Complaint Limited Up to 10KCal. Super. - 6th Dist.December 6, 2019Michael S. Hunt ¹99804 Janalie Henriques ¹111589 Emily Collins ¹311804 HUNT & 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. 1350435.001 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Downtown Superior Court 10 12 14 IS 16 17 Portfolio Recovery Associates, LLC Plaintiff, vs. CARMINA RADCLIFFE Defendant(s). Case No. COMPLAINT FOR: (I) Account Stated (2) Open Book Account PRAYER AMOUNT: $5 999.44 LIMITED CIVIL Amount demanded does not exceed $ 10,000 18 20 21 22 24 25 26 27 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, CARMINA RADCLIFFE ("Defendant"), is a resident of SANTA CLARA County, State of California. 3. At all times hcrcin mentioned, Defendants, and each of them, were the principals, agents, employers, employees, masters, or servants of each ol'heir 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 1350435.001 E-FILED 12/6/2019 9:19 AM Clerk of Court Superior Court of CA, County of Santa Clara 19CV359761 Reviewed By: Yuet Lai 19CV359761 I 4. This suit concerns a credit account that was purchased by Plaintiff after January 1, 2 2014 and, therefore, is subject to California Civil Code li 1788.50, et seq. 3 COMPLIANCE WITH CIVIL CODE Il 1788.50, et seq. Pursuant to California Civil Code (I 1788.58(a)(1)-(9): 5 5. Plaintiff is a debt buyer. 6 6. SYNCHRONY BANK issued a credit account to Defendant. Defendant used, or authorized the use of, the credit account to make purchases and/or transactions. Defendant g received periodic billing statements for the credit account. Defendant defaulted in making the 9 required payments. Subsequently, Plaintif1 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 the rights of all owners of the debt. 13 8. The balance at charge-off was $6,036,44. Plaintiff is not seeking to recover any N N 0e'~D Zc X tU 0 14 post charge-off fees or interest. 15 9. The date of last payment on the credit account was on August 3, 2016. 16 10. The name of the charge-off creditor is SYNCHRONY BANK and the account 17 number of the charge-off creditor ended in 5204. An address SYNCHRONY BANK maintained Ig at the time of charge-off was: 19 20 P.O. BOX 965033 ORLANDO FL 32896-5033. 21 11. The name and last known address that the charge-off creditor had for Delendant 22 ts: 24 25 12. 26 charge-off: 27 CARMINA RADCLIFFE 3495 GOLF DR SAN JOSE CA 95 127. The subject credit account has been purchased by the following entity after Portfolio Recovery Associates, LLC who maintains an address at 120 Corporate COMPLAINT Page 2 A 1 1350435.001 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 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 SYNCHRONY BANK, and on the account a balance of $5,999.44 was stated to be due to 10 SYNCHRONY BANK from Defendant. Defendant expressly or impliedly agreed to pay SYNCHRONY BANK that balance. Attached hereto as Exhibit B is a true and correct copy of a billing statement showing the balance due and owing of $5,999.44. III ul 0 0 d Z IZt e Ne N N~ m ta o &D d U Z0 P z 0 17 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. 18. Plaintiff has made demand on Defendant for repayment of the credit account, but Defendant has failed to pay the balance due. 19. Payments, set-offs, credits or allowances, if any, at or after charge off, have been 20 21 22 posted to the credit account. 2CL The current balance presently due and owing is $5,999.44. SECOND CAUSE OF ACTION: OPEN BOOK ACCOUNT 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 22. Within the last four years, Defendant became indebted to SYNCHRONY BANK 24 on an open book account for money due in the sum of $5,999.44 for money lent, paid, laid out, and/or extended to or for Defendant at Defendant's special instance and request and for which Defendant agreed to pay the above sum. 27 COMPLAINT Page 3 A I 1350435.001 1 23. 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. 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 $5,999.44, 9 WHKRKFORK, Plaintiff prays for judgment against Defendant as follows: 10 1. For the current balance presently due and owing of $5,999.44; ll 2. Costs of suit; and 12 3. Any such other relief as the Court may deem just and proper. 13 Dated: October 29, 2019 4t ~ N foal ~ aZ 3 cSz 0 y Z 5 c w uo I/I 14 15 16 17 18 Emi~ins41311804 HUNT & HENRIQUES Attorneys for Plaintiff 19 20 21 22 24 25 26 27 COMPLAINT Page 4 A 1 1350435 001 ':X:::::::3: ..'AE HIBIT CARMINA RADCLIFFE A tE d g -"""'"'5204 ll &PYY 88 I 0 I S fectl.388.7193 PUB 911600901 d FL3289&5009 -P*y t +F Ch SW ~ Intere t Ch g d N 5*lance 0 deL 4 A IWI CW4 0 I Ad L I A I if 0 Stt tCI gDI Dy t!0 gCYI $5 5M 83 $.4 83 $35 00 $ 127 91 $5.662 91 S5 000 00 N * $ 1,000 00 N 08126I20 8 31 ! It y N Y 8 p 7 ft ddt HIM Ih h 7 p 7 h th I I Ady tt d "pp ymg tmtt I N 8 I S5,682 91 A Ip tD 6768 17 TtNM Py tD 9988 00 Py tD Dt 09IISG016 ,Lat Py etlN gd d ~ *y Ttl M p y ND nyth p*y tD ~ I I td y *yh 11y It f* pt $3700 M Im P y e t Wain g dl' tytt dtk W I 9 I P*y tly hd I 0 lyth M 16 y 9 t4 556 00 8 I.S77.302 8775 P teEa dTh Sit et P I Rmiee d t Satance P I N dedf C 579 0 0 579 421 t dip Nt p 0 tfci ystnee pp PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED BY 5 P M IET) OR YOUR IN STORE PAYMENT MUST BE RECEIVED DURING STORE I-IOURS ON THE DVE DATE NOTICEY py I yh ndm I t dWtS I dtl*f!0 0Rghl li t d Ih p mm t PLEASE DETACH AND RE TVRN THIS STUS WITH YOUR CHECK PAYABLE TO SYN CHRON Y BANK A tE d g """"""'5204 $988 00 $768 17 I cglt872016 '.662 91 lllllllllhllllllllllllllllllllllllllllll FILL IN TOTAL PAID $ CARMINA RADCLIFFE 3495 GOLF DR SAN JOSE CA 95127.1162 Sy h 7 B*»idJCP PO 8 8M090 O I d FL 32896.0090 T 9 I Dl Dt RH N 8 4 t 0SN3 08103 5548880K900XSSHI0 SSH8 tMD8 08126 00125 08l26 08/26 ONLINE PYMT THANK YOU ALPHARETTA GA FEES LATE FEE TOTAL FEES FOR THIS PERIOD INTEREST CHARGED IN TE RE 67 CHARGE ON PURCHASES INTERES CHARGE ON CASH ADVANCES TOTAL INTEREST FOR THIS PERIOD IRGA 831 $35 00 $ 35 Gl $ 127 91 50 00 $ 127 91 TH IF Ch*9 d 2016 T t II t tCh 0& 2016 TtHI tP d 2016 3175 00 ~ $952 84 i8504 38 Typ I 5 9 0 I Ad E 9 D t NA NA 26 99 26 99'h $5,579 65 $0 00 81 * Shi IT R t Ch Sd 8127 91 $0 00 Y h Syt Ii&1 I I tt IDI yTh4 yh dd t h«h 9 Y N I I t Ply hhlt t &C 061 Nth*N I tH t Th I 5433 H3H 1 7 23 16032»: gszsa3o£3 124a 0200 see: 01525433 'X:::: 3''4E HIBIT B CARMINA RADCLIFFE A tE 0 g """"'"'5204 V SPYY 80 C t S I 800 388 7193 PO 8 9S5009 0 I d FL 32896 5009 F Cha gsd t t Cha oed N 8 I Omsl 4 A IYWI C Wa 0* I Ad L»t A INK C h St t tCI * gD D y 80 gCy I $5 827 12 $37 00 $ 135 32 $5.999 44 35,000 00 N 81 Doo 00 N I DOS G0 I 6 31 ~N'3 N BN $ 5,999 44 A o tpastD e $ 1 211 00 TcWIM P y tD $ 1 444 00 py ND*D I o 8 2ll16 Lt py *twain gd d m y Tti M Py t ~ Pyth Py ID Dt INW t y yh t py It I «pt $3700 M Py tW ng dy M lyth dt dtm 1 I g I py Sy ha* F pl If y ddt Id g soth d h 0 7 0 lyth M p 7 m Y npymf Ady 0 d Ih hd PI 7 g N 0 sa I dtNMI W I 16 7 M4,630 00 I I.S77 302 8775 PNVKUSP0 tB I I'ont Earned Th st t nt p mh sess tsd IJCP eYSI p P t Rsd ed N P IBM ca p I N ddf Cene 579 0 0 579 421 dl 9 tcaty ce eto JclenneyMastenw 0 KS I I Gt,ooo e ardepont p chas IJCP ygt I p PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED BY 5 P M fETI OR YOUR IN STORE PIIVMENT MUST BE RECEIVED DURING STORE HOURS ON THE DUE DATE NOTICEY py t yt Wd t INM dmnS I dt I 811~Right lf 0 ~ Ih p Pa I PLEASE DETACH AND RETURN THIS STUB WITH YOUR CHECK PAYABLE TO SYNCHRONY BANK A untEndna "" " '5204 $1 444 00 $ 1,211 00 I 11/1812016 $5.999 44 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII FILL II TOTAL PAID $ CARMINA RADCLIFFE 3495 GOLF OR SAN JOSE 01195127 1162 Sy h y 8 KIJCP po 8 geooeo 0 WH FL 32896-0090 T P t A 1088 10126 10126 t 011 8 10726 10726 FEES LA E FEE TOTAL FEES FOR THtS PERIOD INTEREST CHARGED IN TF RE ST CHARGE ON PURCHASES INTEREST CHARGE ON GAS N ADVANCES TOTAL INTEREST FOR THIS PERIOD $37 00 537 QQ $ 135 32 $0 00 $ 135 3 7 GIF *Ch QW„2015 7tHI NCI QM 2018 TtHt IP d 2016 $249 QQ $ 1,215 37 $504 31! Typ I 0 I 0 QAd NA NA 26 99'4 Bl 99' t R \ 8 I Sah NT t RAS $5 902 99 $0 00 CI gd $ 135 32 $0 00 23 161026 3:495:55 3 of 5 0200 C602 01515433 5433 38H 1 7 23 0:5 1:46 0260 c502 01515433 5433 Hera 1 7 23 161026 Exmcasofs 1246 0200 cao: 01615433 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT STATEMENT OF LOCATIONNENUE CASE NAME: Portfolio Recovery Associates, LLC v. CARMINA RADCLIFFE CASE NUMBER: Please check ONE of the following statements to indicate the basis for your filing of the complaint in this Judicial District and fill in the address. 1. 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, he address of this property is: Street City Zip Code 3. Tort occurred in this judicial district. The address of the tort is: Street (if known) City (or nearest major intersection) Zip Code 4. Contract entered into or to be performed in this iudicial 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: 3495 GOLF DR, SAN JOSE CA 95127 Street City Zip Code I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: October 29, 2019 IQ@Lature of Plaintiff's Attorney Emily Collins ¹311804 Hunt 8 Henriques 1 350435.001
