Cynthia N. Murphy sues Walt Urias for unauthorized credit card use and loans.

AMENDMENT TO ORIGINAL FILING CASE #L25-04484 CYNTHIA N. MURPHY 103 Glenbridge Court Pleasant Hill, CA 94523 Ph: 925-899-6863 Email: cindymurphy681963@gmail.com Plaintiff IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA CYNTHIA N. MURPHY ) ) Case No.: L25-04484 Plaintiff, ) ) COMPLAINT FOR: V. ) ) 1. UNJUST ENRICHMENT WALT URIAS, and DOES 1-20 ) 2. BREACH OF FIDUCIARY DUTY Inclusive, ) 3. CONVERSION ) 4. ACCOUNT STATED Defendants. ) ) (First Amended Complaint) ) ) LIMITED CIVIL CASE ) DEMAND $26,000.35 Plaintiff hereby alleges as follows: PARTIES, JURISDCITION AND V ENUE 1. Plaintiff CYNTHIA N. MURPHY ("Plaintiff') at all times material hereto resided within Contra Costa County, California. 2. Defendant WALT URIAS ("Defendant") at all times material hereto resided within Contra Costa County, California. 3. This Court has jurisdiction over this matter and venue is proper in Contra Costa County, California. 4. All acts complained of herein occurred in Contra Costa County, California. 5. Plaintiff does not know the true names and capacities of Defendants sued herein as DOES 1 THROUGH 20 ("DOE Defendants"), inclusive and therefore Plaintiff sues said Defendants by fictitious names. Plaintiff will amend the Complaint to set forth the true names and capacities of each DOE Defendant when they are ascertained. GENERAL ALLEGATIONS 7. In April 2023 and August 2023 Defendant got a hold of Plaintiff's Home Depot Credit Card and made certain unauthorized purchases totaling the amount of $16.048.21. 8. In January 2024, Defendant took a loan from Plaintiff in the amount of $4,000, a second loan in the amount of $1480, and also engaged in unauthorized use of her Home Depot Credit Card for purchases in the amount of $2636.45. 9. Defendant was expected to make payments toward the balance owed but failed to do so. Defendant tendered payments periodically in 2023 but then stopped attempting to pay by 2024 except for one payment made for $1000 in April 2024 after unauthorized used of the Home Depot card. 10. In April 2024 Defendant again engaged in unauthorized use of Plaintiff's Home Depot Credit Card for purchases in the amount of $459.90 and Plaintiff reported him to the Martinez City Police and the company of Home Depot. 11. For the next several months, the balance on the Home Depot account continued to accumulate interest at a rate of hundreds of dollars per month. 12. Plaintiff continued to pay on the credit card and continued to notify Defendant that he needed to pay the amounts owed. FIRST CAUSE OF ACTION UNJUST ENRICHMENT 14. Plaintiff reinstates and incorporates the allegations contained in preceding paragraphs as if fully stated herein. 15. From 2023 to 2024 Plaintiff made loans to Defendant in various amounts and he utilized her Home Depot Credit Card without authorization charging large sums on multiple occasions with promises to pay back Plaintiff for everything. 16. Defendant kept these funds and upon information and belief has continued to make substantial personal purchases including a car (despite already owning a truck for his business), furniture for new living space, trips, sporting events, etc. and still has not returned most of the funds collected from Plaintiff. 17. Defendant has made promises to pay back plaintiff but currently owes Plaintiff in the amount of $26,000.35 and Plaintiff is entitled to repayment of this sum with interest. SECOND CAUSE OF ACTION BREACH OF FIDUCIARY DUTY 18. Plaintiff reinstates and incorporates the allegations set forth in the preceding paragraphs as if fully set forth herein. 19. Plaintiff made the funds she loaned Defendant accessible to him because she trusted that he would pay her when expected to do so. 20. Likewise, Plaintiff made her Home Depot Credit Card accessible to Defendant because she trusted him not to make unauthorized purchases. 21. Defendant violated Plaintiff's trust and incurred tens of thousands of dollars in financial liabilities with promises to pay Plaintiff back, Plaintiff is thus entitled to repayment of the sum owed with interest. THIRD CAUSE OF ACTION CONVERSION 22. Plaintiff reinstates and incorporates the allegations contained in preceding paragraphs as if fully stated herein. 23. Plaintiff believes and alleges that Defendant has knowingly converted the amounts owed to his own for his own use causing Plaintiff damages in the amount of $27,592 with interest, fees and court costs. 24. Said conversion was oppressive, fraudulent, willful and malicious entitling Plaintiff punitive damages. FOURTH CAUSE OF ACTION ACCOUNT STATED 25. Plaintiff reinstates and incorporates the allegations set forth in the preceding paragraphs as though fully set forth herein. 26. An account was stated in writing between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff in the amount of $26,000.35. Although demand has been made this sum has not been paid and is now due plus interest, fees and costs. 27. Plaintiff has in her possession several electronic communications with Defendant including text messages, Zelle payment requests, emails, etc. whereby the parties discuss the amounts owed and Defendant has made promises to pay. 28. After several months of hoping and expecting Defendant to pay the amounts owed, Plaintiff realized Defendant is unwilling to pay and she moved forward with filing this case. WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1. For $26,000.35 plus pre-judgment interest, and post-judgment interest at the legal rate; 2. For Costs incurred in bringing this action; 3. For Reasonable attorney's fees. 4. For such other relief as the Court may deem just and appropriate. Dated this 2 day of July 2025. /s/ Cynthia N Murphy, Plaintiff State of: Virginia City/County of: Suffolk SUBSCRIBED AND SWORN TO before me this 2nd day of July, 2025 by Cynthia N. Murphy (NOTARY SEAL COMMONWEALTH OF VIRGINIA) /s/ Renita Faye Mason, Notary Public/Deputy Clerk My Commission Expires: 04/30/2029 My registration # 7912290 REGISTRATION NUMBER 7912290 COMMISSION EXPIRES April 30, 2029 Notarized remotely online using communication technology via Proof. CCT 6955644; Mar. 18, 25; Apr. 1, 8, 2026