Preview
1 Shane T. Wate, SBN 302738
Hootan Atefyekta, SBN 311437
2 Sunny Lee, SBN 326153
Julie M. VanderNoor Urner, SBN 220178
3 Thomas J. Sebourn, SBN 279272
James P. Garrett, SBN 256060
4 Robert S. Cox, SBN 290268
5 SUTTELL & HAMMER, APC
P.O. Box C-90006
6 Bellevue, WA 98009
Tel: (425) 455-8220/(888) 788-8355
7 Facsimile: (425) 453-3239
california@suttelllaw.com
8
Attorneys for Plaintiff
9 s/h 965168.001
10
CA DFPI Debt Collector License No. 10604-99
11 SUPERIOR COURT OF CALIFORNIA, FOR THE COUNTY OF ALAMEDA
12 RENE C. DAVIDSON COURTHOUSE
LIMITED CIVIL JURISDICTION
13
DISCOVER BANK NO.
14
Plaintiff,
15 vs. COMPLAINT FOR DAMAGES
16 VAN WILLIAMS Common Counts: Book Account, Account Stated
17 Defendant. PRAYER AMOUNT: $7227.91
18
PLAINTIFF ALLEGES CAUSES OF ACTION AS FOLLOWS:
19
GENERAL ALLEGATIONS
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1. Plaintiff is a FDIC insured Delaware State Bank, organized and existing under
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the laws of the State of Delaware and is qualified to do business in the State of California.
22
2. Defendant is a natural person.
23
24 3. Defendant currently resides in this judicial district, therefore, jurisdiction and
25 venue are proper in this court.
26 4. The claims sued upon herein were made and entered into. The claims sued upon
27 herein are due and payable in this judicial district and/or county, and are not subject to the
28
COMPLAINT FOR DAMAGES - 1 SUTTELL & HAMMER, APC
PO BOX C-90006; BELLEVUE, WA 98009
888-788-8355/425-453-3239 FAX
1
provisions of Sections 1812.10 and 2984.4 of the California Civil Code, Section 395(b) of the
2
California Code of Civil Procedure.
3
5. That at all times material, Defendant has been the obligor of a certain credit card
4
account bearing number XXXXXXXXXXXX5094, and that Defendant agreed by the use of
5
said credit card: (1) to assume responsibility for all credit extended on the basis of said
6
7
accounts; (2) to pay monthly upon the unpaid account balance, including any and all service
8 charges; and (3) upon default in payment, that all obligations shall become immediately due
9 and payable; and Defendant has defaulted on said agreement.
10 6. By the use of said credit account, Defendant has become indebted on said
11 account in the amount of $7227.91, 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 to Plaintiff within the last four (4) years on an open
17 book account for money due.
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9. Plaintiff kept an account of the debts and credits involved in the transactions.
19
10. Defendant owes Plaintiff the sum total of $7227.91, plus any applicable costs
20
and interest accruing at the rate of 5% per annum on the principal amount of the money
21
22 judgment remaining unsatisfied, for a balance due on a book account for money paid, lines of
23 credit extended, and/ or funds expended by or for Defendant.
24
SECOND CAUSE OF ACTION: ACCOUNT STATED
25
11. Defendant became indebted to Plaintiff within the last four (4) years on an
26
account stated.
27
28
COMPLAINT FOR DAMAGES - 2 SUTTELL & HAMMER, APC
PO BOX C-90006; BELLEVUE, WA 98009
888-788-8355/425-453-3239 FAX
1
12. Defendant, by words or conduct, agreed that the amount stated in the account
2
was the correct amount owed to Plaintiff and promised to pay the stated amount.
3
13. To date, Defendant has not paid any or all of the amount owed under this
4
5 account.
6 14. Defendant owes Plaintiff the sum total of $7227.91, plus any and all applicable
7
costs and interest accruing at the rate of 5% per annum on the principal amount of the money
8
judgment remaining unsatisfied, for a balance due on an account stated for money paid, lines
9
of credit extended, and/or funds expended by or for Defendant.
10
11
PRAYER FOR RELIEF:
12
Plaintiff prays for judgment against Defendant as follows:
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A. For damages in the amount of $7227.91, less any payments made;
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B. For costs of suit incurred herein; and
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C. For the statutory interest rate of 5% per annum on the principal amount of the
16
money judgment remaining unsatisfied pursuant to California Code of Civil
17
18
Procedure § 685.010; and
19 D. For any further sum which may be proven at time of trial, and if allowed by law or
20 contract, or any other relief as the court deems just and equitable.
21 Dated __________________________
May 14, 2024
22 Respectfully Submitted,
23
SUTTELL & HAMMER, APC
24 —~ \_-
SignHere __________________________________
25 ( ) Shane T. Wate, SBN 302738 ( ) Thomas J. Sebourn, SBN 279272
( ) Hootan Atefyekta, SBN 311437 ( ) James P. Garrett, SBN 256060
26 ( X) Sunny Lee, SBN 326153 ( ) Robert S. Cox, SBN 290268
( ) Julie M. VanderNoor Urner, SBN 220178
27 Attorneys at Law
s/h 965168.001
28
COMPLAINT FOR DAMAGES - 3 SUTTELL & HAMMER, APC
PO BOX C-90006; BELLEVUE, WA 98009
888-788-8355/425-453-3239 FAX
Preview
1 Shane T. Wate, SBN 302738 Hootan Atefyekta, SBN 311437 2 Sunny Lee, SBN 326153 Julie M. VanderNoor Urner, SBN 220178 3 Thomas J. Sebourn, SBN 279272 James P. Garrett, SBN 256060 4 Robert S. Cox, SBN 290268 5 SUTTELL & HAMMER, APC P.O. Box C-90006 6 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 7 Facsimile: (425) 453-3239 california@suttelllaw.com 8 Attorneys for Plaintiff 9 s/h 965168.001 10 CA DFPI Debt Collector License No. 10604-99 11 SUPERIOR COURT OF CALIFORNIA, FOR THE COUNTY OF ALAMEDA 12 RENE C. DAVIDSON COURTHOUSE LIMITED CIVIL JURISDICTION 13 DISCOVER BANK NO. 14 Plaintiff, 15 vs. COMPLAINT FOR DAMAGES 16 VAN WILLIAMS Common Counts: Book Account, Account Stated 17 Defendant. PRAYER AMOUNT: $7227.91 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 of the State of Delaware and is qualified to do business in the State of California. 22 2. Defendant is a natural person. 23 24 3. Defendant currently resides in this judicial district, therefore, jurisdiction and 25 venue are proper in this court. 26 4. The claims sued upon herein were made and entered into. The claims sued upon 27 herein are due and payable in this judicial district and/or county, and are not subject to the 28 COMPLAINT FOR DAMAGES - 1 SUTTELL & HAMMER, APC PO BOX C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX 1 provisions of Sections 1812.10 and 2984.4 of the California Civil Code, Section 395(b) of the 2 California Code of Civil Procedure. 3 5. That at all times material, Defendant has been the obligor of a certain credit card 4 account bearing number XXXXXXXXXXXX5094, and that Defendant agreed by the use of 5 said credit card: (1) to assume responsibility for all credit extended on the basis of said 6 7 accounts; (2) to pay monthly upon the unpaid account balance, including any and all service 8 charges; and (3) upon default in payment, that all obligations shall become immediately due 9 and payable; and Defendant has defaulted on said agreement. 10 6. By the use of said credit account, Defendant has become indebted on said 11 account in the amount of $7227.91, 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 to Plaintiff within the last four (4) years on an open 17 book account for money due. 18 9. Plaintiff kept an account of the debts and credits involved in the transactions. 19 10. Defendant owes Plaintiff the sum total of $7227.91, plus any applicable costs 20 and interest accruing at the rate of 5% per annum on the principal amount of the money 21 22 judgment remaining unsatisfied, for a balance due on a book account for money paid, lines of 23 credit extended, and/ or funds expended by or for Defendant. 24 SECOND CAUSE OF ACTION: ACCOUNT STATED 25 11. Defendant became indebted to Plaintiff within the last four (4) years on an 26 account stated. 27 28 COMPLAINT FOR DAMAGES - 2 SUTTELL & HAMMER, APC PO BOX C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX 1 12. Defendant, by words or conduct, agreed that the amount stated in the account 2 was the correct amount owed to Plaintiff and promised to pay the stated amount. 3 13. To date, Defendant has not paid any or all of the amount owed under this 4 5 account. 6 14. Defendant owes Plaintiff the sum total of $7227.91, plus any and all applicable 7 costs and interest accruing at the rate of 5% per annum on the principal amount of the money 8 judgment remaining unsatisfied, for a balance due on an account stated for money paid, lines 9 of credit extended, and/or funds expended by or for Defendant. 10 11 PRAYER FOR RELIEF: 12 Plaintiff prays for judgment against Defendant as follows: 13 A. For damages in the amount of $7227.91, less any payments made; 14 B. For costs of suit incurred herein; and 15 C. For the statutory interest rate of 5% per annum on the principal amount of the 16 money judgment remaining unsatisfied pursuant to California Code of Civil 17 18 Procedure § 685.010; and 19 D. For any further sum which may be proven at time of trial, and if allowed by law or 20 contract, or any other relief as the court deems just and equitable. 21 Dated __________________________ May 14, 2024 22 Respectfully Submitted, 23 SUTTELL & HAMMER, APC 24 —~ \_- SignHere __________________________________ 25 ( ) Shane T. Wate, SBN 302738 ( ) Thomas J. Sebourn, SBN 279272 ( ) Hootan Atefyekta, SBN 311437 ( ) James P. Garrett, SBN 256060 26 ( X) Sunny Lee, SBN 326153 ( ) Robert S. Cox, SBN 290268 ( ) Julie M. VanderNoor Urner, SBN 220178 27 Attorneys at Law s/h 965168.001 28 COMPLAINT FOR DAMAGES - 3 SUTTELL & HAMMER, APC PO BOX C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX