This case was last updated from San Mateo County Superior Courts on 07/20/2018 at 17:21:44 (UTC).

CACH, LLC VS MARILUPE ALCAIDE-ELGABRY

Case Summary

On 01/09/2013 CACH, LLC filed a Contract - Debt Collection lawsuit against MARILUPE ALCAIDE-ELGABRY. 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:

    *****8981

  • Filing Date:

    01/09/2013

  • 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

MARILUPE ALCAIDE-ELGABRY

ALCAIDE-ELGABRY, MARILUPE

Attorney/Law Firm Details

Plaintiff Attorney

SHOLANDER, NEIL

 

Court Documents

Request for Dismissal of - WITH prejudice in its entirety.

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

Conversion Action.

FILING (2) Comment NSR: NON-SERVICE REPORT FILED.

Document.

FILING Comment FILED: DECLARATION OF NON SERVICE FILED.

Declaration.

DECLARATION Comment DEC: DECLARATION OF VENUE

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 COM4: (L) COMPLAINT FILED - PRAYER AMOUNT OVER $10000.00.

 

Docket Entries

  • 07/22/2013
  • Disposition: Judgment; Judgment Type; Dismissal - Other Dismissal; Party; Name: ALCAIDE-ELGABRY MARILUPE; Comment: 0001 COMPLAINT; Party; Name: CACH, LLC; Comment: 0001 COMPLAINT.

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  • 07/22/2013
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  • Request for Dismissal of - WITH prejudice in its entirety. Additional Info: DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE FILED AND ENTERED.

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  • 06/06/2013
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  • Conversion Action. Additional Info: FILING (2) Comment NSR: NON-SERVICE REPORT FILED.

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  • 03/14/2013
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  • Document. Additional Info: FILING Comment FILED: DECLARATION OF NON SERVICE FILED.

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  • 01/09/2013
  • Cause Of Action. Additional Info: Action Complaint File Date 01/09/2013

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  • 01/09/2013
  • New Filed Case.

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  • 01/09/2013
  • View Court Documents
  • Declaration. Additional Info: DECLARATION Comment DEC: DECLARATION OF VENUE

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  • 01/09/2013
  • View Court Documents
  • Summons Issued / Filed. Additional Info: SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

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  • 01/09/2013
  • View Court Documents
  • Civil Case Cover Sheet. Additional Info: COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 01/09/2013
  • Conversion Minute. Additional Info: Comment *FEE: 130109-0708-CK 168/ 370.00 PAYMT

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  • 01/09/2013
  • View Court Documents
  • Complaint. Additional Info: COMPLAINT Comment COM4: (L) COMPLAINT FILED - PRAYER AMOUNT OVER $10000.00.

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  • 01/09/2013
  • Financial info for CACH, LLC : Case Payment Receipt # 201301090708 CACH, LLC $370.00

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  • 01/09/2013
  • Financial info for CACH, LLC : Transaction Assessment $370.00

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  • 01/09/2013
  • Financial: CACH, LLC; Total Financial Assessment $370.00; Total Payments and Credits $370.00

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Complaint Information

RYAN E. VOS, SB 224368

CHRIS D. MANDARICH, SB 220693 NEIL M. SHOLANDER, SB 225894 MANDARICH LAW GROUP, LLP 6301 Owensmouth Avenue, Suite 850 Woodland Hills, California 91367 Toll Free: 877.414.0131

Telephone: 818.264.0111

Facsimile: 818.888.1263

Attorneys for Plaintiff

FILED SAN MATEO COUNTY

CACH, LLC

120018603033 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO

CACH, LLC, ) CaseNo.: CLJ518881

Plaintiff,

MARILUPE ALCAIDE-ELGABRY, an individual; DOES 1 through 10 inclusive.

Defendant. )

Plaintiff alleges as follows:

N Nt et g “amat’ st st st "t “agst “vwut s’ ot s’ "t "o’ “ags?’

COMPLAINT FOR:

1. BREACH OF CONTRACT

2. BREACH OF PERSONAL GUARANTEE 3. UNJUST ENRICHMENT

4. ACCOUNT STATED

PRAYER AMOUNT: $14909.05

PARTIES

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

assignee of original creditor, WELLS FARGO BANK, N.A..

Plaintiff is informed and believes and thereon alleges that Defendant, MARILUPE

ALCAIDE-ELGABRY, an individual, is residing in the State of California, County of San

Mateo.

Plaintiff is unaware of the true names or capacities, whether individual, corporate

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

associate or otherwise of the Defendants sued herein as DOES 1 to 10, inclusive, and therefore sues the Defendants by such fictitious names. Plaintiff will amend this Complaint to show thei

true names and capacities once ascertained.

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 th capacity of and as agent of the other Defendants. Plaintiff also believes that the individua Defendants, and each of them, are jointly and severally liable that the actions described herei were taken as actions for the benefit of the Defendants’ separate and/or community property. Each Defendant are hereinafter referred to collectively as “Defendants”.

FACTS COMMON TO ALL CAUSES OF ACTION

1. Plaintiff believes that, for value received, Defendants, and each of them, applie for and delivered to WELLS FARGO BANK, N.A. an application for credit. Thereafter WELLS FARGO BANK, N.A. provided Defendants with credit, and granted privileges to us monies on the credit account, account number XXXXXXXXXXXXX5252 (the “Credi Account™).

2. Prior to the commencement of this action, the Credit Account was assigned for value by WELLS FARGO BANK, N.A. (“Plaintiff’s Assignor”) to the Plaintiff, and Plaintiff is the current holder of the Credit Account.

3. Defendants agreed to comply with the terms and conditions governing the use o Credit Account including repaying the Plaintiff’s Assignor for all charges on the Credit Accoun incurred for business purposes of Defendants, along with the interest, late charges, over limi charges related thereto when applicable.

4. Defendants thereafter used the Credit Account for business purposes o Defendants. Each time the Defendants used the Credit Account, Defendants reaffirmed thei agreement to repay Plaintiff’s Assignor, and by way of assignment, Plaintiff, for all monie borrowed by Defendant pursuant to the Credit Account along with such other charges as may b assessed according to the terms and conditions govemning the Credit Account.

5. Defendants have failed, refused and neglected to pay amounts due per the terms an

5. Defendants have failed, refused and neglected to pay amounts due per the terms an conditions governing the Credit Account.

conditions governing the Credit Account.

6. As of 03/09/2011, Defendants owe the sum of $14909.05 with interest thereon, fo Defendants failure to repay Plaintiff the amount Defendants’ borrowed from Plaintiff’s Assigno pursuant to the Credit Account.

7. Although demand has been made by Plaintiff upon Defendants to pay said amount, n part has been paid, and it is now due, owing, and unpaid together with applicable interest, cost and attorney’s fees.

8. Plaintiff has duly performed all promises, conditions, and agreements on its part to b performed.

9. The terms and conditions governing the Credit Account provide the Defendants agre to reimburse Plaintiff’s Assignor and subsequently, Plaintiff for the costs and expenses, including reasonable attorney’s fees, related to the collection of amounts owing on the Credi Account. Plaintiff has been required to retain the Mandarich Law Group, LLP to pursu

collection of the amounts due hereunder.

FIRST CAUSE OF ACTION

(Breach of Contract)

10. Plaintiff refers to and incorporates paragraphs 1 through 9.

11. Wi}hin the statutory timeframe, Defendants, entered into a contract with Plaintiff’ Assignor, wherein Defendants opened the Credit Account with Plaintiff’s Assignor. Th contract includes the terms of the credit application submitted by Defendants.

12. Subsequently, WELLS FARGO BANK, N.A. assigned all rights in the Credi Account to Plaintiff, and Plaintiff has performed all duties and obligations therein.

13. Pursuant to the terms and conditions of the subject contract, Defendants are obligate to pay to Plaintiff the sum of $14909.-05.

14. Defendants and each of them, have failed and have refused to pay Plaintiff the sum o $14909.05, despite demand for payment has been made and there is now due, owing and unpai

from Defendants, and each of them, to Plaintiff not less than $14909.05 together with applicabl

from Defendants, and each of them, to Plaintiff not less than $14909.05 together with applicabl interest, costs and attorney’s fees.

interest, costs and attorney’s fees.

15. Defendants have breached the terms and conditions governing the Credit Account b failing to pay the amounts due and owing on the contract.

16. As the direct and proximate result thereof, Plaintiff has been damaged in the amoun of $14909.05 together with applicable interest, costs and attorney’s fees.

SECOND CAUSE OF ACTION

(Breach of Personal Guarantee)

17. Plaintiff re-alleges and incorporates herein by reference the allegations contained i Paragraphs 1 through 16, inclusive, as though fully set forth.

18. Concurrently with the submission of the credit application, Defendants agreed t guarantee personally all debts incurred on the Credit Account. Thereafter, Defendants becam indebted to Plaintiff’s Assignor and Plaintiff in the amount of $14909.05. Despite demand b Plaintiff for repayment, Defendants have refused to pay, and continue to refuse to pay suc indebtedness to Plaintiff.

19. Plaintiff has fully performed all the terms and conditions on its part to be performe pursuant to the contract and the Personal Guarantee.

20. Although demand has been made, Defendants failed, neglected and refused to pay th amount owed to Plaintiff, in breach of the Personal Guarantee.

21. As a result of Defendants’ breach of contract and the Personal Guarantee, Plainti has been damagedless than $14909.05 together with applicable interest, cost and attorneys’ fees. Pursuant to the terms and conditions of the Personal Guarantee, Defendant are obligated to re-pay all indebtedness incurred by Defendants owing to Plaintiff. Consequently, there is now due, owing and unpaid from Defendants to Plaintiff the sum o

$14909.05 together with applicable interest, costs and attorneys’ fees.

THIRD CAUSE OF ACTION

(Unjust Enrichment - Civil Code Section 2224)

(Unjust Enrichment - Civil Code Section 2224) 22. Plaintiff re-alleges and incorporates herein by reference the allegations containe in Paragraphs 1 through 9, inclusive, as though fully set forth.

22. Plaintiff re-alleges and incorporates herein by reference the allegations containe in Paragraphs 1 through 9, inclusive, as though fully set forth.

23. On information and belief, at all relevant times, Defendants and Plaintiff had th expectation repayment should and would be made by Defendants for Defendants’ charges to th Credit Account. Plaintiff is further informed and believes Plaintiff’s Assignor neither intended nor made any representation that could be interpreted reasonably by Defendants as an intentio to furnish gratuitously the sum borrowed from the Credit Account. Additionally, Defendant never expressed a belief that Plaintiff’s Assignor’s furnishing of money pursuant to the Credi Account was done so gratuitously.

24. Because there was no agreement that Plaintiff’s Assignor would provide mone gratuitously to Defendants, Defendants each impliedly promised to re-pay Plaintiff’s Assigno for the money borrowed on the Credit Account.

25. Defendants, by the actions alleged above, have received a benefit from the mone provided by Plaintiff’s Assignor such that, under these circumstances, Defendants cannot i equity and good conscience retain said monies and for which, in the interests of justice an fairness, Plaintiff must be compensated.

26. As aresult of Defendants’ failure to recompense Plaintiff for the money furnishe by Plaintiff’s Assignor, Defendants have unjustly enriched themselves at Plaintiff’s expense. Defendants’ unjust enrichment continues to accrue as they continue to refuse to render payment.

27. To prevent unjust enrichment, Defendants should be required to render paymen for the monetary amount provided by Plaintiff’s Assignor in an amount not less than $14909.05

together with applicable interest, costs and attorneys’ fees.

FOURTH CAUSE OF ACTION COMMON COUNTS-COUNT 1

(Account Stated) 28. Plaintiff re-alleges and incorporates herein by reference the allegations containe in Paragraphs 1 through 9, inclusive, as set forth herein.

29. Within the last four years, an account was stated by and between Plaintiff’

29. Within the last four years, an account was stated by and between Plaintiff’ Assignor and Defendants, and each of them, wherein it was ascertained, determined and agree

Assignor and Defendants, and each of them, wherein it was ascertained, determined and agree

that Defendants, and each of them, were indebted to Plaintiff’s Assignor in the sum of $14909.05

together with applicable interest, costs and attorneys’ fees. No part of said sum has been paid

although demand for payment has been made by Plaintiff, and there is now due, owing, an

unpaid, the sum of $14909.05 together with applicable interest, costs and attorneys’ fees.

THEREFORE, Plaintiff prays for judgment against Defendants, and each of them, a

follows:

For the damages and money in the sum of $14909.05;

For interest thereon at 10 percent per annum from on and after 03/09/2011;

. For reasonable attormey’s fees;

For costs of suit incurred; and

. 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.

Dated: 12/05/2012 By: MAND%?Z?W ZZOU » LLP

Chris D. Mandarich Ryan E. Vos

Neil M. Sholander Attorneys for Plaintiff