This case was last updated from San Mateo County Superior Courts on 07/19/2018 at 20:12:51 (UTC).

CACH, LLC VS JOSE L MELGOZA

Case Summary

On 06/26/2012 CACH, LLC filed a Contract - Debt Collection lawsuit against JOSE L MELGOZA. 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:

    *****4822

  • Filing Date:

    06/26/2012

  • Case Status:

    Disposed - Dismissed

  • 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

JOSE L MELGOZA

MELGOZA, JOSE L

Attorney/Law Firm Details

Plaintiff Attorney

VOS, RYAN E

 

Court Documents

Request for Dismissal of - WITH prejudice in its entirety.

DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

Document.

FILING 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 JOSE L MELGOZA, BY SUB-SERVING MARIA MELGOZA. MAILING DATE OF 07/09/12.

Declaration.

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

Declaration.

DECLARATION (2) 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

  • 08/23/2012
  • Disposition: Judgment; Judgment Type; Dispositioned; Party; Name: MELGOZA JOSE L; Comment: 0001 COMPLAINT; Party; Name: CACH, LLC; Comment: 0001 COMPLAINT.

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  • 06/25/2013
  • Conversion Hearing. Additional Info: Comment OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION AFTER NOTICE OF CONDITIONAL SETTLEMENT

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  • 06/25/2013
  • Order to Show Cause Re: Dismissal. Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: 7 OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION AFTER NOTICE OF CONDITIONAL SETTLEMENT

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  • 06/11/2013
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  • Request for Dismissal of - WITH prejudice in its entirety. Additional Info: DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

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  • 11/16/2012
  • Conversion Action. Additional Info: Comment *620*: HCMO CALENDARED ON 06/25/13 IN DEPT. TBA. HAS BEEN UPDATED TO 06/25/13 IN DEPT. 7.

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  • 09/04/2012
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  • Document. Additional Info: FILING Comment FILED: NOTICE OF HEARING: OSC FOR DISMISSAL AFTER COURT'S RECEIPT OF NOTICE OF SETTLEMENT FILED.

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  • 08/23/2012
  • Conversion Action. Additional Info: Comment CDCS: CASE DISPO`D - CONDITIONAL SETTLEMENT FILED

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  • 08/23/2012
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  • Notice of Conditional Statement. Additional Info: NOTICE Comment NCS: NOTICE OF CONDITIONAL SETTLEMENT FILED BY CACH LLC

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  • 07/09/2012
  • View Court Documents
  • Proof of Service of Complaint/Petition. Additional Info: PROOF OF SERVICE Comment PSS: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF CACH LLC AS TO JOSE L MELGOZA, BY SUB-SERVING MARIA MELGOZA. MAILING DATE OF 07/09/12.

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  • 06/26/2012
  • Cause Of Action. Additional Info: Action Complaint File Date 06/26/2012

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  • 06/26/2012
  • New Filed Case.

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  • 06/26/2012
  • View Court Documents
  • Declaration. Additional Info: DECLARATION 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 (2) 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: 120628-0606-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 # 201206280606 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

Chnis D. Mandarich, SB 220693; Ryan E. Vos, SB 224368; Rebecca E. Hunter, SB 271420; Nathaniel Clark, SB 276621; Jo-Anna Nieves, SB 276807

Mandarich Law Group, LLP

6301 Owensmouth Avenue, Suite 850

Woodland Hills, CA 91367 Local: 818-264-0111 HHL L Toll Free: 877-414-0130 O COUNT Facsimile: 818-888-1260 SAN MATE

Attomneys for Plaintiff

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

CACH, LLC, Case No.: CLl51489% Plaintiff, COMPLAINT FOR: vs. 1. BREACH OF CONTRACT

2. COMMON COUNTS JOSE L MELGOZA, an individual; and DOES 1 through 10 inclusive.

Nt e e st “wumt “amt s’ s v s’

Defendants. DEMAND: $3,214.43 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 Consumer Lending USA Inc..

2. Plaintiff 1s 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, 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 consumer loan application to HSBC Consumer Lending USA Inc. (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 consumer loan, Plaintiff’s assignor provided Defendants with a consumer loan, and granted charge privileges on the consumer loan, account number XXXXXXXXXX3241 (the “Account™).

6. Prior to the commencement of this action, thé Account was assigned for value by HSBC Consumer Lending USA Inc. (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 consumer loan 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 consumer loan to purchase goods and services and/or to tak.e 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 paymenfs 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 July 27, 2011, Defendants owe the sum of $3,214.43 with interest thereon. 12, Although demand has been made upon Defendants to pay said amount, no part has been paid,

11. As of July 27, 2011, Defendants owe the sum of $3,214.43 with interest thereon. 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 attorriey’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 $3,214.43 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 $3,214.43. 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 July 27, 2011.

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

1. For the damages and money in the sum of $3,214.43;

2 For interest thereon at 10 percent per annum from on and after July 27, 2011;

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: May 29, 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: May 29, 2012 MANDARICH LAW GROUP, LLP