On 06/26/2012 CACH, LLC filed a Contract - Debt Collection lawsuit against SYLVANA A NELWAN. 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 - Other Disposed.
*****4848
06/26/2012
Disposed - Other Disposed
San Mateo County Superior Courts
Southern Branch Hall Of Justice And Records
San Mateo, California
CACH, LLC
SYLVANA A NELWAN
NELWAN, SYLVANA A
VOS, RYAN E
Writ of Execution Return County: CONRA COSTA Status: Unsatisfied Issued on: 10/02/2013 Amount: $129 Comment County: CONRA COSTA Status: Unsatisfied Issued on: 10/02/2013 Amount: $12,928.09
CHANGE OF ADDRESS (64) Comment NCA: NOTICE OF CHANGE OF ADDRESS OF ATTORNEY RYAN E VOS FILED
MEMO OF COSTS Comment MCAIC1: MEMORANDUM OF COSTS AFTER JUDGMENT ACKNOWLEDGMENT OF CREDIT & DECLARATION OF ACCRUED INTEREST FILED BY CACH, LLC. INTEREST IN THE AMOUNT OF $98.23, COSTS IN THE AMOUNT OF $0.00 ---
JUDGMENT Comment JDCL: JUDGMENT AFTER DEFAULT BY CLERK ENTERED ON 08/27/13 AS FOLLOWS:
DECLARATION (5) Comment DEC: DECLARATION RE: ACCEPTING COPIES IN LIEU OF ORIGINALS
DECLARATION (4) Comment DLT: DECLARATION IN LIEU OF TESTIMONY FILED BY CACH LLC
DECLARATION (3) Comment DEC: DECLARATION IN SUPPORT OF CALCULATION OF ACCRUED INTEREST AND ATTORNEY FEES
DECLARATION (2) Comment D1033: DECLARATION PURSUANT TO CCP 1033(B) FILED BY CACH LLC
REQUEST (2) Comment REQDE: REQUEST FOR DEFAULT FILED AND DEFAULT ENTERED ON COMPLAINT OF CACH LLC AS TO SYLVANA A NELWAN.
REQUEST Comment REQD1: REQUEST FOR DISMISSAL OF DOES/ROES ON THE COMPLAINT OF CACH LLC WITHOUT PREJUDICE FILED AND ENTERED.
PROOF OF SERVICE Comment PSS: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF CACH LLC AS TO SYLVANA A NELWAN, BY SUB-SERVING ALLEN NEVES, EMPLOYEE. MAILING DATE OF 07/03/12.
DECLARATION Comment DECL: DECLARATION OF VENUE FILED BY CACH LLC
SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.
COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED
COMPLAINT Comment COM4: (L) COMPLAINT FILED - PRAYER AMOUNT OVER $10000.00.
Disposition: Judgment; Judgment Type; Judgment; Judgment - Monetary Award; Awarded To: CACH LLC; Awarded Against: NELWAN, SYLVANA A; Amount; Damages: $10,458.80; Pre-Judgment Interest: $396.06; Attorney Fees: $1,520.00; Costs: $430.00; Total: $12804.86; Comment: JUDGMENT ENTERED 08/27/13 JUDGMENT ENTERED ON COMPLAINT OF CACH, LLC FOR CACH, LLC DEFAULT JUDGMENT ENTERED AGAINST SYLVANA A NELWAN PRINCIPAL IS $10,458.80. ATTORNEY FEES ARE $1,520.00. INTEREST IS $396.06. COSTS ARE $430.00. TOTAL JUDGMENT $12,804.86.
Writ of Execution Return. Additional Info: Writ of Execution Return County: CONRA COSTA Status: Unsatisfied Issued on: 10/02/2013 Amount: $129 Comment County: CONRA COSTA Status: Unsatisfied Issued on: 10/02/2013 Amount: $12,928.09
Notice of Change of Address of Attorney. Additional Info: CHANGE OF ADDRESS (64) Comment NCA: NOTICE OF CHANGE OF ADDRESS OF ATTORNEY RYAN E VOS FILED
Conversion Minute. Additional Info: Comment *FEE: 131002-0057-CK 141/ 25.00 PAYMT
Writ of Execution Issued. Additional Info: Comment WEM: WRIT OF EXECUTION FOR MONEY ISSUED TO CONTRA COSTA COUNTY IN THE AMOUNT OF $12928.09
Conversion Action. Additional Info: Comment CREDIT: --- CREDITS IN THE AMOUNT OF $0.00.
Memorandum of costs after judgment acknowledgment of credit. Additional Info: MEMO OF COSTS Comment MCAIC1: MEMORANDUM OF COSTS AFTER JUDGMENT ACKNOWLEDGMENT OF CREDIT & DECLARATION OF ACCRUED INTEREST FILED BY CACH, LLC. INTEREST IN THE AMOUNT OF $98.23, COSTS IN THE AMOUNT OF $0.00 ---
Conversion Minute. Additional Info: Comment TOT1: TOTAL JUDGMENT $12804.86
Conversion Minute. Additional Info: Comment COSTS: COSTS ARE $430.00.
Conversion Minute. Additional Info: Comment INT: INTEREST IS $396.06.
Cause Of Action. Additional Info: Action Complaint File Date 06/26/2012
New Filed Case.
Declaration. Additional Info: DECLARATION Comment DECL: DECLARATION OF VENUE FILED BY CACH LLC
Summons Issued / Filed. Additional Info: SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.
Civil Case Cover Sheet. Additional Info: COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED
Conversion Minute. Additional Info: Comment *FEE: 120628-0476-CK 168/ 370.00 PAYMT
Complaint. Additional Info: COMPLAINT Comment COM4: (L) COMPLAINT FILED - PRAYER AMOUNT OVER $10000.00.
Financial info for CACH, LLC : Case Payment Receipt # 201206280476 CACH, LLC $370.00
Financial info for CACH, LLC : Transaction Assessment $370.00
Financial: CACH, LLC; Total Financial Assessment $370.00; Total Payments and Credits $370.00
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
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:
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.
(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.
(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