Preview
PLD401
ATTORNEY OR PARTY WITHOUT ATTORNEY (Weme, Stele Ber number, end address)i FOR COURT USE OWLY
EMILYPIERCE (BAR NO. 240084)l JORDAN D. COOK (BAR NO. 178720)/LORI N. WILUAMS(BAR NO. 242885)
KRISTEN L BPJNKERHOFF (BAR NO. 283578)
PORTFOUO RECOVERY ASSOCIATES, LLC
120 CORPORATE BOULEVARD
NORFOLK, VA 23502
TELEPHONE NO:
1(866) 4268102 FAX NO. (Opdonal)
E-MAILADDRESS (Optione0:
FILED
ATTORNEY FOR (Weme). PORTFOUO RECOVERY ASSOCIATES, LLC
SUPERIOR COURT OF CAUFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 400 County Center, Room A
MAILING
SAN MATEo coUN~'AY
ADDRESS'ITY
AND ZIP CODE. Redwood Chy. CA 94063
BRANCH NAME: Soulhem Branch: Hall of Jusdce and Reconls 3 1 kt))3
PLAINTIFF: PORTFOLIO RECOVERY ASSOCIATES, LLC
DEFENDANT: BRIDGT SPERRY
' '=—~~
~x DOES 1 TO 25
CONTRACT
COMPLAINT ~ AMENDED COMPLAINT (Number):
~ CROSSCOMPLAINT ~ AMENDED CROSS4OMPLAINT (Number):
Jurisdiction(check all that apply): CASE NUMBER:
ACTION IS A LIMITEDCIVIL
~
Amount demanded
~~x does not exceed
exceeds $ 10,000
$ 10,000
but does not exceed $ 25,000
CL J5818$ 0
~~ ACTION IS AN UNLIMITEDCIVILCASE (exceeds
ACTION IS RECLASSIFIED by this amended
$ 25,000)
complaint or crosswomplaint
1.
~ from limited to unlimited
from unlimited to limited
Plaintifl(name or names):
PORTFOLIO RECOVERY ASSOCIATES, LLC
allegescauses defendant
of action against (name or names):
BRIDGT SPERRY
2. induding attachments
This pleading, and of the following number of pages:
exhibits, consists
3. a. Each above
plaintiff named is a competentadult
~x
(1)
(2)
~
except
~
plaintiff (name):
a corporation
PORTFOLIO RECOVERY ASSOCIATES,
qualified to do business
an unicorporatedentity (describe):
in California
LLC
(3) ~x other A Limited Liability Company
(specify): qualied to do businessin California
b. ~~
a.
Plaintiff (name):
has complied with the fictitious business
name laws and is doing business
under the fictitious name
(specify):
c. ~~
b. has complied with all licensing
Information about
additional
requirements
plaintiffs who are
as a licensed
not competent
(specify):
adultsis shown in Attachement3c.
4. a.
~
Each defendant
~
except
named
defendant
above is a natural
(name):
person
~ ~
except defendant (name):
(1)
(2)
(3)
~
~
a businessorganization,
a corporation
an unincorporated
form unknown
entity (describe):
(1)
(2)
(3)
~
~
a businessorganization,
a corporation
an unincorporated
form unknown
entity (describe):
(4) ~ a public entity (describe): (4) ~ a public entity (describe):
(5) ~ other (specify):
' the form is used
as a crosscomplalnt,
(5) ~ other (specify):
plastdg means erosscomphentant
and defendant means crossdefendant. Page1of 2
COMPLAINT — Contract Code of Cwll Procedure, 8 425.12
PLDC001 (Rev. January
1. 2007)
SHQRTTITLE: CASE
NUMBER'LD401
PORTFOLIO RECOVERY ASSOCIATES, LLC vs. BRIDGT SPERRY
4. (Continued)
b. The true namesof defendantssued as Does are unknown to plaintiff.
(1)~ Doe defendants
defendants and
(specify
acted
Doe numbers):
within the scope or employment.
of that agency
were the agentsor employees of the named
(2) Doe defendants (specify Doe numbers): are personswhose capacities
are unknown to
plaintiff.
c. Information about additional defendants
who are not natural
persons is containedin Attachment4c.
d. ~ Defendants who are joined under Code of Civil Procedure
section382 are(names):
5. to comply with a daims statute,
Plaintiff is required and
a.
b.
~
~ has
is excused
daims statutes,
complied with applicable
from complying because
or
(specify):
6. ~ This action to
is subject ~ Civil Codesection1812.10 Civil Codesection2984.4.
7. This court is the proper court because
a.
b.
~ a defendant
a defendant
entered into the contract
here.
when the contract was entered
lived here into.
c. ~x a defendantlives here
now.
d. the contract was to be performed
here.
e.
f.
~ a defendantis a corporation
or unincorporated
of this action
real property that is the subject
association
is located
and
here.
of business
its principal place is here.
g. ~ other(specify):
8. The following causesof action are
attached and the statementsabcove apply to each(eachcomplaint must have one or
more causes of action attached):
~ Breach of Contract
~x Common Counts
Other (specify):
9. x Other allegations:
BEFORE COMMENCEMENTOF THIS ACTION, PLAINTIFF INFORMED THEDEFENDANT(S) IN
WRITING IT INTENDED TO FILE THIS ACTIONAND THAT THIS ACTION WOULD RESULT IN A
JUDGMENT AGAINSTDEFENDANT(S) THAT WOULD INCLUDE, IF APPLICABLE, COURT COSTS AND
NECESSARY DISBURSEMENTS ALLOWED BY CCP SECTION 1033(B)(2).
10. Plaintif prays of suit; for such
for judgment for costs relief as
is fair, just, and equitable;
and for
a. ~x damages of: $1,477.36
b. x interest on the damages
(1) according to proof
x at the rate of (specify): 0 percent
per year from (date): 11/30/2011
c.~ (2)
fees
attorney's
(1)~ of:$
d. x
~
(2) according
other (SPecify):
to proof.
NOTICE TO THE DEFENDANT(S). ALL NOTICES, LETTERS, PAYMENTS, AND OTHER PAPERS ARE
TO BE MAILED TO PLAINTIFF'S ATTORNEY AT THE ADDRESS LISTED IN THE CASE CAPTION
UNLESS SUCH TIME, IF ANY, THAT YOU RECEIVE FORMAL WRITTEN NOTICE OF A CHANGE OR
SUBSTITUTION OF ATTORNEY BY PLAINTIFF.
11 The paragraphs of this pleading
allegedon information andbelief are
as follows (specify paragraph
numbers):
Date: April 12, 2013
JordanD. Cook/Lori N. Williams/Emily Pierce/Kristen
L. Brinkerhoff
lTYPE OR PRINT NAME) (SUTURE OF PLAINTIFF OR ATTORNEY)
(Ifyou wish to verify this pleading,
affix a venTIcation.)
PLOC-001 [Rav. January 1, 200yi
COMPLAINT — Contract of 2
Paea 2
PLD-C401(2)
SHORTTITLE: PORTFOLIORECOVERYASSOCIATES, LLC vs. BRIDGT SPERRY CASE NUMBER:
FIRST CAUSE OF ACTION — Common Counts
(number)
ATTACHMENTTO
(Use a separatecause
~x Complaint ~
of action form for each
Cross
cause
- Complaint
of action.)
CC-1. Plaintilf (name):
PORTFOLIO RECOVERY ASSOCIATES, LLC
allegesthat defendant(name): BRIDGT SPERRY AND ALL OTHER DEFENDANTS NAMED HEREIN, INCLUDING
became indebtedto H DOES 1 TO 25
plaintiff ~» other (name):Plaintiffs predecessor
GE CAPITAL RETAIL BANK /
OLD NAVYon an account assigned,transferred
and/or sold to Plaintiff. Plaintiffs predecessor
can
a. ~x
(1)
(2)
~
within the last four years
~x
on an open
because
book account
an account
for money due.
was stated
referred
to asPlaintiff.
between
in writing by and plaintiff and
defendant
be
in which it
b. ~ ~ ~
was agreed
within the last two years ~
that defendantwas indebted
four years
to plaintiff.
(1)
(2) ~ for money had
and
and received
for work, labor, services
for which defendant
and
by defendant
materials
promised
for the use
rendered
and benefit of plaintiff.
at the special
to pay plaintiff.
instanceand requestof defendant
the sum of $
(3) ~ the reasonable
for goods,
promised
wares, and
value.
merchandise
to pay plaintiff.
sold anddeliveredto defendantand for which defendant
the sum of $
(4)
(5)
~
~
the reasonable
for money paid,
value.
for money lent by plaintiff to defendant
laid out, and
expended
at defendant'srequest.
to or for defendant
at defendant'sspecialinstanceand
(6) ~ request.
other (specify):
CC-2. $
plus prejudgment
from (date):
interest ~ ,
accordingto proof ~
which is the reasonable
value,is due and
at the rate of
unpaiddespite plaintiff's demand,
percent per year
Plaintiff is entitled to attorney
feesby an agreement or a statute
Cl of$
accordingto proof.
CC-4. ~» Other. which is the fixed and agreed
$ 1,477.36, amount due and unpaid despitePlaintifl's demand
plus
prejudgment at the rate of 0/o per year from 11/30/2011.
interest The account was purchased from
the original creditor GE CAPITAL RETAIL BANK / OLD NAVY.
Page 3
Page1of 1
CAUSE OF ACTION—
Farm Approved for Opllonal Uae Code of Crvf1 Procedure,
ri 425 12
Judrofal Counofl of California Common Counts www.Courerrfo. o!Lgov
PLDC4)01(2) [Rev. January 1. 2009)
Preview
PLD401 ATTORNEY OR PARTY WITHOUT ATTORNEY (Weme, Stele Ber number, end address)i FOR COURT USE OWLY EMILYPIERCE (BAR NO. 240084)l JORDAN D. COOK (BAR NO. 178720)/LORI N. WILUAMS(BAR NO. 242885) KRISTEN L BPJNKERHOFF (BAR NO. 283578) PORTFOUO RECOVERY ASSOCIATES, LLC 120 CORPORATE BOULEVARD NORFOLK, VA 23502 TELEPHONE NO: 1(866) 4268102 FAX NO. (Opdonal) E-MAILADDRESS (Optione0: FILED ATTORNEY FOR (Weme). PORTFOUO RECOVERY ASSOCIATES, LLC SUPERIOR COURT OF CAUFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center, Room A MAILING SAN MATEo coUN~'AY ADDRESS'ITY AND ZIP CODE. Redwood Chy. CA 94063 BRANCH NAME: Soulhem Branch: Hall of Jusdce and Reconls 3 1 kt))3 PLAINTIFF: PORTFOLIO RECOVERY ASSOCIATES, LLC DEFENDANT: BRIDGT SPERRY ' '=—~~ ~x DOES 1 TO 25 CONTRACT COMPLAINT ~ AMENDED COMPLAINT (Number): ~ CROSSCOMPLAINT ~ AMENDED CROSS4OMPLAINT (Number): Jurisdiction(check all that apply): CASE NUMBER: ACTION IS A LIMITEDCIVIL ~ Amount demanded ~~x does not exceed exceeds $ 10,000 $ 10,000 but does not exceed $ 25,000 CL J5818$ 0 ~~ ACTION IS AN UNLIMITEDCIVILCASE (exceeds ACTION IS RECLASSIFIED by this amended $ 25,000) complaint or crosswomplaint 1. ~ from limited to unlimited from unlimited to limited Plaintifl(name or names): PORTFOLIO RECOVERY ASSOCIATES, LLC allegescauses defendant of action against (name or names): BRIDGT SPERRY 2. induding attachments This pleading, and of the following number of pages: exhibits, consists 3. a. Each above plaintiff named is a competentadult ~x (1) (2) ~ except ~ plaintiff (name): a corporation PORTFOLIO RECOVERY ASSOCIATES, qualified to do business an unicorporatedentity (describe): in California LLC (3) ~x other A Limited Liability Company (specify): qualied to do businessin California b. ~~ a. Plaintiff (name): has complied with the fictitious business name laws and is doing business under the fictitious name (specify): c. ~~ b. has complied with all licensing Information about additional requirements plaintiffs who are as a licensed not competent (specify): adultsis shown in Attachement3c. 4. a. ~ Each defendant ~ except named defendant above is a natural (name): person ~ ~ except defendant (name): (1) (2) (3) ~ ~ a businessorganization, a corporation an unincorporated form unknown entity (describe): (1) (2) (3) ~ ~ a businessorganization, a corporation an unincorporated form unknown entity (describe): (4) ~ a public entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): ' the form is used as a crosscomplalnt, (5) ~ other (specify): plastdg means erosscomphentant and defendant means crossdefendant. Page1of 2 COMPLAINT — Contract Code of Cwll Procedure, 8 425.12 PLDC001 (Rev. January 1. 2007) SHQRTTITLE: CASE NUMBER'LD401 PORTFOLIO RECOVERY ASSOCIATES, LLC vs. BRIDGT SPERRY 4. (Continued) b. The true namesof defendantssued as Does are unknown to plaintiff. (1)~ Doe defendants defendants and (specify acted Doe numbers): within the scope or employment. of that agency were the agentsor employees of the named (2) Doe defendants (specify Doe numbers): are personswhose capacities are unknown to plaintiff. c. Information about additional defendants who are not natural persons is containedin Attachment4c. d. ~ Defendants who are joined under Code of Civil Procedure section382 are(names): 5. to comply with a daims statute, Plaintiff is required and a. b. ~ ~ has is excused daims statutes, complied with applicable from complying because or (specify): 6. ~ This action to is subject ~ Civil Codesection1812.10 Civil Codesection2984.4. 7. This court is the proper court because a. b. ~ a defendant a defendant entered into the contract here. when the contract was entered lived here into. c. ~x a defendantlives here now. d. the contract was to be performed here. e. f. ~ a defendantis a corporation or unincorporated of this action real property that is the subject association is located and here. of business its principal place is here. g. ~ other(specify): 8. The following causesof action are attached and the statementsabcove apply to each(eachcomplaint must have one or more causes of action attached): ~ Breach of Contract ~x Common Counts Other (specify): 9. x Other allegations: BEFORE COMMENCEMENTOF THIS ACTION, PLAINTIFF INFORMED THEDEFENDANT(S) IN WRITING IT INTENDED TO FILE THIS ACTIONAND THAT THIS ACTION WOULD RESULT IN A JUDGMENT AGAINSTDEFENDANT(S) THAT WOULD INCLUDE, IF APPLICABLE, COURT COSTS AND NECESSARY DISBURSEMENTS ALLOWED BY CCP SECTION 1033(B)(2). 10. Plaintif prays of suit; for such for judgment for costs relief as is fair, just, and equitable; and for a. ~x damages of: $1,477.36 b. x interest on the damages (1) according to proof x at the rate of (specify): 0 percent per year from (date): 11/30/2011 c.~ (2) fees attorney's (1)~ of:$ d. x ~ (2) according other (SPecify): to proof. NOTICE TO THE DEFENDANT(S). ALL NOTICES, LETTERS, PAYMENTS, AND OTHER PAPERS ARE TO BE MAILED TO PLAINTIFF'S ATTORNEY AT THE ADDRESS LISTED IN THE CASE CAPTION UNLESS SUCH TIME, IF ANY, THAT YOU RECEIVE FORMAL WRITTEN NOTICE OF A CHANGE OR SUBSTITUTION OF ATTORNEY BY PLAINTIFF. 11 The paragraphs of this pleading allegedon information andbelief are as follows (specify paragraph numbers): Date: April 12, 2013 JordanD. Cook/Lori N. Williams/Emily Pierce/Kristen L. Brinkerhoff lTYPE OR PRINT NAME) (SUTURE OF PLAINTIFF OR ATTORNEY) (Ifyou wish to verify this pleading, affix a venTIcation.) PLOC-001 [Rav. January 1, 200yi COMPLAINT — Contract of 2 Paea 2 PLD-C401(2) SHORTTITLE: PORTFOLIORECOVERYASSOCIATES, LLC vs. BRIDGT SPERRY CASE NUMBER: FIRST CAUSE OF ACTION — Common Counts (number) ATTACHMENTTO (Use a separatecause ~x Complaint ~ of action form for each Cross cause - Complaint of action.) CC-1. Plaintilf (name): PORTFOLIO RECOVERY ASSOCIATES, LLC allegesthat defendant(name): BRIDGT SPERRY AND ALL OTHER DEFENDANTS NAMED HEREIN, INCLUDING became indebtedto H DOES 1 TO 25 plaintiff ~» other (name):Plaintiffs predecessor GE CAPITAL RETAIL BANK / OLD NAVYon an account assigned,transferred and/or sold to Plaintiff. Plaintiffs predecessor can a. ~x (1) (2) ~ within the last four years ~x on an open because book account an account for money due. was stated referred to asPlaintiff. between in writing by and plaintiff and defendant be in which it b. ~ ~ ~ was agreed within the last two years ~ that defendantwas indebted four years to plaintiff. (1) (2) ~ for money had and and received for work, labor, services for which defendant and by defendant materials promised for the use rendered and benefit of plaintiff. at the special to pay plaintiff. instanceand requestof defendant the sum of $ (3) ~ the reasonable for goods, promised wares, and value. merchandise to pay plaintiff. sold anddeliveredto defendantand for which defendant the sum of $ (4) (5) ~ ~ the reasonable for money paid, value. for money lent by plaintiff to defendant laid out, and expended at defendant'srequest. to or for defendant at defendant'sspecialinstanceand (6) ~ request. other (specify): CC-2. $ plus prejudgment from (date): interest ~ , accordingto proof ~ which is the reasonable value,is due and at the rate of unpaiddespite plaintiff's demand, percent per year Plaintiff is entitled to attorney feesby an agreement or a statute Cl of$ accordingto proof. CC-4. ~» Other. which is the fixed and agreed $ 1,477.36, amount due and unpaid despitePlaintifl's demand plus prejudgment at the rate of 0/o per year from 11/30/2011. interest The account was purchased from the original creditor GE CAPITAL RETAIL BANK / OLD NAVY. Page 3 Page1of 1 CAUSE OF ACTION— Farm Approved for Opllonal Uae Code of Crvf1 Procedure, ri 425 12 Judrofal Counofl of California Common Counts www.Courerrfo. o!Lgov PLDC4)01(2) [Rev. January 1. 2009)