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  • american express national bank vs brahim yousfi Other Collections Unlimited (09)  document preview
  • american express national bank vs brahim yousfi Other Collections Unlimited (09)  document preview
  • american express national bank vs brahim yousfi Other Collections Unlimited (09)  document preview
  • american express national bank vs brahim yousfi Other Collections Unlimited (09)  document preview
  • american express national bank vs brahim yousfi Other Collections Unlimited (09)  document preview
  • american express national bank vs brahim yousfi Other Collections Unlimited (09)  document preview
  • american express national bank vs brahim yousfi Other Collections Unlimited (09)  document preview
  • american express national bank vs brahim yousfi Other Collections Unlimited (09)  document preview
						
                                

Preview

Chyanna Thrush, Esq., SBN: (323106) Kambrie L Keith, Esq., SBN: (303847) Henry Yandell, Esq., SBN: (321114) MICHAEL & ASSOCIATES, PC 555 St. Charles Drive, Suite 204 Thousand Oaks, California 91360 Telephone: (805) 379-8505 Facsimile: (805) 379-8525 Attorneys for Plaintiff, American Express National Bank f/k/a American Express Centurion Bank Our File Number: 19148811 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA UNLIMITED CIVIL CASE American Express National Bank f/k/a ) Case No.: American Express Centurion Bank, ) ) COMPLAINT FOR DAMAGES Plaintiff, ) ) 1. Common Counts: Book Account, vs. ) Account Stated ) 2. Quantum Meruit-Reasonable Value Brahim Yousfi, an individual; Does 1 through ) 20, inclusive. ) ) PRAYER AMOUNT: $31,525.99 Defendants. ) ) ) Plaintiff alleges as follows: GENERAL ALLEGATIONS 1. Atall times herein mentioned, Plaintiff, American Express National Bank f/k/a American Express Centurion Bank, (hereinafter "American Express"), is incorporated under United States law as a national bank, and is duly licensed and authorized to engage in business and is engaged in the doing of business by virtue of the laws and regulations of the State of California. 2. Plaintiff is informed and believes and thereon alleges that at all times mentioned herein, Defendant, Brahim Yousfi, an individual (hereinafter "Brahim Yousfi") is or was a resident of and living in the State of California, County of Santa Clara. Mt 1 COMPLAINT FOR DAMAGES3. The true names and capacities, whether individual, corporate, associates, or otherwise, of the Defendants herein designated as Does 1 through 20, inclusive, are unknown to Plaintiff and Plaintiff will ask leave of Court to amend this Complaint to show the true names and capacities when said names are ascertained. 4. The obligations and claims sued upon herein were made and entered into and are due and payable in the above-mentioned judicial district and/or county of the State of California, and are not subject to the provisions of Sections 1812.10 and 2984.4 of the California Civil Code, Section 395(b) of the California Code of Civil Procedure. 5. Atall times herein mentioned, the Defendants, and each of them (hereinafter "Defendants"), were agents and/or employees and or joint ventures of the other Defendants, and were acting within the course and scope of such agency and/or employment and or joint ventures at the time of the claim asserted herein. 6. Defendant, Brahim Yousfi applied for and was issued an American Express Card (hereinafter "Card") currently ending in 2003 for the purposes of obtaining goods and/or services, and/or cash advances from any person who accepts the Card. 7. Within the past four (4) years, Plaintiff and Defendant had financial transactions, wherein! Plaintiff lent money to Defendant on the Card currently ending in 2003, at Defendant's request. 8. Plaintiff kept a written accounting of the debits and credits involved in the financial transactions. Defendant became indebted to Plaintiff on an open book account in writing for money due as a result of the financial transactions on the Card currently ending in 2003. FIRST CAUSE OF ACTION COMMON COUNTS COUNT 1 (Open Book Account as to all Defendants) 9. Plaintiff realleges and incorporates herein by reference the allegations contained in paragraphs | through 8, inclusive, as though set forth fully at length. Hl Ml Mit 2 COMPLAINT FOR DAMAGESCm nd aA uw BF wB iN 20 10. Defendant became indebted to Plaintiff in the sum of $31,525.99, for a balance due on a book account in writing for money lent by Plaintiff to Defendant at Defendant's request. No part of said sum has been paid, although demand for payment has been made. There is now due, owing and unpaid the sum of $31,525.99. Attached hereto and incorporated hereat as Exhibit "A" is a true and correct copy of the Card statement ending in 2003 with the closing date of November 06, 2019. COUNT 2 (Account Stated as to all Defendants) 11. Plaintiff realleges and incorporates herein by reference the allegations set forth in paragraphs | through 8, inclusive, as though set forth fully at length. 12. Plaintiff's records reflect that it transmitted monthly billing statements to Defendant at the| address provided by Defendant. Defendant promised to pay Plaintiff the amounts listed on the monthly billing statements by keeping and utilizing the Card. 13. By failing to object to the amount due and owing on the monthly billing statements, Defendant manifested his/her agreement that the amount listed on the statement was correct. Attached hereto and incorporated hereat as Exhibit "A" is a true and correct copy of the Card statement for the Card ending in 2003 with the closing date of November 06, 2019. SECOND CAUSE OF ACTION (Quantum Meruit-Reasonable Value as to all Defendants) 14. Plaintiff realleges and incorporates herein by reference the allegations contained in paragraphs | through 8, inclusive, as though fully set forth in full hereat. 15. At the special request of Defendant, Plaintiff lent money and rendered services to Defendant or on behalf of Defendant, for which Defendant promised to repay Plaintiff. 16. Neither Plaintiff nor Defendant had the expectation that the money lent or services rendered by Plaintiff, were gratuitous. 17. At all times mentioned herein, $31,525.99 was and is, the reasonable value for the money lent and services rendered by Plaintiff. Mt 3 COMPLAINT FOR DAMAGESBR BW NV Cm nd na 18. Defendant has failed to pay the entire reasonable value agreed upon, notwithstanding Plaintiff's demand thereof. There is now due, owing and unpaid, the sum of $31,525.99. WHEREFORE, Plaintiff prays judgment against Defendants as follows: 1. For the sum of $31,525.99; 2. For costs of suit herein; and 3. For such other and further relief as the Court may deem just and proper. DATE: December \A , 2019 MICHAEL & ASSOCIATES, PC By: Otepess Z uth - CH INA THRUSH, Attorney for Plaintiff 4 COMPLAINT FOR DAMAGESEXHIBIT “A”erent Blue Cash Preferred® from American Express Exeaecs BRAHIM YOUSFI Closing Date 11/06/19 pe Account Ending 2003 i { New Balance | Get cash back for eligible / i $31,525.99 purchases when you use the _ | Minimum Payment Due $2,679.00 | Card. | | | | For more details about Rewards, please visit | | Includes the past due amount of $2,364.00 | || americanexpress.com/cashbackrewards _ | Payment Due Date 12/01/19* | —— ce | *Late Payment Warning: If we do not receive your Minimum Payment Due by Account Summary i | | | | || Previous Balance $31,525.99 the Payment Due Date of 12/01/19, you may have to pay alatefee ofupto | | Payments/Credits ~$0.00 $39.00 and your APRs may be increased to the Penalty APR of 29.99%, | | | New Charges +$0.00 | | Fees +$0.00 | | Interest Charged +$0.00 | | | | ' | | t — | Minimum Payment Warning; If you make only the minimum payment each period, = NewBalance $31,525.99 || you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $2,679.00 || example: a et cect eect manent — . ~ a — Credit Limit $30,900.00 [Ifyou make no additional You will payoff the balance And you will pay an charges andeach month you shown on thisstatementin estimated total of. Cash Advance Limit $0.00 | Only the | Minimum Payment Due 29 years $60,932 t Days in Billing Period: 30 If you would like information about credit counseling services, call 1-888-733-4139, Customer Care [2) See page 2 for important information about your account. Pay by Computer americanexpress.com/pbc [2)_ Please refer to the IMPORTANT NOTICES section on i custo mer Core Pay by Phone pages 5-6. [2) see page 3 for additional information. ® This statement is for information purposes only. This is not a bill. Please contact your collections agency for account information. Disregard the Minimum Payment Due, your account is in default and the balance is due in full. Please fold on the perforation below, detach and return with your payment Payment Coupon Pay by Computer Prag °2y,by Phone Account Ending. 2003 Do not staple or use paper clips. americanexpress.com/pbc 800-472-9297 Enter 15 digit account # on all payments. Make check payable to American Express. HMA goof ade tgaal ee tuned Te tte tt BRAHIM YOUSFI Payment Due Date 12/01/19 coe ae New Balance SAN JOSE CA 95126-3965, $31,525.99 Minimum Payment Due 32,679.00 adadaadant ee aAAEEL At Ag eee eg pete [L] cheetchere tyour address or AMERICAN EXPRESS $ phone number has changed. PO BOX 0001 “Amount Enclosed Note changes on reverse side. LOS ANGELES CA 90096-8000_BRAHIM YOUSFI Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to be credited as of the day itis received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. if your payment does not meet ail of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required by law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re- present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement. if we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account. Call the Customer Care number on page 3 for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in daily compounding of interest. Paying Interest: Your due date is at leat 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay each month your entire balance (or Adjusted Balance if applicable) by the due date each month, We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will charge a fee of 2.70% of the converted US dollar amount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) wil be billed at the rates such establishments use. Change of Address Ifcorteet on front, do not use. * To change your address online, visit www.americanexpress.com/updatecontactinfo * For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care, * Please print clearly in blue or black ink only in the boxes provided. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report What To Do If You Think You Find A Mistake On Your Statement Ifyou think there is an etror on your statement, write to us at: American Express, PO Box 981535, El Paso TX 79998-1535 You may also contact us on the Web: www.americanexpress.com in your letter, give us the following information: ~ Account information: Your name and account number. - Dollar amount: The dollar amount of the suspected error. - Description of Problem: f you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing [or electronically]. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: = We cannot try to collect the amount in question, or report you as. delinquent on that amount, ~The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any Interest or other fees related to that amount, = While you do not have to pay the amount in question, you are responsible for the remainder of your balance. -We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases if you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. ifall of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at: American Express, PO Box 981535, El Paso TX 79998-1535 www.americanexpress.com While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay ‘we may report you as delinquent. Pay Your Bill with AutoPay . Avoid late fees Save time Street Address Deduct your payment from your bank account automatically each month City, State \Visit americanexpress.com/autopay Zip Code ‘today to enroll. | ‘Area Code and Home Phone Area Code and ‘Work Phone | For information on how we protect your Email privacy and to set your communication and privacy choices, please visit www.americanexpress.com/privacy.Blue Cash Preferred® from American Express BRAHIM YOUSFI Closing Date 11/06/19 ‘Customer Care & Billing Inquiries 1-888-258-3741 | (44) international Collect 1-336-393-1111 { Large Print & Braille Statements 1-888-258-3741 | Cash Advance at ATMs Inquiries 1-800-CASH-NOW InN Customer Care & Billing Inqu P.O. BOX 9815 EL PASO, TX 79998-1535 p. 3/6 Account Ending 2003 Payments PO BOX 0001 LOS ANGELES CA 90096-8000 Fees Amount Total Fees for this Period Interest Charged Amount Total Interest Charged for this Period __ $0.00 _ About Trailing Interest You may see interest on your next statement even if you pay the new balance in full and on time and make no new charges. This is called "trailing interest." Trailing interest is the interest charged when, for example, you didn't pay your previous balance in full. When that happens we charge interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchases by paying your balance in full and on time each month. Please see the "When we charge interest" sub-section in your Cardmember Agreement for details. 2019 Fees and Interest Totals Year-to-Date a . Amount Total Fees in 2019 $105.00 Total Interest in 2019 $3,103.49 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Transactions Dated Annual Balance Interest Percentage Subject to Charge From To Rate Interest Rate Purchases 08/26/2019 12.50% (v) $0.00 $0.00 Cash Advances 08/26/2019 26.74% (v) $0.00 $0.00 Total $0.00 (v) Variable RateBRAHIM YOUSFI Account Ending 2003 p. 4/65/6 @iSses. BRAHIM YOUSFI Closing Date 11/06/19 Account Ending. 2003 Your Personal Details Account protection is important to us. Please update your Personal Details so we may contact you about your account if needed. Visit https://global.americanexpress.com/account-management/ to get started. Important Notices continued on next page.D. 6/6 BRAHIM YOUSFI Closing Date 11/06/19 Account Ending 2003 EFT Error Resolution Notice In Case of Errors or Questions About Your Electronic Transfers Telephone us at 1-800-IPAY-AXP for Pay By Phone questions, at 1-800-528-2122 for Pay By Computer questions, and at 1-800-528-4800 for AutoPay. You may also write us at American Express, Electronic Funds Services, P.O. Box 981531, El Paso TX 79998-1531, or contact online at www.americanexpress.com/inquirycenter as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. 1. Tell us your name and account number (if any). 2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. 3. Tell us the dollar amount of the suspected error. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. End of Important Notices.