UNIFUND CCR VS SUAIMA BARAJAS

Complaint Information

: PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Narme, State Bar number, and address) Matthew W. Quall, 183759 Manuel E. Ignacio, 279191 Christopher A. Miguel 283127 Lang, Richert & Patch 5200 NORTH PALM AVE, Suite 401 FRESNO, CA 93704

TELEPHONE NO. (888) 564-6118 ::3:”:,,%,). (559)-228-6727

E-MAIL ADDRESS F I L

. (Opftionai) ATTORNEY FOR (Name): Plaintiff, UNIFUND CCR, LLC SAN MATEO COUNTY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO :

STREET ADDRESS. 400 COUNTY CENTER SECOND FLOOR JAN - 8 2013

MAILING ADDRESS

ciry ANDZIP CODE. Redwood City, CA 94063 BRANCHNAME. Civil Division PLAINTIFF: UNIFUND CCR, LLC, a LLC doing business in California DEFENDANT: SUAIMA BARAJAS, an individual, and Does 1-100, inclusive

X] DOES 1 TO 100

FOR COURT USE ONLY CONTRACT

[X] COMPLAINT [ ] AMENDED COMPLAINT (Number): ] CROSS-COMPLAINT [ ] AMENDED CROSS-COMPLAINT (Number, Jurisdiction (check all that apply):

[X] ACTION IS A LIMITED CIVIL CASE

Amount demanded [X] does not exceed $10,000

[] exceeds $10,000 but does not exceed $25,000 \ [ ] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)2

[ ] ACTION IS RECLASSIFIED by this amended complaint or cross-complaint [ ] from limited to unlimited from unlimited to limited

CASE NUMBER

1. Plaintiff* (name or names): UNIFUND CCR, LLC, a LLC doing business in California

alleges causes of action against defendant* (name or names): SUAIMA BARAJAS, an individual.

2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. a. Each plaintiff named above is a competent adult [X] except plaintiff (name): UNIFUND CCR, LLC (1) [ ] acorporation qualified to do business in California (2) [X] an unincorporated entity (describe): UNIFUND CCR, LLC, a LLC doing business in California. (3) [ ] other (specify): b. [ ] Plaintiff (name): : a. [ ] has complied with the fictitious business name laws and is doing business under the fictitious name (specify):

b. [ ] has complied with all licensing requirements as a licensed (specify): c. [ ] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.

4 a Each defendant named above is a natural person

[ ] except defendant (name): [ ] exceptdefendant (name): (1) [ ] abusiness organization, form unknown (1) [ ] abusiness organization, form unknown (2) [ ] acorporation (2) [ ] acorporation (3) [ ] anunincorporated entity (describe): (3) [ ] an unincorporated entity (describe): (4) [ ] a public entity (describe): (4) [ ] apublic entity (describe) (5) [ ] other (specify): (5) [ ] Other (specify): Page 1 of 4

PLD-C-001

', [ SHORT TITLE: UNIFUND CCR. LLC v. SUAIMA BARAJAS

4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff.

(1) [X] Doe defendants (specify Doe numbers): _1-50 were the agents or employees of the named defendants and acted within the scope of that agency or employment.

(2) [X] Doe defendants (specify Doe numbers): _51-100 are persons whose capacities are unknown to plaintiff.

c. [ ] Information about additional defendants who are not natural persons is contained in Attachment 4c. d. [ ] Defendants who are joined under Code of Civil Procedure section 382 are (names):

5. [ ] Plaintiff is required to comply with a claims statute, and a. [ ] has complied with applicable claims statutes, or b. [ ] is excused from complying because (specify): 6 [ ] This action is subjectto [ ] Civil Code section 1812.10 [ ] Civil Code section 2984 .4,

7. This court is the proper court because

. [ ] adefendant entered into the contract here.

. [ 1 adefendant lived here when the contract was entered into.

. [X] a defendant lives here now. [ ] the contract was to be performed here. [ ] adefendant is a corporation or unincorporated association and its principal place of business is here. [ ] real property that is the subject of this action is located here.

. { ] other (specify):

@ o0 ao0o

8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of . attached):

[X] Breach of Contract [X] Common Counts [ 1 Other (specify):

9. [ ] Other allegations:

10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. [X] damages of: $ 8,574.07 b. [X] interest on the damages (1) [ ] according to proof (2) [X] at the rate of (specify). 10.00 percent per year from (date): 06/09/2010 c. [X] attorney’'s fees

(1) [ Jof$ (2) [X] according to proof.

d. [ ] other (specify):

11. [ ] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):

2| ,'?./ Date: Matthew W. Quall, 183759 > Ow__/ Manuel E. Ignacio, 279191 Christopher A. Miguel 283127

(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)

(If you wish to verify this pleading, affix a verification.)

(If you wish to verify this pleading, affix a verification.) SORTTME NFUGCCR v SURMAGARAS | cAemwem -} SHORT TITLE: UNIFUND CCR, LLC v. SUAIMA BARAJAS CASE NUMBER:

SORTTME NFUGCCR v SURMAGARAS | cAemwem -} SHORT TITLE: UNIFUND CCR, LLC v. SUAIMA BARAJAS CASE NUMBER:

Second (number)

CAUSE OF ACTION - COMMON COUNTS

ATTACHMENT TO [X] Complaint [ ] Cross - Complaint (Use a separate cause of action form for each cause of action.)

CC-1. Plaintiff (name): UNIFUND CCR, LLC, a LLC doing business in California alleges that defendant (name). SUAIMA BARAJAS became indebted to [ ] plaintiff [X] other (name): Plaintiff's predecessor in interest, CITIBANK, NA

a. [X] within the last four years (1) [X] on an open book account for money due. (2) [ ]because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.

b. [X] within the last [ ] two years [X]four years (1) [ ]for money had and received by defendant for the use and benefit of plaintiff. (2) [ ]for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promises to pay plaintiff [ ] the sumof $ [ ] the reasonable value. (3) [ ]for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [ ]the sumof $ [ ] the reasonable value. (4) [X] for money lent by plaintiff to defendant at defendant's request. (5) [X] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) [ ]other (specify):

CC-2. $8574.07, which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest [ ] according to proof [X] at the rate of 10.00 percent per year from (date). 06/09/2010

CC-3. [X] Plaintiff is entitled to attomey fees by an agreement or a statute [] of$ [X] according to proof.

CC4. [ ]Other:

PLD-C-001 [Rev. January 1. 2007 Complaint- Contract Page 4 of 4