On May 24, 2024 a
Complaint,Petition
was filed
involving a dispute between
Discover Bank,
and
Memmott, Ann M,
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
Hootan Atefyekta, SBN 31 1437
Sunny Lee: SBN 326153
ELECTRONICALLY FILED
Julie M. VanderNoor Urner, SBN 220178
SUPERIOR COURT OF CALIFORNIA
Thomas J. Seboum, SBN 279272 COUNTY OF SAN BERNARDINO
James P. Garrett, SBN 256060 SAN BERNARDINO DISTRICT
Robert S. Cox, SBN 290268
5/24/2024 12:12 PM
SUTTELL & HAMMER, APC
P.O. Box C-90006 By: Bonney Vidal, DEPUTY
Bellevue, WA 98009
Tel: (425) 455-8220/(888) 788-8355
Facsimile: (425) 453-3239
california@suttelllaw.com
Attorneys for Plaintiff
s/h 963 762.001
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
CIVSBZ41 6857
DISCOVER BANK
14
Plaintiff,
15
vs. COMPLAINT FOR DAMAGES
16 ANN M MEMMOTT Common Counts: Book Account, Account Stated
17 Defendant. PRAYER AMOUNT: $276 1 5.61
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 t0 d0 business in the State 0f 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 subj ect t0 the
28
COMPLAINT FOR DAMAGES — 1
SUTFELL & 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 0f Civil Procedure.
5. That at all times material, Defendant has been the obligor 0f a certain credit card
account bearing number XXXXXXXXXXXX73 1 3, and that Defendant agreed by the use 0f
said credit card: (1) t0 assume responsibility for all credit extended 0n the basis 0f 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 0f $27615.61, 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 0f $27615.61, plus any applicable costs
20
and interest accruing at the rate 0f 5% per annum on the principal amount 0f the money
21
22 judgment remaining unsatisfied, for a balance due 0n a book account for money paid, lines 0f
23 credit extended, and/ 0r funds expended by 0r for Defendant.
24
SECOND CAUSE OF ACTION: ACCOUNT STATED
25
11. Defendant became indebted t0 Plaintiff within the last four (4) years 0n an
26
account stated.
27
28
COMPLAINT FOR DAMAGES — 2 SUTFELL & HAMMER, APC
PO Box C—90006; BELLEVUE, WA 98009
888—788—8355/425—453—3239 FAX
Document Filed Date
May 24, 2024
Case Filing Date
May 24, 2024
Category
Rule 3.740 Collections $10,000.01 - $35,000 Limited
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Shane T. Wate, SBN 302738 Hootan Atefyekta, SBN 31 1437 Sunny Lee: SBN 326153 ELECTRONICALLY FILED Julie M. VanderNoor Urner, SBN 220178 SUPERIOR COURT OF CALIFORNIA Thomas J. Seboum, SBN 279272 COUNTY OF SAN BERNARDINO James P. Garrett, SBN 256060 SAN BERNARDINO DISTRICT Robert S. Cox, SBN 290268 5/24/2024 12:12 PM SUTTELL & HAMMER, APC P.O. Box C-90006 By: Bonney Vidal, DEPUTY Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 Facsimile: (425) 453-3239 california@suttelllaw.com Attorneys for Plaintiff s/h 963 762.001 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 CIVSBZ41 6857 DISCOVER BANK 14 Plaintiff, 15 vs. COMPLAINT FOR DAMAGES 16 ANN M MEMMOTT Common Counts: Book Account, Account Stated 17 Defendant. PRAYER AMOUNT: $276 1 5.61 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 t0 d0 business in the State 0f 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 subj ect t0 the 28 COMPLAINT FOR DAMAGES — 1 SUTFELL & 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 0f Civil Procedure. 5. That at all times material, Defendant has been the obligor 0f a certain credit card account bearing number XXXXXXXXXXXX73 1 3, and that Defendant agreed by the use 0f said credit card: (1) t0 assume responsibility for all credit extended 0n the basis 0f 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 0f $27615.61, 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 0f $27615.61, plus any applicable costs 20 and interest accruing at the rate 0f 5% per annum on the principal amount 0f the money 21 22 judgment remaining unsatisfied, for a balance due 0n a book account for money paid, lines 0f 23 credit extended, and/ 0r funds expended by 0r for Defendant. 24 SECOND CAUSE OF ACTION: ACCOUNT STATED 25 11. Defendant became indebted t0 Plaintiff within the last four (4) years 0n an 26 account stated. 27 28 COMPLAINT FOR DAMAGES — 2 SUTFELL & HAMMER, APC PO Box C—90006; BELLEVUE, WA 98009 888—788—8355/425—453—3239 FAX