Complaint Limited Up to 10K

Cal. Super. - 6th Dist.May 20, 2019

E-FILED 5/20/2019 12:22 PM Clerk of Court Superior Court of CA, County of Santa Clara 19CV348347 Reviewed By: Yuet Lai 19CV348347 IQ OOWNOU‘IAW Rvan V05 813224368 Christopher Mandarich 53220693 Christine S. Siduguen 88240380 Gisscla Arrincon-Tepeli 58309803 Joel E. Sherer SB32|988 Christopher D. Mandarich SB 220693 MANDARICH LAW GROUP. LLP P.O. Box 109032 Chicago. IL 60610 Phone: 877.285.4918 Facsimile: 818-888-1260 Attorneysgfur Plainlg’fl} Cavalry SPV 1. [.L(' SUPERIOR COURT 0F THE STATE OF CALIFORNIA IN AND FOR THE COUNTY 0F SANTA CLARA - LIMITED CAVALRY SPV l. LLC . Case N0. Plaintiff. COMPLAINT FOR: vs. l. ACCOUNT STATED HELEN NGO. an individual: 2. OPEN BOOK ACCOUNT and DOES 1 through lO inclusive. Defendam' DEMAND: 53,951.30 Plaintiffallcgcs: FACTS COMMON TO ALL CAUSES 0F ACTION |.Plaimiffis and at all times herein mentioned. CAVALRY SPV l. LLC . and successor in interest Io original creditor. Citibank. N.A.. 2.PlainIiIT is the only entity that purchased Ihc debt afier charge-ol‘f and its namc and address is as follows: CAVALRY SPV l. LLC 500 Summit Lake Drive Valhalla NY 10595. 3.Plaintiff is a debt buyer. and is the sole owner OfIhc debt at issue. 4.Thc charge-ofi‘creditor at [he time ofchargc-off is (‘ITIBANK N.A.. 701 EAST 60TH STREET NORTH SIOUX FALLS. SD 571 I7. and the account number associated with this debt is XXXXXXXXXXXX4I58. 5.Plaimiff is informed and believes that Defendant arc indiViduals “ho currently rcsidd COMPLAINT-l OfS Id la.) within Ihejurisdictional boundaries ofthe above entitled Court. Therefore. this Coun is the proper Court for trial oflhis action. 6.'l‘he name and last known address of the debtor as they appeared in the chargc-off creditor's records prior to the sale ()flhe debt is HELEN NGO. 5I88 MANXWOOD PL . SAN JOSE. CA 951 | 1. 7.Plaintif‘f is unaware of the true names 0r capacities. whether individual. corporate. associate or otherwise of‘lhe Defendant sued herein as DOES I through IO inclusive. and therefore. sued the Defendant by such fictitious names. Plaintiffwill amend this Complaint t0 show their true names and capacities once ascertained. 8.Plaintiffbelieves and at all times mentioned herein. each ofthe Defendant was. and is. the agent. servant and employee. employer 0f cach OfIhe other Defendant. and also acted in the capacity ofand as agent orthe other Defendant. Plaintiffalso believes that the individual Defendant. and each ol‘lhem. arejointly and severally liable that the actions described herein were taken as actions for the benefit oflhe Defendant's separate and/or community property. 9.Plaintiff believes that. for value received. Defendant and each of them. executed and delivered a credit card application 10 the original creditor. Citibank. N.A. or made such application over the telephone or Intemel. Pursuant lo the aforementioned application. Citibank. N.A. provided Defendant with a credit account. and granted use privileges on the same. account number XXXXXXXXXXXX-H 58 (hereinafter "Accounl"). 10.Pri0r lo the commencement 0f this action. the Account was assigned for value 10 the Plaintiffand Plaintiffis its current holder. | l.Defendant agreed t0 repay Citibank. NA. and any successors in interest. for any chargeé 0n the Account including. but not limited l0. charges for purchase ofgoods and service and/or cash advances and balance. 12.Defcndam used the Account t0 make purchases and/or t0 take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account Io purchase goods and services COMPLAINT-Z ul‘ 5 0000\10U‘JAWN- \I 0‘ UI 4A LN h) - 00 and/or take cash advances and/or make balance transfers. Defendant reaffirmed their agreement to repay Citibank. N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Monthly statements were sent to Defendant which itemized all payments made and charges due 0n the Account. 14.The date of last payment 0n the subject account was 0n 0r about January 15. 201 8. 15.Within [he last four years. the Defendant failed to make payments as agreed on lhc Account. Defendant has failed. refused and neglected Io pay amounts due 0n the Account. |6.The debt balance at chargc-oihvas $4002.73. and upon information and bclieftherc is $0.00 in post charge off fees and $0.00 in post charge off interest. l7.Subsequent to chargc-OIT. and after applying any and all applicable payments and credits. the Defendant (mes Plaintifi" $3.95 I .30. l8.Allh0ugh demand has bccn made upon said Defendant to pay said amount. no part has been paid. and it is now due and owing. l9.Upon information and belief. Citibank. NA. and successors in interest including Plainlifi'have duly performed all promises. conditions and agreements herein. ZOJ’Iaimiffhas complied with Califomia Civil Code Section |788.52. 2|.Plaimiff has attached hereto as Exhibit A and incorporated herein by reference a cop} of Billing Statement and/or Account Records provided 10 the Defendant \xhile the account was active. demonstrating that the debt “as incurred by the Defendant us described in California Civil Code section l788.52(b). 22.PlaintifT has attached hereto as Exhibit B and incorporated herein by reference a cop) ofthc Final Billing Statement and/or Transaction History. 23.Up0n opening the Account with Citibank. N.A.. the Defendant(s) agree l0 reimburse Citibank. N.A.. and hence Plaintifi'as successor in interest for the costs rclatcd lo the collection 0f amounts owing 0n the Account. Plaintiffhus been required 10 rclain Mandarich Law Group. LLP (‘()MPLAIN'I'-3 nfS f0 OOOONOLIIAUJ ll to pursue collection oflhe amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.Plaintiffrcfcrs to and incorporates paragraphs l through 23. 25.Within the past 4 years. an account was stated in writing in which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant. said amount 0f $3.95 1 .30 has n01 been paid. and it is now due. owing and unpaid from Defendant lo Plaintiff. as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.PlaintifT refers t0 and incorporates paragraphs l through 25. 27.Wilhin the past 4 years. Defendant and each 0fthem became indebted in the amount 0f the previously mentioned herein for a balance due 0n a book account for goods sold and delivered and/or services rendered by Citibank. N.A.. Although demand has been made upon Defendant‘ said amount 0f $3.95|.30 has not been paid. and it is now due. owing and unpaid including atIomey‘s fees from Defendant lo Plaintiffas successor in interest. CUMI’LAlN l-4 ofS ooooxlaxuugwm... ll WHEREFORE. Plaintiffprays forjudgmem against the Defendant as follows: l. For the damages and money in the sum of $3.95 l .30. 2. For costs of suit incurred; and 3. For such other and further relief as [he Court deemsjust and proper. 4. Plaintiff remits all damages in excess ()fthejurisdictional amount oflhis Court. Dated: 05/06/20“) By: MANDARICH jE / IRyan Vos Esq. l ] Lisa Henne Esq [ ](hristine S Siduguen Esq. ]Gissela Arrincon--Tcpeli Esq. Wei E Sherer. Esq. [ ] Christopher D. Mandarich Esq. morm’) s'for Plaintiff COMPLAINT-S ufS EXHIBIT A Citi Thank ou® Preferred Card HELEN NGO Wemoer Since 20M Accent mmne' e'xcmg h: 4158 BiH'nq 39'ihd12/27/17-Ol/24/IB www.cltlcards.com Customer Sorvlca l-BDO-THANKVOUU-BOO-842-6596) TTYneaw‘flvg i'nzai‘pd servizes D'My 1 8H 6930218 33X 6533 S C'JX -’A--S, SD 57H? Account Summary JANUARY STATEMENT Derious balame $143528 Mlnlmum payment due: $75.78 udymnls 5190,90 New balance as of 01/24/18: $3,451.72 :jxedrts $0.00 Payment due date: 02/22/18 ?’urr’mses $74.66 Cash advances 450,00 Late Payment Warning: [we :13 1er ’vw'va yut 'u'vfl'vm'n :my'nml 3y W.) Lees +5000 date \iaied dbuve‘ yJJ 'ndy 'mve [u ; . y d MIA; fee n" Ju Ia S35 :Hd ya.” A395 mews! +541 78 'nay 3‘9 '1:3‘93'l36hfig se'vlww :a 1877 317'3‘55 Pay your blll from vlrtually anywhere wlth the Cltl Mobile" App and Cltl' Onllne TL» J .IW'I :31, TH! 'ApplS' Iu MyCltl (692454) V gwi'V y u' nuw 5-". .131: SPH- 3’ visit www.cltlcards.com 310333 V‘ BE A 4.) www.citfcards.com Customer Service I-800-THANKYOU(I-800-842-6596) TTY-wea‘i’mqfnaaiwd servizes orfly 17877769373218 33X 653:) S OJX iAHS, SD 57w Your account is past due. Please Day at least the mimrmm payment due, w’nich ncludes a pas! due amount 0? $181.38 and an overlimit amount 0‘ $50213. Account Summary L’rewous balance $3,951.30 ?’ayments 'SDIJO Credits $0.00 ”Luchaser 030.00 Cash advances +5000 Tees 050.00 Interest 651.43 New balance $4,002.73 Credit Limit Ljrnd‘l li'nlt S&bix) '1; 41:3 SL1: C7 La~'1 aJva"t n “"1": Dlease print Address Chanqeson the reve'se side Minimum payment due New balance Payment due date Amount enclosed: AcCOJnt number ending in 4158 4ELEN N30 CITICARDS 5188 MANXWOOD PL P0 BO‘X 78045 SAN JOSE CA 95l1l'1835 Phoe'nx, AZ 85062-8345 $4,002.73 $4,002.73 09/22/18 www.cltlcards.com HELEN N60 Custom" Sorvlco I-BOO-THANKYOUfl-BOO-B42-6596) TIY nea'hg-impaved services 3n‘y 1-877-693-0218 Account Summary T'ahs Dost :late date DeSC’ioIim Anomt Fees charged Tohl lees charged In thls bllllnq period $0.00 Interest charged Date )esc‘iotim A'no‘nt 08/24 INTEREST CHARGED TI) STANDARD DJRC-i $51.43 Total Interest charged In thls bllllnq period $51.43 2018 totals year-to-date ..........T‘.’..‘E'..79E?EP?WE° '“ ?°',.8 $200.00 Total Interest charqnd In 2018 $317.31 Interest charqe calculation Va.” Annual Porcunnqo RI“ (APRNS lne a1nua| Interest ’ate 3'2 szr accent Days in nil‘mg :yc 9.30 Annualpercenh e Balance subject Balance typt rut: [AP ) to Interest rat: Interest charge DJRCHASES ................... . .. .. .. . .. .. . .. . ...... S. {éfiaafd‘pu'za , .1574“). ‘ 53.97510.” 5.5.143. AUVANCS .. . . V .V .. ,. H érénaara Adv 25.99% $000 (3)” $3.03 Your Anwal Pe':e‘1tage Rate (AD?) :5 me a'mual inle'est rale 3n your accont. APPS loHawed 3y (V) 'nay vary. Ba|ances lcnawed 3y L3) a'e dete'mned 3y he daHy balance mehod Ihcludlng :u'rewt ransadlms)‘ Account messages Please note that if we received your pay by phone or owline payment between 5 pm. ET and midnight ET on the last day of your billlng peliod. your payment will not be reflected until your next statement. ”age Z of 2