Preview
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER 333791 FOR COURT USE ONLY
NAME Stephanie Ramos, Esq.
FIRM NAME: Collection At Law, Inc., A.P.C.
STREET ADDRESS: 3835 E Thousand Oaks BL #R349
cITY: Westlake Village STATE: CA ZIP CODE: 91362
TELEPHONE NO.: (818)716-7630 FAX NO. (818)716-7775
E-MAIL ADDRESS:
ELECTRONICALLY
ATTORNEY FOR (Name): Plaintiff, WELLS FARGO BANK, N.A.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO FILED
Superior Court of California,
STREET ADDRESS: 400 McAllister St. County of San Francisco
MAILING ADDRESS: 400 McAllister St.
cITY AND zIP coDE: San Francisco, CA, 94102 07/08/2024
BRANCH NAME: Civic Center Courthouse Clerk of the Court
BY: MARIVIC VIRAY
PLAINTIFF: WELLS FARGO BANK, N.A.
Deputy Clerk
DEFENDANT: DEEPTI NIGAM, an individual
LJ DOES 1 TO
CONTRACT
0 COMPLAINT 0 AMENDED COMPLAINT (Number):
D CROSS-COMPLAINT 0 AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply):
0 ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) CASE NUMBER:
Amount demanded D
does not exceed $10,000
0
exceeds $10,000
0 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
0 ACTION IS RECLASSIFIED by this amended complaint or cross-complaint CGC-24-616173
D from limited to unlimited
D from unlimited to limited
Plaintiff" (name or names):
WELLS FARGO BANK, N.A.
alleges causes of action against defendant* (name or names):
DEEPTI NIGAM, an individual
2 This pleading, including attachments and exhibits, consists of the following number of pages: 24
3 a. Each plaintiff named above is a competent adult
0 except plaintiff (name): WELLS FARGO BANK, N.A.
-1 0a corporation qualified to do business in California
-2 Dan unincorporated entity (describe):
-3 Dother (specify):
b. 0 Plaintiff (name): WELLS FARGO BANK, N.A.
a. D has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
b. 0 has complied with all licensing requirements as a licensed (specify): Lender
c. D Information about additional plaintiffs who are not competent adults is shown in attachment 3c.
4 a. Each defendant named above is a natural person
D except defendant (name) D
except defendant (name):
-1 D
a business organization, form unknown -1 D
a business organization, form unknown
-2 D
a corporation -2 a corporation D
-3 D
an unincorporated entity (describe): -3 D
an unincorporated entity (describe):
-4 D a public entity (describe): -4 D a public entity (describe):
-5 D Other (specify): -5 D other (specify):
*If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant Page 1 of2
Form Approved for Optional Use COMPLAINT-Contract Code of Civil Procedure,§ 425.12
Judicial Council of California www.courts.ca.gov
PLD-C-001 [Rev. January 1, 2024]
PLD-C-001
SHORT TITLE: CASE NUMBER:
WELLS FARGO BANK, N.A. vs. DEEPTI NIGAM
4 (Continued)
b. D The true names of defendant sued as Does are unknown to plaintiff.
-1 DDoe defendants (specify Doe numbers): _ _ _ _ _ _ _ _ were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
-2 DDoe defendants (specify Doe numbers): _ _ _ _ _ _ _ _ are persons whose capacities are unknown to
plaintiff.
c. D Information about additional defendants who are not natural persons is contained in Attachment 4c.
d. D Defendants who are joined under Code of Civil Procedure section 382 are (names):
5 D 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):
6 D This action is subject to D Civil Code section 1812.10 D Civil code section 2984.4
7 This court is the proper court because
a. D a defendant entered into the contract here.
b. D a defendant lived here when the contract was entered into.
c. 0 a defendant lives here now.
d. D the contract was to be performed here.
e. D a defendant is a corporation or unincorporated association and its principal place of business is here.
f D real property that is the subject of this action is located here.
g. D 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)
0 Breach of Contract
0 Common Counts
D 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. lZ! damages of $15,381.22
b. D interest on the damages
(1) D according to proof
(2) D at the rate of (specify): percent per year from (date):
c. IZl attorney's fees
(1) D of$
(2) El according to proof.
d. other (specify):
D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date: June 20, 2024
Stephanie Ramos, Esq. â–º
(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
PLD-C-001(1)
SHORT TITLE: CASE NUMBER:
WELLS FARGO BANK, N.A. vs. DEEPTI NIGAM
CAUSE OF ACTION-Breach of Contract
--------------
(number)
ATTACHMENT TO 0 Complaint D Cross - Complaint
(Use a separate cause of action form for each cause of action.)
BC-1. Plaintiff (name): WELLS FARGO BANK, N.A.
alleges that on or about (date): March 2, 2014
a 0 written Doral D other (specify):
agreement was made between (name parties to agreement):
Wells Fargo Bank, N.A. and DEEPTI NIGAM
0 A copy of the agreement is attached as Exhibit A, or
D The essential terms of the agreement D are stated in Attachment BC-1 Dare as follows (specify):
BC-2. On or about (dates): January 2, 2024
defendant breached the agreement by D the acts specified in Attachment BC-2 0 the following acts
(specify):
Failing to remit any further payments on the account.
BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or
excused from performing.
BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
D as stated in Attachment BC-4 0 as follows (specify):
$15,381.22
BC-5. E] Plaintiff is entitled to attorney fees by an agreement or a statute
c:::Jof$
0 according to proof
BC-6. 0 Other:
Cost for suit.
Page 3
Page 1 of 1
Code of Civil Procedure, § 425.12
Form Approved for Optional Use CAUSE OF ACTION-Breach of Contract
Judicial Council of California www.courtinfo.ca.gov
PLD-C-001(1) [Rev. January 1, 2007]
PLD-C-001(1)
SHORT TITLE: CASE NUMBER:
WELLS FARGO BANK, N.A. vs. DEEPTI NIGAM
2 CAUSE OF ACTION-Breach of Contract
--------------
(number)
ATTACHMENT TO 0 Complaint D Cross - Complaint
(Use a separate cause of action form for each cause of action.)
BC-1. Plaintiff (name): WELLS FARGO BANK, N.A.
alleges that on or about (date): March 2, 2014
a D written Doral 0 other (specify): Implied in Fact.
agreement was made between (name parties to agreement):
DEEPTI NIGAM, an individual
D A copy of the agreement is attached as Exhibit A, or
0 The essential terms of the agreement D are stated in Attachment BC-1 0 are as follows (specify):
Plaintiff issued Defendant a credit card, which the Defendant accepted. Defendant used the card to purchase good~,
services and/or for cash advances. Defendant, in exchange for use of the card, agreed to repay the principal along with
interest and other charges.
BC-2. On or about (dates): January 2, 2024
defendant breached the agreement by D the acts specified in Attachment BC-2 0 the following acts
(specify):
Failing to remit any further payments on the account.
BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or
excused from performing.
BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
D as stated in Attachment BC-4 0 as follows (specify):
$15,381.22
BC-5. D Plaintiff is entitled to attorney fees by an agreement or a statute
c:::Jof$
D according to proof
BC-6. 0 Other:
Cost for suit.
Page _4_ _ _ __
Page 1 of 1
Code of Civil Procedure, § 425.12
Form Approved for Optional Use CAUSE OF ACTION-Breach of Contract
Judicial Council of California www.courtinfo.ca.gov
PLD-C-001(1) [Rev. January 1, 2007]
PLD-C-001 (2)
SHORT TITLE: CASE NUMBER:
WELLS FARGO BANK, N.A. vs. DEEPTI NIGAM
3,4 CAUSE OF ACTION-Common Counts
(number)
ATTACHMENT TO 0 Complaint D Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): WELLS FARGO BANK, N.A.
alleges that defendant (name): DEEPTI NIGAM, an individual
became indebted to 0 plaintiff D other (name):
a.D within the last four years
(1) D on an open book account for money due.
(2) D 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. 0 within the last D two years 0 four years
(1) D for money had and received by defendant for the use and benefit of plaintiff.
(2) D for work, labor, services and materials rendered at the special instance and request of
defendant and for which defendant promised to pay plaintiff.
D the sum of$
D the reasonable value.
(3) D for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
D the sum of$
D the reasonable value.
(4) 0 for money lent by plaintiff to defendant at defendant's request.
(5) 0 for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
(6) D other (specify):
CC-2. $15,381.22 , which is the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest D according to proof D at the rate of ______ percent per year
from (date):
CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute
Dot$
D according to proof.
CC-4. 0 Other:
Cost for suit.
Page 5
Page 1 of1
Code of Civil Procedure, § 425.12
Form Approved for Optional Use CAUSE OF ACTION-Common Counts
Judicial Council of California www.courtinfo.ca.gov
PLD-C-001(2) [Rev. January 1, 2009]
PLD-C-001 (2)
SHORT TITLE: CASE NUMBER:
WELLS FARGO BANK, N.A. vs. DEEPTI NIGAM
5,6 CAUSE OF ACTION-Common Counts
--------'-------
(number)
ATTACHMENT TO 0 Complaint D Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): WELLS FARGO BANK, N.A.
alleges that defendant (name): DEEPTI NIGAM, an individual
became indebted to 0 plaintiff D other (name):
a.0 within the last four years
(1) 0 on an open book account for money due.
(2) 0 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. D within the last D two years D four years
(1) D for money had and received by defendant for the use and benefit of plaintiff.
(2) D for work, labor, services and materials rendered at the special instance and request of
defendant and for which defendant promised to pay plaintiff.
D the sum of$
D the reasonable value.
(3) D for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
D the sum of$
D the reasonable value.
(4) D for money lent by plaintiff to defendant at defendant's request.
(5) D for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
(6) D other (specify):
CC-2. $15,381.22 , which is the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest D according to proof D at the rate of _ _ _ _ _ _ percent per year
from (date):
CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute
Oof$
D according to proof.
CC-4. 0 Other:
Cost for suit.
Page 6
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California
CAUSE OF ACTION-Common Counts www.courtinfo.ca.gov
PLD-C-001(2) [Rev. January 1, 2009]
EXHIBIT A
â–
Consumer Credit Card Customer Agreement & Disclosure
Statement Visa®
Thank you for opening a Wells Fargo Visa® Account.
Table of Contents
In this contract, "the Bank," "Wells Fargo," "we," "our," and "us" refer to Wells Fargo
Bank, N.A. "You" and "your" mean each person who applied for and received a Wells
Fargo Credit Card. "Credit Card" means any cards we issue to you or any devices we
allow you to use for accessing your Account to obtain credit.
Part 1: Using Your Account
1. What is this contract?
2. How can you use this Account?
3. Can we limit your Account use?
4. What is your Credit Limit?
5. What happens if you use more than your available Credit Limit?
6. Can you add an authorized Credit Card user to your Account?
7. Can you end an authorized user's ability to use your Account?
8. Will you always receive a billing statement?
9. What can cause your Account to be in default?
10. What should you do if your Credit Card is lost or stolen, or Account is
compromised?
11. Who can close your Account?
Part 2: Making Transactions and Other Account Activity
1. How can you get Cash Advances?
2. How can you use SUPERCHECKSâ„¢ on your Account?
3. Can you use your Credit Card in a mobile app?
4. Can you use your Credit Card to pay any other Wells Fargo credit account?
5. Can we deny transactions on your Credit Card?
6. How do we manage temporary authorizations?
7. What happens if you misuse your Account in order to earn or use Rewards?
8. How does an international transaction in foreign currency convert to U.S.
dollars?
Part 3: Understanding Fees and Interest
1. What are the Account's fees?
2. When do we charge interest to your Account?
3. Does your Account have a Minimum Interest Charge?
4. What interest charges will you owe us?
5. What is your daily periodic rate?
6. How do we calculate interest on your Account?
7. How can you avoid paying interest on your Account?
8. When do we apply specific transactions, fees, and credits to your Account?
Part 4: Making and Processing Payments
1. How much do you need to pay by the Payment Due Date?
2. How can you make a payment?
3. Can you use a personal loan to pay your Account?
4. What methods do we not accept for payments?
5. When do we process payments?
6. How do we apply your payments?
7. When do we post payments to your Account?
Part 5: Managing Contact Details and Your Information
1. How may we contact you?
2. Can we verify your credit information more than once?
3. What additional information can we gather for California residents?
4. Can we monitor phone calls you have with us?
5. What information can we report about you to consumer reporting agencies?
Page 1
6. What should you do if your contact information changes?
7. When should you inform a merchant about changes to your Credit Card
information?
Part 6: Knowing the Account's Legal Terms
1. Can we change this Agreement?
2. What happens if any part of this Agreement is unenforceable?
3. Can our Agreement rights change?
4. What is this Agreement's governing law?
5. Who can assign your Agreement to others?
6. Dispute Resolution Program: Arbitration Agreement
7. Your Billing Rights
8. Active Duty Military Servicemembers and Their Dependents
9. Interpreter Certification
Notice to California Cardholders
To our California customers who have discussed Credit Card terms and conditions
with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog:
Read Part 6 - Section 9 about interpreter certification before you confirm your
credit card.
Lea la Pa rte 6, Secci6n 9, sobre la certificaci6n del interprete antes de confirmar su
tarjeta de credito.
~~f&.rt.flii~~,Ellf-Ziriimlll~ffi 6 'MB?J·ffi 9 HM9 r o~Ui~
m. L 0
_
,1Ji5t2.1 .,:--1.g.;i'rC-@" %1-?l"BVVI -?-~OJI *'2:JAt ?IEOJI :p.fpf 6?:t 9~%
~{c::>_fl2Jl:iH;:t~ll;L
Hay doc Phan 6 - Phan 9 ve xac nh~n ve thong d!ch vien
tntoc khi quy khach xac nh~n the tfn d1.,mg cua mlnh.
Basahin ang Bahagi 6 - Seksyon 9 tungkol sa sertipikasyon ng tagapagsaling-wika
bago mo kumpirmahin ang iyong credit card.
Part 1: Using Your Account
1. What is this contract?
This contract is for your Credit Card account (Account) and is between Wells Fargo
Bank, N.A. and each Account holder.
The contract includes the following information:
• Credit Card Agreement (Agreement)
• Important Terms of Your Credit Card Account
• Future amendments to this contract
By using or confirming your Account, you and any joint Account holder accept
this Agreement's terms. Please carefully read this Agreement and keep it for your
records.
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2. How can you use this Account?
You agree to use your Account only for lawful personal, family, or household
purposes that include:
Transaction Type Details
Balance Transfers When you transfer a credit balance from another
financial institution's credit card to your Account,
including using a check that accesses your Account.
Your Account may not be eligible for Balance
Transfers.
Cash Advances When you use your Credit Card to get cash. These
transactions include:
. Credit Card use at:
. ATM
. Bank teller
. Wells Fargo Online (Wellsfargo.com) or
through the Wells Fargo mobile app
. Cash-like transactions, such as:
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. Casino chips
. Foreign currency
. Lottery tickets
. Money orders
. Off-track wagers
. Other wagers
. Traveler checks
. Wire transfers
. Vouchers you can redeem for cash or similar
items
. Overdraft protection advances
Purchases "Purchases" means when you use your Credit Card
to buy or lease goods or services. Tax payments and
associated fees are Purchases. Cash Advances and
Balance Transfers are not Purchases.
Other Any other transactions that we allow.
We are not responsible for anyone who refuses to accept your Credit Card or any
other Credit Access Device. Credit Access Device means a device other than your
Credit Card that we allow you to use for accessing your Account to obtain credit, like
SUPERCHECKSâ„¢ and mobile devices.
Knowing Your Responsibility to Pay
When you use your Account or let someone else use it, you promise to pay the total
amount of the Purchases, Cash Advances, and Balance Transfers. You also promise
to pay all interest, fees, and other amounts that you may owe us.
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3. Can we limit your Account use?
Yes. We may limit or close your Account. If we do so, the terms of this Agreement
will apply until you pay your Account in full.
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4. What is your Credit Limit?
"Credit Limit" means the amount of credit that is available for you to use with your
Account. We provide this amount to you with your Credit Card, and it shows on each
of your billing statements. You promise to use your Account only to the limits.
We can adjust your Credit Limit at any time, including automatically increasing your
Credit Limit if you qualify. Further, we may restrict the amount of your Credit Limit
that you can use for Cash Advances.
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s. What happens if you use more than your available Credit
Limit?
We may either allow the transaction without increasing your Credit Limit or deny the
transaction. If we allow the transaction, we may require you to pay the over-limit
amount along with your next statement's Minimum Payment. You will still be liable
(responsible) for all credit you receive.
"Minimum Payment" means the minimum amount you must pay by the Payment
Due Date. You can find this date on each billing statement for your Account.
"Payment Due Date" means the date when the Minimum Payment is due.
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6. Can you add an authorized Credit Card user to your Account?
Yes. To add an authorized user, contact us with the name of the person for whom you
want us to issue a Credit Card. You can contact us any time at the number listed on
the back of your Credit Card. We will then issue you a new Credit Card in their name.
You are responsible for paying all charges that the authorized user makes and that
you owe us, including any Purchases, Balance Transfers, or Cash Advances. This
amount includes all related interest and fees.
Providing Personal Information about Authorized Users
You agree to give us certain personal information about each authorized user. They
must give you permission to give us this information. The details you provide us may
include:
• Name • Individual Taxpayer Identification
• Address Number
• Social security number Date of birth
• Citizenship details
Page 3
Managing Credit Card Responsibilities with Authorized Users
You are not required to have an authorized user on this Account. By adding one, this
person is not liable for any Outstanding Balance or any other charges that you or any
other authorized user makes. "Outstanding Balance" means the total of all unpaid
amounts, including:
• Purchases • Interest
• Cash Advances Fees
• Balance Transfers Any other amounts that you may owe
us
Should all liable cardholders die, all authorized users' privileges automatically end.
After that, any person who uses the Credit Card agrees to pay us all amounts they
owe us. We can choose to pursue the person to pay any Outstanding Balance or other
charges they allow.
You agree to inform each authorized user that all applicable sections of this
Agreement also apply to them.
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7. Can you end an authorized user's ability to use your Account?
Yes. You can stop an authorized user from being able to use your Account. To do so,
take these steps:
1. Recover that person's Credit Card.
2. Destroy the Credit Card.
3. Contact us with your request to remove them at the number on the back of your
Credit Card or by mail at:
Wells Fargo Bank, N.A.
P.O. Box 10347
Des Moines, IA 50306-0347
Please note: If you do not recover and destroy their Credit Card, and the authorized
user continues to use the Account, we have the right to cancel all Credit Cards and
establish anew Account for you. However, until you contact us requesting to remove
the authorized user, you continue to be liable for any charges the authorized user
makes.
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8. Will you always receive a billing statement?
We will send you a billing statement when your Account has a balance.
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9. What can cause your Account to be in default?
Your Account is in default if any of the following happen:
• You do not make a Minimum Payment by the Payment Due Date.
Your payment returns to Wells Fargo unpaid.
• You do not honor this Agreement's terms.
• Your application includes afalse statement.
You file for bankruptcy.
In any of these scenarios, we will require you to immediately pay your Account total.
We also may:
• Not allow future transactions on your Account
Close your Account
• Close your other Wells Fargo accounts
Paying Our Costs When Your Account Is in Default
You agree to pay collection costs, attorney's fees, and court costs that we have as a
result of enforcing our rights under this Agreement.
Managing Defaults with Joint Accounts
We consider a default by one Account holder to be a default by all of them.
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10. What should you do if your Credit Card is lost or stolen, or
Account is compromised?
Notify us immediately if:
Your Credit Card or Account information is lost or stolen, or
• You believe someone is using it without your permission.
Contact us at:
I Contact Method I Details I
Page 4
By Phone 1-800-642-4720
By Mail Wells Fargo Bank, N.A
P.O. Box 10347
Des Moines, IA 50306-0347
Investigations and Liability for Unauthorized Use and Zero Liability Protection
You agree to assist us in our investigation of your claim. If we find that you are not
responsible, then we will not hold you liable for your Account's unauthorized use.
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11. Who can close your Account?
Entity Details
You You may close your Account at any time.
Wells Fargo Bank, N.A. We may close your Account for any reason at any
time.
Joint Accounts Any Account holder can cancel the Account. If we
close the joint Account, then we may notify only
one Account holder.
When your Account closes, you must still pay the balance that you owe us according
to this Agreement's terms.
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Part 2: Making Transactions and Other Account Activity
1. How can you get Cash Advances?
• Cash Advances from ATMs
You may have limits on how much and how frequently you can use your Credit
Card for Cash Advances from ATMs. If you have a Cash Advance limit, it will be
on your monthly statement. The ATM owner may also restrict how you can use
it. Your Cash Advance amount will include any fees that the ATM owner charges
you.
Cash Advances for Overdraft Protection
You may choose to use your Credit Card to provide an automatic Cash Advance
to cover an overdraft on a linked Wells Fargo checking account. To cover this
overdraft, we will advance either your overdraft amount or $25.00, whichever is
greater. If your Credit Card's available credit is less than these amounts, then we
will advance the amount of your available credit.
• Fees and Annual Percentage Rate (APR): "APR" is a rate that we use to
calculate interest on your Account's balance and shows as a percentage.
You can find overdraft protection APR and fees in Important Terms of Your
Credit Card Account, which is a summary of your Account's AP Rs, fees, and
other important information.
Please note: Overdraft protection advances, interest, and fees may cause
your Account balance to exceed your Credit Limit.
• More than one person on checking account: If the checking account you
link for overdraft protection lists more than one person (such as a joint
checking account), then the following applies:
• You are responsible for all overdraft protection advances. This
responsibility is regardless of which person writes the check or does
any other transaction that causes the overdraft, such as a debit card
purchase.
• You agree that we can disclose to any other person on your checking
account that this Credit Card links to it for overdraft protection.
We can cancel, suspend, or change your overdraft protection service at any time and
for any reason.
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2. How can you use SUPERCHECKSâ„¢ on your Account?
You can access your Account with SUPERCHECKS similar to how you write a check
on a
deposit account. SUPERCHECKS will post as a Balance Transfer. They will include
transaction fees and interest.
The following restrictions apply to SUPERCHECKS:
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• Payment on Other Wells Fargo Accounts: You cannot use SUPERCHECKS to
pay on any Wells Fargo account.
• Allowed User: Only the person whose name is printed on the check can use
them.
Allowed Currency: You can only write them in U.S. dollars.
Certified: SUPERCHECKS cannot be certified.
• Payment Disputes: If you use SUPERCHECKS to pay a merchant for property
or services and a dispute arises, you cannot file a claim against us as a result.
We can put conditions on using SUPERCHECKS checks. We can also choose whether
to reject, decline, and return unpaid any SUPERCHECKS checks or advances.
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3. Can you use your Credit Card in a mobile app?
Yes. We may allow you to load your Credit Card into an app on an electronic
device, such as a mobile wallet. You can then use this app to make Purchases
and transactions without presenting your Credit Card. Examples of electronic
devices include smart phones, tablets, and other devices. Separate terms governing
your use of your Credit Card through a mobile device and this Agreement cover
those transactions. When you use your Credit Card with your mobile device for
transactions, third parties (such as merchants and digital wallet operators) may
use and receive information related to your mobile device and the Credit Card
transactions.
• Third-Party Fees
Third parties may charge you fees for your transaction, such as mobile-carrier
data or messaging charges.
• Restrictions
At any time, we may partially or fully restrict your ability to make credit
transactions through a third party/mobile device.
Account Removal
You agree to promptly notify us by calling the number on the back of your Credit
Card if you remove or want to remove your Account information from any app
on an electronic device.
Please note: We have no control over those devices and cannot guarantee how well
they work. You also should protect the device's security the same as you would
protect your Credit Card or other valuable information.
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4. Can you use your Credit Card to pay any other Wells Fargo
credit account?
No. You cannot use your Credit Card to pay any other Wells Fargo credit account.
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s. Can we deny transactions on your Credit Card?
Yes. We may decline any transaction at any time for any reason, such as:
Account default Suspected fraudulent or unlawful
• Internet gambling activity
• Any indication of a transaction's
increased risk
We may also limit the number of authorizations we allow during a period of time. In
addition, we can deny authorizations from merchants who may be engaging in the
internet gambling business.
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6. How do we manage temporary authorizations?
We may allow temporary authorizations that are greater than your actual Purchase
amount for transactions at some merchants, such as:
• Car rental companies • Hotels
• Gas stations • Restaurants
This temporary authorization may make less credit available on your Account for
several days. This step usually happens until the date when the merchant provides
the actual Purchase amount.
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7. What happens if you misuse your Account in order to earn or
use Rewards?
If you abuse, misuse, or game your Account in order to earn or use Rewards, or try
to do so, then we may close or restrict your Credit Card. This misuse means that
you make multiple Purchases and payments during a Billing Cycle, which causes
your total Purchases amount to substantially exceed your Credit Limit. Each billing
Page 6
statement shows a statement closing date, which is your Billing Cycle's last day.
"Billing Cycle" means the time period between billing statements.
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8. How does an international transaction in foreign currency
convert to U.S. dollars?
When you use your Visa Credit Card to make a transaction in a currency other than
U.S. dollars, Visa International (Visa) converts the charge into a U.S. dollar amount.
Visa uses one of the following steps to determine the exchange rate between the
transaction currency and the billing currency:
Select a rate from the range available in wholesale currency markets for the
applicable central processing date. This rate may vary from the rate Visa
receives. Or,
Use the government-mandated rate in effect for the applicable central
processing date.
The processing date's currency conversion rate may differ from the rate in effect on
the transaction date or the date when the transaction posts to your Account.
Using Merchant Conversions
Some merchants outside of the U.S. can give you an option for how to convert the
Credit Card transaction into U.S. dollars. They can have you choose whether you want
Visa or the merchant to make the conversion. If you choose for the merchant to do
it, then they determine the conversion rate, not Visa. We then do not charge you a
foreign currency conversion fee.
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Part 3: Understanding Fees and Interest
1. What are the Account's fees?
The following fees may apply to your Account, and you agree to pay them. If they
do apply, you will find the amount in the document, Important Terms of Your Credit
Card Account.
Fee Type When We Charge This Fee
Annual Fee We will add this fee to your monthly billing
statement once a year, whether or not you use this
Account. We add this fee to your Purchase balance,
which may create interest charges. We will notify
you before we charge the annual fee. To avoid future
annual fees, you must close your Account before we
charge you the annual fee. You may be eligible for
a refund of the annual fee depending on when you
close your Account.
Balance Transfer Fee On a Balance Transfer transaction
Cash Advance Fee On a Cash Advance from your Account
Foreign Currency Conversion Fee If you make a transaction in aforeign currency and
Visa converts it into a U.S. dollar amount
Late Fee Each time we do not receive the required Minimum
Payment by the Payment Due Date
Rush Plastic Fee If you ask us to rush delivering your Credit Card to
you
We may charge additional fees if you and we agree to them. We add all fees to your
Purchases balance, except Cash Advance fees. We add those fees to your Account's
Cash Advance balance.
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2. When do we charge interest to your Account?
• For most transactions: We charge interest beginning on the date you make the
transaction on your Account.
For fees: We charge interest beginning on the Billing Cycle's first day after the
previous Billing Cycle in which the fee posted to your Account.
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3. Does your Account have a Minimum Interest Charge?
Page 7
Your Account may have a Minimum Interest Charge. "Minimum Interest Charge"
means the lowest amount of interest we charge you if you owe any interest in a
Billing Cycle.
For details of this charge, please see the document, Important Terms of Your Credit
Card Account.
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4. What interest charges will you owe us?
The following details describe the interest you may owe each Billing Cycle. You can
find details on the APRs that apply to different balances in the document, Important
Terms of Your Credit Card Account.
• Introductory and Promotional Rates
Introductory Rates
Related Content
in San Francisco County
Ruling
FDI-23-797890
Jul 25, 2024 |
FDI-23-797890
2 COUNTY OF SAN FRANCISCO
3 UNIFIED FAMILY COURT
4
5
)
6 BREAUX ALANDER WALKER, ) Case Number: FDI-23-797890
)
7 Petitioner ) Hearing Date: July 25, 2024
)
8 VS. ) Hearing Time: 9:00 AM
)
9 EDITH SILVER WALKER, ) Department: 403
)
10 Respondent ) Presiding: RUSSELL S. ROECA
)
11 )
12 REQUEST FOR ORDER OF REQUEST FOR MOVE AWAY AND CUSTODY ORDERS CHILD
13 CUSTODY, CHILD SUPPORT, MOVE TO MARYLAND
14 TENTATIVE RULING
15 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the
16 Court makes the following findings and orders:
17 Custody Evaluation
18 The parties are currently undergoing a child custody evaluation by Alison Urdan. The Court has not been
19 provided with an update as to the status of the CCE and expected date of receipt of the CCE. This matter
20 is continued to September 24, 2024 for receipt of the CCE. Both parties shall file and serve update
21 declarations directed exclusively at the CCE.
22 Financial
23 This matter is continued from the 5/23/2024 hearing date for child support to be recalculated, as
24 the current child support order was set to $0 on that date. The parties were ordered to file updated income
25 and expense declarations and Statement of Support Calculations, 10 days in advance of the next hearing
26 date. Father failed to provide any of the requested documents.
27 Mother shall serve and file an amended income and expense declaration and attach the check stub
28 for her severance pay and proof of her unemployment income by 5:00pm on 7/25/2024. Mother omitted
29 these required documents from her income and expense declaration.
1 Under Family Code section 4053(a), a parent’s first and principal obligation is to support the
2 parent’s minor children according to the parent’s circumstances and station in life. The Court finds that
3 Father has the ability to work full-time. The Court previously imputed to Father full-time minimum wage
4 income at $3,132 (SF minimum wage) gross per month. The Court finds it is the best interest of the
Type text here
5 children to impute Father income in the amount of $20,000 per month, based on representations he made
6 in his 5/16/2024 declaration.
7 A printout of the Dissomaster computer calculation and findings is attached and
8 incorporated in this order. The Court adopts Mother’s Dissomaster A for the time period of 5/1/2024
9 (the date Father started his new position with SunCar) through 7/23/2024 (the date that Mother’s
10 severance ended), Father shall pay to Mother $2,913 per month in guideline child support. Thus, Father
11 shall pay to Mother, child support arrears in the amount of $2,913 for May 2024, $2,913 for June 2024,
12 and $2,161 for July 1-23 2024. The Court adopts Mother’s Dissomaster B for the time period of
13 7/23/2024- current in the amount of $3,829. Father shall pay to Mother child support arrears to Mother in
14 the amount for $988 for 7/24/2024-7/31/2024. Total support arrears owed from Father to Mother for the
15 period of 5/1/2024-7/23/2024 is $8,975. Father shall pay this amount to Mother in six equal payments of
16 $1,495.83 commencing 8/15/2023 and on the 15th of each month thereafter, until paid in full.
17 Commencing 8/1/2024 and going forward, in accordance with Dissomaster B, Father shall pay to
18 Mother $3,829 per month is guideline child support on the first of every month.
19 Once Mother becomes employed, she shall immediately inform Father and schedule a meet and
20 confer, so the parties can stipulate to a guideline child support agreement that comports with the change.
21 Mother shall serve and file the agreement with the Court.
22 Counsel for Mother shall prepare the order. Preparation of Order: If you are directed by the
23 court to prepare the order after hearing – within 10 calendar days of the hearing you must either: (a) Serve
24 the proposed order to the other party/counsel for approval, and follow the procedures set forth in CA
25 Rules of Court, Rule 5.125(c), or (b) If the other party did not appear or the matter was uncontested,
26 submit the proposed order after hearing directly to the court. Failure to submit the order after hearing
27 within 10 days may allow the other party to prepare a proposed order and submit it to the court in
28 accordance with CA Rules of Court, Rule 5.125(d).
29
n'ORNEY (NAME ANOADORESS): TELEPHONE NO:
w MOO!Ou-
tate of California.County of
"to ½o
nne Fokstuen
Law office of Anne Fokstuen STREET ADDRESS:
MAILING ADDRESS:
BRANCH NAME:
California
noRNEY FOR: Mother
DISSOMASTER REPORT ASE NUMBER:
2024, Monthly FDI-23-797890 Dissomaster A
Input Data Father Mother Guideline (2024) Cash Flow Analysis Father Mother
Number of children 0 3 Nets (adjusted) Guideline
% time with Second Parent 33% 0% Father 13,498 Payment (cost)/benefit (2,913) 2,913
Filing status HH/MLA HH/MLA Mother 6,633 Net spendable income 10,586 9,545
# Federal exemptions 2 3 Total 20,131 % combined spendable 52.6% 47.4%
Wages + salary 20,000 9,068 Support Total taxes 6,502 1,720
401(k) employee contrib 0 0 CS Payor Father Comb. net spendable 20,131
Self-employment income 0 0 Presumed 2,913 Proposed
Other taxable income 0 0 Basic CS 2,913 Payment (cost)/benefit (2,913) 2,913
Short-term cap. gains 0 0 Add-ons 0 Net spendable income 10,586 9,545
Long-term cap. gains 0 0 Presumed Per Kid NSI change from gdl 0 0
Other gains (and losses) 0 0 Child 1 554 % combined spendable 52.6% 47.4%
Ordinary dividends 0 0 Child 2 866 % of saving over gdl 0% 0%
Tax. interest received 0 0 Child 3 1,493 Total taxes 6,502 1,720
Social Security received 0 0 Spousal support blocked Comb. net spendable 20,131
Unemployment compensation 0 0 Total 2,913 Percent change 0.0%
Operating losses 0 0 Proposed, tactic 9 Default Case Settings
Ca. operating loss adj. 0 0 CS Payor Father
Roy, partnerships, S corp, trusts 0 0 Presumed 2,913
Rental income 0 0 Basic CS 2,913
Misc ordinary tax. inc. 0 0 Add-ons 0
Other nontaxable Income 0 0 Presumed Per Kid
New-spouse income 0 0 Child 1 554
SS paid other marriage 0 0 Child 2 866
CS paid other relationship 0 0 Child 3 1,493
Adj. to income (ATI) 0 0 Spousal support blocked
9.3% elective PTE payment 0 0 Total 2,913
Ptr Support Pd. other P'ships 0 0 Savings 0
Health insurance 0 715 Mother 0
Qual. Bus. Inc. Ded. 0 0 Father 0
Itemized deductions 0 0 No releases
Other medical expenses 0 0
Property tax expenses 0 0
Ded. interest expense 0 0
Charitable contribution 0 0
Miscellaneous itemized 0 0
State sales tax paid 0 0
Required union dues 0 0
Cr. for Pd. Sick and Fam. L. 0 0
Mandatory retirement 0 0
Hardship deduction o· O*
Other gdl. adjustments 0 0
AMT Info (IRS Form 6251) 0 0
Cfii...
Child support add-ons 0 0
(Rev. Mar, 2024)
OlssoMasterâ„¢ 2024-1 DissoMaster Report (Monthly) Page I of2
7/15/2024 12:26 PM
Anne Fokstuen, Law office of Anne Fokstuen
Type text here
3 Type
2 text here
1
Ruling
CECCHINI REALTY CO. VS. ALYENAA BUCKLES ET AL
Jul 22, 2024 |
CUD24674431
Real Property/Housing Court Law and Motion Calendar for July 22, 2024 line 7. DEFENDANT ANNA CHALMERS AKA ANNA FERENTINOS DEMURRER TO AMENDED COMPLAINT is SUSTAINED with leave to amend for Plaintiff to allege that Plaintiff does not have a complete copy of the lease or the lease attached to the complaint sans paragraphs 13 (partial), 14 and 15 is the only copy of the lease in Plaintiff's possession. Plaintiff's improper declaration in support of the opposition is stricken and not considered. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
JOSEPH A. UNIACKE ET AL VS. SARAH THOMPSON ET AL
Jul 22, 2024 |
CUD24674800
Real Property/Housing Court Law and Motion Calendar for July 22, 2024 line 8. PLAINTIFF JOSEPH UNIACKE AS TRUSTEE OF THE JOSEPH AND MARY UNIACKE REVOCABLE TRUST, DATED JUNE 6, 2019, MARY UNIACKE MOTION FOR SUMMARY JUDGMENT is OFF CALENDAR per request of the moving party. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
FDV-23-816772
Jul 23, 2024 |
FDV-23-816772
2 COUNTY OF SAN FRANCISCO
3 UNIFIED FAMILY COURT
4
5
)
6 LORINA STHAPIT, ) Case Number: FDV-23-816772
)
7 Petitioner ) Hearing Date: July 23, 2024
)
8 VS. ) Hearing Time: 9:00 AM
)
9 PURSARTH TULADHAR, ) Department: 403
)
10 Respondent ) Presiding: RUSSELL S. ROECA
)
11 )
12 REQUEST FOR ORDER CHILD SUPPORT
13 REQUEST FOR ORDER SPOUSAL OR PARTNER SUPPORT
14 TENTATIVE RULING
15 The matter is transferred to Dept. 416, to be heard at 9:00AM on 7/23/2024. Parties may appear by Zoom
16 or phone.
17 www.zoom.com/join
18 Meeting ID: 161 123 0725
19 Passcode: 040696
20
21
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23
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25
26
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29
Ruling
JULIA MALDONADO VS. DELTA DENTAL OF CALIFORNIA ET AL
Jul 22, 2024 |
CGC23607772
Matter on the Discovery Calendar for Monday, July 22, 2024, line 5, DEFENDANT DELTA DENTAL OF CALIFORNIA'S Motion To Compel Enforcement Of Records Subpoena And Request For Sanctions Against Plaintiff And Plaintiffs Counsel Pro Tem Judge David McDonald, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: Motion granted. The Court notes that Plaintiff agreed to produce documents responsive to the subpoena, except for the emergency contact information. Defendants have a right to confirm that all documents have been produced by Kaiser. Plaintiff shall execute an authorization to Kaiser allowing production absent the emergency contact information. Sanctions of $950 imposed against Plaintiff. For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Discovery Department 302. Any party who contests a tentative ruling must send an email to davididaho14@gmail.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must e-mail it to the Judge Pro Tem. The court no longer provides a court reporter in the Discovery Department. Parties may retain their own reporter, who may appear remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. = (302/JPT)
Ruling
JENNY SILVA-ROLAND ET AL VS. BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK ET AL
Jul 23, 2024 |
CGC23607732
Real Property/Housing Court Law and Motion Calendar for July 23, 2024 line 2. DEFENDANT BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK , AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2007-A, SPECIALIZED LOAN SERVICING, LLC DEMURRER TO 1ST AMENDED COMPLAINT is continued to September 13, 2024. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
GAETANI REAL ESTATE VS. ZACHARY HOWITT ET AL
Jul 22, 2024 |
CUD23672769
Real Property/Housing Court Law and Motion Calendar for July 22, 2024 line 5. DEFENDANT ZACHARY HOWITT NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFFS ATTENDANCE AT DEPOSITION AND REQUEST FOR SANCTIONS Hearing Required. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
EVAN KROW VS. ACCESS MARIN, INC. ET AL
Jul 26, 2024 |
CGC23604737
Matter on the Law & Motion calendar for Friday, July 26, 2024, Line 5. DEFENDANT ROBERT ELAM's Motion For Relief From Default. The motion is ordered off calendar to enable the moving party to comply with Local Rule 2.7(B) (courtesy copies). =(302/RCE)