This case was last updated from San Mateo County Superior Courts on 07/20/2018 at 16:48:23 (UTC).

CACH, LLC V MAYRA C SILVA GALLEGOS

Case Summary

On 01/04/2013 CACH, LLC filed a Contract - Debt Collection lawsuit against MAYRA C SILVA GALLEGOS. 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 - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****8823

  • Filing Date:

    01/04/2013

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Debt Collection

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

 

Party Details

Plaintiff

CACH, LLC

Defendants

MAYRA C SILVA GALLEGOS

GALLEGOS, MAYRA C SILVA

Attorney/Law Firm Details

Plaintiff Attorney

MANDARICH, CHRIS D

6301 Owensmouth Avenue Suite 850

Woodland Hills, CA 91367

 

Court Documents

Notice of Change of Address of Attorney.

CHANGE OF ADDRESS (60) Comment NCA: NOTICE OF CHANGE OF ADDRESS OF ATTORNEY CHRIS D MANDARICH FILED

Memorandum of costs after judgment acknowledgment of credit.

MEMO OF COSTS Comment MCAIC1: MEMORANDUM OF COSTS AFTER JUDGMENT ACKNOWLEDGMENT OF CREDIT & DECLARATION OF ACCRUED INTEREST FILED BY CACH, LLC. INTEREST IN THE AMOUNT OF $204.33, COSTS IN THE AMOUNT OF $0.00 ---

Judgment by Clerk.

JUDGMENT Comment JDCL: JUDGMENT AFTER DEFAULT BY CLERK ENTERED ON 01/23/14 AS FOLLOWS:

Declaration.

DECLARATION (5) Comment DEC: DECLARATION IN SUPPORT OF DEFAULT JUDGMENT PURSUANT TO C.C.P. 585(D)

Declaration.

DECLARATION (4) Comment DEC: DECLARATION RE; ACCEPTING COPIES IN LIEU OF ORIGINALS

Declaration.

DECLARATION (3) Comment DEC: DECLARATION IN SUPPORT OF CALCULATION OF ACCRUED INTEREST AND ATTORNEYS FEES

Declaration.

DECLARATION (2) Comment D1033: DECLARATION PURSUANT TO CCP 1033(B) FILED BY CACH LLC

Request for Dismissal of Does/Roes on the -WITHOUT prejudice.

REQUEST (2) Comment REQD1: REQUEST FOR DISMISSAL OF DOES/ROES ON THE COMPLAINT OF CACH LLC WITHOUT PREJUDICE FILED AND ENTERED.

Request to enter default filed.

REQUEST Comment REQDE: REQUEST FOR DEFAULT FILED AND DEFAULT ENTERED ON COMPLAINT OF CACH LLC AS TO MAYRA C SILVA GALLEGOS.

Proof of Service of Complaint/Petition.

PROOF OF SERVICE Comment PSS: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF CACH LLC AS TO MAYRA C SILVA GALLEGOS, BY SUB-SERVING MARTIN DOE, RESIDENT. MAILING DATE OF 01/27/13.

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Declaration.

DECLARATION Comment DECL: DECLARATION OF VENUE FILED BY CACH LLC

Complaint.

COMPLAINT Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS.

2 More Documents Available

 

Docket Entries

  • 01/23/2014
  • Disposition: Judgment; Judgment Type; Judgment; Judgment - Monetary Award; Awarded To: CACH LLC; Awarded Against: GALLEGOS, MAYRA C SILVA; Comment: JUDGMENT ENTERED 01/23/14 JUDGMENT ENTERED ON COMPLAINT OF CACH, LLC FOR CACH, LLC DEFAULT JUDGMENT ENTERED AGAINST MAYRA C SILVA GALLEGOS PRINCIPAL IS $9,774.52. ATTORNEY FEES ARE $1,500.00. INTEREST IS $278.72. COSTS ARE $285.00. TOTAL JUDGMENT $11,838.24.

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  • 02/17/2015
  • View Court Documents
  • Notice of Change of Address of Attorney. Additional Info: CHANGE OF ADDRESS (60) Comment NCA: NOTICE OF CHANGE OF ADDRESS OF ATTORNEY CHRIS D MANDARICH FILED

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  • 04/30/2014
  • Conversion Minute. Additional Info: Comment *FEE: 140430-0377-CK 141/ 25.00 PAYMT

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  • 04/30/2014
  • Writ of Execution Issued. Additional Info: Comment WEM: WRIT OF EXECUTION FOR MONEY ISSUED TO SACRAMENTO COUNTY IN THE AMOUNT OF $12067.57

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  • 04/30/2014
  • Conversion Action. Additional Info: Comment CREDIT: --- CREDITS IN THE AMOUNT OF $0.00.

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  • 04/30/2014
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  • Memorandum of costs after judgment acknowledgment of credit. Additional Info: MEMO OF COSTS Comment MCAIC1: MEMORANDUM OF COSTS AFTER JUDGMENT ACKNOWLEDGMENT OF CREDIT & DECLARATION OF ACCRUED INTEREST FILED BY CACH, LLC. INTEREST IN THE AMOUNT OF $204.33, COSTS IN THE AMOUNT OF $0.00 ---

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  • 01/23/2014
  • Conversion Minute. Additional Info: Comment TOT1: TOTAL JUDGMENT $11838.24

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  • 01/23/2014
  • Conversion Minute. Additional Info: Comment COSTS: COSTS ARE $285.00.

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  • 01/23/2014
  • Conversion Minute. Additional Info: Comment INT: INTEREST IS $278.72.

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  • 01/23/2014
  • Conversion Minute. Additional Info: Comment AF: ATTORNEY FEES ARE $1500.00.

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12 More Docket Entries
  • 01/04/2013
  • Cause Of Action. Additional Info: Action Complaint File Date 01/04/2013

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  • 01/04/2013
  • New Filed Case.

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  • 01/04/2013
  • View Court Documents
  • Summons Issued / Filed. Additional Info: SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

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  • 01/04/2013
  • View Court Documents
  • Civil Case Cover Sheet. Additional Info: COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 01/04/2013
  • View Court Documents
  • Declaration. Additional Info: DECLARATION Comment DECL: DECLARATION OF VENUE FILED BY CACH LLC

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  • 01/04/2013
  • Conversion Minute. Additional Info: Comment *FEE: 130104-0298-CK 170/ 225.00 PAYMT

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  • 01/04/2013
  • View Court Documents
  • Complaint. Additional Info: COMPLAINT Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS.

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  • 01/04/2013
  • Financial info for CACH, LLC : Case Payment Receipt # 201301040298 CACH, LLC $225.00

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  • 01/04/2013
  • Financial info for CACH, LLC : Transaction Assessment $225.00

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  • 01/04/2013
  • Financial: CACH, LLC; Total Financial Assessment $225.00; Total Payments and Credits $225.00

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Complaint Information

FACTS COMMON TO ALL CAUSES OF ACTION

MAYRA C SILVA GALLEGOS, an individual; T and DOES 1 through 10 inclusive. - m

Defendants. DEMAND: $9,774.52 m

Plaintiff alleges: E

1. Plaintiff is and at all times herein mentioned was, a Colorado Limited Liability Company, and

- assignee of original creditor, Citibank South Dakota, N.A..

2. Plaintiff is informed and believes thét Defendants are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial of this action.

3. Plaintiff 1s unaware of the true names or capacities, whether individual, corporate, associate or otherwise of the Defendants sued herein as DOES 1 through 10 inclusive, and therefore, sues the Defendants by such fictitious names. Plaintiff will amend this Complaint to show their true names and

capacities once ascertained.

capacities once ascertained. 4, Plaintiff believes that at all times mentioned herein, each of the Defendants was, and 1s, 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.

4, Plaintiff believes that at all times mentioned herein, each of the Defendants was, and 1s, 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.

5. 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 Internet. Pursuant to the terms of the application and the written terms and conditions sent along with the credit card, Plamntiff’s assignor provided Defendants with a credit card, and granted charge privileges on the credit card, account number XXXXXXXXXXXX4525 (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 advan.ces 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 $9,774.52 with interest thereon.

11. As of October 09, 2012, Defendants owe the sum of $9,774.52 with interest thereon. Joumb

Joumb

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.

FIRST CAUSE OF ACTION

(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 $9,774.52 plus interest thereon.

SECOND CAUSE OF ACTION

(Account Stated)

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 $9,774.52. 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 $9,774.52;

For interest thereon at 10 percent per annum from on and after October 09, 2012;

3. For reasonable attorney’s fees; 4 For costs of suit incurred; and 5

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