On May 07, 2024 a
Miscellaneous
was filed
involving a dispute between
Discover Bank,
and
Does 1 To 10, Inclusive,
Wong, Allen,
for EXEMPT COLLECTIONS (RULE 3.740)
in the District Court of San Francisco County.
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
ZWICKER & ASSOCIATES, P.C., A Law Firm Engaged in Debt Collection
1220 CONCORD AVENUE, SUITE 220
CONCORD, CA 94520
TELEPHONE NO.:(925)689-7070 TELEPHONE NO.: (925)689-7070
ELECTRONICALLY
ZACNLITIGATION@ZWICKERPC.COM
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): DISCOVER BANK FILED
Superior Court of California,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco
400 MCALLISTER ST, RM 103
STREET ADDRESS:
05/07/2024
MAILING ADDRESS: 400 MCALLISTER ST, RM 103 Clerk of the Court
CITY AND ZIP CODE: SAN FRANCISCO, CA 94102 BY: SHENEQUA GLADNEY
Deputy Clerk
BRANCH NAME: MAIN COURTHOUSE
PLAINTIFF: DISCOVER BANK
DEFENDANT: ALLEN WONG and DOES 1-10, inclusive
DOES 1 TO 10
CONTRACT
COMPLAINT AMENDED COMPLAINT (Number):
O
i)
CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply): CASE NUMBER:
X ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000)
Amount demanded does not exceed $10,000 CGC-24-614435
X exceeds $10,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
HO
from limited to unlimited
from unlimited to limited
1. Plaintiff* (name or names): DISCOVER BANK
alleges causes of action against defendant* (name or names): ALLEN WONG and DOES 1-10, inclusive
2. consists of the following number of pages: _5__
This pleading, including attachments and exhibits, consists
3. a. Each plaintiff named above is a competent adult
except plaintiff (name): DISCOVER BANK
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) other (specify): Plaintiff is a FDIC-insured Delaware State Bank.
b. Plaintiff (name):
a. has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
b. has complied with all licensing requirements as a licensed (specify):
c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4. a. Each defendant named above is a natural person
except defendant (name): except defendant (name):
OOO
(1) a business organization, form unknown (1) a business organization, form unknown
(2) a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
Ou
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
* If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2
Form Approved for Optional Use Judicial Code of Civil Procedure, § 425.12
Council of California COMPLAINT—Contract www.courts.ca.gov
PLD-C-001 [Rev. January 1, 2024]
269318030643
PLD-C-001
SHORT TITLE: CASE NUMBER:
DISCOVER BANK v. ALLEN WONG and DOES 1-10, inclusive
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(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) Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to
plaintiff.
[IU
c. 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
a. has complied with applicable claims statutes, or
b. is excused from complying because (specify):
L
6. This action is subject to Civil Code section 1812.10 Civil Code section 2984.4.
7. This court is the proper court because
HIUIWOOUO
a. a defendant entered into the contract here.
b. a defendant lived here when the contract was entered into.
c. a defendant lives here now.
d. the contract was to be performed here.
e. a defendant is a corporation or unincorporated association and its principal place of business is here.
f. real property that is the subject of this action is located here.
g. 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):
[Ie
Breach of Contract
Common Counts
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: $ 32,747.63
b. interest on the damages
(1) according to proof
(2) at the rate of (specify):
c. attorney's fees
(1) of: $
(2) according to proof.
d. Other (specify): Post-Judgment interest.
11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date:
5/2/24
[ ] JANET L. BROWN #208602
[ ] DOUGLAS S. WALLACE #331705
Eric A. Whitnker
[ ] ERIC 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] Page 2 of 2
COMPLAINT—Contract
269318030643
SHORT TITLE: CASE NUMBER:
DISCOVER BANK v. ALLEN WONG and DOES 1-10, inclusive
FIRST CAUSE OF ACTION4Common Counts
(number)
ATTACHMENT TO Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): DISCOVER BANK
alleges that defendant (name): ALLEN WONG, and DOES 1 through 10, inclusive,
became indebted to plaintiff other (name):
a. within the last four years
(1) on an open book account for money due.
KIX
(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 last two years four years
(1) for money had and received by defendant for the use and benefit of plaintiff.
OO
(2) for work, labor, services and materials rendered at the special instance and request of defendant and for
which defendant promised to pay plaintiff.
the sum of $
OO
the reasonable value.
(3) ☐ for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to
pay plaintiff
☐ the sum of $
the reasonable value.
(4) ☒ for money lent by plaintiff to defendant at defendant's request.
(5) ☒ for money paid, laid out, and expended to or for defendant at defendant's special instance and request.
(6) other (specify): For a loan issued by Plaintiff to Defendant(s) upon request by the Defendant. The loan
is identified as account ending in 7713. 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 7713 attached as Exhibit
Document Filed Date
May 07, 2024
Case Filing Date
May 07, 2024
Category
EXEMPT COLLECTIONS (RULE 3.740)
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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 ZWICKER & ASSOCIATES, P.C., A Law Firm Engaged in Debt Collection 1220 CONCORD AVENUE, SUITE 220 CONCORD, CA 94520 TELEPHONE NO.:(925)689-7070 TELEPHONE NO.: (925)689-7070 ELECTRONICALLY ZACNLITIGATION@ZWICKERPC.COM E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): DISCOVER BANK FILED Superior Court of California, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco 400 MCALLISTER ST, RM 103 STREET ADDRESS: 05/07/2024 MAILING ADDRESS: 400 MCALLISTER ST, RM 103 Clerk of the Court CITY AND ZIP CODE: SAN FRANCISCO, CA 94102 BY: SHENEQUA GLADNEY Deputy Clerk BRANCH NAME: MAIN COURTHOUSE PLAINTIFF: DISCOVER BANK DEFENDANT: ALLEN WONG and DOES 1-10, inclusive DOES 1 TO 10 CONTRACT COMPLAINT AMENDED COMPLAINT (Number): O i) CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBER: X ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) Amount demanded does not exceed $10,000 CGC-24-614435 X exceeds $10,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint HO from limited to unlimited from unlimited to limited 1. Plaintiff* (name or names): DISCOVER BANK alleges causes of action against defendant* (name or names): ALLEN WONG and DOES 1-10, inclusive 2. consists of the following number of pages: _5__ This pleading, including attachments and exhibits, consists 3. a. Each plaintiff named above is a competent adult except plaintiff (name): DISCOVER BANK (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) other (specify): Plaintiff is a FDIC-insured Delaware State Bank. b. Plaintiff (name): a. has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. has complied with all licensing requirements as a licensed (specify): c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person except defendant (name): except defendant (name): OOO (1) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): Ou (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): * If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Judicial Code of Civil Procedure, § 425.12 Council of California COMPLAINT—Contract www.courts.ca.gov PLD-C-001 [Rev. January 1, 2024] 269318030643 PLD-C-001 SHORT TITLE: CASE NUMBER: DISCOVER BANK v. ALLEN WONG and DOES 1-10, inclusive 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (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) Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to plaintiff. [IU c. 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 a. has complied with applicable claims statutes, or b. is excused from complying because (specify): L 6. This action is subject to Civil Code section 1812.10 Civil Code section 2984.4. 7. This court is the proper court because HIUIWOOUO a. a defendant entered into the contract here. b. a defendant lived here when the contract was entered into. c. a defendant lives here now. d. the contract was to be performed here. e. a defendant is a corporation or unincorporated association and its principal place of business is here. f. real property that is the subject of this action is located here. g. 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): [Ie Breach of Contract Common Counts 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: $ 32,747.63 b. interest on the damages (1) according to proof (2) at the rate of (specify): c. attorney's fees (1) of: $ (2) according to proof. d. Other (specify): Post-Judgment interest. 11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: 5/2/24 [ ] JANET L. BROWN #208602 [ ] DOUGLAS S. WALLACE #331705 Eric A. Whitnker [ ] ERIC 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] Page 2 of 2 COMPLAINT—Contract 269318030643 SHORT TITLE: CASE NUMBER: DISCOVER BANK v. ALLEN WONG and DOES 1-10, inclusive FIRST CAUSE OF ACTION4Common Counts (number) ATTACHMENT TO Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): DISCOVER BANK alleges that defendant (name): ALLEN WONG, and DOES 1 through 10, inclusive, became indebted to plaintiff other (name): a. within the last four years (1) on an open book account for money due. KIX (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 last two years four years (1) for money had and received by defendant for the use and benefit of plaintiff. OO (2) for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. the sum of $ OO the reasonable value. (3) ☐ for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff ☐ the sum of $ the reasonable value. (4) ☒ for money lent by plaintiff to defendant at defendant's request. (5) ☒ for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) other (specify): For a loan issued by Plaintiff to Defendant(s) upon request by the Defendant. The loan is identified as account ending in 7713. 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 7713 attached as Exhibit