On April 23, 2024 a
Complaint,Petition
was filed
involving a dispute between
Oportun, Inc,
and
Chavez, Juvenal,
for Rule 3.740 Collections $10,000 or Less Limited
in the District Court of San Bernardino County.
Preview
PLD-C-001
A TTO R N EY O R PA R TY W ITH O U T A TTO R N EY (N am e, State Bar num ber, and address): FOR COURT USE ONLY
Andrew J. Gramajo, 338144
Aldridge | Pite | Haan, LLP
Physical A ddress: 8880 R io San Diego Dr, Ste 725, San Diego, C A 92108 ELECTRONICALLY FILED
M ailing A ddress: P.O . B ox 7389, M arietta, G A 30065 SUPERIOR COURT OF CALIFORNIA
APH File No.: 24-07636 COUNTY OF SAN BERNARDINO
TELEPH O N E N O :
800-844-0045 FA X N O . (O ptional) 470-240-3441 SAN BERNARDINO DISTRICT
E -M A IL A D D R E S S (O ptional):
agramajo@aph-law.com
A T T O R N E Y FO R (N am e):
4/23/2024 9:49 AM
OPORTUN, INC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Bernardino By: Nuvia Rivera, DEPUTY
STREET ADDRESS: 247 W est Third Street
M A IL IN G A D D R E S S : 247 W est Third Street
C IT Y A N D Z IP C O D E : San B ernardino, C A 92415
BRANCH NAM E:
PLAINTIFF: OPORTUN, INC
DEFENDANT(S): Juvenal Chavez
17 DOES 1 TO
CONTRACT
CJ
X COM PLAINT CJ AM ENDED COM PLAINT (Number):
CJ CROSS-COM PLAINT CJ AM ENDED CROSS-COM PLAINT (Number):
Jurisdiction (check all that apply):
XCJ ACTION IS A LIMITED CIVIL CASE C A S E N U M B ER :
Amount demanded X does not exceed $10,000
BR
D
exceeds $10,000 but does not exceed $35,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
from limited to unlimited
CIVSB2413334
from unlimited to limited
1. Plaintiff* (name or names):
OPORTUN, INC
alleges causes of action against defendant* (name or names):
Juvenal Chavez
2. This pleading, including attachments and exhibits, consists of the following number of pages: ______
3. a. Each plaintiff named above is a competent adult
CJ §
X except plaintiff (name): OPORTUN, INC
(1) X a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) other (specify):
b.
tJ
a.
Plaintiff (name):
has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
4.
c. B
b. has complied with all licensing requirements as a licensed (specify): Bank
Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
a. Each defendant named above is a natural person
CJ§ except defendant (name):
(1)
(2)
a business organization, form unknown
a corporation
(1)
(2)
CJ§
except defendant (name):
a business organization, form unknown
a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4)CJa public entity (describe): (4)CJa public entity (describe):
(5)CJother (specify): (5)CJother (specify):
* If this form is used as a cross-complaint, plaintiff m eans cross-complaint and defendant m eans cross-defendant Page 1 of 2
Form A pproved for O ptional U se
Judicial C ouncil of C alifornia
COMPLAINT-Contract C ode of C ivil Procedure, § 425.12
PL D -C -001 [R ev. January 1, 2024]
PLD-C—001
SHORT TITLE; CASE -
OPORTUN, INC vs. Juvenal Chavez éwvg§241 3334
4. (Continued)
b. The
(1) E
true names 0f defendants sued
Doe defendants
as
(specify
Does are unknown t0 plaintiff.
Doe numbers): _________________ were the agents or employees ofthe named
c.
(2) E defendants and acted within the scope ofthat agency or employment.
Doe defendants
plaintiff.
Information about additional defendants
(speczfi/ Doe numbers): _________________
Who are not natural persons
are persons
is
Whose capacities are
contained in Attachment 4c.
unknown t0
d. Defendants who are joined under Code OfCiVil Procedure section 382 are (names):
5. I I
Plaintiffis required to comply with a claims statute, and
a. has complied With applicable claims statutes, or
b. is excused from complying because (Specify):
6.
7.
E
This court
This action
is
is subject to
the proper court because
E
a defendant entered into the contract here.
Civil Code section 1812.10 E Civil Code section 2984.4.
a defendant lived here when the contract was entered into.
a defendant lives here now.
qqt-hFDP‘Pg‘?’
the contract was to be performed here.
a defendant is a corporation or unincorporated association and its principal place ofbusiness is here.
real property that is the subject 0fthis action is located here.
other (specify):
8. The following causes 0f action are attached and the statements above apply t0 each (each complaint must have one 0r
more causes ofaction attached):
X Breach of Contract
X Common Counts
Other (specify):
9.
10.
E Other allegations:
Plaintiffprays for judgment for costs 0f suit; for such relief as is fair, just, and equitable; and for
a. X damages 0f: $5,659.20
b. interest on the damages
(1) according t0 proof
(2) at the rate of (specify): percent per year from (date):
c. I
attorney's fees
(1) 0f:
(2) according t0 proof.
d. I
X other (specify): Costs ofthis action.
11.- The paragraphs 0fthis pleading alleged on information and belief are as follows (specifi/ paragraph numbers):
Paragraph 7.
Date: 4/1 6/2024
Andrew J. Gramajo, 338144 > s/ Andrew J. Gramajo
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(Ifyou wish t0 verify this pleading, affix a verification.)
PLD-C-OOl [Rev. January 2024] Page of2
1,
COMPLAINT_C0ntract 2
Document Filed Date
April 23, 2024
Case Filing Date
April 23, 2024
Category
Rule 3.740 Collections $10,000 or Less Limited
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PLD-C-001 A TTO R N EY O R PA R TY W ITH O U T A TTO R N EY (N am e, State Bar num ber, and address): FOR COURT USE ONLY Andrew J. Gramajo, 338144 Aldridge | Pite | Haan, LLP Physical A ddress: 8880 R io San Diego Dr, Ste 725, San Diego, C A 92108 ELECTRONICALLY FILED M ailing A ddress: P.O . B ox 7389, M arietta, G A 30065 SUPERIOR COURT OF CALIFORNIA APH File No.: 24-07636 COUNTY OF SAN BERNARDINO TELEPH O N E N O : 800-844-0045 FA X N O . (O ptional) 470-240-3441 SAN BERNARDINO DISTRICT E -M A IL A D D R E S S (O ptional): agramajo@aph-law.com A T T O R N E Y FO R (N am e): 4/23/2024 9:49 AM OPORTUN, INC SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Bernardino By: Nuvia Rivera, DEPUTY STREET ADDRESS: 247 W est Third Street M A IL IN G A D D R E S S : 247 W est Third Street C IT Y A N D Z IP C O D E : San B ernardino, C A 92415 BRANCH NAM E: PLAINTIFF: OPORTUN, INC DEFENDANT(S): Juvenal Chavez 17 DOES 1 TO CONTRACT CJ X COM PLAINT CJ AM ENDED COM PLAINT (Number): CJ CROSS-COM PLAINT CJ AM ENDED CROSS-COM PLAINT (Number): Jurisdiction (check all that apply): XCJ ACTION IS A LIMITED CIVIL CASE C A S E N U M B ER : Amount demanded X does not exceed $10,000 BR D exceeds $10,000 but does not exceed $35,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited CIVSB2413334 from unlimited to limited 1. Plaintiff* (name or names): OPORTUN, INC alleges causes of action against defendant* (name or names): Juvenal Chavez 2. This pleading, including attachments and exhibits, consists of the following number of pages: ______ 3. a. Each plaintiff named above is a competent adult CJ § X except plaintiff (name): OPORTUN, INC (1) X a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) other (specify): b. tJ a. Plaintiff (name): has complied with the fictitious business name laws and is doing business under the fictitious name (specify): 4. c. B b. has complied with all licensing requirements as a licensed (specify): Bank Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. a. Each defendant named above is a natural person CJ§ except defendant (name): (1) (2) a business organization, form unknown a corporation (1) (2) CJ§ except defendant (name): a business organization, form unknown a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4)CJa public entity (describe): (4)CJa public entity (describe): (5)CJother (specify): (5)CJother (specify): * If this form is used as a cross-complaint, plaintiff m eans cross-complaint and defendant m eans cross-defendant Page 1 of 2 Form A pproved for O ptional U se Judicial C ouncil of C alifornia COMPLAINT-Contract C ode of C ivil Procedure, § 425.12 PL D -C -001 [R ev. January 1, 2024] PLD-C—001 SHORT TITLE; CASE - OPORTUN, INC vs. Juvenal Chavez éwvg§241 3334 4. (Continued) b. The (1) E true names 0f defendants sued Doe defendants as (specify Does are unknown t0 plaintiff. Doe numbers): _________________ were the agents or employees ofthe named c. (2) E defendants and acted within the scope ofthat agency or employment. Doe defendants plaintiff. Information about additional defendants (speczfi/ Doe numbers): _________________ Who are not natural persons are persons is Whose capacities are contained in Attachment 4c. unknown t0 d. Defendants who are joined under Code OfCiVil Procedure section 382 are (names): 5. I I Plaintiffis required to comply with a claims statute, and a. has complied With applicable claims statutes, or b. is excused from complying because (Specify): 6. 7. E This court This action is is subject to the proper court because E a defendant entered into the contract here. Civil Code section 1812.10 E Civil Code section 2984.4. a defendant lived here when the contract was entered into. a defendant lives here now. qqt-hFDP‘Pg‘?’ the contract was to be performed here. a defendant is a corporation or unincorporated association and its principal place ofbusiness is here. real property that is the subject 0fthis action is located here. other (specify): 8. The following causes 0f action are attached and the statements above apply t0 each (each complaint must have one 0r more causes ofaction attached): X Breach of Contract X Common Counts Other (specify): 9. 10. E Other allegations: Plaintiffprays for judgment for costs 0f suit; for such relief as is fair, just, and equitable; and for a. X damages 0f: $5,659.20 b. interest on the damages (1) according t0 proof (2) at the rate of (specify): percent per year from (date): c. I attorney's fees (1) 0f: (2) according t0 proof. d. I X other (specify): Costs ofthis action. 11.- The paragraphs 0fthis pleading alleged on information and belief are as follows (specifi/ paragraph numbers): Paragraph 7. Date: 4/1 6/2024 Andrew J. Gramajo, 338144 > s/ Andrew J. Gramajo (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (Ifyou wish t0 verify this pleading, affix a verification.) PLD-C-OOl [Rev. January 2024] Page of2 1, COMPLAINT_C0ntract 2