On May 24, 2024 a
Complaint,Petition
was filed
involving a dispute between
Oportun, Inc,
and
Faustino, Alejandra,
for Rule 3.740 Collections $10,000 or Less Limited
in the District Court of San Bernardino County.
Preview
PLD-C—001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Andrew J. Gramajo, 338144
Aldridge |
Pite |
Haan, LLP ELECTRONICALLY FILED
Physical Address: 8880 Rio San Diego Dr, Ste 725, San Diego, CA 92108 SUPERIOR COURT OF CALIFORh IIA
Mailing Address: P.O. Box 7389, Marietta, GA 30065
COUNTY OF SAN BERNARDINO
APH File No.2 24-17764 SAN BERNARDINO DISTRICT
TELEPHONE NO: 800_844_0045 FAX NO.(0ptional) 470_240_3441
E—MAIL ADDRESS (optional):
agramaj0@aph_law_com 5/24/2024 2:50 PM
ATTORNEY FOR (Name):
OPORTUN, INC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Bernardino
By: Fabiola Moreno, DEPUTY
STREET ADDRESS: 247 West Third Street
MAILING ADDRESS: 247 West Third Street
CITY AND ZIP CODE: San Bernardino, CA 92415
BRANCH NAME:
PLAINTIFF: OPORTUN, INC
DEFENDANT(S): Alejandra Faustino
DOES 1 TO
CONTRACT
COMPLAINT :AMENDED COMPLAINT (Number):
E CRoss—COMPLAINT
Jurisdiction (check all that apply):
:AMENDED CRoss—COMPLAINT (Number):
ACTION Is A LIMITED CIVIL CASE CASE NUMBER:
Amount demanded X does not exceed $10,000
CIVSBZ41 6924
exceeds $10,000 but does not exceed $35,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
from limited to unlimited
from unlimited t0 limited
Plaintiff* (name 0r names):
OPORTUN, INC
alleges causes of action against defendant* (name 0r names):
Alejandra Faustino
This pleading, including attachments and exhibits, consists ofthe following number ofpages: _
a. Each plaintiff named above is a competent adult
except plaintiff (name); OPORTUN, INC
(1) X a corporation qualified t0 d0 business in California
(2) an unincorporated entity (describe):
b. Ea.
(3)
Plaintiff (name):
as
other (specify):
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): Bank
c. :Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
a. Each defendant named above is a natural person
except defendant (name): I
Iexcept defendant (name):
(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):
(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, plaintiffmeans cross—complaint and defendant means cross—defendant Page 1 of 2
Form Approved for Optional Use
Judicial Council 0f California
COMPLAINT_C0ntract Code ofCivil Procedure, § 425.12
PLD-C-OOI [ReV. January 1, 2024]
PLD-C—001
SHORT TITLE: CASE NUMBER:
OPORTUN, INC vs. Alejandra Faustino
4. (Continued)
b. The
(1)
true
E names 0f defendants sued
Doe defendants
as
(specify
Does are unknown t0 plaintiff.
Doe numbers): _________________ were the agents or employees ofthe named
c.
(2) E defendants and acted within the scope ofthat agency or employment.
Doe defendants
plaintiff.
(speczfi/
Information about additional defendants
Doe numbers): _________________
Who are not natural persons
are persons
is
Whose capacities are
contained in Attachment 4c.
unknown t0
d. Defendants who are joined under Code OfCiVil Procedure section 382 are (names):
5. E a.
b.
Plaintiffis required to comply with a claims statute,
has complied With applicable claims statutes, or
is excused from complying because (Specify):
and
6.
7.
E
This court
This action
is
is subject to
the proper court because
E
a defendant entered into the contract here.
Civil Code section 1812.10 E Civil Code section 2984.4.
a defendant lived here when the contract was entered into.
a defendant lives here now.
qqt-hFDP‘Pg‘?’
the contract was to be performed here.
a defendant is a corporation or unincorporated association and its principal place ofbusiness is here.
real property that is the subject 0fthis action is located here.
other (specify):
8. The following causes 0f action are attached and the statements above apply t0 each (each complaint must have one 0r
more causes ofaction attached):
X Breach of Contract
X Common Counts
Other (specify):
9.
10.
E Other allegations:
Plaintiffprays for judgment for costs 0f suit; for such relief as is fair, just, and equitable; and for
a. X damages 0f: $3,185.97
b. interest on the damages
(1) according t0 proof
(2) at the rate of (specify): percent per year from (date):
c. I I
attorney's fees
(1) 0f:
(2) according t0 proof.
d. I
X I
other (specify): Costs ofthis action.
11.- The paragraphs 0fthis pleading alleged on information and belief are as follows (specifi/ paragraph numbers):
Paragraph 7.
5/9/2024
Date:
Andrew J. Gramajo, 338144 > s/ Andrew J. Gramajo
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(Ifyou wish t0 verify this pleading, affix a verification.)
PLD-C-OOl [Rev. January 2024] Page of2
1,
COMPLAINT_C0ntract 2
Document Filed Date
May 24, 2024
Case Filing Date
May 24, 2024
Category
Rule 3.740 Collections $10,000 or Less Limited
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PLD-C—001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Andrew J. Gramajo, 338144 Aldridge | Pite | Haan, LLP ELECTRONICALLY FILED Physical Address: 8880 Rio San Diego Dr, Ste 725, San Diego, CA 92108 SUPERIOR COURT OF CALIFORh IIA Mailing Address: P.O. Box 7389, Marietta, GA 30065 COUNTY OF SAN BERNARDINO APH File No.2 24-17764 SAN BERNARDINO DISTRICT TELEPHONE NO: 800_844_0045 FAX NO.(0ptional) 470_240_3441 E—MAIL ADDRESS (optional): agramaj0@aph_law_com 5/24/2024 2:50 PM ATTORNEY FOR (Name): OPORTUN, INC SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Bernardino By: Fabiola Moreno, DEPUTY STREET ADDRESS: 247 West Third Street MAILING ADDRESS: 247 West Third Street CITY AND ZIP CODE: San Bernardino, CA 92415 BRANCH NAME: PLAINTIFF: OPORTUN, INC DEFENDANT(S): Alejandra Faustino DOES 1 TO CONTRACT COMPLAINT :AMENDED COMPLAINT (Number): E CRoss—COMPLAINT Jurisdiction (check all that apply): :AMENDED CRoss—COMPLAINT (Number): ACTION Is A LIMITED CIVIL CASE CASE NUMBER: Amount demanded X does not exceed $10,000 CIVSBZ41 6924 exceeds $10,000 but does not exceed $35,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited from unlimited t0 limited Plaintiff* (name 0r names): OPORTUN, INC alleges causes of action against defendant* (name 0r names): Alejandra Faustino This pleading, including attachments and exhibits, consists ofthe following number ofpages: _ a. Each plaintiff named above is a competent adult except plaintiff (name); OPORTUN, INC (1) X a corporation qualified t0 d0 business in California (2) an unincorporated entity (describe): b. Ea. (3) Plaintiff (name): as other (specify): 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): Bank c. :Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. a. Each defendant named above is a natural person except defendant (name): I Iexcept defendant (name): (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): (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, plaintiffmeans cross—complaint and defendant means cross—defendant Page 1 of 2 Form Approved for Optional Use Judicial Council 0f California COMPLAINT_C0ntract Code ofCivil Procedure, § 425.12 PLD-C-OOI [ReV. January 1, 2024] PLD-C—001 SHORT TITLE: CASE NUMBER: OPORTUN, INC vs. Alejandra Faustino 4. (Continued) b. The (1) true E names 0f defendants sued Doe defendants as (specify Does are unknown t0 plaintiff. Doe numbers): _________________ were the agents or employees ofthe named c. (2) E defendants and acted within the scope ofthat agency or employment. Doe defendants plaintiff. (speczfi/ Information about additional defendants Doe numbers): _________________ Who are not natural persons are persons is Whose capacities are contained in Attachment 4c. unknown t0 d. Defendants who are joined under Code OfCiVil Procedure section 382 are (names): 5. E a. b. Plaintiffis required to comply with a claims statute, has complied With applicable claims statutes, or is excused from complying because (Specify): and 6. 7. E This court This action is is subject to the proper court because E a defendant entered into the contract here. Civil Code section 1812.10 E Civil Code section 2984.4. a defendant lived here when the contract was entered into. a defendant lives here now. qqt-hFDP‘Pg‘?’ the contract was to be performed here. a defendant is a corporation or unincorporated association and its principal place ofbusiness is here. real property that is the subject 0fthis action is located here. other (specify): 8. The following causes 0f action are attached and the statements above apply t0 each (each complaint must have one 0r more causes ofaction attached): X Breach of Contract X Common Counts Other (specify): 9. 10. E Other allegations: Plaintiffprays for judgment for costs 0f suit; for such relief as is fair, just, and equitable; and for a. X damages 0f: $3,185.97 b. interest on the damages (1) according t0 proof (2) at the rate of (specify): percent per year from (date): c. I I attorney's fees (1) 0f: (2) according t0 proof. d. I X I other (specify): Costs ofthis action. 11.- The paragraphs 0fthis pleading alleged on information and belief are as follows (specifi/ paragraph numbers): Paragraph 7. 5/9/2024 Date: Andrew J. Gramajo, 338144 > s/ Andrew J. Gramajo (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (Ifyou wish t0 verify this pleading, affix a verification.) PLD-C-OOl [Rev. January 2024] Page of2 1, COMPLAINT_C0ntract 2