On 01/04/2013 CACH, LLC filed a Contract - Debt Collection lawsuit against JOANNE M SCHROEDER. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The case status is Disposed - Dismissed.
Disposed - Dismissed
San Mateo County Superior Courts
Southern Branch Hall Of Justice And Records
San Mateo, California
JOANNE M SCHROEDER
SCHROEDER, JOANNE M
MANDARICH, CHRIS D
6301 Owensmouth Avenue Suite 850
Woodland Hills, CA 91367
FILING (2) Comment FILED: DECLARATION OF NON SERVICE FILED.
FILING Comment FILED: DECLARATION OF NON SERVICE AS TO JOANNE SCHROEDER FILED.
SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.
COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED
DECLARATION Comment DECL: DECLARATION OF VENUE FILED BY CACH LLC
COMPLAINT Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS.
Disposition: Judgment; Judgment Type; Dismissal - Other Dismissal; Party; Name: SCHROEDER JOANNE M; Comment: 0001 COMPLAINT; Party; Name: CACH, LLC; Comment: 0001 COMPLAINT.Read MoreRead Less
Document. Additional Info: FILING (2) Comment FILED: DECLARATION OF NON SERVICE FILED.Read MoreRead Less
Request for Dismissal of - WITH prejudice in its entirety. Additional Info: Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE FILED AND ENTERED.Read MoreRead Less
Document. Additional Info: FILING Comment FILED: DECLARATION OF NON SERVICE AS TO JOANNE SCHROEDER FILED.Read MoreRead Less
Cause Of Action. Additional Info: Action Complaint File Date 01/04/2013Read MoreRead Less
New Filed Case.Read MoreRead Less
Summons Issued / Filed. Additional Info: SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.Read MoreRead Less
Civil Case Cover Sheet. Additional Info: COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVEDRead MoreRead Less
Declaration. Additional Info: DECLARATION Comment DECL: DECLARATION OF VENUE FILED BY CACH LLCRead MoreRead Less
Conversion Minute. Additional Info: Comment *FEE: 130104-0238-CK 170/ 225.00 PAYMTRead MoreRead Less
Complaint. Additional Info: COMPLAINT Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS.Read MoreRead Less
Financial info for CACH, LLC : Case Payment Receipt # 201301040238 CACH, LLC $225.00Read MoreRead Less
Financial info for CACH, LLC : Transaction Assessment $225.00Read MoreRead Less
Financial: CACH, LLC; Total Financial Assessment $225.00; Total Payments and Credits $225.00Read MoreRead Less
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4. Plaintiff believes that at all times mentioned herein, each of the Defendants was, and is, the agent, servant and employee, employer of each of the other Defendants, and also acted in the capacity of and as agent of the other Defendants. Plaintiff also believes that the individual Defendants, and each of them, are jointly and severally liable that the actions described herein were taken as actions for the benefit of the Defendants’ separate and/or community property.
S. Plaintiff believes that, for value received, Defendants, and each of them, executed and delivered a credit card application to Citibank South Dakota, N.A. (Plaintiff’s assignor) or made such application for credit over the telephone or Intemnet. Pursuant to the terms of the application and the written terms and conditions sent along with the credit card, Plaintiff’s assignor provided Defendants with a credit card, and granted charge privileges on the credit card, account number XXXXXXXXXXXX0638 (the “Account”).
6. Prior to the commencement of this action, the Account was assigned for value by Citibank
South Dakota, N.A. (Plaintiff’s assignor) to the Plaintiff and Plaintiff is its current holder.
7. Defendants agreed to comply with the written terms and conditions governing the use of the Account, as it was amended from time to time, including repaying the Plaintiff’s assignor for any charges on the Account including, but not limited to, charges for the purchase of goods and services and/or cash advances and balance transfers along with the interest, late charges, over limit charges related thereto.
8. Defendants used the credit card issued on the Account to make credit card purchases and/or to take cash advances and/or to make balance transfers. Each time the Defendants used the credit card to purchase goods and services and/or to take cash advances and/or make balance transfers, Defendants reaffirmed their agreement to repay Plaintiff’s assignor for the amount for the purchase and/or cash advance and/or balance transfer, along with such other charges as may be assessed pursuant to the terms and conditions governing the Account.
9. Pursuant to the terms and conditions governing the Account, monthly statements were sent to the Defendants which itemized all payments made and charges due on the Account.
10. Within the last four years, the Defendants failed to make payments as agreed on the Account. Defendants have failed, refused and neglected to pay amounts due per the terms and conditions governing the Account.
11. As of October 09, 2012, Defendants owe the sum of $5,993.63 with interest thereon.
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12. Although demand has been made upon Defendants to pay said amount, no part has been paid,
and it is now due, owing, and unpaid together with interest thereon plus attorney’s fees.
13. Plaintiff and Plaintiff’s assignor have duly performed all promises, conditions and agreements on their part to be performed. 14. The terms and conditions governing the Account provides that the accountholder agrees to
reimburse Plaintiff’s assignor and hence, Plaintiff for the costs and expenses, including reasonable attorney’s fees, related to the collection of amounts owing on the Account. Plaintiff has been required to retain the Mandarich Law Group, LLP to pursue collection of the amounts due hereunder.
(Breach of Contract) .
15. Plaintiff refers to and incorporates paragraphs 1 through 14.
16. Defendants have breached the terms and conditions governing the Account by failing to pay amounts due and owing on the Account. |
17. As the direct and proximate result thereof, Plaintiff has been damaged in the amount of $5,993.63 plus interest thereon.
18. Plaintiff refers to and incorporates paragraph 1 through 17.
19. Within the past four years, an account was stated in writing in which it was agreed that Defendants were indebted in the amount of $5,993.63. Although demand has been made upon Defendants, no part of said amount has been paid, and it is now due, owing and unpaid from Defendants to Plaintiff with interest thereon from and after October 09, 2012.
WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows:
1. For the damages and money in the sum of $5,993.63; For interest thereon at 10 percent per annum from on and after.October 09, 2012; For reasonable attorney’s fees;
For costs of suit incurred; and
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For such other and further relief as the Court deems just and proper;
For such other and further relief as the Court deems just and proper; Plaintiff remits all damages in excess of the jurisdictional amount of this Court.
Plaintiff remits all damages in excess of the jurisdictional amount of this Court.
Dated: November 26, 2012 MANDARICH LAW GROUP, LLP