On 06/26/2012 PORTFOLIO RECOVERY filed a Contract - Debt Collection lawsuit against GABRIEL TORRES. 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.
Disposed - Dismissed
San Mateo County Superior Courts
Southern Branch Hall Of Justice And Records
San Mateo, California
RUNDQUIST, ANDREW P
DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE FILED AND ENTERED.
FILING Comment FILED: DECLARATION OF NON SERVICE FILED.
FILING (2) Comment FILED: DECLARATION OF NON SERVICE FILED.
DECLARATION Comment DECL: DECLARATION IN SUPPORT OF REDUCED FILING FEE FILED BY PORTFOLIO RECOVERYASSOCIATESLLC
DECLARATION (2) Comment DECL: DECLARATION OF VENUE FILED BY PORTFOLIO RECOVERYASSOCIATESLLC
SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.
COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED
COMPLAINT Comment COM: (S) COMPLAINT FILED
Disposition: Judgment; Judgment Type; Dismissal - Other Dismissal; Party; Name: TORRES GABRIEL; Comment: 0001 COMPLAINT; Party; Name: PORTFOLIO RECOVERYASSOCIATES,LLC; Comment: 0001 COMPLAINT.Read MoreRead Less
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.Read MoreRead Less
Document. Additional Info: FILING Comment FILED: DECLARATION OF NON SERVICE FILED.Read MoreRead Less
Document. Additional Info: FILING (2) Comment FILED: DECLARATION OF NON SERVICE FILED.Read MoreRead Less
Cause Of Action. Additional Info: Action Complaint File Date 06/26/2012Read MoreRead Less
New Filed Case.Read MoreRead Less
Declaration. Additional Info: DECLARATION Comment DECL: DECLARATION IN SUPPORT OF REDUCED FILING FEE FILED BY PORTFOLIO RECOVERYASSOCIATESLLCRead MoreRead Less
Declaration. Additional Info: DECLARATION (2) Comment DECL: DECLARATION OF VENUE FILED BY PORTFOLIO RECOVERYASSOCIATESLLCRead MoreRead Less
Summons Issued / Filed. Additional Info: SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.Read MoreRead Less
Civil Case Cover Sheet. Additional Info: COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVEDRead MoreRead Less
Conversion Minute. Additional Info: Comment *FEE: 120629-0317-CK 132/ 181.00 PAYMTRead MoreRead Less
Complaint. Additional Info: COMPLAINT Comment COM: (S) COMPLAINT FILEDRead MoreRead Less
Financial info for PORTFOLIO RECOVERYASSOCIATES,LLC : Case Payment Receipt # 201206290317 PORTFOLIO RECOVERYASSOCIATES,LLC $181.00Read MoreRead Less
Financial info for PORTFOLIO RECOVERYASSOCIATES,LLC : Transaction Assessment $181.00Read MoreRead Less
Financial: PORTFOLIO RECOVERYASSOCIATES,LLC; Total Financial Assessment $181.00; Total Payments and Credits $181.00Read MoreRead Less
Mark D. Walsh, SBN - 206059 Andrew P. Rundquist, SBN - 262523
Judson H. Price, SBN - 275475 F
Deanna Fraser, SBN - 270362 S AN MATE
Legal Recovery Law Offices, Inc. - TEO
5030 Camino de la Siesta Ste 340 OcntinTy San Diego, CA 92108
Breach of Written Contract Account Stated
GABRIEL TORRES, and DOES 1 to 10 Defendant(s),
g’ e’ s’
1. 2. E Amount demanded does not exceed $10,000 D Amount demanded exceeds $10,000 D Amount demanded exceeds $25,000
COMES NOW, i’laintiﬂ‘, PORTFOLIO RECOVERY ASSOCIATES, LLC, (hereinafter “Plaintiff) for all causes of action against all named Defendant(s), GABRIEL TORRES, (hereinafter “Defendant(s)”), and each of them, and each other Defendant sued as a DOE Defendant hereunder, and hereby complains as follows upon information and belief: |
1. Plaintifftimes mentioned ﬁerein either a corporation, a partnership, a sole proprietor, or other legal entity in good standing, and is the rightful Plaintiff authorized to collect the debt which is the subject of this action.
2. Plaintiff 1s informed and believes, and on that basis alleges that at least one Defendant is an individual who resides in the State of California.
3. Plaintiff is ignorant of the true names and capacities of the Defendants sued herein as DOES 1 through 10 inclusive, and therefore sues these Defendants by such fictitious names. Plaintiff will amend this
Complaint to insert the true names and capacities of said Defendants when they are ascertained. Plaintiff is
informed and believes and thereon alleges that each of such fictitiously named Defendants are indebted to Plaintiff as herein alleged, and that Plaintiff’s rights against such fictitiously named Defendants arise from such indebtedness.
4. This 1s the proper venue because at least one Defendant resides in this court’s jurisdiction and/or one Defendant resided in this court’s jurisdiction at the time the contract was entered into.
5. The causes of action hereinafter stated is a money demand.
6. Defendant(s) are overindebted to Plaintiff for credit received through purchases/cash advances and/or monies loaned and received and furnished to the Defendant(s) by the onginal creditor, WELLS FARGO BANK, N.A., and all related finance charges and/or late fees incurred pursuant to the terms and conditions of the contract(s). For valuable coﬁsideration, the original creditor and/or its successor-in-interest sold, assigned and/or transferred the claims underlying the;auses of action set forth in this Complaint to the Plaintiff, who is the assignee and/or sole owner of such claims with all legal nights to pursue collection of said debt(s) from the Defendant(s), and all legal right to release or satisfy said debts(s). This credit is identified by the Plaintiff as an account having the last four digits XXXXXXXXXXXX6900 (the “Account(s)”).
7. Defendant(s) agreed to pay these monies to the Original Creditor as provided for in the agreement between Defendant(s) and Original Creditor. The terms and conditions under which Defendant(s) agreed to repay these monies are set forth in a written credit card and/or loan agreement. Defendant(s) consented to these terms either by an authorizing signature on the application and/or agreement or by Defendant(s) use of the credit instrument and/or monies provided. -
9. Plaintiff and Plaintiff’s assignors and/or predecessors have duly performed all conditions on its/their part, except the conditions and covenants it was/they were excused or prevented from performing. Despite Plaintiff’s demand, Defendant(s) have not repaid Plaintiff for the charges made and/or the monies
loaned, in the amount(s) of $1,673.22.
10. Billing statements were mailed to the Defendant(s). Plaintiff is unaware of any unresolved
dispute concerning a billing error.
11. Within the past four (4) years, on or about February 28, 2009, the Defendant(s) breached the agreement by failing to pay the Original Creditor
12. Plaintiff has made a demand for payment of monies owed, but Defendant(s) has either failed, refused or neglected to pay Plaintiff as agreed. Defendant(s) are, therefore, in default under the terms of the party’s agreement.
13. No part of the above balance owed has been paid to date and said ba.lance is now due and owing from Defendant(s).
(Breach of Written Contract) (As Against All Defendants)
14, Plaintiff sets forth by reference as though fully set forth below each and every allegation of paragraph 1-13 of this Complaint.
15. The Original Creditor and Defendant(s) entered into a written contract(s) wherein at the request of Defendant(s), the Original Creditor extended credit and/or provided financing to the Defendant(s). In return, Defendant(s) agreed to make payment(s) in accordance with the terms and conditions of the cohtraét.
16. The Original Creditor sent to Defendant(s) bills reflecting, inter alia, all charges incurred with the Account(s), the payment due, and the total balance due. Where the debt at issue herein was a credit card, each statement informed Defendant(s) of the duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement.
17. Between the date of the aforementioned contract(s) to the present, Defendant(s) breached said contract(s), by ceasing or failing to make the payment due on the Account(s).
18. No part of the principal sum of $1,673.22 has been paid to date and saidowing by Defendant(s) to the Plaintiff.
19. As a direct and proximate result of Defendant(s)’ breach of said written contract, Plaintiff has been damaged in the above stated sum, together with interest thereon in the amount of $0.00 plus reasonable attorney’s fees and costs where allowed by law or contract or according to prdof.
(Account Stated) (As Against All Defendants)
20. Plaintiff sets forth by reference as though fully set forth below each and every allegation of paragraph 1 through 19 of this Complaint.
21. The Account(s) was stated in writing by and between the Original Creditor and Defendant(s) and on such statements a balance(s) of $1,673.22 was ultimately stated as due and owing.‘However; Defendant(s) has not paid the amount owing as agreed.
22. There is now due, owing, and unpaid from Defendant(s) to Plaintiff the above stated balance owed for purchases, cash advances and/or monies loaned, and finances charges and/or late fees incurred pursuant to the terms and conditions of the contract(s).
23. Plaintiff alleges that there is an Account stated by operation of law wherein the Original Creditor billed Defendant(s) for the credit balance and, upon information and belief, Defendant(s) received and held the billing statement(s) for an unreasonable time with no known protest or known notice of defects to the Original Creditor as to the charges and amounts due.
24, No part of the above balance owed has been paid and said amount is now due and owing from Defendant(s) to Plaintiff, together with interest thereon in the amount of $0.00 plus reasonable attorney’s fees and costs where allowed by law or contract or according to proof.
WHEREFORE, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC prays for judgment against Defendant(s), and each of them, as follows:
1. For the balance owed in the amount of $1,673.22;
2. Interest in the amount of $0.00. Plaintiff reserves the right to pray for an additional interest amount that may have accrued between February 28, 2009 and January 26, 2012;
3. For reasonable attorney’s fees in according to contract, law or as according to proof, or in accordance with this court’s de.fault schedule if a default is obtained;
4, For costs of suit incurred herein; and
5. For such other and further relief as the court may deem proper.
Dated: May 21, 2012