Complaint Limited 10K and 25KCal. Super. - 6th Dist.August 7, 2019Michael S. Hunt ¹99804 Janalie Henriques ¹111589 Devin Jacobsen ¹308722 HUNT k HENRIQUES, Attorneys at Law 151 Bernal Road Suite 8, San Jose CA 95119-1306 Telephone: (800) 680-2426 Facsimile: (408) 362-2299 Attorneys for Plaintiff File no. 1335542.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Downtown Superior Court o'n zo IVl ~ o g A c~D V Z0 G W tl! 10 12 14 15 16 U 17 18 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, ROS ILENE MARTINS Defendant(s). Case No. COMPLAINT FOR: (I) Account Stated (2) Open Book Account PRAYER AMOUNT: $ 17,647.25 LIMITED CIVIL Amount demanded exceeds $ 10,000 19 20 21 23 25 26 27 28 Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, ("Plaintiff"), alleges: 1. Plaintiff is a limited liability company. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, ROSILENE MARTINS ("Defendant"), is a resident of SANTA CLARA County, State of Californi. 3. At all times herein mentioned, Defendants, and each of them, were the principals, agents, employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were acting in the course and scope of said authority of such agents, servants, and employees. COMPLAINT Page I A I 1335542.001 E-FILED 8/7/2019 4:25 PM Clerk of Court Superior Court of CA, County of Santa Clara 19CV352998 Reviewed By: Yuet Lai 19CV352998 I 4. This suit concerns a credit account that was purchased by Plaintiff after January I, 2014 and, therefore, is subject to California Civil Code 5 1788.50, et seq. 3 COMPLIANCE WITH CIVIL CODE tt 1788.50, et seq. 4 Pursuant to California Civil Code 8 1788.58(a)(1)-(9): 5 5. Plaintiff is a debt buyer. 6 6. CITIBANK, N.A. issued a credit account to Defendant. Defendant used, or 7 authorized the use of, the credit account to make purchases and/or transactions. Defendant 8 received periodic billing statements for the credit account. Defendant defaulted in making the required payments. Subsequently, Plaintiff was assigned and transferred all right, title and 10 interest in the credit account. 11 7. Plaintiff is the sole owner of the credit account at issue, or has authority to assert 12 the rights of all owners of the debt. 13 8. The balance at charge-off was $ 17,648.54. Plaintiff is not seeking to recover any M ill Ql 5 ~ 5 cQ O 0 l th N z & ~~ c a 'eC) o z0z 2 CO j !4 post charge-off fees or interest. 15 The date of!ast "avment on the credit account was on April 25, 2016. 10. The name of the charge-off creditor is CITIBANK, N.A. and the account number of the charge-off creditor ended in 9582. An address CITIBANK, N.A. maintained at the time of 18 charge-off was: 19 20 701 EAST 60TH STREET NORTH SIOUX FALLS SD 57117. 21 11. The name and last known address that the charge-off creditor had for Defendant 22 1s: 25 ROSILENE MARTINS 933 BLOSSOM HILL RD LOS GATOS CA 95032. 26 27 12. The subject credit account has been purchased by the following entity after charge-off: Portfolio Recovery Associates, LLC who maintains an address at 120 Corporate 28 COMPLAINT Page 2 A I 1335542.001 Blvd., Norfolk, VA 23502. 2 13. Plaintiff has complied with Section 1788.52 of the California Civil Code. 3 14. Attached hereto as Exhibit A is a true and correct copy of the most recent monthly 4 statement recording a purchase, payment or balance transfer prior to charge off. FIRST CAUSE OF ACTION: ACCOUNT STATED etz 0 Z cQ tzt lh o eE eIfl g ~ ~~ ta uz~ tl I5 18 Plaintiff has made demand on Def ndant for repavmpnt of tile credit account but 17 Defendant has failed to pay the balance due. 19. Payments, set-offs, credits or allowances, if any, at or after charge off, have been posted to the credit account. 7 15. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 8 16. Within the last four years, an account was stated in writing between Defendant and CITIBANK, N.A., and on the account a balance of $ 17,648.54 was stated to be due to 10 ClTIBANK, N.A. from Defendant. Defendant expressly or impliedly agreed to pay CITIBANK, N.A. that balance. Attached hereto as Exhibit B is a true and correct copy of a billing statement showing the balance due and owing of $ 17,648.54. 13 17. Before the commencement of this action, Plaintiff was assigned the credit account and indebtedness. Plaintiff is now the owner and holder of the credit account. 19 20. The current balance presently due and owing is $ 17,647.25. 20 21 SECOND CAUSE OF ACTION: OPEN BOOK ACCOUNT 22 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 23 22. Within the last four years, Defendant became indebted to CITIBANK, N.A. on an open book account for money due in the sum of $ 17,648.54 for money lent, paid, laid out, andlor extended to or for Defendant at Defendant's special instance and request and for which Defendant agreed to pay the above sum. 27 28 COMPLAINT Page 3 A 1 1335542.001 1 23. Before the commencement of this action, Plaintiff was assigned the credit account 2 and indebtedness. Plaintiff is now the owner and holder of the credit account. 24. Plaintiff has made demand on Defendant for repayment of the credit account, but 4 Defendant has failed to pay the balance due. 5 25. Payments, set-offs, credits or allowances, if any, at or after charge off, have been 6 posted to the credit account. 7 26. The current balance presently due and owing is $ 17,647.25. 9 WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 10 12 1. For the current balance presently due and owing of $ 17,647.25; 2. Costs of suit; and 3. Any such other relief as the Court may deem just and N co A Ql n Z co Q D t CV rn 'em 6 = g Qg P 14 15 16 17 Dated: July 16, 2019 Devin Jacobsen ¹308722 HUNT & HENRIQUES Attorneys for Plaintiff 19 20 21 22 25 27 COMPLAINT Page 4 A I 1335542.001 'X:::::: 3:."..'E HIBIT A ~~ atat UrtlVersat e-rd AT8T Universal RewardsWorld NasterCard e ROSILENE MARTINS Membef Since ZGGG Account number ending in: 9582 9!Iling Pef iod;03/25/f6-04/26/16 How to f'eac'ly us www.universalcard,corn 1-966-5BG.5BGZ PG BGX 6500 S'GUX FALLS, SD 57117.65GG Minimum payment duel New balance: Payment due date: 8311.08 816,168.43 05/22/16 If you make no additional charges using this card and each month you pay... You wffl pay off the balance shown on this statement In about... And you will end up paying an estimated total of... Late Payment Warning: If we do not receive your minimum payment by the date Ifsfed above, you may have to pay a late fee of op!0 $ 37 and your APRs may be increased up to the variable Penalty APR c I'999'k. Minimum Payment Warning:!f you make only the minimum payfnent each period, you will pay more in inlerest and ft will take you longer to pay off your balance. Fof examole Account Summary Previous balance Payments Credits Purchases Cash advances Fees Interest New balance Credit Limit Revolving Credit limit Inc'udes 50 cash advance liroit Available Revolving credit $ 1 5,840.32 -$284.52 $29216 +$754,71 +$0.00 +$0.00 + Sf 50.08 S16,168.43 $16,880 $ 711 OnIy the minirnurn payrneni 30 year{sf 5527 3 year(s) For IhcormstIoh sbof I redIt our sehhg servIces, cell I 877 534,497 5'8,972 (Savfngso515.525) 337 Bi87 Total Thankyou Member Available Point Balance: 4,{Scf9 as of 03/31/16 » See page 3 for more information about your rewards. Please print Address Changes on the reverse side 000000 PW 00 A 0 I,+Q Pay online www.universe'card,corn Pay by Phone !-866-580-58020 pay by mail Use thfs coupon ~ Ehcfaye e uaf d check oc moray aider aeyehfe fo ATST ITNIVE!TSAL CARO No Ice oI foIefao C u I'' I I c 7 I nfafe fhe reef four IaI!I of your accauuf uumher oo you check, Minimum payment due New balance Payment due date Amount enclosed: Account i cumber of!ding in 9582 $311.08 $16,168.43 05/22/1 6 ROSILENE IylARTINS 933 BLOSSOM HILL RD LOS GATOS CA 95032-3504 ATST UNIVERSAL CARD PO BOX 78045 Phoenix, AZ 85062-8045 15000 003110'blf aft3 0025N00 9582 1&lb ROSfLENE MARTINS www.umversalrard.corn Page Z of 3 I-866-580-58OZ Account Summary Trans. Post date date iDescription Payirients, Ci'edh s end Adiiis manic 04/22 ONLiNE PAYMENT THANK YOU 04/02 04/02 NORDSI ROM n04Z5 SANTA CLARA CA 04/G9 04/09 BED BATH & BEYOND aZ23 SAN JOSE CA 04/09 04/09 BED BATH & BEYOND a223 SAN JOSE CA 04/13 Citi Select & Credit Stmnt Credit 04/18 04/18 ANTHROPOLOGIE n436 SAN JOSE CA Amount $ 284.52 $ 17.94 $ 18.58 $ 2'0.86 ThankYou Points Earned This Base Category Bonus Merchant Bonus Cardmemf)er Bonus Adjusted Period:;„ 48Z', + Q. +C' Qi t~fclI".'rf'jOLI from Cltl Member 10: 8910232094641512 Standard Purchases Total Earned 482'3/24 03/25 CHIROPRACTIC LIFECARE 706-453-2300 GA $39.95 03/28 03/28 ROTTEN ROBB E n01 LOS GATOS CA 04/Gl 04/O'LUE SHIELD OF CA 08004312809 CA 04/08 04/08 BED BATH & BE. YOND n223 SAN JOSE CA 04/09 04/09 BED BAIH & BEYOND n223 SAN JOcE CA $ 19 79 $ 144.13 $ 33.68 $ 14.12 Total Base Total Bonus Total Adjusted 962: +Q. +Q 'hankYou Points Earned Year to Date 04/12 04/'2 LOS GATOS HARDY/ARE LGS GATOS CA $ !4 66 Total Earned 962. 04/13 04/13 STATE OF CALIF DMV INT 800-7770133 CA 04/14 04/14 AAA INSURANCE 8009228228 CA 04/19 G4/i9 TRADER JOE'S al81 QPS LOS GATOS CA 04/22 04/22 TRADER JOE'S a181 QPS LOS GATOS CA 04/23 04/23 IRADER JGE'S at81 QPS LGS GATOS CA 04/23 04/23 AAA*NCNU fv18RSHIP SVCS LOS GATGS CA Fees charged Total fees charged in this billing period $129.00 $ 241.50 $ 20.54 $ 6.47 $ 9.87 $81.00 $ 0.00 » Visit thahkyou.corn to radeefn poihits or ee luff re(yards detai'*:9: Bonus Points may tak one to two bi(fmg cycles to appear on your sta'.ement Please refer to the specific terms and conditions pertaininc to the promotion for fur!her detai:s. Interest charged Date Description 04/26 INTERESi CHAiiGED TO STANDARD PURCH 04/26 INTEREST CHARGED TO PUR PR.GB/14/i5, Total interest charged in this billing period Amount $ 27.04 $ 12.,04 $ 150.08 20t6 totals year-to-date Total fees charged in 2016 Total interest charged in 201& $0.00 $ 531.37 Interest charge calculation Days in bil!ing cycle:33 Your Annual percentage Rate (ApR)is the eniiuel mterest rate on your ecccum Annual percentage Balance subject Balance type rate(APR) to interest rate Interest charge PURCHASES Staridard Purch Z9.91% (V) $ 999.81(D) SZ7.04 Pur Pr 081415 8.'99% $ 15,137,89 (0 i $ 123 04 ADVANCES Standard Adv 29.91% (V) $ 0.00 (0) CG OL Your Annual Percentege Rate!APR) i the aiin wl interest rate or your account. APRs followed by (V) may vary. Balar ces fc flowed by (0) are determined by the:Icily balance mettled (includmg currer.t transa tionc). rfoSILEffK IaABTIfxrS www,unfversafeard,conr Page 3 of 3 1-866.580-5802 Account n1esseqes Your card's protection benefit provider is changing as of May 15, 2016 You will continue to receive the protection, savings and peace of mind you expect from your current protection benefits, alonq with: greater coverage, fewer exclusions and more flexibility. Learn more in your Guide to Protection Benefits. Please note: There won't be a lapse in your coverage. Please visit www.cardbenefits.citi.corn/guide2 to view a copy of your new Guide to Protection Benefits or call the number on the back of your card with questions. Pemember, any charges al)ovp. your revolving credit limit MUST BE PAID IN FULL by your statement's payment due date. :X::::::: 4:."..: 4E HIBIT B atatt 'niv rSGl CBI'6 AT8T Universal Rewards World tdasterCard e ROSILFNE MARTINS Meircbei Since ZGGG Accnun! number ending in; 958Z Bil'ing ipei ind:OT/ZT/16"08/24/16 Minimum payment due: New balance: Payment due date: 52,553.35 517,648.54 09/22/16 If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement m about... And you will end up paying an estimated total of... Late Payment Warning:If we do not i'eceive ynui minimum payment by the date listed above, ynu may have tn pay a late fee nf up tn $ 37 and yolk APRs may be inoeased up tn the vaiiable Penalty APR of Z999osk. Minimum Payment Warning: lf ynu make nnly ',he minimum payment each period, ynu will pay more in in",crest and it will take ynu longer tn pay off your balance. For example: Account Summary Previous balance Payments Credits Purchases Cash advances Fees interest New balance S17,450.30 $0.00 -SO.OO +SO.OQ +$0.00 +$37,00 +$161.24 $ 17,648.54 How to reacts us www.universalcard.corn 1-866.580.580Z DG BGX 6500 S OLIX FALLS, SG 57117 65GO Your account is past due, Please pay at least the minimum payment due, which includes a past due amount of $141Q.57 and an overlimit amount of S768.54. On y!he minimum payment 30 year(sl $38,219 For ihformaiioi. aLout credit cnunseung serv,ces, call 1 877 337 8188. Credit Limit Revolving Credit limit Inc udes $ 0 lash advance lfryft $16,880 Total Thankyou Member Available Point 8alance: 0 as of 07/31/16 » See page 3 for more information about your rewards. Please print Address Changes on the reverse sids 000000 Pyv OG A 0 Pay online www.universalcard.cornQ Pay by phone D866-580-880Z Pay by mail Use this coupon E«dose a valid shack oi mone; order Payable la Arxt Iluivclr AL CARD No cash ai ioi elan cu«e«cy ~ W«le the last four d Oils of your accouhl msi«hero« your check Minimum payment due New balance Payment due date Amount enclosed: Account number ending in 9582 $2,553.35 $17,648.54 09/22/16 ROSILENE MARTINS 933 BLOSSOM HILL RD LOS GATOS CA 95032-3604 AT&7 UNIVERSAL CARD PO BOX 78046 Phoenix, AZ 86062-8045 15000 0255335 17tit85lt 0028LI00 9582 181l ROSILENE MARTINS www.untversatcard,com Pc1ge 2 of 2 1.866.580.5802 Account Summary Trans Post date date Descnplion Amount Fees charged Date Descnption 08/24 I ATE EEE . JUE PAYMENT PAST DUE Total fees charged in this billing period Interest charged Date Description Amount e37 00 $ 37.00 Amount Member ID: 8 910232094641 512 ThankYou Points Earned This Period. Base 02 Category Bonus + 0'erchantBonus + 0'I Cardmember Bonus +0'djusterl + 0:. 08/24 INTEREST CHARGED IO STANDARD PURCH $ 51,48 Total Earned,'/24 INTEREST CHAR{ r D TO PUR PR.OB/14/15. Total Interest charged in this billing period 2016 totals year-to-date Total fees charged in 2016 Total interest charged in 2016 Interest charge calculation 5lri9.76 $ 161.24 $ 138. 00 $ 1,175.09 Days in billing cyc'e 29 Total Base Total Bonus Total Adjusted Total Earned 1,660 e + 0:„i +0 ',660:" » Visit thankyou.corn 'to I adeem poln'ts or sep. )uii . Bwe)rds da'tolls. ThankYou Points Earned Year to D&1te Balance tvoe PURCHASES Annual percentage Balance subject rate (APR) to Interest rate Interest charge Ycvr Annual Percentage Rate {APR) is the coin el iiil erect rate cn your account. Bnilus Points may take one to two tlil',inc cycles to appear on your statement. Please refer to the specific terms and condition. per'.amlng to the promotion for further derails. Standard Purch Pur Pr 081415 ADVANCES 29.98% (V) $ 2,{61.31 (D) 8.99% $15,366.66 (D) $ 51. 48 $109.76 Standard Adv 29.98% (V) $000 (D) $000 Your Annual Percenlsce Rate (APR)'is the annual interest rate or Your account APRs followed by! V) may vary. Balances followed by {D) are determined by the d ily bs'ance method ! including current transactions). Account messages l3ue to your late payment status you did not earn any points this month. to view your scheduled payments and payment history, sign on to Account Online using the URL on the back of your card, To view available ThankYou Points, visit www.ThankYou.corn Please note that if we received your pay by phone or online payment between 5 D.m. ET and midnight ET on the last day of your billina period, your payment will not be reflected until your next statement. Remember, any charges above youl revolving credit limit MUST BE PAID IN EIULL by your statement's payment due date. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: PORTFOLIO RECOVERY ASSOCIATES, LLC v. ROSILENE MARTINS CASE NUMBER: Please check ONE of ine following statements to indicate the basis for your filing of the complaint in this Judicial District and fill in the address. f. Cause of Action arose in this Judicial District. The address of the cause of action is: Street City Zip Code 2. Property located in this judicial district. The address of this property is: Street City Zip Code 3. Tort occurrecl in this judicial district. The address of the tort is: Street (if known) City Zip Code (or nearest major intersection) 4. Contract entered into or to be performed in this judicial district. The address where contract entered into or to be performed is: Street (if known) City Zip Code X 5. Defendant resides in this judicial district. The address of the defendant is: 965 BLOSSOM HILL RD, LOS GATOS CA 95032 Street City Zip Code ! declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: July 16, 2019 Signature of'Plaintiff's Attorney Devin Jacobsen ff308722 Hunt & Henriques 1 335542.001
