Preview
1 Erin E. Patterson, SBN 262285
Jason W. Tang, SBN 314337
2 Bora Song, SBN 329308
Patrick J. Layman, SBN 59643
3 Thomas J. Sebourn, SBN 279272
Nicholas J. Babilis, SBN 291676 1/6/2021
4 Carina M. Jordan, SBN 302099
5 SUTTELL & HAMMER, APC
P.O. Box C-90006
6 Bellevue, WA 98009
Tel: (425) 455-8220/(888) 788-8355
7 Facsimile: (425) 453-3239
california@suttelllaw.com
8
Attorneys for Plaintiff
9 s/h 751835.001
10 SUPERIOR COURT OF CALIFORNIA, FOR THE COUNTY OF BUTTE
11 NORTH COUNTY COURTHOUSE
LIMITED CIVIL JURISDICTION
12
DISCOVER BANK NO. 21CV00024
13
Plaintiff,
14 vs. COMPLAINT FOR DAMAGES
15 SHANNON WALKER Common Counts: Book Account, Account Stated
16 PRAYER AMOUNT: $6296.38
Defendant.
17
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 of the State of Delaware and is qualified to do business in the State of California.
22 2. Defendant is a natural person.
23
3. Defendant currently resides in this judicial district, therefore, jurisdiction and
24
venue are proper in this court.
25
4. The claims sued upon herein were made and entered into. The claims sued upon
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herein are due and payable in this judicial district and/or county, and are not subject to the
27
provisions of Sections 1812.10 and 2984.4 of the California Civil Code, Section 395(b) of the
28
California Code of Civil Procedure.
COMPLAINT FOR DAMAGES - 1 SUTTELL & HAMMER, APC
PO BOX C-90006; BELLEVUE, WA 98009
888-788-8355/425-453-3239 FAX
1
5. That at all times material, Defendant has been the obligor of a certain credit card
2
account bearing number XXXXXXXXXXXX0430, and that Defendant agreed by the use of
3
said credit card: (1) to assume responsibility for all credit extended on the basis of said
4
accounts; (2) to pay monthly upon the unpaid account balance, including any and all service
5
charges; and (3) upon default in payment, that all obligations shall become immediately due
6
7
and payable; and Defendant has defaulted on said agreement.
8 6. By the use of said credit account, Defendant has become indebted on said
9 account in the amount of $6296.38, which is due and unpaid despite Plaintiff’s demand.
10 CAUSES OF ACTION - COMMON COUNTS
11
7. Plaintiff realleges and incorporates herein the allegations set forth above.
12
FIRST CAUSE OF ACTION: OPEN BOOK ACCOUNT
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8. Defendant became indebted to Plaintiff within the last four (4) years on an open
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15 book account for money due.
16 9. Plaintiff kept an account of the debts and credits involved in the transactions.
17
10. Defendant owes Plaintiff the sum total of $6296.38, plus any applicable costs
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and interest accruing at the rate of 10 percent per annum on the principal amount of the money
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judgment remaining unsatisfied, for a balance due on a book account for money paid, lines of
20
21 credit extended, and/ or funds expended by or for Defendant.
22 SECOND CAUSE OF ACTION: ACCOUNT STATED
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11. Defendant became indebted to Plaintiff within the last four (4) years on an
24
account stated.
25
12. Defendant, by words or conduct, agreed that the amount stated in the account
26
27 was the correct amount owed to Plaintiff and promised to pay the stated amount.
28
COMPLAINT FOR DAMAGES - 2 SUTTELL & HAMMER, APC
PO BOX C-90006; BELLEVUE, WA 98009
888-788-8355/425-453-3239 FAX
1
13. To date, Defendant has not paid any or all of the amount owed under this
2
account.
3
14. Defendant owes Plaintiff the sum total of $6296.38, plus any and all applicable
4
5 costs and interest accruing at the rate of 10 percent per annum on the principal amount of the
6 money judgment remaining unsatisfied, for a balance due on an account stated for money
7
paid, lines of credit extended, and/or funds expended by or for Defendant.
8
9 PRAYER FOR RELIEF:
10 Plaintiff prays for judgment against Defendant as follows:
11 A. For damages in the amount of $6296.38, less any payments made;
12 B. For costs of suit incurred herein; and
13 C. For the statutory interest rate of 10 percent per annum on the principal amount of
14
the money judgment remaining unsatisfied pursuant to California Code of Civil
15
Procedure § 685.010; and
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D. For any further sum which may be proven at time of trial, and if allowed by law or
17
contract, or any other relief as the court deems just and equitable.
18
Dated __________________________
December 24, 2020
19
Respectfully Submitted,
20
21 SUTTELL & HAMMER, APC
22
SignHere ______________________________________
23 ( ) Erin E. Patterson, SBN 262285
( ) Jason W. Tang, SBN 314337
24 ( ) Bora Song, SBN 329308
( ) Patrick J. Layman, SBN 59643
25 ( ) Thomas J. Sebourn, SBN 279272
( ) Nicholas J. Babilis, SBN 291676
26 ( ) Carina M. Jordan, SBN 302099
27 Attorneys at Law
s/h 751835.001
28
COMPLAINT FOR DAMAGES - 3 SUTTELL & HAMMER, APC
PO BOX C-90006; BELLEVUE, WA 98009
888-788-8355/425-453-3239 FAX
Preview
1 Erin E. Patterson, SBN 262285 Jason W. Tang, SBN 314337 2 Bora Song, SBN 329308 Patrick J. Layman, SBN 59643 3 Thomas J. Sebourn, SBN 279272 Nicholas J. Babilis, SBN 291676 1/6/2021 4 Carina M. Jordan, SBN 302099 5 SUTTELL & HAMMER, APC P.O. Box C-90006 6 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 7 Facsimile: (425) 453-3239 california@suttelllaw.com 8 Attorneys for Plaintiff 9 s/h 751835.001 10 SUPERIOR COURT OF CALIFORNIA, FOR THE COUNTY OF BUTTE 11 NORTH COUNTY COURTHOUSE LIMITED CIVIL JURISDICTION 12 DISCOVER BANK NO. 21CV00024 13 Plaintiff, 14 vs. COMPLAINT FOR DAMAGES 15 SHANNON WALKER Common Counts: Book Account, Account Stated 16 PRAYER AMOUNT: $6296.38 Defendant. 17 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 of the State of Delaware and is qualified to do business in the State of California. 22 2. Defendant is a natural person. 23 3. Defendant currently resides in this judicial district, therefore, jurisdiction and 24 venue are proper in this court. 25 4. The claims sued upon herein were made and entered into. The claims sued upon 26 herein are due and payable in this judicial district and/or county, and are not subject to the 27 provisions of Sections 1812.10 and 2984.4 of the California Civil Code, Section 395(b) of the 28 California Code of Civil Procedure. COMPLAINT FOR DAMAGES - 1 SUTTELL & HAMMER, APC PO BOX C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX 1 5. That at all times material, Defendant has been the obligor of a certain credit card 2 account bearing number XXXXXXXXXXXX0430, and that Defendant agreed by the use of 3 said credit card: (1) to assume responsibility for all credit extended on the basis of said 4 accounts; (2) to pay monthly upon the unpaid account balance, including any and all service 5 charges; and (3) upon default in payment, that all obligations shall become immediately due 6 7 and payable; and Defendant has defaulted on said agreement. 8 6. By the use of said credit account, Defendant has become indebted on said 9 account in the amount of $6296.38, which is due and unpaid despite Plaintiff’s demand. 10 CAUSES OF ACTION - COMMON COUNTS 11 7. Plaintiff realleges and incorporates herein the allegations set forth above. 12 FIRST CAUSE OF ACTION: OPEN BOOK ACCOUNT 13 8. Defendant became indebted to Plaintiff within the last four (4) years on an open 14 15 book account for money due. 16 9. Plaintiff kept an account of the debts and credits involved in the transactions. 17 10. Defendant owes Plaintiff the sum total of $6296.38, plus any applicable costs 18 and interest accruing at the rate of 10 percent per annum on the principal amount of the money 19 judgment remaining unsatisfied, for a balance due on a book account for money paid, lines of 20 21 credit extended, and/ or funds expended by or for Defendant. 22 SECOND CAUSE OF ACTION: ACCOUNT STATED 23 11. Defendant became indebted to Plaintiff within the last four (4) years on an 24 account stated. 25 12. Defendant, by words or conduct, agreed that the amount stated in the account 26 27 was the correct amount owed to Plaintiff and promised to pay the stated amount. 28 COMPLAINT FOR DAMAGES - 2 SUTTELL & HAMMER, APC PO BOX C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX 1 13. To date, Defendant has not paid any or all of the amount owed under this 2 account. 3 14. Defendant owes Plaintiff the sum total of $6296.38, plus any and all applicable 4 5 costs and interest accruing at the rate of 10 percent per annum on the principal amount of the 6 money judgment remaining unsatisfied, for a balance due on an account stated for money 7 paid, lines of credit extended, and/or funds expended by or for Defendant. 8 9 PRAYER FOR RELIEF: 10 Plaintiff prays for judgment against Defendant as follows: 11 A. For damages in the amount of $6296.38, less any payments made; 12 B. For costs of suit incurred herein; and 13 C. For the statutory interest rate of 10 percent per annum on the principal amount of 14 the money judgment remaining unsatisfied pursuant to California Code of Civil 15 Procedure § 685.010; and 16 D. For any further sum which may be proven at time of trial, and if allowed by law or 17 contract, or any other relief as the court deems just and equitable. 18 Dated __________________________ December 24, 2020 19 Respectfully Submitted, 20 21 SUTTELL & HAMMER, APC 22 SignHere ______________________________________ 23 ( ) Erin E. Patterson, SBN 262285 ( ) Jason W. Tang, SBN 314337 24 ( ) Bora Song, SBN 329308 ( ) Patrick J. Layman, SBN 59643 25 ( ) Thomas J. Sebourn, SBN 279272 ( ) Nicholas J. Babilis, SBN 291676 26 ( ) Carina M. Jordan, SBN 302099 27 Attorneys at Law s/h 751835.001 28 COMPLAINT FOR DAMAGES - 3 SUTTELL & HAMMER, APC PO BOX C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX