This case was last updated from San Mateo County Superior Courts on 06/20/2022 at 00:26:00 (UTC).

CACH LLC VS ELVA PERALTA

Case Summary

On 01/03/2013 CACH LLC filed a Contract - Debt Collection lawsuit against ELVA PERALTA. 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.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****8817

  • Filing Date:

    01/03/2013

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Debt Collection

  • County, State:

    San Mateo, California

 

Party Details

Plaintiff

CACH LLC

Defendant

PERALTA, ELVA

Attorney/Law Firm Details

Plaintiff Attorney

VOS, RYAN E.

 

Court Documents

Complaint.

COMPLAINT Comment COM: (S) COMPLAINT FILED

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 (2) Comment DEC: DECLARATION IN SUPPORT OF REDUCED FILING FEE

Declaration.

DECLARATION Comment DEC: DECLARATION OF VENUE

Document.

FILING Comment FILED: DECLARATION OF NON SERVICE AS TO ELVA PERALTA FILED.

Request for Dismissal of - WITH prejudice in its entirety.

DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE FILED AND ENTERED.

Complaint.

(S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

Summons Issued / Filed.

30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

Civil Case Cover Sheet.

CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Declaration.

DECLARATION IN SUPPORT OF REDUCED FILING FEE Comment DEC: DECLARATION IN SUPPORT OF REDUCED FILING FEE

Declaration.

DECLARATION OF VENUE Comment DEC: DECLARATION OF VENUE

Document.

DECLARATION OF NON SERVICE AS TO ELVA PERALTA FILED. Comment FILED: DECLARATION OF NON SERVICE AS TO ELVA PERALTA, FILED.

Request for Dismissal of - WITH prejudice in its entirety.

REQUEST FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE FILED AND ENTERED. Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE FILED AND ENTERED.

2 More Documents Available

 

Docket Entries

  • 06/04/2013
  • DispositionDisposition: Judgment; Judgment Type: Dismissal - Other Dismissal; Party; Name; PERALTA, ELVA; Comment: 0001 COMPLAINT; Party; Name; CACH LLC; Comment: 0001 COMPLAINT

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  • 06/04/2013
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  • DocketRequest for Dismissal of - WITH prejudice in its entirety.; Additional Info: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE FILED AND ENTERED. Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE FILED AND ENTERED.

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  • 01/28/2013
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  • DocketDocument.; Additional Info: DECLARATION OF NON SERVICE AS TO ELVA PERALTA FILED. Comment FILED: DECLARATION OF NON SERVICE AS TO ELVA PERALTA, FILED.

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  • 01/03/2013
  • FinancialFinancial info for CACH LLC; Case Payment Receipt # 201301030237 CACH LLC $181.00

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  • 01/03/2013
  • FinancialFinancial info for CACH LLC; Transaction Assessment $181.00

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  • 01/03/2013
  • FinancialFinancial; CACH LLC; Total Financial Assessment $181.00; Total Payments and Credits $181.00

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  • 01/03/2013
  • DocketCause Of Action.; Additional Info: Action Complaint File Date 01/03/2013

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  • 01/03/2013
  • DocketNew Filed Case.

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  • 01/03/2013
  • DocketConversion Action.; Additional Info: Comment *XFR: --> CASE NUMBER CHANGED FROM CLJ/5188117 TO CLJ/518817.

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  • 01/03/2013
  • View Court Documents
  • DocketDeclaration.; Additional Info: DECLARATION OF VENUE Comment DEC: DECLARATION OF VENUE

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  • 01/03/2013
  • View Court Documents
  • DocketDeclaration.; Additional Info: DECLARATION IN SUPPORT OF REDUCED FILING FEE Comment DEC: DECLARATION IN SUPPORT OF REDUCED FILING FEE

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  • 01/03/2013
  • View Court Documents
  • DocketCivil Case Cover Sheet.; Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 01/03/2013
  • View Court Documents
  • DocketSummons Issued / Filed.; Additional Info: 30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

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  • 01/03/2013
  • DocketConversion Minute.; Additional Info: Comment *FEE: 130103-0237-CK 132/ 181.00 PAYMT

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  • 01/03/2013
  • View Court Documents
  • DocketComplaint.; Additional Info: (S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

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Complaint Information

Chris D. Mandanich, SB 220693; Ryan E. Vos, SB 224368; Rebecca E. Hunter, SB 271420; Nathantel Clark, SB 276621; Jo-Anna Nieves, SB 276807

Mandarich Law Group, LLP

6301 Owensmouth Avenue, Suite 850

Woodland Hills, CA 91367 Local: 818-264-0111Toll Free: 877-414-0130 SAN MATEOQ COUNTY Facsimile: 818-888-1260

JAN ~ 8 2013

Attorneys for Plaintiff

CLJ518817

CACH, LLC, Case No.: Plaintiff, COMPLAINT FOR: VS. 1. BREACH OF CONTRACT

2. COMMON COUNTS ELVA PERALTA, an individual; and DOES 1 through 10 inclusive.

Defendants.

N N s ns” et “uggr? st vt “amp?’ e’

DEMAND: $3,024.28 Plaintiff alleges:

FACTS COMMON TO ALL CAUSES OF ACTION

1. Plaintiff is and at all times herein mentioned was, a Colorado Limited Liability Company, and assignee of original creditor, HSBC Bank Nevada, N.A. & its Affiliates.

2. Plaintiff is informed and believes that 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 is, the agent, s;ervant 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 is, the agent, s;ervant 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 HSBC Bank Nevada, N.A. & its Affiliates (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, Plaintiff’s assignor provided Defendants with a credit card, and granted charge privileges on the credit card, account number XXXXXXXXXXXX6447 (the “Account”).

6. Prior to the commencement of this action, the Account was assigned for value by HSBC Bank Nevada, N.A. & its Affiliates (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.

the Account. 11. As of October 09, 2012, Defendants owe the sum of $3,024.28 with interest thereon. 12. Although demand has been made upon Defendants to pay said amount, no part has been paid,

11. As of October 09, 2012, Defendants owe the sum of $3,024.28 with interest thereon. 12. Although demand has been made upon Defendants to pay said amount, no part has been paid,

and it 1s 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 $3,024.28 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 $3,024.28. 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 $3,024.28;

2 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

For costs of suit incurred; and 5. For such other and further relief as the Court deems just and proper; 6. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. Dated: November 26, 2012 MANDARICH LAW GROUP, LLP

5. For such other and further relief as the Court deems just and proper; 6. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. Dated: November 26, 2012 MANDARICH LAW GROUP, LLP

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