This case was last updated from San Mateo County Superior Courts on 07/19/2018 at 20:15:29 (UTC).

CACH, LLC VS JENNIE C MAHAN

Case Summary

On 06/26/2012 CACH, LLC filed a Contract - Debt Collection lawsuit against JENNIE C MAHAN. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The Judges overseeing this case are Dylina, Steven L and Dylina, Steven L.. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****4843

  • Filing Date:

    06/26/2012

  • 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

Judge Details

Judges

Dylina, Steven L

Dylina, Steven L.

 

Party Details

Plaintiff

CACH, LLC

Defendants

JENNIE C. MAHAN

MAHAN, JENNIE C.

Attorney/Law Firm Details

Plaintiff Attorney

VOS, RYAN E

 

Court Documents

Document.

FILING (2) Comment FILED: NOTICE OF HEARING: OSC FOR DISMISSAL AFTER COURT'S RECEIPT OF NOTICE OF SETTLEMENT FILED.

Notice of Conditional Statement.

NOTICE Comment NCS: NOTICE OF CONDITIONAL SETTLEMENT FILED BY CACH LLC

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 JENNIE C. MAHAN, BY SUB-SERVING MR MAHAN, CO-RESIDENT. MAILING DATE OF 03/13/13.

Document.

FILING Comment FILED: DECLARATION OF NON SERVICE FILED.

Declaration.

DECLARATION (2) Comment DECL: DECLARATION IN SUPPORT OF REDUCED FILING FEE FILED BY CACH LLC

Declaration.

DECLARATION Comment DECL: DECLARATION OF VENUE FILED BY CACH LLC

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Complaint.

COMPLAINT Comment COM: (S) COMPLAINT FILED

 

Docket Entries

  • 04/12/2013
  • Disposition: Judgment; Judgment Type; Dispositioned; Party; Name: MAHAN JENNIE C.; Comment: 0001 COMPLAINT; Party; Name: CACH, LLC; Comment: 0001 COMPLAINT.

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  • 03/18/2014
  • Conversion Minute. Additional Info: Comment MICMS: ENTERED BY LORRAINE ON 03/18/14.

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  • 03/18/2014
  • Conversion Minute. Additional Info: Comment FFT: DISMISSED PURSUANT TO RULE 3.1385 OF THE CALIFORNIA RULES OF COURT.

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  • 03/18/2014
  • Conversion Minute. Additional Info: Comment FFT: PROPER NOTICE HAVING BEEN GIVEN NO OBJECTIONS HAVING BEEN FILED, THE COURT ORDERS THE CASE

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  • 03/18/2014
  • Conversion Minute. Additional Info: Comment TCS: THE COURT STATED THIS MATTER IS DISMISSED.

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  • 03/18/2014
  • Conversion Minute. Additional Info: Comment GRANT: PLAINTIFFS REQUEST TO DISMISS THIS MATTER WITH PREJUDICE IS GRANTED.

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  • 03/18/2014
  • Conversion Minute. Additional Info: Comment AT: ATTORNEY(S): STEVE SCHAIMAN FOR PLAINTIFF

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  • 03/18/2014
  • Conversion Minute. Additional Info: Judicial Officer Dylina Steven L. Comment JCR: HONORABLE STEVEN L. DYLINA, JUDGE PRESIDING. CLERK: LORRAINE GUERRERO. COURT REPORTER: DIANA MASETTI.

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  • 03/18/2014
  • Conversion Hearing. Additional Info: Judicial Officer Dylina Steven L. Comment OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION AFTER NOTICE OF CONDITIONAL SETTLEMENT

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  • 03/18/2014
  • Order to Show Cause Re: Dismissal. Additional Info: Original Type Order to Show Cause Re: Dismissal Judicial Officer Dylina Steven L. Hearing Time 9:00 AM Result Held - Comment Dept: 7 OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION AFTER NOTICE OF CONDITIONAL SETTLEMENT

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7 More Docket Entries
  • 06/26/2012
  • New Filed Case.

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  • 06/26/2012
  • View Court Documents
  • Declaration. Additional Info: DECLARATION (2) Comment DECL: DECLARATION IN SUPPORT OF REDUCED FILING FEE FILED BY CACH LLC

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  • 06/26/2012
  • View Court Documents
  • Declaration. Additional Info: DECLARATION Comment DECL: DECLARATION OF VENUE FILED BY CACH LLC

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  • 06/26/2012
  • View Court Documents
  • Summons Issued / Filed. Additional Info: SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

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  • 06/26/2012
  • View Court Documents
  • Civil Case Cover Sheet. Additional Info: COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 06/26/2012
  • Conversion Minute. Additional Info: Comment *FEE: 120628-0500-CK 132/ 181.00 PAYMT

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  • 06/26/2012
  • View Court Documents
  • Complaint. Additional Info: COMPLAINT Comment COM: (S) COMPLAINT FILED

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  • 06/28/2012
  • Financial info for CACH, LLC : Case Payment Receipt # 201206280500 CACH, LLC $181.00

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  • 06/28/2012
  • Financial info for CACH, LLC : Transaction Assessment $181.00

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  • 06/28/2012
  • Financial: CACH, LLC; Total Financial Assessment $181.00; Total Payments and Credits $181.00

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Complaint Information

Chris D. Mandarich, SB 220693; Ryan E. Vos, SB 224368; Rebecca E. Hunter, S : Nathaniel Clark, SB 276621; Jo-Anna Nieves, SB 276807 F—,EZEJ E B

Mandarich Law Group, LLP SAN MATEO COUNTY 6301 Owensmouth Avenue, Suite 850 ' Woodland Hills, CA 91367 JUN 2 8 2012

Local: 818-264-0111 Toll Free: 877-414-0130 Facsimile: 818-888-1260

Attorneys for Plaintiff

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO SOUTHERN BRANCH: HALL OF JUSTICE AND RECORDS - LIMITED JURISDICTION

CACH, LLC, Case No.. CLJ 51484 3 Plaintiff, COMPLAINT FOR: vs. 1. BREACH OF CONTRACT

2. COMMON COUNTS JENNIE C MAHAN, an individual; and DOES 1 through 10 inclusive.

Nanr “aa” e e st st s’ s’ s’ e’

Defendants. DEMAND: $1,741.69 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 onginal creditor, HSBC BANK NEVADA, N.A..

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

3. Plaintiff is 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, 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 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.

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. (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 XXXXXXXXXXXX9133 (the “Account”).

6. | Prior to the commencement of this action, the Account was assigned for value by HSBC BANK NEVADA, 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 Accou..mt 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/c;r cash advance and/or balance transfer, along with such other charges as may be assessed pursuant to the terms and conditions governing the Account.

0. 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 August 09, 2011, Defendants owe the sum of $1,741.69 with interest thereon.

11. As of August 09, 2011, Defendants owe the sum of $1,741.69 with interest thereon. 12. Although demand has been made upon Defendants to pay said amount, no part has been paid,

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 $1,741.69 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 $1,741.69. 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 August 09, 2011.

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows:

1. For the damages and money in the sum of $1,741.69; For interest thereon at 10 percent per annum from on and after August 09, 2011, For reasonable attorney’s fees;

For costs of suit incurred; and

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: May 29, 2012 MANDARICH LAW GROUP, LLP