
and interest accruing at the rate 0f 5% per annum 0n the principal amount 0f the money
19
judgment remaining unsatisfied, for a balance due 0n a book account for money paid, lines 0f
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21 credit extended, and/ or funds expended by 0r for Defendant.
22 SECOND CAUSE OF ACTION: ACCOUNT STATED
23
11. Defendant became indebted t0 Plaintiff Within the last four (4) years 0n an
24
account stated.
25
12. Defendant, by words 0r conduct, agreed that the amount stated in the account
26
27 was the correct amount owed to Plaintiff and promised t0 pay the stated amount.
28
COMPLAINT FOR DAMAGES — 2 SUTTELL & HAMMER, APC
PO Box C—90006; BELLEVUE, WA 98009
888—788—8355/425—453—3239 FAX
Category
Rule 3.740 Collections $10,000.01 - $35,000 Limited
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Shane T. Wate, SBN 302738 ELECTRONICALLY FILED Hootan Atefyekta, SBN 31 1437 SUPERIOR COURT OF CALIFORNIA sunny Lee, SBN 326153 COUNTY OF SAN BERNARDINO Julie M. VanderNoor Urner, SBN 220178 SAN BERNARDINO DISTRICT Thomas Sebourn, SBN 279272 4/4/2024 10:29 PM James P. Garrett, SBN 256060 By: Nuvia Rivera, DEPUTY SUTTELL & HAMMER, APC P.O. Box C—90006 Bellevue, WA 98009 Tel: (425) 455—8220/(888) 788—8355 Facsimile: (425) 453—3239 california@suttelllaw.com Attorneys for Plaintiff s/h 949340.001 10 CA DFPI Debt Collector License N0. 10604—99 SUPERIOR COURT OF CALIFORNIA, FOR THE COUNTY OF SAN BERNARDINO 11 SAN BERNARDWO DISTRICT CIVIL DIVISION 12 LIMITED CIVIL JURISDICTION N0. C'VSBZ41 13 59 DISCOVER BANK 1 1 Plaintiff, 14 vs. COMPLAINT FOR DAMAGES 15 ROARK LANNING Common Counts: Book Account, Account Stated 16 Defendant. PRAYER AMOUNT: $ 14402.20 17 18 PLAINTIFF ALLEGES CAUSES OF ACTION AS FOLLOWS: 19 GENERAL ALLEGATIONS 20 1. Plaintiff is a FDIC insured Delaware State Bank, organized and existing under 21 the laws 0f the State 0f Delaware and is qualified to d0 business in the State 0f California. 22 2. Defendant is a natural person. 23 3. Defendant currently resides in this judicial district, therefore, jurisdiction and 24 venue are proper in this court. 25 4. The claims sued upon herein were made and entered into. The claims sued upon 26 herein are due and payable in this judicial district and/or county, and are not subject t0 the 27 provisions of Sections 1812.10 and 2984.4 0f the California Civil Code, Section 395(b) 0f the 28 California Code 0f Civil Procedure. COMPLAINT FOR DAMAGES — 1 SUTTELL & HAMMER, APC PO Box C—90006; BELLEVUE, WA 98009 888—788—8355/425—453—3239 FAX 5. That at all times material, Defendant has been the obligor of a certain credit card account bearing number XXXXXXXXXXXX8645, and that Defendant agreed by the use of said credit card: (1) t0 assume responsibility for all credit extended 0n the basis of said accounts; (2) t0 pay monthly upon the unpaid account balance, including any and all service Charges; and (3) upon default in payment, that all obligations shall become immediately due and payable; and Defendant has defaulted 0n said agreement. 6. By the use 0f said credit account, Defendant has become indebted on said account in the amount 0f $14402.20, which is due and unpaid despite Plaintiff’s demand. 10 CAUSES OF ACTION — COMMON COUNTS 11 7. Plaintiff realleges and incorporates herein the allegations set forth above. 12 FIRST CAUSE OF ACTION: OPEN BOOK ACCOUNT 13 8. Defendant became indebted t0 Plaintiff within the last four (4) years 0n an open 14 15 book account for money due. 16 9. Plaintiff kept an account 0f the debts and credits involved in the transactions. 17 10. Defendant owes Plaintiff the sum total of $14402.20, plus any applicable costs 18 and interest accruing at the rate 0f 5% per annum 0n the principal amount 0f the money 19 judgment remaining unsatisfied, for a balance due 0n a book account for money paid, lines 0f 20 21 credit extended, and/ or funds expended by 0r for Defendant. 22 SECOND CAUSE OF ACTION: ACCOUNT STATED 23 11. Defendant became indebted t0 Plaintiff Within the last four (4) years 0n an 24 account stated. 25 12. Defendant, by words 0r conduct, agreed that the amount stated in the account 26 27 was the correct amount owed to Plaintiff and promised t0 pay the stated amount. 28 COMPLAINT FOR DAMAGES — 2 SUTTELL & HAMMER, APC PO Box C—90006; BELLEVUE, WA 98009 888—788—8355/425—453—3239 FAX