On April 08, 2024 a
Complaint,Petition
was filed
involving a dispute between
Citibank N.A.,
and
Martinez, Sergio,
for Rule 3.740 Collections $10,000 or Less Limited
in the District Court of San Bernardino County.
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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Shane T- Watea SBN 302738 SAN BERNARDINO DISTRICT
Hootan Atefyekta, SBN 31 1437
Sunny Lee, SBN 326153 4/8/2024 8:46 AM
Julie M. VanderNoor Urner, SBN 220178
Thomas J. Sebourn, SBN 279272 By: NUVia RiVera: DEPUTY
James P. Garrett, SBN 256060
Robert S. Cox, SBN 290268
SUTTELL & HAMMER, A.P.C.
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 955331.001
10 CA DFPI Debt Collector License N0. 10604—99
11
SUPERIOR COURT OF CALIFORNIA, FOR THE COUNTY OF SAN BERNARDINO
12
San Bernardino District Civil Division
LIMITED CIVIL JURISDICTION
13
14
CIVSBZ41 1527
15
CITIBANK N.A. NO.
Plaintiff,
16 vs. COMPLAINT FOR DAMAGES
17 Sergio Martinez Common Counts: Book Account, Account Stated
18 Defendant. PRAYER AMOUNT: $7943.86
19
PLAINTIFF ALLEGES CAUSES OF ACTION AS FOLLOWS:
20
21
GENERAL ALLEGATIONS
22 1. Plaintiff is a FDIC insured bank qualified t0 d0 business in the State 0f
23 California.
24 2. Defendant is a natural person.
25
3. Defendant currently resides in this judicial district, therefore, jurisdiction and
26
venue are proper in this court.
27
4. The claims sued upon herein were made and entered into. The claims sued upon
28
herein are due and payable in this judicial district and/or county, and are not subject t0 the
COMPLAINT FOR DAMAGES - 1 SUTI'ELL & HAMMER, APC
PO BOX C—90006;BELLEVUE, WA, 98009
888—788—8355/425—453—3239 FAX
provisions 0f Sections 1812.10 and 2984.4 0f the California Civil Code, Section 395(b) 0f the
California Code of Civil Procedure.
5. That at all times material, Defendant has been the obligor 0f a certain credit card
account bearing number XXXXXXXXXXXX1990, and that Defendant agreed by the use 0f
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.
10 6. By the use 0f said credit account, Defendant has become indebted 0n said
11
account in the amount of $7943.86, which is due and unpaid despite Plaintiff s demand.
12
CAUSES OF ACTION — COMMON COUNTS
13
7. Plaintiff realleges and incorporates herein the allegations set forth above.
14
FIRST CAUSE OF ACTION: OPEN BOOK ACCOUNT
15
16 8. Defendant became indebted t0 Plaintiff within the last four (4) years 0n an open
17 book account for money due.
18
9. Plaintiff kept an account 0f the debts and credits involved in the transactions.
19
10. Defendant owes Plaintiff the sum total of $7943.86, plus any applicable costs,
20
for a balance due 0n a book account for money paid, lines 0f credit extended, and/ 0r funds
21
22 expended by 0r for Defendant.
23 SECOND CAUSE OF ACTION: ACCOUNT STATED
24
11. Defendant became indebted t0 Plaintiff Within the last four (4) years 0n an
25
account stated.
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12. Defendant, by words 0r conduct, agreed that the amount stated in the account
27
28 was the correct amount owed t0 Plaintiff and promised t0 pay the stated amount.
COMPLAINT FOR DAMAGES — 2 SUTI'ELL & HAMMER, APC
PO BOX C—90006;BELLEVUE, WA, 98009
888—788—8355/425—453—3239 FAX
Document Filed Date
April 08, 2024
Case Filing Date
April 08, 2024
Category
Rule 3.740 Collections $10,000 or Less Limited
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO Shane T- Watea SBN 302738 SAN BERNARDINO DISTRICT Hootan Atefyekta, SBN 31 1437 Sunny Lee, SBN 326153 4/8/2024 8:46 AM Julie M. VanderNoor Urner, SBN 220178 Thomas J. Sebourn, SBN 279272 By: NUVia RiVera: DEPUTY James P. Garrett, SBN 256060 Robert S. Cox, SBN 290268 SUTTELL & HAMMER, A.P.C. 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 955331.001 10 CA DFPI Debt Collector License N0. 10604—99 11 SUPERIOR COURT OF CALIFORNIA, FOR THE COUNTY OF SAN BERNARDINO 12 San Bernardino District Civil Division LIMITED CIVIL JURISDICTION 13 14 CIVSBZ41 1527 15 CITIBANK N.A. NO. Plaintiff, 16 vs. COMPLAINT FOR DAMAGES 17 Sergio Martinez Common Counts: Book Account, Account Stated 18 Defendant. PRAYER AMOUNT: $7943.86 19 PLAINTIFF ALLEGES CAUSES OF ACTION AS FOLLOWS: 20 21 GENERAL ALLEGATIONS 22 1. Plaintiff is a FDIC insured bank qualified t0 d0 business in the State 0f 23 California. 24 2. Defendant is a natural person. 25 3. Defendant currently resides in this judicial district, therefore, jurisdiction and 26 venue are proper in this court. 27 4. The claims sued upon herein were made and entered into. The claims sued upon 28 herein are due and payable in this judicial district and/or county, and are not subject t0 the COMPLAINT FOR DAMAGES - 1 SUTI'ELL & HAMMER, APC PO BOX C—90006;BELLEVUE, WA, 98009 888—788—8355/425—453—3239 FAX provisions 0f Sections 1812.10 and 2984.4 0f the California Civil Code, Section 395(b) 0f the California Code of Civil Procedure. 5. That at all times material, Defendant has been the obligor 0f a certain credit card account bearing number XXXXXXXXXXXX1990, and that Defendant agreed by the use 0f 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. 10 6. By the use 0f said credit account, Defendant has become indebted 0n said 11 account in the amount of $7943.86, which is due and unpaid despite Plaintiff s demand. 12 CAUSES OF ACTION — COMMON COUNTS 13 7. Plaintiff realleges and incorporates herein the allegations set forth above. 14 FIRST CAUSE OF ACTION: OPEN BOOK ACCOUNT 15 16 8. Defendant became indebted t0 Plaintiff within the last four (4) years 0n an open 17 book account for money due. 18 9. Plaintiff kept an account 0f the debts and credits involved in the transactions. 19 10. Defendant owes Plaintiff the sum total of $7943.86, plus any applicable costs, 20 for a balance due 0n a book account for money paid, lines 0f credit extended, and/ 0r funds 21 22 expended by 0r for Defendant. 23 SECOND CAUSE OF ACTION: ACCOUNT STATED 24 11. Defendant became indebted t0 Plaintiff Within the last four (4) years 0n an 25 account stated. 26 12. Defendant, by words 0r conduct, agreed that the amount stated in the account 27 28 was the correct amount owed t0 Plaintiff and promised t0 pay the stated amount. COMPLAINT FOR DAMAGES — 2 SUTI'ELL & HAMMER, APC PO BOX C—90006;BELLEVUE, WA, 98009 888—788—8355/425—453—3239 FAX