CACH, LLC VS SYLVANA A NELWAN

Complaint Information

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

ich Law Group, LLP 6301 Owensmouth Avenue, Suite 850 ' I - Woodland Hills, CA 91367 , \OUNTY Local: 818-264-0111 SAN MATEO cO Toll Free: 877-414-0130 - Facsimile: 818-888-1260 JUN 2 6 201

A 1O \SOU

Attorneys for Plaintiff G.QFKO BYs GLERK

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

CACH, LLC, Case No.: CLJ514 84 8 Plaintiff, COMPLAINT FOR: vs. 1. BREACH OF CONTRACT

2. COMMON COUNTS SYLVANA A NELWAN, an individual; and DOES 1 through 10 inclusive.

Nt s s s e’ ot st ot ot “gs?’

Defendants. DEMAND: $10,458.80

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, WASHINGTON MUTUAL BANK.

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 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 WASHINGTON MUTUAL BANK (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 XXXXXXXXXXXX6823 (the “Account”).

6. Prior to the commencement of this action, the Account was assigned for value by WASHINGTON MUTUAL BANK (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 July 08, 2011, Defendants owe the sum of $10,458.80 with interest thereon. 12. Although demand has been made upon Defendants to pay said amount, no part has been paid,

11. As of July 08, 2011, Defendants owe the sum of $10,458.80 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 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 $10,458.80 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 $10,458.80. 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 08, 2011. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: 1. For the damages and money in the sum of $10,458.80; 2 For interest thereon at 10 percent per annum from on and after July 08, 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